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Ohio Laws and Rules
(A) The following definitions apply to this rule.
(1) “Abuse” means the infliction upon an adult by the adult or others of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish.
(2) “Adult Protective Services” (APS) means an array of services provided to adults who are at risk of abuse, neglect or exploitation. Services include but are not limited to: intake/referral, investigating reports of abuse, neglect, or exploitation, and protective services as defined in paragraph (A)(9) of this rule.
(3) “Designated Agency” means an agency designated through a contract/written agreement with the county department of job and family services (CDJFS) to perform the duties of investigating reports of suspected abuse, neglect, or exploitation; evaluating the need for, and to the extent of available funds, providing or arranging for the provision of protective services.
(4) “Emergency” means that the adult is living in conditions which present a substantial risk of immediate and irreparable physical harm or death to the adult or any other person.
(5) “Emotional Abuse” means to threaten, humiliate, intimidate, or psychologically harm an adult. This includes the violation of an adult’s right to make decisions and loss of privacy.
(6) “Exploitation” means the unlawful or improper act of a caretaker using an adult or his/her resources for monetary or personal benefit, profit or gain.
(7) “Neglect” means failure of an adult to provide for his or her own goods or services necessary to avoid physical harm, mental aguish, or mental illness or the failure of a caretaker to provide such goods or services.
(8) “Physical Abuse” means intentional use of physical force that results in bodily injury, pain or impairment.
(9) “Protective Services” means services provided by the CDJFS or its designated agency to an adult who has been determined by evaluation to require such services for the prevention, correction or discontinuance of an act of, as well as, conditions resulting from abuse, neglect or exploitation. Protective services may include, but are not limited to:
(a) Case work services.
(b) Medical care.
(c) Mental health services.
(d) Legal services.
(e) Fiscal management.
(f) Home health care.
(g) Homemaker services.
(h) Housing-related services.
(i) Guardianship services.
(j) Placement services.
(k) Commodities.
(i) Food.
(ii) Clothing.
(iii) Shelter.
(10) “Report” means a verbal or written statement received by the CDJFS from any person who has reason to believe that an adult has suffered or is suffering abuse, neglect or exploitation.
(11) “Sexual Abuse” means nonconsensual sexual contact of any kind with an adult regardless of age of the perpetrator.
(B) Pursuant to division (B) of section 5101.72 of the Revised Code, each CDJFS or the designated agency shall be required to collect and submit data to the Ohio department of job and family services (ODJFS) on information concerning the implementation of sections 5101.60 to 5101.72 of the Revised Code.
(C) The CDJFS or the designated agency shall enter the following information for each report of elder abuse, neglect, or exploitation into the APS case incident reporting system database maintained by ODJFS:
(1) Report received date.
(2) Emergency case data.
(3) Client name.
(4) Client address.
(5) Client age.
(6) Client gender.
(7) Client race.
(8) Client living arrangement.
(9) Primary allegation.
(a) Physical abuse.
(b) Emotional abuse.
(c) Sexual abuse.
(d) Self neglect.
(e) Neglected by others.
(f) Exploitation.
(10) Secondary finding (if applicable).
(11) Perpetrator relationship to the client.
(12) Perpetrator living arrangement.
(13) Law enforcement intervention.
(14) Court intervention.
(15) Allegation/finding results (case disposition).
(D) The CDJFS or the designated agency shall enter the case disposition into the automated reporting system no later than thirty days from the receipt of the report or no later than forty-five days when additional information is needed to determine a case disposition which could not be obtained within the thirty day timeframe.
Replaces: 5101:2-20-05
Effective: 06/16/2008
Promulgated Under: 111.15
Statutory Authority: 5101.72
Rule Amplifies: 5101.72
Prior Effective Dates: 10/30/06
[This rule designated an internal management rule]
(A) This rule applies only to the following public children services agencies (PCSA) participating in the alternative response pilot program: Clark, Fairfield, Franklin, Greene, Guernsey, Licking, Lucas, Ross, Trumbull, and Tuscarawas.
(B) The pilot PCSA shall assign screened in child abuse and neglect reports to either the traditional pathway or the alternative response pathway. The traditional pathway means that the pilot PCSA shall assess and investigate a child abuse and neglect report and/or provide ongoing agency services pursuant to Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative Code.
(C) The pilot PCSA shall assess and investigate the following types of reports of child abuse and/or neglect through the traditional pathway:
(1) Reports containing allegations that could result in charges of felony child endangering.
(2) Reports containing allegations that could result in charges of criminal sexual conduct.
(3) Reports containing allegations of the sexual abuse of a child or an abused child who is also a victim of sexual abuse.
(4) Reports containing allegations that could result in charges of homicide.
(5) Reports requiring a specialized assessment as identified in rule 5101:2-36-04 of the Administrative Code.
(6) Reports requiring a third party investigative procedure as identified in rule 5101:2-36-08 of the Administrative Code.
(7) Reports requiring involvement of a child advocacy center when the pilot PCSA entered into a memorandum of understanding pursuant to section 2151.426 of the Revised Code or when the child advocacy center participated in the county child abuse and neglect memorandum of understanding pursuant to rule 5101:2-33-26 of the Administrative Code.
(8) Reports containing allegations regarding a suspicious child fatality.
(D) Except as provided in paragraph (E) of this rule, the pilot PCSA shall assign screened in child abuse and neglect reports not meeting the criteria outlined in paragraph (C) of this rule to the alternative response pathway.
(E) The pilot PCSA shall follow rules contained in Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative Code for reports that are assigned to the alternative response control group.
(F) The pilot PCSA shall follow all requirements of rule 5101:9-14-04 of the Administrative Code for those child abuse and neglect reports assigned to the alternative response pathway.
(G) The pilot PCSA shall implement the following assessment and planning tools for reports assigned to the alternative response pathway:
(1) The JFS 01419 “Alternative Response Family Assessment”.
(2) The JFS 01418 “Alternative Response Family Service Plan”.
(3) The JFS 01417 “Alternative Response Family Service Plan Review”.
(4) The JFS 01423 “Alternative Response Ongoing Case Assessment”.
(5) The JFS 01422 “Alternative Response Case Closure”.
(H) The PCSA shall adhere to the following Administrative Code rules for reports assigned to the alternative response pathway:
(1) Rule 5101:2-36-01 of the Administrative Code.
(2) Rule 5101:2-36-11 of the Administrative Code.
(3) Rule 5101:2-36-13 of the Administrative Code.
(4) Rule 5101:2-36-14 of the Administrative Code.
(5) Rule 5101:2-37-01 of the Administrative Code.
(6) Rule 5101:2-37-02 of the Administrative Code.
(7) Rule 5101:2-37-04 of the Administrative Code.
(8) Rule 5101:2-38-09 of the Administrative Code.
(9) Paragraphs (B), (E)(1), (E)(3), (E)(4), (E)(5) (E)(7), and (I) of rule 5101:2-38-10 of the Administrative Code.
(I) The independent evaluator required for the alternative response pilot program may receive information from the Ohio statewide automated child welfare information system (SACWIS) as needed for the evaluation. The evaluator shall not disclose any confidential information received, unless permitted by the Ohio department of job and family services.
Effective: 06/14/2009
Promulgated Under: 111.15
Statutory Authority: Section 3 of the Am. Sub. SB 238 of the 126th
General Assembly, 5153.166
Rule Amplifies: Section 3 of the Am. Sub. SB 238 of the 126th
General Assembly, 2151.42.1
Prior Effective Dates: 7/1/08
[This rule designated an internal management rule]
(A) A pilot public children services agency (PCSA) shall conduct an assessment in response to a child abuse and/or neglect report assigned to the alternative response pathway.
(B) Upon acceptance of a child abuse and/or neglect report assigned to the alternative response pathway, the pilot PCSA shall initiate the report in accordance with the following:
(1) For an emergency report, attempt a face-to-face contact with the child subject of the report within one hour from the time the referral was screened in as a report to assess child safety.
(2) For all other reports, the pilot PCSA shall complete one of the following activities, within twenty-four hours from the time the referral was screened in as a report, with a principal of the report or collateral source, who has knowledge of the family and the child’s safety:
(a) Attempt a face-to-face contact with the parent, child or collateral source.
(b) Attempt a telephone contact with the parent or collateral source.
(c) Send a letter to the parent, guardian, or custodian acknowledging a report was received and inviting the family to engage with the pilot PCSA.
(C) The pilot PCSA shall document in the case record the date, time, and with whom the assessment was initiated. For all reports initiated by the mailing of a letter, the date the letter is mailed shall be documented in the case record.
(D) The pilot PCSA shall complete face-to-face contacts within the first four working days from the date that the report was screened in as a child abuse and/or neglect report to assess the safety of the child and complete the JFS 01401, “Comprehensive Assessment and Planning Model – I.S., Safety Assessment” pursuant to rule 5101:2-37-01 of the Administrative Code. The PCSA shall complete and document the JFS 01401 within seven working days from the date the report was screened in as a child abuse and/or neglect report. The JFS 01401 shall be maintained pursuant to rule 5101:2-33-23 of the Administrative Code until such time the statewide automated child welfare information system (SACWIS) is available for the alternative response pilot program.
(E) The pilot PCSA shall not contact a child without parental consent, unless one of the following exigent circumstances exists:
(1) There is credible information indicating the child is in immediate danger of serious harm.
(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from his or her home.
(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse or neglect in his or her home.
(4) The child requests to be contacted at school or another location due to one of the circumstances listed above.
(F) If a child is contacted without parental consent, the pilot PCSA shall attempt a face-to-face contact with the child’s parent, guardian, or custodian to inform that contact with his or her child occurred and provide the specific facts that necessitated that the child be contacted without parental consent. This face-to-face contact shall occur the same day the child was contacted.
(G) The specific facts necessitating that contact with the child be completed without parental consent shall be documented in the case record.
(H) The pilot PCSA shall complete and document face-to-face contacts with each child residing within the home of the family.
(I) The pilot PCSA shall complete and document face-to-face contacts with all adults residing within the home of the family.
(J) If the attempted face-to-face contacts with the family, as specified in paragraphs (H) and (I) of this rule are unsuccessful, the pilot PCSA shall continue, at a minimum, making attempts of face-to-face contact at least every five working days until the child is seen or until the PCSA is required to complete a case decision pursuant to paragraph (P) of this rule.
(K) The pilot PCSA shall convert a case from the alternative response pathway to the traditional response pathway when either of the following occur:
(1) The family requests a pathway change from the alternative response pathway to the traditional response pathway.
(2) The level of family engagement is insufficient to allow for the completion of the assessment process.
(L) The pilot PCSA shall advise the parent, guardian, or custodian the information contained in the report at the time of the initial contact. The initial contact between the pilot PCSA and the parent, guardian, custodian includes face-to-face or telephone contact, whichever occurs first, when information is gathered as part of the assessment process.
(M) If the pilot PCSA determines a child to be in immediate danger of serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.
(N) If the pilot PCSA has determined that a family member involved in the alternative response assessment has a language or an impairment that causes a barrier in communication (e.g., deaf or hearing impaired or limited English proficiency), the pilot PCSA shall have an interpreter present for all interactions.
(O) The pilot PCSA and the family may develop and implement the JFS 01418 “Alternative Response Family Service Plan” at any time after the assessment of safety has been conducted and the pilot PCSA and the family agree upon services.
(P) The pilot PCSA shall make a final case decision by completing the JFS 01419 “Alternative Response Family Assessment” no later than forty-five days from the date the PCSA screened in the referral as a report. The JFS 01419 shall be entered in the SACWIS once fully available for the alternative response pilot program, or placed in the case record in accordance with rule 5101:2-33-23 of the Administrative Code, within three working days from the date of the final case decision.
(Q) If the child abuse and/or neglect report involves a family member receiving services after the completion of the JFS 01419, the pilot PCSA shall make the final case decision by completing the JFS 01423 “Alternative Response Ongoing Case Assessment”. The JFS 01423 shall be completed no later than forty-five days from the date the pilot PCSA screened in the referral as a report. The JFS 01423 shall be entered in the SACWIS once fully available for the alternative response pilot, or placed in the case record in accordance with rule 5101:2-33-23 of the Administrative Code, within three working days from the date of the final case decision.
(R) When the JFS 01419 or the JFS 01423 are completed, the pilot PCSA shall do both of the following:
(1) Notify the parent, guardian, custodian of the final case decision in writing.
(2) Refer any infant who has been born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to “Help Me Grow.”
(S) Documentation of the alternative response assessment, including any materials obtained during the assessment, shall be maintained in the case record.
(T) The pilot PCSA may waive assessment activities pursuant to rule 5101:2-36-11 of the Administrative Code. Completion of the JFS 01419, JFS 01401, and/or JFS 01423 may be waived if the case decision is one of the following:
(1) Family moved; unable to complete assessment.
(2) Family moved out of county, refer to appropriate PCSA.
(3) Unable to locate.
(U) Upon reaching a case decision to open a case for continued agency service after completion of the JFS 01419, the PCSA shall do one of the following:
(1) Develop and implement a JFS 01418 no later than fifteen days from the completion date of the JFS 01419.
(2) Continue to implement the JFS 01418 previously developed after the assessment of safety.
(V) The pilot PCSA may develop a JFS 01418 or maintain an active JFS 01418 in lieu of the JFS 01410 “Comprehensive Assessment and Planning Model – I.S., Case Plan” after completion of the JFS 01419. The child’s parent, guardian, or custodian shall sign the JFS 01418.
(W) The pilot PCSA shall update the JFS 01418, obtain signatures from the child’s parent, guardian, or custodian, and provide each with a copy of the JFS 01418 when any of the following occurs:
(1) Changes in the conditions of the child.
(2) Changes in the child’s parent, guardian, custodian.
(3) Changes to the family service plan participant.
(4) Changes in the family service plan activities.
(5) Changes in the provision of supportive services.
(6) Changes regarding safety and risk to the child.
(X) The pilot PCSA shall make face-to-face contact with each parent, guardian, or custodian and child participating in and being provided services through the JFS 01418 at least monthly to monitor progress on the service plan activities. At least one contact every two months shall be made in the child’s home.
(Y) If the initial attempt to complete a face-to-face contact pursuant to paragraph (X) of this rule is unsuccessful, the pilot PCSA shall attempt to make a minimum of two additional attempts to complete the face-to-face contact within the calendar month.
(Z) When the pilot PCSA and the child’s parent, guardian, or custodian can no longer agree on the service plan the pilot PCSA shall do one of the following:
(1) Close the case.
(2) File a complaint with the court pursuant to section 2151.27 of the Revised Code if the child is or may become an abused, neglected, or dependent child; and intervention of the court is needed for the child’s protection.
(AA) The pilot PCSA shall review the progress on the service plan activities every ninety days after the completion date of the JFS 01419 by completing either the JFS 01417 “Alternative Response Family Service Plan Review” or the JFS 01413 “Comprehensive Assessment Planning Model – I.S., Case Review”, pursuant to rule 5101:2-38-09 of the Administrative Code.
(BB) The pilot PCSA shall conduct a semiannual administrative review (SAR) every one hundred eighty days from the completion date of the JFS 01419 by completing either the JFS 01417 or the JFS 01412 “Comprehensive Assessment Planning Model – I.S., Semiannual Administrative Review” pursuant to paragraphs (B), (E)(1), (E)(3), (E)(4), (E)(5), (E)(7) and (I) of rule 5101:2-38-10 of the Administrative Code.
(CC) The pilot PCSA shall encourage the participation of the child’s parent, guardian, or custodian in all family service plan reviews and may involve others, as appropriate.
(DD) The pilot PCSA shall close the case when there are no active safety threats and the pilot PCSA and family agree that services are no longer needed, and the pilot PCSA has notified the principals of the case.
(EE) The pilot PCSA shall complete the JFS 01422 “Alternative Response Case Closure” or the JFS 01413 when contact or services are provided by the pilot PCSA to the family after completion of the JFS 01419 and the case will be closed.
(FF) The pilot PCSA shall maintain copies of all JFS 01418 developed and all documentation of the face-to-face contacts, including all attempts to monitor progress on the service plan activities, in the case record pursuant to rule 5101:2-33-23 of the Administrative Code.
Effective: 06/14/2009
Promulgated Under: 111.15
Statutory Authority: Section 3 of the Am. Sub. SB 238 of the 126th
General Assembly, 5153.166
Rule Amplifies: Section 3 of the Am. Sub. SB 238 of the 126th
General Assembly, 2151.42.1
Prior Effective Dates: 7/1/08