5101:2-33-22 Access/confidentiality of child abuse and neglect information contained in the uniform statewide automated child welfare information system.

(A) Information contained in the uniform statewide automated child welfare information system is confidential pursuant to section 5101.131 of the Revised Code. Release of information other than that listed in this rule is considered unauthorized dissemination. Any person who permits or encourages the unauthorized dissemination of information contained in the uniform statewide automated child welfare information system is guilty of a misdemeanor of the fourth degree.

(B) The public children services agency (PCSA) shall ensure that any PCSA employ who has access to the uniform statewide automated child welfare information system, understands and signs a confidentiality agreement stating information on child abuse and neglect reports and case records are confidential and cannot be released unless the criteria outlined in paragraphs (C), (D) and (E) of this rule are met. The PCSA shall maintain signed confidentiality agreements on all PCSA employees.

(C) A children services agency (CSA), as defined in rule 5101:2-1-01 of the Administrative Code, may request and receive information contained in the uniform statewide automated child welfare information systemregarding principals in the CSA case when the CSA has received a report of child abuse or neglect. In an emergency situation, the requested information may be released by telephone to a verified representative of a CSA. The PCSA releasing information will verify the identity, job title and authority/job duties of the CSA representative prior to releasing any information. All of the following information shall be released:

(1) The name and role of each principal of the case registered in any prior report.

(2) The date, allegation and disposition of each report or allegation.

(3) The name and telephone number of the county PCSA that conducted an assessment/investigation or provided services for each report.

(D) Any person engaged in a research project approved by the United States department of health and human services or by ODJFS may receive information from the uniform statewide automated child welfare information system. The request for information shall be in writing and approved by the ODJFS deputy director who administers child protective services. No information released for research may contain information that might serve to identify any individual who has made a report of child abuse or neglect.

(E) Upon receipt of a request for information concerning any abuse or neglect report of a type A family day-care home from ODJFS or certification or renewal of certification as a type B family day-care home from a county department of job and family services, the PCSA shall provide child abuse and neglect information contained in the uniform statewide automated child welfare information system pursuant to division (A)(3) of section 5104.11 of the Revised Code and rule 5101:2-33-21 of the Administrative Code.

(F) A private non-custodial agency (PNA), private child placing agency (PCPA), or CSA shall submit a written request to ODJFS for a summary report of a search of the uniform statewide automated child welfare information system to assist the agency in completing its evaluation of a prospective foster or adoptive parent seeking licensure, certification, or approval.

(1) The written request must contain the following information:

(a) The agency's name, address and phone number.

(b) The name and phone number of a contact person regarding the inquiry.

(c) The applicant's name, date of birth and social security number.

(2) The summary report shall contain a chronological list of abuse and neglect determinations or allegations of which the prospective foster or adoptive parent seeking licensure, certification, or approval is subject and in regards to which a PCSA has done one of the following:

(a) Determined that abuse or neglect has occurred;

(b) Initiated an investigation, and the investigation is ongoing;

(c) Initiated an investigation, and the agency was unable to determine whether abuse or neglect occurred.

(3) The summary report cannot contain any of the following:

(a) An abuse and neglect determination of which the prospective foster or adoptive parent seeking licensure, certification, or approval is the subject and the PCSA determined that abuse or neglect did not occur.

(b) Information or reports the dissemination of which is prohibited by, or interferes with eligibility under the "Child Abuse Prevention and Treatment Act," 88 Stat (1974), 42 U.S.C. Sections 5101, 5104, and 5106a, as amended October 3, 1996;

(c) The name of the person who or entity that made, or participated in the making of the report of abuse or neglect.

(4) If the search indicates there are no allegations or reports of involvement in child abuse and/or neglect investigations or there are only unsubstantiated reports for any prospective foster or adoptive parent seeking licensure, certification, or approval or any adult household member, the summary report shall indicate that there are no substantiated or indicated reports involving the prospective foster or adoptive parent seeking licensure, certification, or approval or any adult household member in an allegation or report of involvement in a child abuse and/or neglect investigation reported to the uniform statewide child welfare information system or the central registry.

(G) An agency receiving information pursuant to this rule shall maintain the confidentiality of the information released.

(H) An individual may submit a written request to ODJFS to inquire whether his or her name has been placed or remains within the uniform statewide automated child welfare information system as the subject of a report of alleged child abuse and/or neglect. The written request must contain the original signature of the individual who is submitting the inquiry and the following:

(1) The individual's full name, including maiden and any other names utilized; address; date of birth and social security number.

(2) A copy of two of the following listed forms of identification, with at least one containing the individual's social security number:

(a) Social security card.

(b) Driver license.

(c) State identification card.

(d) Birth certificate.

(e) Passport or travel visa.

(3) In lieu of the two copies of the forms of identification required in paragraph (G)(2) of this rule, an individual may submit a notarized request containing the individual's name, address, date of birth and social security number.

Effective: 01/15/2011
R.C. 119.032 review dates: 10/05/2010 and 01/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 3107.034
Rule Amplifies: 2151.421 , 5104.11
Prior Effective Dates: 11/22/81, 1/1/90, 4/1/01, 3/01/06, 1/1/07