Chapter 5101:2-42 Substitute Care

5101:2-42-04 Authority to assume and retain custody of a child.

(A) A public children services agency (PCSA) or private child placing agency (PCPA) shall place a child in substitute care setting apart from his parents, guardian, or custodian only if custody of the child has first been assumed or retained by that agency. A PCSA or PCPA may provide placement services for a child through the direct placement of the child by his parent, guardian, or custodian into a facility operated by the PCSA or PCPA.

(B) A PCSA or PCPA may assume or retain custody of a child through:

(1) Temporary court order, including an ex parte emergency order, issued by a juvenile court.

(2) Temporary custody issued or extended by a juvenile court exercising jurisdiction pursuant to section 2151.353 , 2151.354 , 2151.355 , 2151.415 , or 2151.417 of the Revised Code.

(3) Execution of a JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) in accordance with requirements of rule 5101:2-42-09 of the Administrative Code.

(4) Permanent custody issued by a juvenile court exercising jurisdiction pursuant to section 2151.353 , 2151.354 , 2151.414 , 2151.415 , or 2151.417 of the Revised Code.

(5) Execution of a JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) in accordance with requirements of rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code.

(6) Execution of another JFS 01645 for extension of temporary custody in accordance with requirements of rules 5101:2-42-07 and 5101:2-42-08 of the Administrative Code.

(7) Planned permanent living arrangement order issued by a juvenile court exercising jurisdiction pursuant to division (A)(5) of section 2151.353 of the Revised Code.

(C) A PCSA may place a child in substitute care upon acceptance of the child from a law enforcement officer or duly authorized officer of the court. Upon acceptance of the child the PCSA shall request an ex parte order from the court and shall file a petition authorizing the continued placement of the child within twenty-four hours or the next working day, pursuant to rule 5101:2-39-01 of the Administrative Code, if applicable.

(D) A PCSA shall accept and take emergency temporary custody of a deserted child as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA shall:

(1) Provide temporary emergency care for the child.

(2) Petition the juvenile court for an order within twenty-four hours or the next working day requesting that temporary custody be granted to the PCSA or a designated PCPA.

(E) Upon the granting of the order for temporary custody the PCSA shall perform such duties for the deserted child as required for any child in the agency's custody.

Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.166
Prior Effective Dates: 1/14/83, 9/28/87 (Emer.), 12/27/87, 1/1/89, 1/1/90, 12/1/01, 10/9/06

5101:2-42-05 Selection of a placement setting.

(A) When a child cannot remain in his or her own home, the public children services agency (PCSA) or private child placing agency (PCPA) shall explore both maternal and paternal relatives regarding their willingness and ability to assume temporary custody or guardianship of the child. Unless it is not in the child's best interest, the PCSA or PCPA shall explore placement with a non-custodial parent before considering other relatives.

(B) If a suitable relative is not available to assume temporary custody, guardianship, or placement, the PCSA or PCPA shall explore placement with a suitable nonrelative who has a relationship with the child and/or family.

(C) The PCSA or PCPA shall only place children:

(1) In homes of relative or non-relatives approved by the PCSA or PCPA in accordance with rule 5101:2-42-18 of the Administrative Code.

(2) In substitute care settings that are licensed, certified or approved by the agency of the state having responsibility for licensing, cerifying or approving facilities of the type in which the child is placed.

(D) The PCSA or PCPA shall attempt to place siblings in the same home unless it is not in the child's or siblings' best interest.

(E) When the PCSA or PCPA has temporary custody of a child, it shall select a substitute care setting that is consistent with the best interest and special needs of the child and that meets the following criteria:

(1) Is considered the least restrictive, most family-like setting available to meet the child's emotional and physical needs.

(2) Is in close proximity to the home from which the child was removed or the home in which the child will be permanently placed.

(3) Is in close proximity to the school in which the child was enrolled prior to placement.

(4) Is designed to enhance the likelihood of achieving permanency plan goals.

(5) Is able to provide a safe environment for the child.

(F) The following allowable settings are listed in order from least restrictive to most restrictive:

(1) The home of a suitable relative as defined in rule 5101:2-1-01 of the Administrative Code.

(2) The home of a suitable nonrelative as defined in rule 5101:2-1-01 of the Administrative Code.

(3) A foster home.

(4) An independent living arrangement, as appropriate for the child.

(5) A group home.

(6) A maternity home.

(7) An emergency shelter care facility.

(8) A children's residential center.

(9) A medical or educational facility.

(G) For a child in the permanent custody of a PCSA or PCPA, an adoptive placement shall be considered the least restrictive setting. When selecting an adoptive placement, the agency shall follow rule 5101:2-48-16 of the Administrative Code.

(H) Only when a PCSA or PCPA determines that a child's mental, physical or emotional needs indicate that a less-restrictive setting cannot address his or her needs, the PCSA or PCPA may place the child in a more restrictive setting.

(I) This rule shall not contravene the placement of a child in a secure facility or other specified setting by law enforcement or any court of jurisdiction.

(J) The PCSA or PCPA shall document the following in the child's case plan:

(1) Educational, medical, psychological, and social information used by the agency to select a placement setting.

(2) How the setting constitutes a safe and appropriate placement.

(3) Why less-restrictive placements, if applicable, were not utilized.

(K) The provisions of this rule do not apply to a permanent surrender agreement executed in the child's best interest by a PCPA in accordance with division (B)(2) of section 5103.15 of the Revised Code for a child less than six months of age for the purpose of adoption on the date of the execution of the agreement.

(L) All placement activities shall be in compliance with rules 5101:2-42-18.1 and 5101:2-48-13 of the Administrative Code and 42 U.S.C. sections 671(a)(18), 674(d) and 1996b (collectively, the Multiethnic Placement Act or MEPA as in effect January 1, 1997).

Effective: 05/10/2014
R.C. 119.032 review dates: 01/21/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 2151.55 , 2151.551 , 2151.552 , 2151.553 , 2151.554 , 2152.72 , 5103.02 , 5103.03 , 5153.16
Prior Effective Dates: 1/14/83, 9/23/87 (Emer.), 12/27/87, 1/1/89, 1/1/90, 10/1/90, 12/15/95 (Emer.), 3/1/96, 10/1/97, 12/30/97, 3/18/99 (Emer.), 6/17/99, 1/1/03, 10/4/04 , 12/19/2008

5101:2-42-06 Agreement for Temporary Custody of Child (JFS 01645).

(A) The JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) is the sole form prescribed by the Ohio department of job and family services (ODJFS), pursuant to section 5103.15 of the Revised Code. The JFS 01645 must be utilized for all such agreements.

(B) Execution of the JFS 01645 creates the status of temporary custody with a public children services agency (PCSA) or private child placing agency (PCPA) for a specified time period subject to the provisions of rule 5101:2-42-08 of the Administrative Code. The agreement for temporary custody may be terminated at the request of either party prior to expiration of the specified time period.

(C) By execution of the JFS 01645, a PCSA or PCPA accepts the responsibilities as specified on the JFS 01645, in addition to any further responsibility imposed by law on one who holds temporary custody of a child.

(D) By execution of the JFS 01645, a PCSA or PCPA is given authority for action as specified on the JFS 01645, in addition to any further responsibility prescribed by law to one who holds temporary custody of a child.

(E) By execution of the JFS 01645, the parent, guardian, or custodian accepts the responsibility as specified on the JFS 01645, in addition to those imposed by law.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5103.15, 5153.16
Rule Amplifies: 5103.03, 5103.15, 5153.16
Prior Effective Dates: 1/14/83, 9/28/87, 1/1/89, 2/1/03, 4/20/2008

5101:2-42-07 Extension of Agreement for Temporary Custody of Child (JFS 01645).

(A) The JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) is the sole form prescribed by the Ohio department of job and family services pursuant to section 5103.15 of the Revised Code. The JFS 01645 must be utilized for an original or additional thirty-day extension of an agreement for temporary custody of a child.

(B) Court approval of the JFS 01645, either for an original or additional extension extends the status of the agreement with the public children services agency (PCSA) or private child placing agency (PCPA) for the specified time period in accordance with rule 5101:2-42-08 of the Administrative Code.

(C) An extension of the temporary custody by agreement may be terminated at the request of either party prior to expiration of the specified time period. The PCSA or PCPA shall notify the court of such termination within seven days.

(D) A PCSA or PCPA shall accept the responsibilities as specified on a court-approved JFS 01645, in addition to any further responsibility imposed by law on one who holds temporary custody of a child.

(E) A PCSA or PCPA is given authority for action as specified on the court-approved JFS 01645, in addition to any further responsibility imposed by law on one who holds temporary custody of a child.

(F) The parent, guardian, or custodian, accepts the responsibility as specified on the court-approved JFS 01645, in addition to those imposed by law.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 2151.413, 5103.03, 5153.15, 5153.16
Rule Amplifies: 2151.413, 5103.03, 5153.15, 5153.16
Prior Effective Dates: 1/1/89, 2/1/03, 4/20/2008

5101:2-42-08 Acceptance of temporary custody by agreement and court-approved extensions.

(A) Agreement for temporary custody or an extension of the agreement may be accepted by a public children services agency (PCSA) or private child placing agency (PCPA) only by proper execution of the JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) and compliance with the conditions stated therein.

(B) For the purpose of this rule, the PCSA or PCPA shall execute the JFS 01645 in the county in which the parent, guardian or custodian has residence or legal settlement.

(C) Temporary custody by agreement shall be accepted only from a child's parent, guardian, or custodian.

(D) The JFS 01645 shall not be executed until the PCSA or PCPA has completed all of the following:

(1) Evaluated the reason for the transfer of temporary custody.

(2) Explored all reasonable less drastic alternatives for the care of the child by his:

(a) Parent

(b) Non-custodial parent

(c) Guardian

(d) Custodian

(e) Relative, or

(f) Other interested nonrelative

(3) Determined that appropriate placement resources are available for the child.

(4) Reviewed the JFS 01645 with the parent, guardian, or custodian.

(E) When the child is less than six months of age on the date of the execution of the JFS 01645 and the purpose is adoption, the agreement for temporary custody shall be for a specified period of not more than sixty days. If the PCSA or PCPA determines temporary custody should continue beyond sixty days and the child's parent, guardian, or custodian concurs, the PCSA or PCPA shall file a request with the juvenile court of the county in which the parent, guardian or custodian has residence or legal settlement for a thirty-day extension of such agreement for temporary custody.

(F) When the agreement for temporary custody is not for the purpose of adoption, the agreement for temporary custody shall be for a specified period of not more than thirty days.

(1) If the PCSA or PCPA determines temporary custody beyond thirty days is appropriate, and the child's parent, guardian, or custodian concur, the PCSA or PCPA shall file a request with the juvenile court for an original thirty-day extension of the agreement for temporary custody.

(2) If the PCSA or PCPA determines temporary custody beyond the original thirty-day extension approved by the juvenile court is appropriate, and the child's parent, guardian, or custodian concur, the PCSA or PCPA shall seek approval from the juvenile court which granted approval of the original thirty-day extension for an additional thirty-day extension of the agreement.

(G) When requesting juvenile court approval for a thirty-day original extension or an additional thirty-day extension of an agreement, the PCSA or PCPA shall:

(1) File the request in sufficient advance of the expiration date of the agreement, as directed by the court, to allow the court to determine whether the extension is in the best interest of the child; and

(2) If the request is for an original extension, file a copy of the case plan prepared in accordance with new rules 5101:2-53-05 and 5101:2-38-05 of the Administrative Code for PCSAs, and rule 5101:2-38-07 of the Administrative Code for PCPAs; or

(3) If the request is for an additional extension, file a copy of the amended case plan prepared in accordance with new rules 5101:2-53-05 and 5101:2-38-05 of the Administrative Code for PCSAs, and rule 5101:2-38-07 of the Administrative Code for PCPAs.

(4) Document in the case record the reasons why an original or additional extension is necessary and efforts to be made during the extension period to fulfill the case plan.

(H) If the PCSA or PCPA does not request an original thirty-day extension or an additional thirty-day extension, the PCSA or PCPA shall:

(1) Return the child to his parent, guardian, or custodian; or

(2) File a complaint with the juvenile court pursuant to section 2151.27 of the Revised Code requesting temporary or permanent custody.

(I) When filing a complaint with the juvenile court, the complaint must be accompanied by a case plan prepared in accordance with rule 5101:2-38-05 of the Administrative Code for PCSAs, and rule 5101:2-38-07 of the Administrative Code for PCPAs.

(J) If the PCSA or PCPA is denied an extension, it shall return the child unless it has obtained a court order authorizing it not to do so. Upon being denied an extension, the PCSA or PCPA may file a complaint and seek an emergency order permitting the PCSA or PCPA to retain custody pursuant to section 2151.33 of the Revised Code.

Effective: 05/10/2014
R.C. 119.032 review dates: 01/21/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.03 , 5103.15 , 5153.16
Rule Amplifies: 5101.03 , 5103.15 , 5153.16
Prior Effective Dates: 1/14/83, 6/1/85 (Emer.), 8/12/85, 9/29/87, 1/1/89, 1/1/90, 2/1/03, 4/20/2008

5101:2-42-09 Acceptance of permanent custody by permanent surrender.

(A) The parents, guardian, or other persons having custody of a child may enter into an agreement with a public children services agency (PCSA) or private child placing agency (PCPA) to voluntarily surrender a child into the permanent custody of an agency when there is mutual agreement that a permanent surrender would be in the best interests of the child. The PCSA or PCPA shall use the JFS 01666 "Permanent Surrender of Child" (rev. 10/2013) when executing the agreement. The JFS 01666 shall not be executed until at least seventy-two hours after the birth of the child has elapsed.

(B) At least seventy-two hours prior to the PCSA or PCPA execution of the JFS 01666, the assessor shall meet with the parents, guardian or other persons having custody of the child to do the following:

(1) Discuss with the parents, guardian, or persons having custody of the child other options available in lieu of surrendering the child.

(2) Advise the parents, guardian, or persons having custody of the child that execution of a JFS 01666 will sever all parental rights to the child and will terminate all residual parental rights, privileges and responsibilities as defined in section 2151.011 of the Revised Code.

(3) Advise the parents, guardian or persons having custody of the child that execution of a permanent surrender must be approved by the juvenile court unless the JFS 01666 is executed by a PCPA solely for the purpose of obtaining an adoption of a child who is less than six months of age on the date that the agreement is executed.

(4) Advise the parents, guardian or persons having custody of the child of Ohio law regarding open adoption and Ohio adoption procedures.

(5) Review, discuss and complete the JFS 01693 "Ohio Law and Adoption Materials" (rev. 5/2009). Only sections "I", "II", and "III" need to be completed for a child over six months of age on the date the JFS 01666 is executed.

(C) The PCSA or PCPA shall not execute the JFS 01666 until:

(1) All activities outlined in paragraph (B) of this rule have occurred.

(2) The social and medical histories and any releases of information have been obtained from the parents, guardian or persons having custody of the child in accordance with the requirements contained in rule 5101:2-48-03 of the Administrative Code.

(D) Except as provided in paragraph (F) of this rule, each PCSA or PCPA that executes a JFS 01666 shall seek approval of the permanent surrender by the juvenile court of the county in which the child has a residence or legal settlement. At the time the PCSA or PCPA files its request for approval of the permanent surrender with the court:

(1) The PCSA shall file a case plan prepared in accordance with rule 5101:2-38-05 of the Administrative Code and shall submit the JFS 01693.

(2) The PCPA shall file a case plan prepared in accordance with rules 5101:2-38-07 and 5101:2-38-06 of the Administrative Code and shall submit the JFS 01693.

(E) Except as provided in paragraph (F) of this rule, permanent custody of the child through execution of a JFS 01666, is not established until the juvenile court approves the permanent surrender.

(F) When a PCPA executes a JFS 01666 involving a child under six months of age where the agreement is executed solely for obtaining the adoption of the child and the parents(s) consent to the permanent surrender, approval by the juvenile court is not required. The PCPA shall notify the court no later than two business days after entering into the agreement that the JFS 01666 has been executed. At the time the PCPA notifies the court that an agreement has been executed, the JFS 01693 shall be submitted. The PCPA shall also notify the court no later than two business days after the child is physically placed for adoption.

(G) If a child has not been placed for adoption within six months after the JFS 01666 is executed without juvenile court approval for any child in the custody of a PCPA who was under the age of six months at the time a JFS 01666 was executed, the PCPA shall:

(1) Request the juvenile court with continuing jurisdiction hold a review hearing as outlined in section 2151.417 of the Revised Code.

(2) Submit a case plan prepared in accordance with rules 5101:2-38-07 and 5101:2-38-06 of the Administrative Code at the time of the review hearing.

(H) If a final decree of adoption or an interlocutory order of adoption is not issued or does not become final within seven months after the JFS 01666 has been approved by the juvenile court, the PCSA or PCPA shall request the juvenile court with continuing jurisdiction hold a review hearing as outlined in section 2151.417 of the Revised Code.

(I) The PCSA or PCPA shall follow placement requirements pursuant to rule 5101:2-48-16 of the Administrative Code.

(J) A PCSA or PCPA shall not attempt to collect support payments from a biological parent, or legal guardian, for the cost of care incurred while a child is in the PCSA's or PCPA's permanent custody.

(K) A PCSA or PCPA shall not secure or attempt to secure the permanent surrender of a child by the parent, guardian, or custodian through threats, intimidation, or offers of gain or reward.

(L) The PCSA or PCPA shall document in the child's case record:

(1) The date, time, place and circumstances under which the activities listed in paragraph (B) of this rule occurred.

(2) The date, time, place and circumstances under which the JFS 01666 was executed.

Effective: 05/10/2014
R.C. 119.032 review dates: 01/21/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.03 , 5103.15 , 5103.16 , 3107.083
Rule Amplifies: 3107.071 , 3107.083 , 5101.03 , 5103.15 , 5103.152 , 5103.153 , 5103.16
Prior Effective Dates: 12/30/66, 1/14/83, 6/1/85 (Emer.), 8/12/85, 1/1/89, 1/1/90, 5/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98, 8/18/03, 12/19/2008

5101:2-42-18 PCSA and PCPA approval of placements with relative and nonrelative substitute caregivers.

(A) A public children services agency (PCSA) or private child placing agency (PCPA) having custody of a child, or upon interstate request by a state with jurisdiction, may approve placement with the following substitute caregivers in accordance with rule 5101:2-42-05 of the Administrative Code if the placement is determined to be in the child's best interest and the substitute caregivers are not certified through the Ohio department of job and family services:

(1) A relative by blood or marriage who, in accordance with sections 5103.02 and 5103.03 of the Revised Code, is exempt from certification and who is being considered as a substitute caregiver; or

(2) A nonrelative who has a relationship with the child and/or family and who, in accordance with section 5153.161 of the Revised Code, is approved by the court.

(B) Prior to placing the child with the relative or nonrelative substitute caregiver, the PCSA or PCPA shall adhere to the following procedures and document its actions in approving the placement setting:

(1) Collect identifying information (first name, last name, maiden name, aliases, social security number, address, telephone number, place of employment) on the prospective caregiver and all household members.

(2) Assure that a search of the statewide automated child welfare information system (SACWIS) has been completed for the prospective caregiver and adult household members pursuant to rule 5101:2-33-22 of the Administrative Code.

(3) Assess the safety of the home by checking on all of the following:

(a) Cleanliness of the home.

(b) Absence of hazardous conditions inside and outside.

(c) Storing of poisonous and otherwise dangerous or combustible materials.

(d) Proper heating, lighting and ventilation.

(e) Condition of indoor plumbing and toilet facilities.

(f) Installation of a working smoke alarm on each level of occupancy of the home.

(g) Safe storing of weapons, including firearms and ammunitions, in inoperative condition and in a secured and locked area.

(h) Adequacy of each child's bedding and appropriateness to his or her needs.

(i) Availability of a working telephone within the home or reasonable access to a working telephone for emergency situations.

(4) Provide the prospective caregiver with known information regarding educational, medical, child care, and special needs of the child including information on how to access support services to meet the needs of the child.

(5) Provide the prospective caregiver with the following information:

(a) How to apply for Ohio works first (OWF) child-only financial assistance and medicaid coverage.

(b) How to apply for certification as a foster caregiver.

(c) The requirements for foster caregiver certification.

(d) The difference in payment between an OWF child-only payment and the foster care per diem.

(e) The difference (if any) in the eligibility for supportive services.

(6) Assess the prospective caregiver's ability and willingness to provide care and supervision of the child and to provide a safe and appropriate placement for the child.

(7) Require all adults in the home to identify prior PCSA or children services agency (CSA) involvement. When involvement with another PCSA or CSA is indicated or suspected, secure the necessary releases of information and initiate requests for information from the other PCSAs or CSAs.

(8) Submit fingerprints for the prospective relative or nonrelative caregiver and all adults residing within the home according to the requirements of the bureau of criminal identification and investigation (BCII). Information on how to obtain a criminal records check can be found at www.webcheck4.ag.state.oh.us. The agency shall request that BCII include information from the federal bureau of investigation (FBI) in the criminal records check. The required criminal records check must be completed prior to an agency approving the prospective relative or nonrelative placement.

(9) Require the prospective caregiver to submit written notification if a person at least twelve years of age but less than eighteen years of age residing within the home of the prospective caregiver has been convicted of or plead guilty to any offenses described in section 5103.0319 of the Revised Code, or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation.

(C) If a child must be removed from his or her home immediately in accordance with rules 5101:2-39-01 and 5101:2-39-03 of the Administrative Code, the PCSA or PCPA may place the child with the prospective relative or nonrelative substitute caregiver, if there are no known safety concerns, and initiate the assessments required by paragraph (B) of this rule no later than the next business day. All activities required by paragraph (B) of this rule shall be completed no later than five days from the date the child was placed.

(D) The PCSA or PCPA shall complete either the JFS 01447 "Assessment of Relative or Nonrelative Substitute Caregiver" (rev. 2/2014) or an alternative form designed by the agency that includes all of the information on the JFS 01447.

(E) The PCSA or PCPA shall approve or deny the relative or nonrelative placement and provide him or her with written notification of the approval or denial no later than thirty days from the date that the assessment was initiated, or the child was placed, whichever comes first.

(F) The PCSA or PCPA shall not approve the placement if the relative or nonrelative or other adult residing within the home has a felony conviction for spousal abuse, rape, sexual assault, or homicide.

(G) The PCSA or PCPA may deny the placement if the relative or nonrelative had his or her parental rights involuntarily terminated.

(H) The PCSA or PCPA shall not approve the placement if the relative or nonrelative or other adults residing within the home have been convicted of or pleaded guilty to any offense listed in paragraph (I)(1) of this rule unless the agency finds and documents that person has met all of the following conditions:

(1) Except as provided in paragraph (H)(3) of this rule, where the offense was a misdemeanor, or would have been a misdemeanor if conviction had occurred under the current criminal code, at least three years have elapsed from the date the person was fully discharged from any imprisonment or probation arising from the conviction. A person who has had his record of misdemeanor conviction sealed by a court pursuant to section 2953.32 of the Revised Code shall be considered to have met this condition.

(2) Except as provided in paragraph (H)(3) of this rule, where the offense was a felony, at least ten years have elapsed since the person was fully discharged from imprisonment or probation.

(3) The victim of the offense was not one of the following:

(a) A person under the age of eighteen.

(b) A functionally impaired person as defined in section 2903.10 of the Revised Code.

(c) A mentally retarded person as defined in section 5123.01 of the Revised Code.

(d) A developmentally disabled person as defined in section 5123.01 of the Revised Code.

(e) A person with a mental illness as defined in section 5122.01 of the Revised Code.

(f) A person sixty years of age or older.

(4) The person's approval as a relative or nonrelative caregiver or the person's residency in the relative or nonrelative caregiver's household will not jeopardize in any way the health, safety or welfare of the children the agency serves. The following factors shall be considered in determining the person's approval as a relative or nonrelative caregiver or the person's residency in the relative or nonrelative caregiver's household.

(a) The person's age at the time of the offense.

(b) The nature and seriousness of the offense.

(c) The circumstances under which the offense was committed.

(d) The degree of participation of the person involved in the offense.

(e) The time elapsed since the person was fully discharged from imprisonment or probation.

(f) The likelihood that the circumstance leading to the offense will recur.

(g) Whether the person is a repeat offender.

(h) The person's employment record.

(i) The person's efforts at rehabilitation and the results of those efforts.

(j) Whether any criminal proceedings are pending against the person.

(k) Whether the person has been convicted of or pleaded guilty to a felony contained in the Revised Code that is not listed in paragraph (I) of this rule, if the felony bears a direct and substantial relationship to being a relative or nonrelative caregiver or adult member of the caregiver's household.

(l) Any other factors the agency considers relevant.

(I) Except as provided in paragraph (H) of this rule, a relative or nonrelative caregiver or other adult residing in the home shall not have been convicted of or pleaded guilty to, any of the following offenses:

(1) A violation of section 959.13 , 2903.01 , 2903.02 , 2903.03 , 2903.04 , 2903.11 , 2903.12 , 2903.13 , 2903.15 , 2903.16 , 2903.21 , 2903.211 , 2903.22 , 2903.34 , 2905.01 , 2905.02 , 2905.05 , 2907.02 , 2907.03 , 2907.04 , 2907.05 , 2907.06 , 2907.07 , 2907.08 , 2907.09 , 2907.21 , 2907.22 , 2907.23 , 2907.25 , 2907.31 , 2907.32 , 2907.321 (2907.32.1), 2907.322 (2907.32.2), 2907.323 (2907.32.3), 2909.02 , 2909.22 , 2909.23 , 2909.24 , 2909.03 , 2911.01 , 2911.02 , 2911.11 , 2911.12 , 2919.12 , 2913.49 , 2917.01 , 2917.02 , 2919.22 , 2919.24 , 2919.25 , 2923.12 , 2923.13 , 2923.161 (2923.16.1), 2925.02 , 2925.03 , 2925.04 , 2925.05 , 2925.06 , 2927.12 , or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more violations of section 4511.19 of the Revised Code or the equivalent violation from any other state committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code as listed in appendix A to this rule.

(2) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in paragraphs (I)(1) and (I)(2) of this rule.

(J) If the PCSA or PCPA disapproves of a court ordered placement of a child, it shall notify the court in writing of its findings and recommend a suitable substitute care placement. The PCSA or PCPA shall continue to notify the court in writing of its findings and recommended substitute care placement at least every six months.

(K) The PCSA or PCPA shall maintain documentation, in the case record, of all assessments and findings required by this rule that are used in approving or disapproving the placement.

(L) On an annual basis, the PCSA or PCPA shall complete a home assessment to assure that the placement continues to meet the requirements of this rule for approval of the placement.

(1) If there are any new adults in the home, the agency shall conduct background checks on the new adult(s) pursuant to paragraphs (B)(2) and (B)(8) of this rule.

(2) If the relative or nonrelative caregiver(s) have moved to a new address, the agency shall ensure that the home meets the requirements listed in paragraph (B)(3) of this rule.

(M) Nothing in this rule removes the PCSA's responsibility for conducting parent assessments when a child reunifies with the parent from which the child was removed or when a child is being placed with a non-custodial or non-residential parent in accordance with rules 5101:2-37-01 , 5101:2-37-02 , and 5101:2-37-04 of the Administrative Code.

Click to view Appendix

Effective: 05/04/2014
R.C. 119.032 review dates: 02/10/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 2151.86 , 5103.03 , 5153.16
Prior Effective Dates: 9/28/87 (Emer.), 12/27/87, 1/1/89, 11/3/03, 12/19/08, 6/15/09, 06/01/2011

5101:2-42-18.1 Non-discrimination requirements for foster care placements.

(A) A public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) shall not deny any person the opportunity to become a foster caregiver on the basis of race, color or national origin (RCNO) of that person, or of the child involved; nor shall the PCSA, PCPA, or PNA delay or deny the placement of a child into foster care on the basis of RCNO of the foster caregiver or of the child involved.

(B) The Multiethnic Placement Act of 1994 as amended by Section 1808 of the Small Business Job Protection Act of 1996, 42 U.S.C. 622(b) (7), 671(a)(18), 674(d) and 1996(b) (1/2/06) (MEPA) and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (1/2/06) , as they apply to the foster care process (Title VI), do not supercede the provisions of the Indian Child Welfare Act of 1978, 25 U.S.C.A. 1901 (1/2/06).

(C) A PCSA, PCPA, or PNA shall not routinely consider RCNO as a factor in assessing the needs or best interests of children. In each case, the only consideration shall be the child's individual needs and the ability of the prospective foster caregiver to meet those needs.

(D) Only the most compelling reasons may serve to justify the consideration of RCNO as part of a placement decision. Such reasons emerge only in the unique and individual circumstances of each child and each prospective foster caregiver. In those exceptional circumstances when RCNO need to be taken into account in a placement decision, such consideration shall be narrowly tailored to advance the child's best interests. Even when the facts of a particular case allow consideration related to RCNO, this consideration shall not be the sole determining factor in the placement decision.

(E) The following actions by a PCSA, PCPA, and PNA are permitted as it applies to the foster care placements.

(1) Asking about and honoring any initial or subsequent choices made by prospective foster caregivers regarding what RCNO of child the prospective foster caregivers will accept.

(2) Providing information and resources about fostering a child of another RCNO to prospective foster caregivers who request such information and making known to all families that such information and resources are available.

(3) Considering the request of a birth parent(s) to place the child with a relative or non-relative identified by name.

(4) Considering the RCNO of the child as a possible factor in the placement decision when compelling reasons serve to justify that the RCNO need to be a factor in the placement decision pursuant to paragraph (G) of this rule. Even when the facts of a particular case allow consideration related to the RCNO, this consideration shall not be the sole determining factor in the placement decision.

(5) Promoting cultural awareness, including awareness of cultural and physical needs that may arise in the care of children of different races, ethnicities and national origins as part of the training which is required of all applicants who seek to become foster caregivers.

(6) Documenting verbal comments, verbatim, or describing in detail any other indication made by a prospective foster caregiver or prospective foster caregiver family member living in the household or any other person living in the household reflecting a negative perspective regarding the RCNO for whom the prospective foster family have expressed an interest in fostering.

(a) The documentation shall indicate whether those comments were made before or after completion of the cultural diversity training that is required for all foster care applicants.

(b) The documentation shall be included in the family's homestudy, update, or an addendum to the homestudy or update prior to consideration of placement.

(F) The following actions by a PCSA, PCPA, and PNA are prohibited as it applies to the foster care process:

(1) Using the RCNO of a prospective foster caregiver to differentiate between foster care placements for a child, unless the procedures in paragraphs (G) to (K) of this rule are followed.

(2) Honoring the request of a birth parent(s) to place a child with a foster parent(s) of a specific RCNO unless the birth parent(s) identifies a relative or non-relative by name and that person is found to meet all relevant state child protection standards and the agency determines that the placement is in the best interests of the child.

(3) Requiring a prospective foster family to prepare or accept a transracial foster care plan.

(4) Using culture or ethnicity as a proxy for RCNO.

(5) Delaying or denying placement of a child based upon the following:

(a) The geographical location of the neighborhood of the prospective foster caregiver if geography is being used as a proxy for the racial or ethnic composition of the neighborhood.

(b) The demographics of the neighborhood.

(c) The presence or lack of presence of a significant number of people of a particular RCNO in the neighborhood.

(6) Requiring extra scrutiny, additional training, or greater cultural awareness of individuals who are prospective foster caregivers of children of a different RCNO than is required of other prospective foster caregivers.

(7) Relying upon general or stereotypical assumptions about the needs of children of a particular RCNO.

(8) Relying upon general or stereotypical assumptions about the ability of prospective foster caregivers of a particular RCNO to care for or nurture the sense of identity of a child of another RCNO.

(9) Steering prospective foster caregivers away from parenting a child of another RCNO. "Steering" is any activity that attempts to discourage prospective foster caregivers from parenting a child of a particular RCNO.

(G) If a medical or psychological evaluation, school record, or other material documented in the file, including statements made by the child to a caseworker, indicate that there may be compelling reasons to consider needs the child may have regarding RCNO in the placement process, the agency shall determine if the child should be referred for an assessment of whether the child has individual needs involving RCNO.

(H) One of the following licensed professionals shall conduct the assessment regarding RCNO:

(1) A licensed child psychiatrist.

(2) A licensed child psychologist.

(3) A licensed independent social worker.

(4) A licensed professional clinical counselor.

(I) The licensed professional conducting the assessment shall not be employed by the PCSA or PCPA making the referral.

(J) At the time of the referral, the PCSA or PCPA shall initiate and subsequently complete the JFS 01688 "Individualized Child Assessment" (rev. 5/2007) using the following procedures:

(1) The caseworker shall complete section I of the JFS 01688 and submit the JFS 01688 and all relevant medical or psychological evaluations, school records, or other material documented in the file to the caseworker's supervisor and the PCSA or PCPA MEPA monitor.

(2) If both the supervisor and the MEPA monitor determine that the documented material contained in the case file indicates there may be compelling reasons to consider the needs the child may have regarding RCNO in the placement process, the child shall be referred within ten days of the signature of the caseworker for an individual child assessment as indicated in paragraph (G) of this rule. At the time of the referral, the agency shall forward to the licensed professional the following documents:

(a) The original JFS 01688.

(b) All relevant medical or psychological evaluations, and school records.

(c) All other relevant material documented in the child's case file.

(3) The PCSA or PCPA shall request in writing that the licensed professional complete and sign section II of the original JFS 01688 and return it within sixty days to the PCSA or PCPA with a copy of the requested assessment attached.

(4) The licensed professional shall determine whether the child has needs involving RCNO and any other needs of a psychological or behavior nature and, if so to specify what those needs are and how those needs may impact a potential substitute care placement.

(5) The licensed professional shall not complete an assessment pursuant to paragraph (G) of this rule until the PCSA or PCPA has provided the licensed professional with copies of this rule and each of the following:

(a) JFS 01607 "MEPA Educational Materials" (rev. 1/2009).

(b) The JFS 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements" (rev. 1/2009).

(c) Rule 5101:2-48-13 of the Administrative Code.

(d) Rule 5101:2-48-16 of the Administrative Code.

(6) The licensed professional shall sign the JFS 01608 "Licensed Professional Statement" (rev. 1/2009) acknowledging receipt of the materials required in paragraph (J)(5) of this rule. A copy of the signed JFS 01608 shall be submitted to the PCSA or PCPA.

(7) The PCSA or PCPA shall keep the JFS 01608 and attach a copy to each JFS 01688 the licensed professional completes. The PCSA or PCPA shall submit a copy of the JFS 01608 and JFS 01688, if applicable to the Ohio department of job and family services (ODJFS) ten days after receiving it.

(8) Each completed JFS 01688 shall remain in effect for twelve months from the date of the final decision as documented on the JFS 01688.

(a) If it has been determined that RCNO should be a factor considered in the child's placement, an updated JFS 01688 and assessment shall be completed prior to the twelve month expiration date.

(b) If it has been determined that RCNO should not be a factor considered in the child's placement, an updated JFS 01688 and assessment is not required prior to the twelve month expiration date. In such instance, the PCSA or PCPA may update the JFS 01688 and assessment as deemed necessary.

(9) The JFS 01688 shall be considered as part of the placement decision making process.

(K) The PCSA or PCPA shall maintain in the child's case file the completed original JFS 01688 and all medical or psychological evaluations, school records, or other material in the file.

(L) A PCSA, PCPA, or PNA shall not intimidate, threaten, coerce, or in any way discriminate or retaliate against any person who has filed an oral or written complaint, testified, assisted, or participated in any manner in the investigation of an alleged violation of MEPA and Title VI. This includes:

(1) Any prospective or certified foster family.

(2) Any employee of a PCSA, PCPA, or PNA.

(3) Any employee of any other agency with responsibilities regarding the care or placement of a child in the temporary custody or permanent custody of the PCSA, PCPA or PNA such as a guardian ad litem (GAL) or court appointed special advocate (CASA) volunteer.

(M) Prohibited retaliatory conduct includes, at a minimum:

(1) A reduction in the amount of foster care payments which a family should receive based on the child's needs.

(2) Unwarranted poor evaluations of an employee by his or her supervisor.

Effective: 05/10/2014
R.C. 119.032 review dates: 01/21/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03
Rule Amplifies: 2151.412 , 5153.16
Prior Effective Dates: 9/1/00, 5/1/02, 2/1/05, 5/15/09, 3/1/2010

5101:2-42-19 Requirements for the provision of independent living services to youth in custody.

(A) Independent living services shall be provided to each youth in the custody of a public children services agency (PCSA) or private child placing agency (PCPA) who has attained the age of sixteen to prepare them for the transition from agency custody to self-sufficiency. Independent living services may be provided to a youth under age sixteen when the custodial agency deems services to be appropriate. When determining the appropriateness of independent living services for youth under sixteen years of age, the custodial agency shall consider the likelihood the youth will remain in agency custody until the youth's eighteenth birthday.

(B) If a PCSA is providing independent living services to an eligible unmarried minor female who is pregnant or has a child and is part of an "Ohio Works First" (OWF) assistance group, the PCSA shall inform the local county department of job and family services (CDJFS) of the PCSA's involvement with the family in order to ensure coordination of services.

(C) The PCSA or PCPA shall conduct a life skills assessment on each youth in agency custody, who has reached age sixteen. The assessment shall be completed no later than sixty days after the youth's sixteenth birthday or sixty days after the youth enters agency custody, whichever is first. A life skills assessment shall establish the need for independent living services identified in paragraph (D) of this rule. The life skills assessment shall be completed with documented input from the youth, the youth's caregiver, and the youth's case manager. Youth under age sixteen, if deemed appropriate by the agency, shall be assessed for independent living services.

(D) Independent living services, based on the assessment required by paragraph (C) of this rule shall include, but not be limited to:

(1) Academic support including:

(a) Academic counseling.

(b) Preparation for a GED.

(c) Assistance in applying for or studying for a GED exam.

(d) Tutoring.

(e) Help with homework.

(f) Study skills training.

(g) Literacy training.

(h) Help accessing educational resources.

(2) Post secondary educational support including:

(a) Classes for test preparation.

(b) Counseling about college.

(c) Information about financial aid and scholarships.

(d) Help completing college or loan applications.

(e) Tutoring while in college.

(3) Career preparation including:

(a) Vocational and career assessment, career exploration and planning, guidance in setting and assessing vocational and career interests and skills and help in matching interests and abilities with vocational goals.

(b) Job seeking and job placement support, identifying potential employers, writing resumes, completing job applications, developing interview skills, job shadowing, receiving job referrals, using career resource libraries, understanding employee benefits coverage, and securing work permits.

(c) Retention support and job coaching.

(d) Learning how to work with employers and other employees.

(e) Understanding workplace values such as timeliness and appearance.

(f) Understanding authority and customer relationships.

(4) Employment programs or vocational training including:

(a) Participation in an apprenticeship, internship, or summer employment program.

(b) Participation in vocational or trade programs and the receipt of training in occupational classes for such skills as cosmetology, auto mechanics, building trades, nursing, computer science, and other current or emerging employment sectors.

(5) Budget and financial management including:

(a) Living within a budget.

(b) Opening and using a checking or savings account.

(c) Balancing a checkbook.

(d) Developing consumer awareness and smart shopping skills.

(e) Accessing information about credit, loans and taxes.

(f) Filling out tax forms.

(6) Housing, education and home management training including:

(a) Assistance or training in locating and maintaining housing, filling out a rental application and acquiring a lease, handling security deposits and utilities, understanding practice for keeping a healthy and safe home, understanding tenants rights and responsibilities, and handling landlord complaints.

(b) Instruction in food preparation, laundry, housekeeping, living cooperatively, meal planning, grocery shopping and basic maintenance and repairs.

(7) Health education and risk prevention including:

(a) Hygiene, nutrition, fitness and exercise, and first aid information.

(b) Medical and dental care benefits, health care resources and insurance, prenatal care and maintaining personal medical records.

(c) Sex education, abstinence education, and HIV prevention, education and information about sexual development and sexuality, pregnancy prevention and family planning and sexually transmitted diseases and AIDS; substance abuse prevention and intervention, including education and information about the effects and consequences of substance use (alcohol, drugs, tobacco) and substance avoidance and intervention.

(8) Family support and healthy marriage education including education and information about safe and stable families, healthy marriages, spousal communication, parenting, responsible fatherhood, childcare skills, teen parenting and domestic and family violence prevention.

(9) Mentoring including being matched with a screened and trained adult for a one-on-one relationship that involves the two meeting on a regular basis. Mentoring can be short-term, but may also support the development of a long-term relationship.

(10) Supervised independent living including a youth who is living independently under a supervised arrangement paid for or provided by the county agency.

(11) Room and board financial assistance for rent deposits, utilities, and other household start-up expenses. The PCPSA or PCPA shall not use the Chafee allocation or TANF funds for room and board pursuant to rule 5101:9-6-35 of the Administrative Code for:

(a) Youth under the age of eighteen.

(b) Young adults that have reached their twenty first birthday.

(E) The PCSA or PCPA shall develop a written independent living plan within thirty days of the completion of the assessment required by paragraph (C) of this rule, to help the youth achieve self-sufficiency. The plan shall be based upon the assessment and include input from the youth, the youth's case manager, the caregiver, and significant others in the youth's life. The independent living plan shall document the strengths, limitations, and resources of the youth and outline the services to be provided. The independent living plan shall be reviewed at least every ninety days thereafter until the agency's custody is terminated. A copy of the plan and any subsequent updates shall be provided to the youth and caregiver within thirty days of the development of the plan or the update as applicable.

(F) The PCSA or PCPA shall provide independent living services training opportunities to caregivers caring for adolescents.

(G) The PCSA or PCPA shall include in the independent living plan the contact information containing the names, addresses and phone numbers of significant others, such as former foster parents, friends, mentors, child's attorney, GAL/CASA and extended family members as provided by the young adult.

(H) The PCSA or PCPA shall ensure each child in agency custody who has attained the age of sixteen or older until emancipation, annually receives all copies of their consumer credit report pursuant to rule 5101:2-38-10 of the Administrative Code.

(I) A PCSA shall ensure the following information is entered into SACWIS and a PCPA shall ensure that the information is documented in the case record by the youth's seventeenth birthday:

(1) All services provided to youth as indicated in paragraph (D) of this rule.

(2) Youth characteristics including:

(a) Education levels.

(b) Tribal membership.

(c) Delinquency adjudication.

(d) Special education.

(3) Basic demographics of the youth including:

(a) Sex.

(b) Race.

(J) The PCSA shall enter in SACWIS and the PCPA shall document in the case record the date the independent living assessment and the independent living plan were completed. All review dates of the independent living plan shall be entered in SACWIS, in accordance with rule 5101:2-33-70 of the Administrative Code. The PCPA shall document all review dates in the case record.

(K) At least ninety days prior to the youth's emancipation from the agency's custody, the PCSA or PCPA shall work with the youth to develop a final transition plan. The plan shall be youth-driven and as detailed as the youth chooses. The plan shall include information regarding:

(1) The youth's option to receive post emancipation services identified in rule 5101:2-42-19.2 of the Administrative Code, provided or arranged by the PCSA or PCPA from which the youth emancipated.

(2) Health care including:

(a) Health insurance.

(b) Health care power of attorney.

(c) Youth's option to execute power of attorney.

(3) Employment services.

(4) Secondary and post secondary education and training.

(5) Obtaining and paying for housing.

(6) Budgeting for necessary living expenses.

(7) Obtaining a credit report.

(8) Registering for selective service.

(9) Information on obtaining a drivers license.

(10) Information on any existing court fees associated with the youth's name prior to emancipation.

(11) Information on any existing benefits the youth receives, such as but not limited to social security benefits. If necessary, the PCSA or PCPA shall review with the youth instructions on how to apply for continuation of those benefits.

(L) Prior to the youth's emancipation from the agency's custody, the PCSA or PCPA shall coordinate with the following agencies, to obtain necessary documents:

(1) The department of health, office of vital statistics, to ensure the youth obtains an original birth certificate.

(2) The social security administration, to ensure the youth obtains an original social security card.

(3) The bureau of motor vehicles, to ensure the youth obtains a current state identification card and information on obtaining a drivers license.

(M) The PCSA or PCPA shall provide a copy of the transition plan to the youth along with the following:

(1) A copy of the youth's health and education records.

(2) A letter verifying that the youth emancipated from agency custody.

(N) The PCSA shall document in SACWIS the date the agency provided the information in paragraphs (E) and (J) to (M) of this rule. The PCPA shall document the information in the case record.

Effective: 05/10/2014
R.C. 119.032 review dates: 01/21/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 5101.141 , 5103.03 , 5153.166
Prior Effective Dates: 10/1/89, 1/1/91, 10/1/97, 11/12/02, 10/09/06, 10/01/09, 12/15/2010

5101:2-42-19.1 Requirements for independent living arrangements for independent living youth in custody.

(A) The public children services agency (PCSA) or private child placing agency (PCPA) shall place a youth in its custody in an independent living arrangement, when appropriate. The PCPA making such arrangements shall be certified by the Ohio department of job and family services (ODJFS) pursuant to rule 5101:2-5-03 of the Administrative Code.

(B) The PCSA or PCPA shall assure that a youth's independent living arrangement meets the following standards:

(1) All associated structures are maintained in a safe state of repair and inspected annually by a certified fire inspector or the state fire marshall.

(2) The dwelling is safely and adequately heated, lighted and ventilated. Unvented kerosene heaters shall not be used, unless the heater has been approved by "Underwriter's Laboratory (www.ul.com)."

(3) Firearms or other projectile weapons and ammunition are not on the premises.

(4) An operating telephone.is accessible.

(5) The bathroom and toilet facilities are located within the building, connected to an indoor plumbing system and are operable.

(6) Garbage is disposed of on a regular basis and outside garbage is stored in covered containers or closed bags.

(7) Operable smoke alarms approved by "Underwriter's Laboratory" are on each level of occupancy.

(8) A portable chemical fire extinguisher is maintained in the cooking area and is operable.

(9) A written emergency procedure is in place that assures the youth will have twenty-four hour access to staff familiar with his or her situation.

(10) No more than five youth reside in the home. Each youth shall be provided with a bed of his or her own with no more than two youth to a bedroom.

(C) The PCSA or PCPA shall follow procedures outlined in rule 5101:2-42-65 of the Administrative Code for visitation.

(D) Nothing in this rule shall preclude an agency from using additional site, safety, and supervision requirements for independent living arrangements.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.141, 5103.03
Rule Amplifies: 5101.141, 5103.03, 5153.166
Prior Effective Dates: 10/1/89, 1/1/91, 10/1/97, 11/12/02, 10/9/06, 11/09/2009

5101:2-42-19.2 Requirements for provision of independent living services to young adults who have emancipated.

(A) Each public children services agency (PCSA) shall, when requested, provide services and support to former foster care recipients, who emancipated from agency custody due to attaining eighteen years of age. A PCSA shall evaluate the strengths and needs of the young adult to determine the services to be offered. The services and supports are to complement the young adult's own efforts to achieve self- sufficiency, and shall be available until the young adult's twenty-first birthday.

(B) Based on the evaluation required by paragraph (A) of this rule, the PCSA and the young adult shall develop a mutually agreed on written plan for the provision of services. The plan shall clearly outline the responsibilities of the young adult and the PCSA. The written plan shall be signed by the young adult and a representative of the agency.

(C) The PCSA shall include or update contact information in the written plan on any of the youth's connections with significant others, such as former foster parents, friends, mentors and extended family members. The contact information shall include names, addresses and phone numbers, whenever known and shall be documented in the state automated child welfare information system (SACWIS).

(D) Before a PCSA provides services to a young adult between the ages of eighteen and twenty-one, the PCSA shall explore and coordinate services with other community resources.

(E) The PCSA shall make available the following independent living services to young adults aged eighteen to twenty-one including, but not limited to:

(1) Academic support including:

(a) Academic counseling.

(b) Preparation for a GED.

(c) Assistance in applying for or studying for a GED exam.

(d) Tutoring.

(e) Help with homework.

(f) Study skills training.

(g) Literacy training.

(h) Help accessing educational resources.

(2) Post secondary educational support including:

(a) Classes for test preparation.

(b) Counseling about college.

(c) Information about financial aid and scholarships.

(d) Help completing college or loan applications.

(e) Tutoring while in college.

(3) Career preparation including:

(a) Vocational and career assessment, career exploration and planning, guidance in setting and assessing vocational and career interests and skills and help in matching interests and abilities with vocational goals.

(b) Job seeking and job placement support, identifying potential employers, writing resumes, completing job applications, developing interview skills, job shadowing, receiving job referrals, using career resource libraries, understanding employee benefits coverage, and securing work permits.

(c) Retention support and job coaching.

(d) Learning how to work with employers and other employees.

(e) Understanding workplace values such as timeliness and appearance.

(f) Understanding authority and customer relationships.

(4) Employment programs or vocational training including:

(a) Youths' participation in an apprenticeship, internship, or summer employment program.

(b) Youths' participation in vocational or trade programs and the receipt of training in occupational classes for such skills as cosmetology, auto mechanics, building trades, nursing, computer science, and other current or emerging employment sectors.

(5) Budget and financial management including:

(a) Living within a budget.

(b) Opening and using a checking/ savings account.

(c) Balancing a checkbook.

(d) Developing consumer awareness and smart shopping skills.

(e) Accessing information about credit, loans and taxes.

(f) Filling out tax forms.

(6) Housing, education and home management including:

(a) Assistance or training in locating and maintaining housing, filling out a rental application and acquiring a lease, handling security deposits and utilities, understanding practice for keeping a healthy and safe home, understanding tenants rights and responsibilities, and handling landlord complaints.

(b) Instruction in food preparation, laundry, housekeeping, living cooperatively, meal planning, grocery shopping and basic maintenance and repairs.

(7) Health education and risk prevention including:

(a) Hygiene, nutrition, fitness and exercise, and first aid information.

(b) Medical and dental care benefits, health care resources and insurance, prenatal care and maintaining personal medical records.

(c) Sex education, abstinence education, and HIV prevention, education and information about sexual development and sexuality, pregnancy prevention and family planning and sexually transmitted diseases and AIDS, substance abuse prevention and intervention, including education and information about the effects and consequences of substance use (alcohol, drugs, tobacco) and substance avoidance and intervention.

(8) Mentoring including matched with a screened and trained adult for a one-on-one relationship involving the two meeting on a regular basis. Mentoring can be short-term, but may also support the development of a long-term relationship:

(9) Supervised independent living including a youth living independently under a supervised arrangement that is paid for or provided by the county agency. A youth in supervised independent living is not supervised twenty-four hours a day by an adult and often is provided with increased responsibilities, such as paying bills, assuming leases, and working with a landlord, while under the supervision of an adult.

(10) Room and board financial assistance including room and board financial assistance that is a payment paid for or provided by the county agency for room and board, rent deposits, utilities, and other household start-up expenses.

(11) Education financial assistance including educational financial assistance that is a payment paid for or provided by the county agency for education or training, allowances to purchase textbooks, uniforms, computers, and other educational supplies; tuition assistance; scholarships; payment for educational preparation and support services, and payment for GED and other educational tests. The financial assistance also includes vouchers for tuition or vocational education or tuition waiver programs paid for or provided by the county agency.

(12) Other financial assistance including financial assistance for any other payments made or provided by the county agency to help the youth live independently.

(F) The PCSA may use up to thirty per cent of its federal independent living allocation for room and board for eighteen to twenty-one year old emancipated young adults. Room and board may include but is not limited to:

(1) Assistance with rent.

(2) Initial rent deposit.

(3) Utilities.

(4) Utility deposits.

(G) Under no circumstances shall the PCSA use any of its independent living allocation for room and board for youth under the age of eighteen or past the young adult's twenty-first birthday.

(H) PCSAs shall report applicable independent living services information for young adults as described in this rule, and any other information deemed necessary by the director of ODJFS, as required in rule 5101:2-33-70 of the Administrative Code, according to the statewide automated child welfare information system (SACWIS) reporting requirements.

(I) The PCSA shall provide a copy of the agency's grievance policy as required by rule 5101:2-33-20 of the Administrative Code to each young adult requesting independent living services from the agency.

(J) The PCSA shall ensure that youth who have reached age nineteen or twenty-one are participating in state and federal studies in accordance with the Ohio department of job and family services (ODJFS). The PCSA shall inform the youth:

(1) How to access the survey.

(2) The benefits of participating in the survey include:

(a) Increase youth financial self-sufficiency.

(b) Improve youth educational, academic or vocational attainment.

(c) Increase youth connections with adults.

(d) Reduce homelessness among youth.

(e) Reduce high-risk behavior among youth.

(f) Improve youth access to health insurance.

(3) They may be eligible for an incentive once they complete the survey.

Effective: 05/10/2014
R.C. 119.032 review dates: 01/21/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03
Rule Amplifies: 5101.141 , 5103.03 , 5153.166
Prior Effective Dates: 11/12/02, 10/09/06, 10/01/2009

5101:2-42-20 General requirements applicable to interstate placements of children into or from Ohio. [Rescinded].

Rescinded eff 10-20-06

5101:2-42-21 Agency and court interstate placement requirements. [Rescinded].

Rescinded eff 10-21-06

5101:2-42-22 Independent interstate placement requirements. [Rescinded].

Rescinded eff 10-20-06

5101:2-42-23 Requirements applicable to placements of foreign-born children into Ohio for the purpose of adoption. [Rescinded].

Rescinded eff 10-20-06

5101:2-42-43 Requirements of semiannual administrative review. [Rescinded].

Rescinded eff 10-1-09

5101:2-42-48 Agency administrative responsibilities for children affected by the Indian Child Welfare Act. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-49 Definitions related to the Indian Child Welfare Act. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-52 Verification of tribal membership. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-53 Involuntary custody requirements. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-54 Permanent surrender or parental consent to adoptive placement of Indian children. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-55 Acceptance of agreement for temporary custody of Indian child. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-56 Placement preference related to Indian children. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-57 Emergency removal and placement of the Indian child. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-58 Recordkeeping and reporting requirements regarding Indian children. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-60 Placement services for infants of incarcerated mothers.

(A) Public children services agencies (PCSA) are responsible for establishing policies and procedures for service coordination with correctional facilities and hospitals on behalf of infants born to women who are incarcerated.

(B) Upon notification by the correctional facility that postnatal services will be needed, the PCSA in the county in which the woman was a resident at the time of incarceration, or if not an Ohio resident, the PCSA in the county in which the woman was charged or sentenced shall:

(1) Conduct a home assessment of the proposed relative or non-relative caregiver recommended by the incarcerated woman, in accordance with rule 5101:2-42-18 of the Administrative Code, and provide a copy of the findings and recommendation to the correctional facility.

(2) Coordinate with Ohio's interstate compact on the placement of children (ICPC) office in accordance with rules 5101:2-52-02 to 5101:2-52-08 of the Administrative Code to request a home assessment, when the proposed relative or non-relative caregiver lives out-of-state.

(3) Obtain temporary custody of the infant by execution of the JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) in accordance with rule 5101:2-42-06 or 5101:2-42-08 of the Administrative Code, if the incarcerated woman has not recommended a caregiver, or if the home assessment does not recommend the caregiver.

(4) Assist the incarcerated mother, if the mother wants a private child placing agency (PCPA) to participate in the planning for her infant by:

(a) Contacting the Ohio department of job and family services (ODJFS) to verify licensure giving the agency authority to place children.

(b) Advising the incarcerated woman that any out-of-state placements through a PCPA will need to be coordinated with the Ohio ICPC office in accordance with rules 5101:2-52-02 to 5101:2-52-08 of the Administrative Code.

(c) Contacting the PCPA to assure that a plan has been completed.

(C) When the PCSA of jurisdiction is not located in the county in which the infant is hospitalized, and due to circumstances beyond the PCSA's control, the PCSA is unable to obtain custody and care of an infant requiring immediate placement, the PCSA in the county in which the infant is hospitalized shall:

(1) Obtain temporary custody of the infant by execution of the JFS 01645 in accordance with rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code.

(2) Secure the infant's release from the hospital and place the infant in an appropriate substitute care setting.

(3) Advise the PCSA of jurisdiction, as identified in paragraph (B) of this rule, of the action taken and the child's ongoing need for care.

(D) Upon notification, the PCSA of jurisdiction shall arrange for care and custody of the child.

(E) The PCSA which holds custody of the infant is responsible for costs of medical care and services to the infant, commencing at the time of the infant's birth if other financial resources are insufficient or do not exist. If a local PCSA obtained temporary custody of the infant in accordance with paragraph (C) of this rule, the PCSA of jurisdiction shall reimburse the local PCSA for all its actual costs.

(F) The PCSA of jurisdiction and the local PCSA shall act in a timely manner in coordinating the transfer of custody and reimbursement costs.

Effective: 05/10/2014
R.C. 119.032 review dates: 02/20/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.16
Rule Amplifies: 5153.16
Prior Effective Dates: 10/1/85 (Emer.), 12/23/85 (Emer.), 1/2/86, 2/1/03, 4/20/08

5101:2-42-61 Urgent placement services to infants of incarcerated mothers. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-64 Preplacement services.

(A) Each PCSA or PCPA shall provide or arrange preplacement services to the child and his or her parent, guardian, or custodian when substitute care placement of the child is to occur. Preplacement services shall include, but not be limited to:

(1) Counseling the child and his or her parent, guardian, or custodian regarding feelings of separation.

(2) Establishing communication between the PCSA or PCPA, the child, and his or her parent, guardian, or custodian.

(3) Arranging at least one preplacement visit with the caregiver.

(B) When placement of a child occurs on an emergency basis as set forth in rules 5101:2-39-01 and 5101:2-39-03 of the Administrative Code, preplacement services listed in this rule may not be possible. The requirements of paragraph (A) of this rule may not apply to:

(1) Children who are less than one year of age.

(2) Children who are familiar with the caregiver, unless the PCSA determines that preplacement visits are in the child's best interest.

(3) Placements involving children's residential centers or specialized placement facilities, when such visits conflict with the facility's or center's preplacement visitation policy.

(4) Placements in accordance with the interstate compact on placement of children (ICPC) pursuant to rules 5101:2-52-04 and 5101:2-52-06 of the Administrative Code.

(C) Documentation or other notes regarding the provision of preplacement services shall b maintained in the child's case record.

Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5101.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.166
Prior Effective Dates: 9/28/87, 1/1/89, 2/1/03, 10/20/06

5101:2-42-65 Caseworker visits and contacts with children in substitute care.

(A) The public children services agency (PCSA) or private child placing agency (PCPA) that holds custody of a child shall comply with the provisions set forth in this rule regarding caseworker visits and contacts with the child and the substitute caregivers to ensure the child's safety and well-being, and to assess whether the placement and services continue to meet the child's needs in accordance with the case plan.

(B)

(1) The PCSA or PCPA may delegate another caseworker or supervisor employed or contracted by the PCSA or PCPA to conduct one or more of the required visits on behalf of the assigned caseworker.

(2) The PCSA or PCPA, as part of a managed care agreement pursuant to rule 5101:2-1-01 of the Administrative Code, may contract with another agency to have the managed care caseworker assume responsibility for the child's case and caseworker visits required by this rule.

(C) The minimum frequency of visits shall be as follows, with individual time for the child as appropriate to his or her ability to communicate:

(1) For a child placed in a relative or non-relative home approved pursuant to rule 5101:2-42-18 of the Administrative Code or a foster home or group home certified pursuant to rule 5101:2-5-03 of the Administrative Code:

(a) One face-to-face visit with the child and substitute caregiver within the substitute care setting during the first week of placement, not including the first day of placement.

(b) One face-to-face visit with the child and the substitute caregiver within the substitute care setting during the first four weeks of placement, not including the visit during the first week of placement.

(c) Monthly face-to-face visits with the child and substitute caregiver within the substitute care setting, which may include visits referenced in paragraphs (C)(1)(a) and (C)(1)(b) of this rule, provided that at least one of the visits occurs within each month.

(d) In a foster home which has two foster caregivers on the certificate, assure that each caregiver receives at least one of the face-to-face visits referenced in paragraphs (C)(1)(a) to (C)(1)(c) of this rule in each two-month period. If a caregiver is out of the home for the entire two month period (e.g. military leave or extended hospital stay) the caregiver is exempt from the visits for that time period.

(2) For a child placed in a treatment or medically fragile foster home certified in Ohio in which the foster caregiver is providing care for a child for whom a special, exceptional, or intensive needs difficulty of care payment is made pursuant to rule 5101:2-47-18 of the Administrative Code:

(a) One face-to-face visit with the child and substitute caregiver within the substitute care setting during the first week of placement, not including the first day of placement.

(b) One contact each week with the caregiver to monitor the child's progress.

(c) One face-to-face visit with the substitute caregiver and child every two weeks within the treatment or medically fragile foster home, with each substitute caregiver receiving one face-to-face visit in a two month period when there are two licensed substitute caregivers for the home.

(3) For a child placed in a children's residential center (CRC) certified in Ohio:

(a) One contact with the CRC within ten days of placement.

(b) Monthly face-to-face visits with the child, within the CRC.

(c) The caseworker within the CRC, performing casework duties, shall not conduct visits on behalf of the PCSA or PCPA.

(4) For a child who is sixteen years of age or older and placed in an independent living arrangement certified in Ohio in which he or she is fully responsible for his or her individual living environment:

(a) One face-to-face visit with the child within the living environment within seven days of placement.

(b) Monthly face-to-face visits with the child, within the living environment, which may include the visit referenced in paragraph (C)(4)(a) of this rule.

(D) Contacts and visits for children in the custody of a PCSA or PCPA shall be documented in the child's case record as outlined in rule 5101:2-33-22 of the Administrative Code and address the following:

(1) The child's safety and well-being within the substitute care setting. In assessing the child's safety and well-being, the caseworker shall consider the following through observation and information obtained during the contact or visit:

(a) The child's current behavior, emotional functioning and current social functioning within the substitute care setting, and any other settings/activities in which he or she is involved.

(b) The child's current vulnerability.

(c) The protective capacities of the child's caregiver(s).

(d) Any new information regarding the child, the substitute care setting, and impact on the substitute caregiver's willingness or ability to care for the child including but not limited to:

(i) Changes in the marital status.

(ii) Significant changes in the health status of a household member.

(iii) Placement of additional children.

(iv) Birth of a child.

(v) Death of a child or household member.

(vi) A criminal charge, conviction or arrest of any household member.

(vii) Addition or removal of temporary or permanent household members.

(viii) Family's relocation.

(ix) Child's daily activities.

(x) A change in the caregiver's employment or other financial hardships.

(e) Any supportive services needs for the child or caregiver to assure the child's safety and well-being.

(2) The child's progress toward any goals in the case plan as applicable from information obtained from the child and caregiver.

(3) Permanency planning in accordance with the child's case plan.

(E) For a child who is placed through the "Interstate Compact for the Placement of Children" into a substitute care setting outside of Ohio:

(1) Request the out-of-state children services agency (CSA) to provide needed supervision and services to the child as identified in the child's case plan and to submit written supervisory reports on a monthly basis.

(2) Contact the substitute care placement setting within ten days of the child's placement and at least every other month thereafter.

(3) Conduct monthly face-to-face visits with the child within the substitute care setting. The PCSA or PCPA may request the supervising CSA in the other state to conduct these visits.

Effective: 06/22/2009
R.C. 119.032 review dates: 03/13/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 9/28/87, 1/1/91, 9/1/93, 10/1/97, 10/9/06, 2/17/08.

5101:2-42-65.1 Exit interviews when a child in custody leaves an out of home placement.

(A) The public children services agency (PCSA) or private child placing agency (PCPA) that holds custody of a child shall conduct a face to face exit interview with every child age five and older, as developmentally appropriate, within seven days after the child's exit from each foster care placement.

(1) The interview shall be completed by an individual allowed to make caseworker visits in accordance with rule 5101:2-42-65 of the Administrative Code.

(2) The information gathered during the interview shall be dependent on the age and developmental level of the child. The interviewer's observations and any information to explain the child's responses shall be recorded on the JFS 01678 "Foster Care Exit Interview" (01/2013).

(3) If the child alleges abuse, neglect or any maltreatment during the exit interview, the interviewer shall make a report in accordance with section 2151.421 of the Revised Code.

(B) The completed interview form and any other required documentation shall be placed:

(1) In the child's case record.

(2) In the caregiver's record. If the caregiver is not certified by the custodial agency, the custodial agency shall send a copy of the interview form to the recommending agency of the caregiver within seven days of the completed interview.

(C) Upon receipt of the form, the recommending agency shall discuss any concerns with the foster parent. If deemed necessary by the recommending agency, an action plan shall be developed within thirty days of the date the agency was notified of the concern. The plan may include but is not limited to providing more intense supervision, support, or training for the caregiver. If the concern warrants a rule violation investigation, then rule 5101:2-5-28 of the Administrative Code shall apply and may result in more formal enforcement, up to and including revocation of the foster home certificate.

(D) The PCSA or PCPA is not required to complete the exit interview when children in their custody are moved from residential care facilities or non-licensed providers. The PCSA or PCSA may choose to do so, depending on the situation that necessitated the move.

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03 , 5153.16
Rule Amplifies: 2151.412 , 2151.421 , 5103.03 , 5153.16

5101:2-42-66 Administrative procedures for comprehensive health care for children in placement.

(A) The early and periodic screening, diagnosis, and treatment (EPSDT) program is a federally mandated program of comprehensive preventive health services available to medicaid-eligible individuals from birth through age twenty years. In Ohio, the program is called healthchek and is administered by the county department of job and family services (CDJFS). A healthchek screening examination or its equivalent constitutes comprehensive health care for all children in placement.

(B) The public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) shall develop written interagency procedures to implement comprehensive health care for children in placement between the CDJFS and custody holding agency, if applicable. Interagency procedures shall include a tracking system to inform the other party of healthchek activity and training to implement comprehensive health care for children in placement.

(C) The PCSA, PCPA or PNA shall review and amend the interagency procedures developed pursuant to paragraph (B) of this rule, as needed.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.16
Rule Amplifies: 5103.03, 5153.16
Prior Effective Dates: 9/28/87 (Emer.), 12/27/87, 1/1/89, 1/1/90, 5/1/93, 10/1/97, 02/01/03, 4/20/2008

5101:2-42-66.1 Comprehensive health care for children in placement.

(A) The public children services agency (PCSA), private child placing agency (PCPA) or private non-custodial agency (PNA) shall coordinate comprehensive health care for each child in its care or custody who is placed into substitute care. In coordinating comprehensive health care, the PCSA, PCPA or PNA shall attempt to arrange for health care from the child's existing and previous medical providers as well as involve the parent, guardian, or custodian in the planning and delivery of health care services.

(B) If applicable, when petitioning for custody, the PCSA, PCPA or PNA shall determine whether the parent, guardian or custodian has health care insurance and / or financial resources to provide comprehensive health care.

(1) If insurance or financial resources are available, the PCSA, PCPA or PNA shall request financial support.

(2) If insurance or financial resources are not available, the PCSA, PCPA or PNA shall assess the child's eligibility for medicaid, Title IV-E, supplemental security income (SSI), or other assistance programs. Unless an application for Title IV-E has been submitted, the PCSA, PCPA or PNA shall apply for medicaid on behalf of the child no later than thirty days after the date of the child's placement into substitute care.

(C) No later than five working days after the date of the child's most recent placement setting, unless medical care is needed sooner, the PCSA, PCPA or PNA shall secure a medical screening to prevent possible transmission of common childhood communicable diseases and to identify any symptoms of illness, injury, or maltreatment. The medical screening shall be conducted by one of the following:

(1) A licensed physician.

(2) An advanced practice nurse.

(3) A registered nurse.

(4) A licensed practical nurse.

(5) A physician's assistant.

(D) No later than sixty days after the child's placement into substitute care, the PCSA, PCPA or PNA shall coordinate the child's comprehensive health care. If the child is moved from one placement setting to another, medical care shall be provided within the time frames established by the first placement in the placement episode, unless medical care is needed sooner. The PCSA, PCPA or PNA shall:

(1) Secure an annual physical examination no later than thirty days from the anniversary date of the child's last comprehensive physical examination.

(2) Ensure that a child age three or under receives required pediatric care as prescribed by a licensed physician pursuant to rule 5101:3-14-03 of the Administrative Code.

(3) Refer a child age three or under to the county early intervention program when a screening or assessment indicates the child has or is at risk for a developmental disability or delay.

(4) Assure that a psychological examination for a child adjudicated delinquent is conducted unless a psychological examination was conducted within twelve months prior to the date the child was placed in substitute care and a copy is filed in the child's case record. If no psychological examination of the child is available, an examination to detect mental and emotional disorders shall be performed by a licensed independent social worker, licensed social worker, licensed professional clinical counselor, or licensed professional counselor.

(5) Arrange for and secure appropriate immunizations. If a child's record of previous immunizations is unavailable at the time of the comprehensive physical exam, and it is reasonable to assume that the child has received immunizations, immunizations may be postponed until an immunization record is available for review.

(6) Assure that treatment for any diagnosed medical or psychological need is initiated within sixty days of the diagnosis, unless treatment is required sooner.

(7) Document health information about the child in the child's case record within the state automated child welfare system (SACWIS) pursuant to rule 5101:2-42-66.2 of the Administrative Code for the PCSA. The PCPA or PNA shall document health information about the child in the child's case record.

(8) For a medicaid eligible child, the PCSA, PCPA or PNA shall:

(a) Coordinate with the county department of job and family services (CDJFS) healthchek coordinator to secure a healthchek screening exam. The agency may authorize the substitute caregiver, managed care coordinator, medical providers, and custodial parents to serve as a liaison with the CDJFS healthchek coordinator to schedule and arrange transportation.

(b) Complete the JFS 03528 "Healthchek and Pregnancy Services Assessment" (rev. 6/2003) and return the form to the CDJFS healthchek coordinator.

(c) Provide a healthchek screening examination that includes those components listed in rule 5101:3-14-03 of the Administrative Code, including but not limited to the following:

(i) Health and developmental histories.

(ii) A comprehensive physical examination.

(iii) Developmental, nutritional, vision, hearing, immunization and dental screenings.

(iv) A lead toxicity screening.

(v) Lab tests.

(vi) Health education and counseling.

(d) Secure comprehensive health care through an alternative provider when a medicaid provider cannot be obtained within the timeframes specified in paragraph (A)(4) of this rule and document in the case record why an alternative provider was used.

(9) For a child who is not medicaid eligible, the PCSA, PCPA or PNA shall: coordinate a comprehensive health care screening that includes, but is not limited to the following:

(a) Health and developmental histories.

(b) A comprehensive physical examination.

(c) Developmental, nutritional, and immunization screenings.

(d) A lead toxicity screening.

(e) Lab tests.

(f) Health education and counseling.

(g) An initial vision assessment. The agency shall secure reexaminations whenever a condition of visual impairment indicates a need for treatment. All treatment shall be performed by a licensed optometrist or ophthalmologist.

(h) An initial hearing assessment. The agency shall secure reexaminations whenever a condition of hearing impairment indicates a need for treatment. All treatment shall be performed by a licensed physician or licensed audiologist.

(i) An initial dental assessment for a child over three years of age no later than one hundred eighty days after the child's placement into substitute care. The agency shall secure annual dental reexaminations no later than thirty days from the anniversary date of the child's last dental examination. Treatment shall be provided whenever a dental condition indicates a need for treatment. All dental treatment shall be performed by a licensed dentist.

(E) A comprehensive health care screening or exam is not required when:

(1) The child has received a comprehensive health care screening or exam within three months prior to placement in substitute care and the results of the comprehensive health care examination are obtained by the PCSA, PCPA, or PNA and filed in the case record.

(2) The newborn is placed directly from the hospital.

(F) Comprehensive health care pursuant to paragraph (D) of this rule is not required if the child's placement episode is less than sixty days; however the PCSA, PCPA, or PNA shall coordinate health care whenever the child has a condition which indicates a need for treatment during the placement episode.

Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.166
Prior Effective Dates: 9/28/87 (Emer.), 12/27/87, 1/1/89, 1/1/90, 5/1/93, 9/1/93, 10/1/97, 2/1/03, 10/9/06

5101:2-42-66.2 Documentation of comprehensive health care for children in placement.

(A) A public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) shall document and maintain in the case record a record of physical health examinations, developmental and psychological assessments, and treatment for each child in the care or custody of a PCSA, PCPA, or PNA.

(B) A record of a child's health information may be collected from a variety of sources, including but not limited to:

(1) The child's parent, caregiver, guardian, other relative(s) or other responsible adult familiar with the child's health history;

(2) The child, if age-appropriate;

(3) Medical providers;

(4) Mental health providers;

(5) Medical records;

(6) School personnel and records;

(7) County family and children first council;

(8) Early intervention coordinators;

(9) PCSA, PCPA, or PNA case records; and

(10) Other social service agency personnel and records.

(C) A record of a child's health care shall contain, but not be limited to, the following, when applicable:

(1) A listing of a child's most recent and current medical, mental health, dental, and other health care providers including early and periodic screening and diagnostic treatment (EPSDT)/healthchek providers.

(2) A record of immunizations and dates of immunizations;

(3) A record of a child's illnesses, hospitalizations, surgeries, impairments, injuries and other significant medical problems and dates for each event;

(4) A record of physical health examination and treatment;

(5) A record of dental examinations and treatment;

(6) A record of vision examinations and treatment;

(7) A record of speech and hearing assessments and therapy/treatment;

(8) A record of developmental assessments and therapy/treatment;

(9) A record of mental health assessments and therapy/treatment;

(10) A record of drug screenings, assessments and therapy/treatment;

(11) A record of the child's sexual development history, including any family planning methods;

(12) A record of the child's sexual abuse;

(13) A record of the child's prescription and nonprescription medications and any allergies to medications;

(14) A record of the child's food allergies and other allergies;

(15) The child's cultural background as it relates to nutrition, health care practices, and other relevant information;

(16) The health history of the biological parents and extended family; and

(17) Any other pertinent health information necessary to assure that those persons providing care for the child have adequate information to provide such care.

(D) If the PCSA, PCPA, or PNA is unable to obtain any information required in paragraph (C) of this rule, the PCSA, PCPA, or PNA shall document what information is missing and the reasons why in the case record.

(E) The PCSA, PCPA, or PNA shall keep the parents, guardian, or custodian informed of the physical health care, mental health care, and developmental care provided the child during the child's substitute care placement. Such information shall be shared at least every six months or at the time of each semiannual administrative review as required by rule 5101:2-38-08 of the Administrative Code. The parents, guardian or custodian shall be informed and consulted anytime a child in substitute care experiences a serious health, mental health problem or medical emergency.

(F) A substitute caregiver shall have access to all health care information to provide daily care for the child.

(G) The PCSA may use the child's health care record prepared pursuant to this rule as a source document in completing the JFS 01443 "Child's Education and Health Information" form (rev. 2/2006) or other comparable form as required in rule 5101:2-38-08 of the Administrative Code, if applicable.

(H) The PCSA may use a copy of the JFS 01443 form as a face sheet for the child's health record prepared pursuant to this rule.

(I) The PCSA, PCPA, or PNA shall provide a copy of a child's health care record and the final transition plan prepared pursuant to this rule, and, as appropriate, pursuant to rules 5101:2-48-16 and 5101:2-42-19 of the Administrative Code, to the parent, guardian, custodian, prefinalized adoptive parent or child who is emancipating upon termination of custody.

(J) A PCSA shall maintain a record of a child's health care as a distinct part of the child's case record pursuant to rule 5101:2-33-23 of the Administrative Code, if applicable.

Effective: 12/15/2010
R.C. 119.032 review dates: 04/20/2013
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 5103.03 , 5153.166
Rule Amplifies: 2151.421 , 5103.03 , 5153.166
Prior Effective Dates: 9/28/87(Emer.), 12/12/87, 1/1/89, 1/1/90, 5/1/93, 9/1/93, 10/1/97, 02/01/03, 04/20/08

5101:2-42-67 Preparation of lifebook.

(A) When a child remains in substitute care for longer than six months, the public children services agency (PCSA) or private child placing agency (PCPA) shall begin to prepare a lifebook . The lifebook shall be updated every six months so long as the child remains in substitute care and shall include, but not limited to, the following information:

(1) Information regarding the child's birth.

(2) Information regarding the birth parent and birth family.

(3) The child's developmental milestones.

(4) Information on placements.

(5) The child's education history.

(6) Any sports and hobbies in which the child is involved.

(7) The child's medical history.

(8) Photos.

(B) The PCSA or PCPA may prepare a lifebook for a child sooner than six months after the child's placement.

(C) The PCSA or PCPA shall ensure that the lifebook is shared with the child during the placement, as appropriate to the child's age and understanding, and the lifebook should accompany the child when a placement move occurs and when the child is leaving substitute care.

(D) The PCSA or PCPA shall not place identifying information, as defined in rule 5101:2-1-01 of the Administrative Code, in the lifebook. The child may add identifying information to the lifebook.

(E) The PCSA or PCPA shall document in the child's case record the date it began to prepare the lifebook, and the date of each update to the lifebook as required in paragraph (A) of this rule.

(F) If a child in the permanent custody of a PCSA or PCPA is placed for adoption, the lifebook shall be given to the child and a copy shall be maintained in the child's record.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.16 , 5103.03
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 9/28/87, 1/1/89, 2/13/98 (Emer.), 5/14/98, 8/18/03, 12/19/2008.

5101:2-42-68 Necessity for continued substitute care placement: court reviews and hearing requirements.

(A) Each public children services agency (PCSA) or private child placing agency (PCPA) shall determine the necessity for continued substitute care placement of each child, whether the child's custody is by agreement or court commitment or whether the child's custody status is temporary or permanent. The agency shall conduct a case review and assess the need for continued substitute care placement no less frequently than every three months after whichever activities occur first as outlined in rule 5101:2-38-09 of the Administrative code. The JFS 01413"Comprehensive Assessment and Planning Model - I.S. Case Review" (rev. 7/2006) shall be completed and the assessment shall be documented in the case record.

(B) In the case of any child maintained in excess of thirty days in an emergency shelter care facility, the PCSA or PCPA shall determine and document in the child's case record the specific efforts undertaken to achieve a more appropriate placement for the child and the anticipated time frame for achieving such a placement. Documentation shall be completed promptly after each succeeding thirty day period as long as the child remains in an emergency shelter care facility.

(C) For children in temporary custody, the PCSA shall determine whether the:

(1) Continued substitute care placement is not needed because:

(a) The child's vulnerability, if returned to his or her own home, to the conditions of abuse, neglect or dependency has diminished, and

(b) The child's parent, guardian or custodian is able to show a protective capacity to the child and the child's needs.

(2) Continued substitute care placement is needed because:

(a) The child remains vulnerable to conditions of abuse, neglect, or dependency, if returned to his or her own home, and

(b) The child's parent, guardian or custodian does not show protective capacities to the child or the child's needs, and

(c) Provision of supportive services could not reduce the child's vulnerability to the contributing factors requiring substitute care.

(D) Upon determining the need for continued temporary custody of a child, the PCSA or PCPA shall file a motion with the court that issued the order of disposition requesting a permanency review hearing for the court to grant any of the following:

(1) An order for the extension of temporary custody for six months. The PCSA or PCPA shall not petition the court for more than two six-month extensions of temporary custody.

(2) An order that the child be placed in the legal custody of a relative or nonrelative.

(3) An order that the child be placed in a planned permanent living arrangement.

(4) An order permanently terminating the parental rights of the child's parents.

(E) The PCSA or PCPA shall file the motion prescribed by paragraph (D) of this rule no later than thirty days prior to the earlier of the following:

(1) One year from the date on which the complaint in the case was filed.

(2) One year from the date on which the child was first placed into shelter care.

(3) The date set at the last dispositional hearing for the review hearing of the child's custody.

(F) The PCSA or PCPA must request that a permanency hearing be held within thirty days of a judicial determination that reasonable efforts are not required pursuant to rule 5101:2-39-05 of the Administrative Code. This permanency hearing is not mandatory if the requirements of the permanency hearing are fulfilled at the hearing in which the court determines that reasonable efforts are not required.

(G) For children in permanent custody, the PCSA or PCPA shall document efforts to locate an adoptive placement or other planned permanent living arrangement in the case plan.

(H) The provisions of this rule do not apply to a PCPA which is providing services to a child who is the subject of a voluntary permanent custody surrender agreement. All reviews of these cases shall comply with the provisions found in section 5103.153 of the Revised Code and new rules 5101:2-42-09 and 5101:2-53-06 of the Administrative Code.

Effective: 04/20/2008
R.C. 119.032 review dates: 12/31/2007 and 02/01/2013
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 9/28/87 (Emer.), 12/27/87, 1/1/89, 10/1/97, 3/18/99 (Emer.), 6/17/99, 6/13/00 (Emer.), 9/7/00

5101:2-42-70 Provision of services to unmarried minor parents.

(A) The public children services agency (PCSA) shall provide or arrange for the provision of services to any unmarried minor female who meets both of the following:

(1) Is adjudicated as an abused, neglected or dependent child.

(2) Is pregnant or has delivered a child.

(B) The PCSA shall develop and complete a case plan pursuant to the requirements set forth in rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code. The PCSA shall consider including the following:

(1) Services to assist the unmarried minor female and the child's father in providing the necessary care for the child including, but not limited to:

(a) Parent education.

(b) Child development.

(c) Family budgeting.

(d) Self sufficiency.

(2) Health related services for the unmarried minor female and child.

(3) Referrals to:

(a) Ohio early start.

(b) Head start.

(c) Early intervention services.

(d) Child support enforcement agency.

(e) Services for the minor's parents, guardian or custodian.

(C) The PCSA shall conduct semiannual administrative reviews of the case plan pursuant to the requirements contained in rule 5101:2-38-10 of the Administrative Code.

(D) When the unmarried minor female is a member of an "Ohio Works First" (OWF) assistance group, the PCSA shall work with the county department of job and family service (CDJFS) in coordinating services to the unmarried minor female. At the request of the CDJFS, the PCSA shall assist with the following:

(1) Determining if it would be in the best interests of an unmarried minor parent to reside in the household of a parent, legal guardian or specified relative of the unmarried minor parent.

(2) Locating an adult-supervised living arrangement when it is determined that it would not be in the bests interests of an unmarried minor parent to reside in the household of her or his parent, legal guardian or specified relative.

Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.166
Prior Effective Dates: 4/1/86 (Emer.), 7/1/86, 3/1/96, 10/1/97 (Emer.), 12/30/97, 05/01/03, 10/9/2006

5101:2-42-71 Approval of adult-supervised living arrangements.

(A) An adult-supervised living arrangement means a family setting approved, licensed, or certified by the Ohio department of job and family services (ODJFS), the Ohio department of mental health (ODMH), the Ohio department of mental retardation and developmental disabilities (ODMRDD), the Ohio department of youth services (ODYS), a public children services agency (PCSA), a private child placing agency (PCPA), or a private noncustodial agency (PNA) which assumes responsibility for the care and control of a pregnant minor, unmarried minor parent, or child of a minor parent. An adult-supervised living arrangement includes the following:

(1) A foster home certified by ODJFS pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.

(2) A residential parenting facility with five or fewer pregnant minors or minor parents or combination thereof certified by ODJFS pursuant to Chapters 5101:2-5 and 5101:2-9 of the Administrative Code.

(3) A family setting which has been approved by a PCSA, PCPA or PNA, pursuant to the procedures contained in paragraph (C) of this rule which:

(a) Provides the unmarried minor parent, pregnant minor, or child of a minor parent with supportive services, including counseling, guidance and supervision.

(b) Is maintained by a person age eighteen or older who assumes responsibility for the care and control of the unmarried minor parent, pregnant minor, or child of a minor parent.

(B) A pregnant minor, unmarried minor parent, or child of an unmarried minor parent exempt from the requirement of division (B)(1) of section 5107.24 of the Revised Code must reside in an adult supervised living arrangement to be eligible to participate in Ohio works first.

(C) When approving an applicant to operate an adult-supervised living arrangement for a specified individual pursuant to paragraph (B)(3) of this rule the PCSA, PCPA or PNA shall:

(1) Have the applicant complete the PCSA, PCPA, or PNA designed application for the operation of an adult-supervised living arrangement.

(2) Conduct an evaluation of the applicant which shall, at a minimum, include:

(a) Completing the JFS 01348 "Safety Audit of a Foster Home" (rev. 1/2003).

(b) Determining whether the applicant is willing to be responsible for providing or arranging supportive services, including counseling, guidance and supervision, to the pregnant minor, minor unmarried parent, or child of a unmarried minor parent.

(c) Determining if the applicant is age eighteen or older.

(D) The PCSA, PCPA, or PNA shall be responsible for investigating any complaint received on an adult-supervised living arrangement that the agency has approved and arrive at a determination to continue approval of the setting, revoke the approval for the setting, or initiate a corrective action plan. If the complaint alleges child abuse and neglect, the PCPA or PNA shall immediately report the complaint to the PCSA for investigation. The PCSA shall follow investigation procedures found in rule 5101:2-34-34 or 5101:2-36-04 of the Administrative Code, if applicable.

(E) The PCSA, PCPA, or PNA shall develop written procedures for reviewing complaints or disapprovals of agency actions involving adult-supervised living arrangements. Agency procedures shall include, at a minimum:

(1) Operational procedures for conducting grievance reviews.

(2) Reasonable time frames for conducting the grievance review and issuing a decision.

(F) The PCSA, PCPA or PNA shall maintain a record of each adult-supervised living arrangement it evaluates. The record shall contain, but not be limited to, the following:

(1) A copy of the of the approval, certificate, or license of a foster home, residential parenting facility, or other family setting pursuant to paragraphs (A)(1) to (A)(4) of this rule.

(2) Adult-supervised living arrangement application.

(3) Evaluation of the adult-supervised living arrangement.

(4) Approval or disapproval of the adult-supervised living arrangement.

(5) Statement signed by the operator of the adult-supervised living arrangement agreeing to be responsible for providing supportive services, including counseling, guidance and supervision, to the pregnant minor, unmarried minor parent, or child of a unmarried minor parent.

(G) The PCSA, PCPA or PNA shall provide a copy of the approval or disapproval of the adult-supervised living arrangement to the applicant and the county department of job and family services requesting initiation of the approval of the applicant as an adult-supervised living arrangement.

(H) The application to operate an adult supervised living arrangement is child specific. The approval expires when the adult supervised living arrangement is terminated.

Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5107.05
Rule Amplifies: 5107.05 , 5107.24
Prior Effective Dates: 6/1/98, 8/18/03, 10/9/06

5101:2-42-82 Legal responsibilities under the unaccompanied refugee minor program (URMP). [Rescinded].

Rescinded eff 10-10-05

5101:2-42-87 Termination of substitute care and custody of a child.

(A) Each public children services agency (PCSA) shall determine the necessity for continuing or terminating custody of a child, whether the child's custody is by agreement or court order or whether the child's custody status is temporary or permanent. The agency shall assess the need for continued custody at least every three months from date of initial placement and at each semiannual administrative review. Such assessment shall be documented in the case record. In making a determination that there is no need for continued custody, the agency shall. :

(1) Complete the JFS 01404 "Comprehensive Assessment Planning Model - I.S. Reunification Assessment" (rev.2/2006) pursuant to rule 5101:2-37-04 of the Administrative Code.

(2) Use the JFS 01404 as a guide to determine whether the child's parent, guardian, or custodian is available, able and willing to demonstrate protective capacities for the child.

(3) Consider whether supportive services can provide adequate protection for the child if he or she were returned to his or her own home under a court order of protective supervision, or the agency's involvement is no longer deemed necessary and termination is sought.

(B) The PCSA's or private child placing agency's (PCPA) custody shall automatically terminate when one of the following occur:

(1) A court of jurisdiction issues an order terminating agency custody.

(2) A JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) expires or is terminated early.

(3) A probate court issues a final decree of adoption or an interlocutory order of adoption becomes final.

(C) While in substitute care, a child may be on leave from his or her current placement for a trial visit with his or her parent, guardian or custodian up to sixty consecutive days.

(D) When the PCSA or PCPA plans to recommend that the court terminate custody, the agency shall give the substitute caregiver at least five days advance notice. Advance notice shall not be required if a court of jurisdiction terminates agency custody on its own accord, or the substitute caregiver agrees to a lesser advance notice. Documentation evidencing notice (written or oral) to a caregiver, including the caregiver's agreement, no less than five days advance notice of removal from substitute care placement, shall be maintained in the caregiver's record.

(E) When termination of substitute care occurs, those services offered to and provided to the child and his or her parent, guardian, or custodian in preparation for the child's reunification, adoption or emancipation shall be noted in the child's case record.

(F) The agency shall provide the following services to prepare the child and his or her parent, guardian, or custodian when the child is to be returned home, which shall include, but not be limited to:

(1) Arranging visits or other contacts as needed between the parent, guardian, or custodian and child to discuss what has transpired between the time of initial placement and the present.

(2) Increasing the length and number of home visits to help the child become reacquainted with his or her family, when applicable.

(3) Providing emotional support for feelings the child may have about leaving the substitute caregiver.

(G) The custodial agency shall provide case planning services to emancipating youth pursuant to rules 5101:2-42-19 and 5101:2-38-05 of the Administrative Code and pursuant to rule 5101:2-38-07 of the Administrative Code, if applicable for the PCPA.

(H) The agency shall inform the county department of job and family services (CDJFS) healthchek coordinator when the child has been returned home and custody has been terminated.

(I) The agency shall provide the parent, guardian, custodian, prefinalized adoptive parent, or a child who is emancipating with a copy of the child's health care record prepared pursuant to rules 5101:2-42- 66.2and 5101:2-38-08 of the Administrative Code upon termination of the child's custody. The agency shall provide the parent, guardian, custodian, prefinalized adoptive parent, or a child who is emancipating with information about the healthchek program, if the child was in the healthchek program during the child's stay in substitute care.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 9/28/87(Emer.), 12/27/87, 1/1/89, 1/1/90, 10/1/97, 2/1/03, 4/20/2008.

5101:2-42-88 Requirements for substitute care placement disruptions.

(A) When there is a disruption of a child's substitute care placement, the public children services agency (PCSA) or private child placing agency (PCPA) shall address and document in the case record the following information:

(1) Length of time the child was in the particular substitute care setting.

(2) Circumstances which led to the child's removal.

(3) Any efforts to maintain the placement, including supportive services offered to the child and caregiver.

(B) A disruption of a child's substitute care placement shall require an amendment to the case plan pursuant to rule 5101:2-38-05 of the Administrative Code, if applicable for a PCSA or rule 5101:2-39-10 of the Administrative Code.

(C) If a disruption of a child's substitute care placement occurs prior to the child's dispositional hearing, the PCSA or PCPA shall follow procedural requirements pursuant to rule 5101:2-42-93 of the Administrative Code.

(D) The PCSA or PCPA shall maintain a copy of the information identified in this rule in the case record and the caregiver's record.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 9/28/87 (Emer.), 12/27/87, 1/1/89, 1/1/90, 2/1/03 , 4/20/2008

5101:2-42-89 Public children services agency and private child placing agency procedures when a child is receiving services or is in agency custody dies.

(A) If a child in the temporary custody or a planned permanent living arrangement of a public children services agency (PCSA) or a private child placing agency (PCPA) dies, the PCSA or PCPA shall:

(1) Notify the law enforcement agency with jurisdiction within one hour of its knowledge of the child's death pursuant to rule 5101:2-33-26 of the Administrative Code.

(2) Contact the parent, guardian or custodian within one hour of its knowledge of the child's death.

(3) Complete the JFS 01987 "Child Fatality Report Face Sheet" (rev. 10/2009) and send it to the Ohio department of job and family services (ODJFS) within five working days after receiving the report. The JFS 01987 shall be sent electronically as directed by the JFS 01987I "Instructions for completing JFS 01987 child fatality report face sheet" (rev. 10/2009).

(4) Notify the local health department and/or the child fatality review board.

(5) Assist the family in planning funeral arrangements, if requested.

(B) If a child in the permanent custody of a PCSA or PCPA dies, the PCSA or PCPA shall:

(1) Notify the law enforcement agency with jurisdiction within one hour of its knowledge of the child's death as described in paragraph (A)(1) of this rule.

(2) Determine whether notification of the parent, guardian, custodian or other relatives is appropriate.

(3) Complete the JFS 01987 and send it to ODJFS as described in paragraph (A)(3) of this rule.

(4) Notify the local health department and/or the child fatality review board.

(5) Assume responsibility for funeral arrangements.

(C) If the death of a child is the result of suspected child abuse or neglect, the PCSA shall:

(1) Follow procedures set forth pursuant to rule 5101:2-36-01 of the Administrative Code regarding children with:

(a) Suspected child abuse and neglect as determined by law enforcement, medical or PCSA personnel.

(b) Prior involvement with the PCSA or any member of the household including:

(i) Open in-home voluntary cases.

(ii) Open court ordered protective supervision.

(iii) Open intake assessments within twelve months of the fatality.

(iv) A closed, inactive case within twelve months of the fatality.

(2) Complete part three of the JFS 01987 and send electronically to the assigned ODJFS regional field office.

(D) The PCSA or PCPA shall maintain documentation regarding the provision of notices as required by this rule in the child's case record and the custodial agency's provider record.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.166
Prior Effective Dates: 9/28/87, 1/1/89, 1/1/90, 2/1/03, 11/08/2009

5101:2-42-90 Information to be provided to caregivers, school districts and juvenile courts; information to be included in individual child care agreement.

(A) When a public children services agency (PCSA) or private child placing agency (PCPA) holds custody of a child and plans to place the child into a substitute care setting or respite care setting, the PCSA or PCPA shall share information with the caregivers in accordance with paragraphs (B) and (C) of this rule to allow them to make an informed decision regarding whether they can care for the child.

(B) Prior to placing the child, or within ninety-six hours of an emergency placement or a change in the case plan in accordance with section 2151.31 or 2151.412 of the Revised Code, the PCSA or PCPA shall share information identified in paragraphs (B)(1) to (B)(9) of this rule with caregivers of a substitute care setting. The PCSA shall maintain a detailed record of the information that was shared, and the caregivers' acknowledgement of receipt of the information, by the date of the caregivers' signature, in the child's case record. The PCSA shall maintain this information in the state automated child welfare system (SACWIS). The PCPA shall maintain this information in the child's case record. The information shall include:

(1) The child's health, behavioral characteristics, treatment and service needs, and plans to meet those needs as identified in the case plan.

(2) Any special needs the child may have such as special diets, therapy, tutoring, or learning disabilities.

(3) The child's prior history of maltreatment. Provision of information regarding child abuse or neglect assessments/investigations shall comply with rule 5101:2-33-21 or 5101:2-33-22 of the Administrative Code, if applicable.

(4) Information on any acts committed by the child that placed the health, safety, or well-being of others at risk such as victimization of other children or animals, or setting-fires.

(5) The type of school the child will attend, if applicable.

(6) The child's visitation schedule with his/her parents or guardian.

(7) The substitute caregivers' responsibilities.

(8) A written report containing the information specified in paragraph (B)(9) of this rule, for a child who has been adjudicated delinquent for commission of any of the following offenses:

(a) Aggravated murder.

(b) Murder.

(c) Voluntary manslaughter.

(d) Involuntary manslaughter.

(e) Felonious assault.

(f) Aggravated assault.

(g) Assault.

(h) Rape.

(i) Sexual battery.

(j) Gross sexual imposition.

(k) Conspiracy involving an attempt to commit aggravated murder or murder.

(l) Any other offense that would be a felony if committed as an adult, and the child, upon committing the offense, was found to be using or in possession of a firearm.

(9) The PCSA shall make a written request of the juvenile court that placed the child in the agency's custody, for the information identified in paragraphs (B)(9)(a) to (B)(9)(d) of this rule and share this information with the substitute caregiver. The PCSA shall maintain a copy of the written request for information, a copy of the written report shared with the caregivers, the date it was shared and the caregivers' acknowledgement of receipt of the information in the child's case record. The PCSA shall maintain this information in SACWIS. The PCPA shall maintain this information in the child's case record.

(a) The child's social history;

(b) A description of all the known acts committed by the child that resulted in the child being adjudicated delinquent and the disposition made by the court, unless a child's record has been sealed pursuant to section 2151.358 of the Revised Code;

(c) A description of any other violent acts committed by the child.

(d) The substantial and material conclusions and recommendations of any psychiatric or psychological examination conducted on the child or, if not available, the substantial and material conclusions and recommendations of an examination to detect mental and emotional disorders conducted in compliance with the requirements of Chapter 4757. of the Revised Code by a licensed independent social worker, licensed social worker, licensed professional clinical counselor, or licensed professional counselor.

(C) Prior to the child's placement in a respite care setting, the PCSA or PCPA shall share with the respite caregiver pertinent information identified in paragraph (B) of this rule that could impact the health, safety, or well-being of the child or others within the temporary setting. The PCSA shall maintain a detailed record of the information that was shared, and the caregivers' acknowledgement of receipt of the information, by the date of the caregivers' signature, in the child's case record. The PCSA shall maintain this information in SACWIS. The PCPA shall maintain this information in the child's case record.

(D) The PCSA or PCPA shall provide foster caregivers with a written report which contains substantial and material conclusions and recommendations of any psychological, psychiatric, or mental health examination contained in the child's case record. This shall include, but is not limited to, examinations conducted in accordance with paragraph (B)(9)(d) of this rule and rule 5101:2-42-66.1 of the Administrative Code. The written report shall be provided to the foster caregivers as soon as possible, but no later than sixty days after placing the child in the foster home. The PCSA shall maintain a copy of the information provided, the date the information was provided, and the foster caregivers' acknowledgement of receipt of the information in the child's case record in SACWIS and the PCPA shall maintain a copy in the child's case record.

(E) Prior to placing a child in a foster home in another county or in a foster home operated by a private agency whose headquarters are in another county, the PCSA or PCPA shall be responsible for sharing information with the prospective foster caregivers and the board of education for the school district in which the child will be enrolled. The PCSA or PCPA shall share this information orally and send this information in writing no later than five days after the child's placement in the new school district. The PCSA shall maintain a copy of the information shared, the date the information was provided both orally and in writing, and the foster caregivers' acknowledgement of receipt of the information, in the child's case record in SACWIS an the PCPA shall maintain a copy in the child's case record. The information shall include:

(1) A discussion of safety and well-being concerns regarding the child and, if the child attends school, the students, teachers, and personnel of the school.

(2) A brief description of the reasons the child was removed from his home.

(3) The services the child is or will be receiving.

(4) The name, address and telephone number of the agency that is or will be directly responsible for monitoring the child's placement and the name and telephone number of the contact person for the agency.

(5) The name, address and telephone number of the agency having custody of the child and the name and telephone number of the contact person for the agency.

(6) The previous school district attended by the child.

(7) The last known address of the child's parents.

(F) When the PCSA or PCPA places a child who has been adjudicated unruly or delinquent in a foster home in another county or in a foster home operated by a private agency whose headquarters are in another county, the PCSA or PCPA shall provide the prospective foster caregivers and the juvenile court where the prospective foster home is located with written information about the child no later than five days after the child's placement. The PCSA shall maintain a copy of the information shared, the date the information was provided, and the foster caregivers' acknowledgement of receipt of the information in the child's case record in SACWIS and the PCPA shall maintain a copy in the child's case record. The information to be provided shall include:

(1) The information listed in paragraphs (E)(3), (E)(4) and (E)(5) of this rule.

(2) A brief description of the facts supporting the adjudication that the child is unruly or delinquent.

(3) The name and address of the foster caregivers.

(4) The safety and well-being concerns with respect to the child.

(5) The safety and well-being concerns with respect to the community.

(G) When the PCSA or PCPA contracts with a private non-custodial agency (PNA), the PCSA or PCPA shall share information with the PNA in accordance with paragraphs (B) and (C) of this rule. The PCSA shall maintain a copy of the information shared in SACWIS in the child's case record. The PCPA shall maintain a copy in the child's case record.

(H) The PCSA or PCPA shall develop an individual child care agreement (ICCA) each time a child is placed in a substitute care setting, including a children's residential center (CRC) administered by the PCSA. An ICCA is not required for temporary leaves from a substitute care setting (e.g., respite or hospital stays) or direct placements ordered by the court (e.g., detention). The ICCA shall be signed by all parties and a copy provided to the substitute caregivers prior to placement, or within seven days of an emergency placement. The ICCA shall include, but is not limited to, the following:

(1) The name, address and telephone number of the PCSA or PCPA; the name of the child's caseworker; information regarding how the caseworker may be contacted during regular hours and for emergencies; and the date of the agreement.

(2) The child's name and date of birth.

(3) History and background information known about the child, including, but not limited to:

(a) Positive attributes, characteristics, or strengths such as friendliness, talents, interests, or educational achievements.

(b) Physical, intellectual, and social development.

(c) Immediate health needs and current medications.

(d) Psychiatric and/or psychological evaluations of the child.

(e) Attachment and bonding of the child to caregivers and siblings.

(f) History of abuse or neglect of the child.

(g) If applicable, a description of all acts which resulted in the child being found delinquent and the disposition made by the court.

(h) Information on any other violent acts committed by the child that may or may not have resulted in the child being adjudicated delinquent, including, but not limited to: arson, kidnapping, domestic violence and animal cruelty.

(4) The child's need for placement and estimated timeframe for placement.

(5) Procedures for meeting the child's emergency and non-emergency medical needs, and information regarding the child's eligibility for Title XIX medical assistance.

(6) Any services, including, but not limited to, mental health and substance abuse services to be provided to the child or substitute caregivers and the party responsible for providing the services.

(7) Visitation plan with parents, guardian, custodian and other persons when applicable, pursuant to rule 5101:2-42-92 of the Administrative Code.

(8) Transportation arrangements for visits and other activities, and the party responsible for providing the transportation.

(9) Case plan goal for the child, pursuant to rule 5101:2-38-05 of the Administrative Code, if applicable, for a PCSA and rules 5101:2-39-10 and 5101:2-39-11 of the Administrative Code for a PCPA.

(10) Any special needs the child may have such as special diets, therapy, tutoring, learning disabilities and any other needs requiring assistance from the substitute caregiver;.

(11) A statement that the methods of discipline used for the child shall comply with either rule 5101:2-7-09 or 5101:2-9-21 of the Administrative Code, as applicable.

(12) The agency's invoicing procedures, if applicable.

(13) The rights and responsibilities of the PCSA or PCPA, the agencies providing services to the child, and the substitute caregivers.

(14) For children in the custody of a PCSA, a statement that assures that the substitute caregivers and agencies providing services will provide all applicable data to the PCSA for the "Adoption and Foster Care Analysis and Reporting System" (AFCARS) as required by section 479 of the Social Security Act ( 42 USC Section 679 , 42 USC Section 1994 , 42 USC Section 108 stat. 4459).

(I) If the PCSA or PCPA is unable to complete any part of the ICCA within the timeframe required in paragraph (H) of this rule, the PCSA or PCPA shall document in the ICCA the information needed and the steps that will be taken to obtain the information.

(J) When the child's placement is in a children's residential center (CRC) under the direction of another agency, the PCSA or PCPA shall develop and execute the ICCA with the other agency and provide a copy of the ICCA to both the agency and the CRC.

(K) When the child's placement is in a foster home certified by another agency, a second ICCA shall be executed between the certifying agency and the substitute caregivers, with a copy maintained in the child's case record.

(L) The PCSA or PCPA shall review and update the ICCA or develop a new ICCA when there is a change in any information required by paragraph (G) of this rule. The PCSA or PCPA shall provide a copy of the updated or revised ICCA to the substitute caregivers no later than seven days after any information changes, and document its provision on the case plan document.

(M) The PCSA or PCPA shall maintain copies of all ICCAs and updates in the child's case record and the substitute caregivers' record.

(N) The PCSA shall provide the substitute caregiver with a copy of the JFS 01443 "Child's Education and Health Information" (rev. 2/2006), or its alternative pursuant to rule 5101:2-38-08 of the Administrative Code.

Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 2151.55 , 2151.551 , 2151.552 , 2151.553 , 2151.554 , 2152.72 , 5103.03 , 5153.16
Prior Effective Dates: 9/28/87, 1/1/89, 1/1/90, 10/1/90, 7/1/92, 10/1/97, 7/1/00, 1/1/03, 10/03/05, 10/9/06

5101:2-42-92 Visitation for child in temporary custody.

(A) Each public children services agency (PCSA) or private child placing agency (PCPA) shall arrange for and provide each child in temporary custody, whether custody is by agreement or commitment, an opportunity for regular and frequent visitation with his parent, guardian or custodian. Such visitation schedule shall be developed in accordance with the requirements of this rule and contained in the case plan as required by rule 5101:2-38-05 of the Administrative Code, if applicable for the PCSAs and rules 5101:2-38-06 and 5101:2-38-07 of the Administrative Code for the PCPA.

(B) The PCSA or PCPA shall consult with the parent, guardian, or custodian, child, when age-appropriate, and other service providers, when applicable, in developing the plan for visits. The PCSA or PCPA shall address the following criteria for planning the visits.

(1) Frequency of the visits shall be based on:

(a) The attitudes and feelings between the child and parent, guardian, or custodian in the present relationship.

(b) The case plan goal .

(c) The need to maintain or enhance the bonding relationship between the parent, guardian, or custodian and child.

(d) What is determined to be in the child's best interest, and is conducive to the child's physical and emotional well-being.

(2) Duration of the visit shall be based on:

(a) The amount of time needed to maintain or enhance the bonding relationship between the parent, guardian, or custodian and child.

(b) A determination based upon the current relationship between the child and parent, guardian, or custodian on the length of time that would be in the child's best interest.

(3) Location of the visit shall be in:

(a) The least-restrictive setting consistent with the goals of the case plan. The following list represents the order of least-restrictive to most-restrictive settings.

(i) Visitation in the home of the parent, guardian, or custodian.

(ii) Visitation in the home of a friend, relative, substitute caregiver or other noninstitutional setting.

(iii) Visitation at the agency or other substitute care setting.

(b) A location providing a safe setting for the child.

(4) Restrictions on the frequency, duration, location of visits, and supervision of visits shall be based on factors related to:

(a) Potential harm to the child as a result of the parent's, guardian's or custodian's behavior or pattern of conduct toward the child.

(b) Special needs or problems of the child.

(c) The parent's, guardian's, or custodian's failure to be available for more frequent or longer visits.

(5) The PCSA shall review the JFS 1413 "Comprehensive Assessment and Planning Model - I.S., Case Review" (rev. 8/2010) pursuant to rule 5101:2-38-09 of the Administrative Code, if applicable to assist in arriving at a decision to guide the frequency, duration and location of visits or to determine the level of supervision needed during visits.

(C) The PCSA or PCPA also shall ensure that the child has an opportunity for other forms of communication with his parent, guardian, or custodian on a regular basis.

(D) In the child's best interest, the PCSA or PCPA shall make arrangements for visitation and communication with siblings and significant others integral to maintaining connections with those individuals. The agency shall also make arrangements for visitations related to the maintenance and connection with Indian tribes pursuant to rule 5101:2-53-06 of the Administrative Code.

(E) Withholding of visits shall never be used as a threat or form of discipline to the child or to control or punish the parent for failure to work with the agency or other community providers.

(F) The PCSA's or PCPA's decision on each of the criteria identified in paragraph (B) of this rule and the need for visitation restrictions and supervision and the reason for the decision must be recorded in the case plan as required by rule 5101:2-38-05 of the Administrative Code, if applicable for PCSAs and rules 5101:2-38-06 and 5101:2-38-07 of the Administrative Code, if applicable for PCPAs.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 9/28/87 (Emer.), 12/27/87, 1/1/89, 10/1/97, 2/1/03 , 4/20/2008

5101:2-42-93 Procedural requirements regarding change of placement or visitation plan prior to journalization of case plan.

(A) When a child's placement has been specified by type or location in a court order, or the court has ordered that no change in the child's placement can occur without the court's approval, the PCSA or PCPA shall file a motion to modify such an order and receive court approval prior to effecting a change in the child's placement. Such motion to modify may be filed and court approval obtained after the change in placement only where there exists reasonable cause to believe the child is in immediate danger of serious harm by reason of the current placement. In such an emergency, the motion to modify must be filed or court approval obtained within seven days after the change in placement occurs.

(B) When a child's visitation plan has been specified in a court order, or the court has ordered that no change in the child's visitation plan can occur without the court's approval, the PCSA or PCPA shall file a motion to modify such an order and receive court approval prior to effecting a change in the child's visitation plan. Such motion to modify may be filed and court approval obtained after the change in visitation only when there exists reasonable cause to believe the child is in immediate danger of serious harm by reason of the current visitation plan. In such an emergency, the motion to modify must be filed or court approval obtained within seven days after the change in the visitation plan occurs.

(C) Where a child's placement or visitation plan is not the subject of a court order described in paragraph (A) or (B) of this rule, the PCSA or PCPA shall provide written notice to the parent, guardian, and guardian ad litem of the opportunity for a review to be conducted by the PCSA or PCPA prior to effecting a change in the child's placement or visitation plan or shall obtain advance court approval of the change pursuant to court action pursuant to division (B) of section 2151.33 or division (B)(4) of section 2151.35 of the Revised Code. Such notice and review may occur after the change as identified in paragraph (D) of this rule. Such notice shall, at a minimum, advise of:

(1) The proposed action and reasons for that action.

(2) The date of the proposed action, unless the parent agrees to an earlier date.

(3) The opportunity for a review and the method by which such review can be requested.

(4) The time within which the review must be requested.

(D) When the PCSA or PCPA determines that the child, as identified in paragraph (B) or (C) of this rule, by reason of his current placement or visitation, is in immediate danger of serious harm, a change in the child's placement or visitation may occur. In such an emergency, the agency shall, within twenty-four hours or the next working day of changing the child's placement or visitation, send written notice to the child's parent, guardian, and guardian ad litem which identifies all of the following:

(1) The change in placement or visitation.

(2) The reasons for such change.

(3) The opportunity for judicial or PCSA or PCPA review, as applicable, and the method by which such review can be requested.

(4) As applicable, the method and the timeframe within which such review must be requested.

(E) The requirements set forth in paragraph (C) of this rule do not apply in the following situations:

(1) A change from an emergency placement to a nonemergency placement.

(2) A change to a less-restrictive placement.

(3) A determination affecting visitation privileges of parents which does not reduce or significantly alter the visitation privileges of the parents.

(4) A change in placement or visitation plan to which the guardian ad litem and parents agree.

(F) A parent, guardian, or guardian ad litem must request an agency review within ten days after the mailing of the notice described in paragraph (C) of this rule. A PCSA or PCPA review must occur within a reasonably prompt period no later than ten days after receipt of the request for review.

(G) The PCSA or PCPA review shall be held before a review agent. The review agent shall conduct the review in a nonadversarial atmosphere. The review agent shall be:

(1) A person not involved in the decision to effect a change in placement visitation.

(2) Neither a co-worker nor a person directly in the chain of supervision of any of the persons involved in the decision affecting a change in placement or visitation unless the agent is the administrator or assistant administrator of the agency.

(3) A person knowledgeable in child welfare services and capable of objectively reviewing the decision.

(H) A parent, guardian, or guardian ad litem requesting the review, the PCSA or PCPA, and their respective legal counsel, if they choose to be represented, shall be free to examine all documents and physical evidence introduced by parties to the review, with the exception of: reports made pursuant to section 2151.421 of the Revised Code and rules 5101:2-33-21 and 5101:2-33-22 of the Administrative Code; documents or other evidence which disclose the identity of persons complaining of parental misconduct; and any other document or report the confidentiality of which is required or protected by law. The parties to the review may also present and examine witnesses.

(I) The review agent shall render a written decision stating the reasons for such decision. The decision must be based upon the evidence presented at the review. Copies of the decision shall be provided to all parties to the agency review within fifteen days of the review.

(J) The requirements of this rule shall be satisfied if a hearing concerning the issues of change in placement or visitation has been conducted by a court of jurisdiction.

(K) All documentation related to notices to changes in placements or visitation plans and/or written decisions of a review agent required by this rule shall be maintained by the agency in the child's case record.

Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5153.166 , 5103.03
Rule Amplifies: 5153.166 , 5103.03
Prior Effective Dates: 9/28/87, 12/27/87, 1/1/89, 10/9/06

5101:2-42-94 Termination of custody of a child. [Rescinded].

Rescinded eff 4-20-08

5101:2-42-95 Obtaining permanent custody: termination of parental rights.

(A) Unless the public children services agency (PCSA) or private child placing agency (PCPA) has compelling reasons for not pursuing a request for permanent custody of a child, the agency, pursuant to section 2151.413 of the Revised Code, shall petition the court that issued the current order of disposition to request permanent custody of a child when any of the following conditions are present:

(1) A court of competent jurisdiction has determined that the parent from whom the child was removed has:

(a) Been convicted of or pleaded guilty to one of the following:

(i) An offense under section 2903.01 (aggravated murder), 2903.02(murder) , or 2903.03 (voluntary manslaughter) of the Revised Code or under existing or former law of this state, another state, or the United States that is substantially equivalent to an offense described in those sections and the victim was a sibling of the child or the victim was another child who lived in the parent's household at the time of the offense.

(ii) An offense under section 2903.11 (felonious assault), 2903.12 (aggravated assault), or 2903.13(assault) of the Revised Code or under existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense.

(iii) An offense under division (B)(2) of section 2919.22 (endangering children) of the Revised Code or under existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in that section and the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense.

(iv) An offense under section 2907.02(rape) , 2907.03 (sexual battery), 2907.04 (sexual corruption of a minor), 2907.05 (gross sexual imposition), or 2907.06 (sexual imposition) of the Revised Code or under existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense.

(v) A conspiracy or attempt to commit, or complicity to committing, an offense described in paragraph (A)(1)(a)(i) or (A)(1)(a)(iv) of this rule.

(b) Repeatedly withheld medical treatment or food from the child when the parent has the means to provide the treatment or food. If the parent has withheld medical treatment in order to treat the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body, the court or agency shall comply with the requirements of division (A)(1) of section 2151.419 of the Revised Code.

(c) Placed the child at substantial risk of harm two or more times due to alcohol or drug abuse and has rejected treatment two or more times or refuses to participate in further treatment two or more time after a case plan was developed pursuant to rule 5101:2-39-10 , 5101:2-38-05 , 5101:2-39-11 or 5101:2-40-02 of the Administrative Code, if applicable, requiring such treatment of the parent and was journalized as part of the dispositional order issued with respect to the child or an order was issued by any other court requiring such treatment of the parent.

(d) Abandoned the child pursuant to rule 5101:2-1-01 of the Administrative Code.

(e) Had parental rights involuntarily terminated pursuant to section 2151.353 (disposition of abused, neglected or dependent child), 2151.414 (hearing on motion for permanent custody), or 2151.415 (motion requesting disposition order upon expiration of temporary custody order) of the Revised Code with respect to a sibling of the child.

(2) A court of competent jurisdiction has determined the child to be a deserted child pursuant to section 2151.3520 of the Revised Code.

(3) Any PCSA or PCPA has had temporary custody of the child under one or more orders of disposition for twelve or more months (three hundred and sixty- five days or more) of a consecutive twenty-two month period ending on or after March 18, 1999. For the purpose of calculating the twelve or more months of a consecutive twenty-two month period, a child shall be considered to have entered the temporary custody of an agency on the earlier of the following:

(a) The date the child is adjudicated abused, neglected or dependent pursuant to section 2151.28 of the Revised Code.

(b) Sixty days after the child was removed from his or her home and placed into substitute care.

The PCSA or PCPA must not include trial home visits or runaway episodes when calculating the twelve of the most recent twenty-two months. Trial home visits and runaway episodes are included when calculating the twenty-two month period.

(B) The PCSA or PCPA is not required to file a motion for permanent custody of a child when one of the following is met:

(1) The PCSA or PCPA has documented in the case plan there is a compelling reason for determining that the filing of a motion to seek permanent custody of the child and terminate parental rights is not in the best interest of the child.

(2) The PCSA or PCPA has documented in the case plan that the agency has not provided the child's parent, guardian, or custodian with services outlined in the case plan which were deemed necessary for the safe return of the child to the child's home.

(C) The PCSA or PCPA shall meet with the parent to review the agency's decision to file a motion with the court to terminate parental rights. The PCSA or PCPA shall seek to amend the case plan prior to filing a motion to terminate parental rights.

(D) At the time a motion is filed with the court to obtain permanent custody of the child, the PCSA or PCPA shall submit a case plan to the court which includes a specific plan to seek an adoptive family or planned permanent living arrangement for the child and to prepare the child for adoption or permanency with a specified individual.

Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 2151.27 , 2151.413 , 2151.35
Prior Effective Dates: 3/18/99 (Emer.), 6/13/00 (Emer.), 9/7/00, 12/01/01, 10/9/06, 3/15/09