Chapter 5101:2-37 Assessments

5101:2-37-01 PCSA requirements for completing the safety assessment.

(A) The public children services agency (PCSA) shall complete the JFS 01401 "Comprehensive Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006) for all of the following:

(1) Intra-familial child abuse and neglect reports, including those which are screened in as a third party investigation.

(2) Dependency reports.

(3) Stranger danger investigations.

(B) The PCSA shall complete the JFS 01401 regarding the family of the alleged child victim/child subject of the report. For the purpose of completion of the JFS 01401, family includes all of the following individuals, as applicable:

(1) Alleged child victim/child subject of the report.

(2) Siblings of the alleged child victim/child subject of the report, including step or half siblings residing in the home.

(3) Parent(s), guardian, or custodian of the alleged child victim/child subject of the report.

(4) Paramour of the custodial parent, guardian, or custodian who is residing in the home.

(5) Children of the paramour residing in the home.

(6) Other children residing in the home of whom the parent, guardian, or custodian has custody or guardianship.

(7) A related or unrelated adult residing in the home who has routine responsibility for the care of the alleged child victim/child subject of the report and siblings.

(C) The PCSA shall document the assessment of safety threats, past history, child vulnerability, and family protective capacities on the JFS 01401 to determine the safety response.

(D) The PCSA shall, at a minimum, conduct a face-to-face interview with each alleged child victim/child subject of the report and at least one parent, guardian, or custodian or a caretaker having routine responsibility for the care of the alleged child victim/child subject of the report within the first four working days from the date the report was screened in as a child abuse, neglect, or dependency report to assess the safety of the child and complete the JFS 01401.

(E) If an order of shared parenting has been issued and there has not been a residential parent designated by the court, the PCSA shall complete the JFS 01401 with each alleged child victim/child subject of the report and at least the parent or caretaker having routine responsibility in the home of the parent who has physical care of the alleged child victim/child subject of the report at the time the incident occurred within the first four working days from the date the report was screened in as a child abuse, neglect, or dependency report to assess the safety of the child and complete the JFS 01401.

(F) The PCSA shall record the JFS 01401 in the statewide automated child welfare information system (SACWIS) within seven working days from the date the report was screened in as a child abuse, neglect, or dependency report.

(G) If the PCSA has attempted to make face-to-face contact with the alleged child victim/child subject of the report and at a minimum one parent, guardian, or custodian and one or more of the parties was unavailable, the PCSA shall attempt at least one additional face-to-face contact within the first four working days from the date that the referral was screened in as a report, in order to complete the JFS 01401 pursuant to paragraph (D) of this rule.

(H) If the PCSA has attempted to make face-to-face contact pursuant to paragraphs (D) and (G) of this rule with the alleged child victim/child subject of the report and his or her parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim/child subject of the report and they are unavailable, the PCSA shall do all of the following:

(1) Create and approve a request to extend the completion time frame prior to the expiration of the fourth working day time frame from the date the report was screened in as a child abuse, neglect, or dependency report pursuant to rule 5101:2-36-11 of the Administrative Code.

(2) Continue making attempts of face-to-face contact pursuant to rule 5101:2-36-03 , 5101:2-36-05 , or 5101:2-36-09 of the Administrative Code, as applicable.

(3) Complete the JFS 01401 within three working days after face-to-face contact is made with each alleged child victim/child subject of the report and the parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim/child subject of the report.

(I) If additional child abuse, neglect, and/or dependency reports are screened in for assessment/investigation after acceptance of a child abuse, neglect, and/or dependency report and prior to the completion of the initial JFS 01401, the PCSA shall do one of the following:

(1) Complete one JFS 01401 concerning all reports within four working days from the date the initial report was screened in for assessment/investigation and record the JFS 01401 in SACWIS within seven working days.

(2) Complete a JFS 01401 for each report screened in for assessment/investigation within four working days from the date each report was screened in respectively and record the JFS 01401 in SACWIS within seven working days.

(J) The completion of one JFS 01401 shall be permitted if a request for an extension of the JFS 01401 has been approved and a subsequent report has been received prior to the PCSA successfully completing the required face-to-face contacts for the assessment of safety.

(K) The PCSA shall maintain a copy of the JFS 01401 in the case record.

Effective: 03/01/2014
R.C. 119.032 review dates: 11/21/2013 and 03/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 5153.16
Rule Amplifies: 2151.421 , 5153.16
Prior Effective Dates: 3/1/06 , 10/01/09

5101:2-37-02 PCSA requirements for completing the safety plan.

(A) The public children services agency (PCSA) shall immediately develop and implement a JFS 01409 "Comprehensive Assessment Planning Model - I.S., Safety Plan for Children" (rev. 2/2006) if the PCSA determines a child is in immediate danger of serious harm.

(B) At a minimum, the PCSA shall assess all of the following to determine the degree of intervention necessary to control safety threats and protect the child:

(1) The presence of active safety threats.

(2) The vulnerability of the child.

(3) The protective capacities of the parent, guardian, or custodian.

(C) If an infant is born and identified as affected by illegal substance use or withdrawal symptoms resulting from prenatal drug exposure, the PCSA shall develop a safety plan as needed, pursuant to paragraph (D) or (P) of this rule.

(D) If, after the assessment of safety, the safety response is to implement an in-home safety plan or an out-of-home safety plan, the PCSA shall develop a safety plan utilizing the JFS 01409.

(E) The PCSA and the parent, guardian, or custodian shall mutually:

(1) Identify the action steps to control the active safety threats.

(2) Identify each individual or community resource responsible for conducting an action step specified on the safety plan.

(3) Agree to the participation of that individual or community resource on the safety plan.

(F) To implement a safety plan utilizing the JFS 01409, the PCSA shall do one of the following:

(1) Obtain signatures on the JFS 01409 from the custodial parent, legal guardian, or legal custodian and all persons responsible for a safety plan action step indicating their willingness to participate in the safety plan.

(2) If an order of shared parenting has been issued, and there has not been a residential parent designated by the court, the PCSA shall obtain agreement and signatures on the JFS 01409 of both parents.

(3) If a custodial parent, legal guardian, or legal custodian or person responsible for an action step is not present to sign the JFS 01409, the safety plan may be implemented with a verbal authorization. The PCSA shall document the date and time the verbal authorization was received.

(G) If verbal authorization is obtained the PCSA shall complete an extension pursuant to rule 5101:2-36-11 of the Administrative Code and attempt to obtain the signature(s) on the JFS 01409 within five working days from receipt of the verbal authorization. All attempts to obtain the signature(s) and the reasons why the signature(s) cannot be obtained shall be documented in the case record. The PCSA shall implement alternative safety interventions if the signature(s) cannot be obtained.

(H) The PCSA shall waive the signature of the custodial parent, legal guardian, or legal custodian outlined in paragraph (F) of this rule who is unable or unavailable to sign the safety plan if the PCSA has obtained one signature from another custodial parent, legal guardian, or legal custodian pursuant to rule 5101:2-36-11 of the Administrative Code. The reason(s) why the signature cannot be obtained shall be documented in the case record.

(I) The PCSA shall implement alternative safety interventions if a parent, guardian, or custodian or responsible person is unwilling to sign the JFS 01409.

(J) The PCSA shall monitor safety plans to ensure the action steps are controlling the identified safety threats. The monitoring plan requires the following:

(1) To monitor an in-home safety plan, the PCSA shall conduct weekly home visits. During the home visits, the PCSA shall make face-to-face contact with each child identified on the safety plan and each parent, guardian, or custodian residing in the home.

(2) To monitor an out-of-home safety plan, the PCSA shall have weekly contact with the children or persons responsible for an action step either by telephone or face-to-face. The PCSA shall have face-to-face contact with each child, parent, guardian, or custodian involved every other week.

(K) If the PCSA determines a safety threat is no longer active or is being controlled through the family's protective capacities and the child is no longer in immediate danger of serious harm, the JFS 01409 shall be discontinued. The PCSA shall notify the parent, guardian, or custodian and each responsible party in writing within two working days of the discontinuation of the JFS 01409.

(L) If the JFS 01409 is modified, the signature of all participants on the modified JFS 01409 prior to its implementation shall serve as notification.

(M) The PCSA shall not close a case if a JFS 01409 is active .

(N) The PCSA shall maintain a copy of the JFS 01409 in the case record and record the JFS 01409 in SACWIS within three working days from the date the first signature is obtained.

(O) If after the assessment of safety the safety response is to implement a legally authorized out-of-home placement, the PCSA shall contact law enforcement and/or remove the child pursuant to rule 5101:2-39-01 of the Administrative Code. Completion of the JFS 01409 is not required for a legally authorized out-of-home placement safety response.

Effective: 03/01/2014
R.C. 119.032 review dates: 11/21/2013 and 03/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 5153.16
Rule Amplifies: 2151.421 , 5153.16
Prior Effective Dates: 6/1/97, 4/1/01, 3/1/06, 10/01/09

5101:2-37-03 PCSA requirements for completing the family assessment.

(A) The public children services agency (PCSA) shall complete the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev. 7/2006) for both of the following reports:

(1) Intra-familial child abuse and neglect reports, including third party.

(2) Dependency reports.

(B) If the report identified in paragraph (A) of this rule is linked to a case currently receiving ongoing protective services from the PCSA, the PCSA shall complete the JFS 01402 "Comprehensive Assessment Planning Model - I.S., Ongoing Case Assessment/Investigation" (rev. 7/2006).

(C) The PCSA shall complete the JFS 01400 on all cases transferred for ongoing PCSA services prior to completion of the case plan pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code, except for the following family in need of services reports:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on placement of children.

(D) The PCSA shall complete the JFS 01419 "Comprehensive Assessment Planning Model - I.S., Alternative Response Family Assessment" (rev. 7/2008) for intrafamilial abuse or neglect reports assigned to the alternative response pathway.

(E) If the report identified in paragraph (D) of this rule is linked to a case currently receiving ongoing protective services from the PCSA through the alternative response pathway, the PCSA shall complete the JFS 01423 "Comprehensive Assessment Planning Model - I.S., Alternative Response Ongoing Case Assessment" (rev. 7/2008).

(F) The PCSA shall complete the JFS 01400, 01402, 01419, or 01423 regarding the family of the alleged child victim/child subject of the report. For the purpose of completing the JFS 01400, 01402, 01419, or 01423 family includes all of the following individuals, as applicable:

(1) Alleged child victim/child subject of the report.

(2) Siblings of the alleged child victim/child subject of the report, including step or half siblings residing in the home.

(3) Parent, guardian, custodian or caretaker residing in the home of the alleged child victim/child subject of the report.

(4) Paramour of the custodial parent, guardian, custodian or caretaker residing in the home.

(5) Children of the paramour residing in the home.

(6) Other children residing in the home of whom the parent, guardian, custodian or caretaker has custody or guardianship.

(7) A related or unrelated adult residing in the home having routine responsibility for care of the alleged child victim/child subject of the report and siblings.

(G) If an order of shared parenting has been issued and there has not been a residential parent designated by the court, the PCSA shall complete the JFS 1400, 01402, 01419, or 01423 on the family members residing with the custodian who has physical care of the alleged child victim/child subject of the report at the time the incident occurred.

(H) The PCSA shall complete the JFS 01400, 01402, 01419, or 01423 no later than forty-five days from the date the PCSA screened in the report. The PCSA may extend the time frame by a maximum of fifteen days if information needed to complete the JFS 01400, 01402, 01419, or 01423 cannot be obtained within forty-five days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(I) The PCSA shall complete and maintain the JFS 01400, 01402, 01419, or 01423 and the documentation to extend the time frame, if applicable, in the case record.

Effective: 03/01/2014
R.C. 119.032 review dates: 11/21/2013 and 03/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 5153.16
Rule Amplifies: 2151.421 , 5153.16
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 4/1/01, 3/1/06, 10/01/09

5101:2-37-04 PCSA requirements for completing the reunification assessment.

(A) The public children services agency (PCSA) shall complete the JFS 01404 "Comprehensive Assessment Planning Model - I.S., Reunification Assessment" (rev. 2/2006) to support and document the PCSA's assessment of the family's reunification readiness if the child has been placed out of the home through either a voluntary out-of-home safety plan or a legally authorized out-of-home placement for thirty days or more, regardless of the circumstances precipitating the child's placement out of the home or who holds custody of the child.

(B) The PCSA shall complete the JFS 01404 in accordance with the following:

(1) Prior to the reunification of a child to his removal home if the child has been out of said home for thirty days or more. This applies to both voluntary out-of-home safety plans and legally authorized out-of-home placement.

(2) The risk level is reduced to moderate or below.

(3) During the completion of the JFS 01412 "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review" (rev. 9/2012) pursuant to rule 5101:2-38-10 of the Administrative Code for a child placed out of his home for thirty days or more if any one of the following apply:

(a) An out-of-home safety plan has been implemented.

(b) The case plan goal and services are to support reunification of the child to the removal home.

(c) A legally authorized out-of-home safety plan has been implemented.

(d) Parental rights have not been terminated.

(4) No more than sixty days prior to any court hearing for a child in the PCSA's temporary custody.

(C) The PCSA shall complete the JFS 01404 to support and document the PCSA's assessment of the family's reunification readiness. The decision regarding the family's reunification readiness includes an assessment of the following:

(1) A review of child safety.

(2) Information pertaining to the parent, guardian, or custodian's compliance with court orders, if applicable.

(3) An update on:

(a) Family conditions and dynamics.

(b) Family resources, strengths, and protective capacities.

(c) Child vulnerability.

(4) Interventions necessary to support reunification.

(D) The PCSA shall complete the JFS 01404 regardless of circumstances precipitating the child's placement out of the home or who or what entity holds custody of the child.

(E) The PCSA shall maintain the JFS 01404 in the case record and record in the statewide automated child welfare information system (SACWIS).

Effective: 03/01/2014
R.C. 119.032 review dates: 11/21/2013 and 03/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.16
Rule Amplifies: 5153.16
Prior Effective Dates: 03/01/06, 10/01/09