Chapter 5101:2-38 Case Planning and Reviews

5101:2-38-01 Requirements for PCSA case plan for in-home supportive services without court order.

(A) The public children services agency (PCSA) shall develop and complete a case plan utilizing the JFS 01410 "Comprehensive Assessment Planning Model- I.S., Case Plan" (rev. 2/2006) if in-home supportive services for the child and his or her parent, guardian, or custodian are agreed upon and there is no court order.

(B) The case plan shall be based on the completion of the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev. 7/2006) providing an assessment of safety and risk to the child and any additional information obtained. Completion of the JFS 01400 is not required in order to complete a JFS 01410 case plan resulting from the following family in need of service reports:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on placement of children.

(C) The PCSA shall develop and complete the case plan no later than thirty days after whichever of the following occurs first:

(1) The case decision indicates the need for services and the parent, guardian, or custodian agrees to the provision of supportive services.

(2) The parent, guardian, or custodian voluntarily requests services and the PCSA determines that the requested services can be provided.

(D) The JFS 01410 shall be considered complete once the parent, guardian, or custodian signs the case plan indicating their agreement to participate in services.

(E) If sufficient information is not available to complete any element contained on the JFS 01410, the PCSA shall:

(1) Specify in the JFS 01410, developed pursuant to paragraph (C) of this rule, the additional information needed in order to complete all parts of the case plan and the steps to take to obtain the missing information.

(2) Obtain the missing information and complete the missing elements of the JFS 01410 no later than thirty days after the date required by paragraph (C) of this rule.

(F) The PCSA shall develop one case plan per case unless directed otherwise by an order of the court.

(G) The PCSA shall provide the child's parent, guardian, or custodian, and child, if age-appropriate, with verbal or written notification of the opportunity to participate in the development, implementation, and review of the case plan seven days or more prior to, the date the case plan is completed. The date and method of notification shall be documented in the case record.

(H) The PCSA shall obtain agreement on the contents of the JFS 01410; obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the JFS 01410.

(I) The PCSA shall complete an amendment to the JFS 01410 if:

(1) There is a change in services, participant(s), case plan goal, case plan activities, the legal status of the child, or the child is placed in out-of-home care.

(2) Completion of the JFS 01413 "Comprehensive Assessment Planning Model - I.S., Case Review" (rev. 7/2006) or the JFS 01402 "Comprehensive Assessment Planning Model - I.S., Ongoing Case Assessment Investigation Tool" (rev. 7/2006) indicates a change in the safety or risk to the child.

(J) The PCSA shall contact the child's parent, guardian, or custodian and seek an agreement for an amendment of the JFS 01410; obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the amendment within seven days of the amendment.

(K) If the PCSA completes the JFS 01410, due to placement of the child in out-of-home care, the PCSA shall submit the amendment to the court within seven days of the child's placement in out-of-home care.

(L) If the PCSA is providing in-home supportive services with no court order, the PCSA shall implement the amendment to the case plan once the parent, guardian, or custodian agrees to the change. The PCSA shall obtain signatures of the child's parent, guardian, or custodian on the amended JFS 01411.

(M) If the PCSA and the child's parent, guardian, or custodian no longer agree on the case plan, the PCSA shall do one of the following:

(1) Discontinue supportive services to the family.

(2) File a complaint with the court if the child is an abused, neglected, or dependent child; or is threatened to become abused, neglected or dependent; and intervention of the court is needed for the child's protection pursuant to rule 5101:2-42-04 of the Administrative Code.

(N) The PCSA shall review the progress on the case plan objectives by completing the JFS 01413 pursuant to rule 5101: 2-38-09 of the Administrative Code.

(O) The PCSA shall conduct a semiannual administrative review and complete the JFS 01412 "Comprehensive Assessment Planning Model - I.S., Semiannual Administrative Review" (rev. 2/2006) pursuant to rule 5101:2-38-10 of the Administrative Code.

(P) If a case review or a semiannual administrative review results in a recommendation for a case plan amendment, the PCSA shall involve the child's parent, guardian, or custodian in the development and review of the amendment.

(Q) At any time the PCSA determines a child is in immediate danger of serious harm, the PCSA shall do one or more of the following:

(1) Immediately develop and complete, JFS 01409 "Comprehensive Assessment Planning Model: I.S., Safety Plan for Children" (rev. 2/2006) pursuant to rule 5101:2-37-02 of the Administrative Code.

(2) Contact law enforcement.

(3) Take immediate steps for the emergency removal of the child pursuant to rule 5101:2-39-01 of the Administrative Code.

(R) The PCSA shall make face-to-face contact with each parent, guardian, or custodian, and child participating in and being provided services through the JFS 01410 no less than monthly to monitor progress on the case plan objectives.

(1) The PCSA shall have at least one contact every other month in the child's home.

(2) The PCSA shall document home visits, attempts, and all contacts in the case activity log.

(S) If the initial attempt to complete a face-to-face contact pursuant to paragraph (R) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contact within the calendar month.

(T) The PCSA shall complete the following tasks to close a case:

(1) Assess there are no active safety threats and the overall level of risk is reduced.

(2) Determine the case may be closed.

(3) Notify parties to the case plan of the intent to close the case.

(4) Complete the JFS 01411 "Comprehensive Assessment Planning Model - I.S., Amended Case Plan Cover Sheet" (rev. 2/2006) and a representative of the PCSA signs the form.

(U) The PCSA shall maintain a copy of the original JFS 01410, all amendments, and documentation of the face-to-face contacts, including all attempts, to monitor progress on the case plan objectives in the case record pursuant to rule 5101:2-33-23 of the Administrative Code.

Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03
Rule Amplifies: 2151.412 , 2151.421 , 5103.03 , 5153.16
Prior Effective Dates: 11/1/85 (Emer.), 1/31/86, 1/1/87, 9/28/87 (Emer.), 12/23/87 (Emer.), 3/15/88, 7/1/88 (Emer.), 9/1/88, 1/1/89, 10/1/90, 6/1/97, 4/1/01, 9/19/05, 3/1/06

5101:2-38-02 Protective supervision by PCSAs.

(A) If a public children services agency (PCSA) files a complaint with the court requesting an order of protective supervision, the agency shall also request the court impose reasonable restrictions on the child and the child's parent, guardian, or custodian, or any other person, as needed. Reasonable restrictions include, but are not limited to:

(1) Ordering a parent, guardian, or custodian, within forty-eight hours after the issuance of the order, to vacate the child's home indefinitely or for a specified period of time.

(2) Ordering a parent, guardian, or custodian to prevent a particular person from contact with the child.

(3) Restraining or otherwise controlling the conduct of any person if his or her conduct is not in the best interest of the child.

(B) For each child under an order of protective supervision:

(1) The PCSA shall prepare and maintain a JFS 01410 "Comprehensive Assessment Planning Model - I.S., Case Plan" (rev. 2/2006) pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code.

(2) The PCSA shall make available appropriate supportive services to the child and the parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent. The PCSA shall comply with rule 5101:2-40-02 of the Administrative Code if providing supportive services.

(3) The PCSA shall complete the JFS 01413 "Comprehensive Assessment Planning Model - I.S., Case Review" (rev. 7/2006) pursuant to rule 5101:2-38-09 of the Administrative Code for any case involving an order of protective supervision.

(4) The PCSA shall complete a JFS 01412 "Comprehensive Assessment Planning Model - I.S., Semiannual Administrative Review" (rev. 2/2006) pursuant to rule 5101:2-38-10 of the Administrative Code for any case where there is involving an order of protective supervision.

(C) No later than one year after the date the complaint was filed or the child was placed in shelter care, whichever is earlier, the PCSA shall file a written request with the court to either terminate, or extend for six months, the order of protective supervision.

(D) The PCSA shall provide written notice of the proposed extension or termination to all parties of the case plan and the child's guardian ad litem no later than the close of business of the day after the day of filing.

(E) If the PCSA requests termination of the order, the agency shall file a written status report setting out the facts supporting termination of the order at the time the request is filed with the court.

(F) The PCSA has seven days from the date the court sends a notice of its proposed action, to object to and request a hearing on the proposed extension or termination.

(G) If the court grants an extension of the order for protective supervision the PCSA may, prior to termination of the extension, file with the court a request for one additional extension of six months or for termination of the order.

Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03
Rule Amplifies: 2151.412 , 2151.421 , 5103.03
Prior Effective Dates: 1/14/83, 3/20/83, 3/21/83, 11/1/85 (Emer.), 1/1/86, 1/29/86 (Emer.), 1/31/86, 4/1/86 (Emer.), 1/1/87, 3/20/87, 9/28/87 (Emer.), 12/23/87 (Emer.), 3/15/88, 7/1/88 (Emer.), 9/1/88, 1/1/89, 10/1/90, 7/1/92, 9/1/93, 6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 12/1/01, 1/1/02, 09/19/05, 3/1/06

5101:2-38-05 PCSA case plan for children in custody or under protective supervision.

(A) The public children services agency (PCSA) shall develop and complete a case plan utilizing the JFS 01410 "Comprehensive Assessment Planning Model - I.S., Case Plan" (rev. 2/2006) if services are provided to the child in his or her own home or in a substitute care setting and one of the following occurs:

(1) The PCSA files a complaint pursuant to section 2151.27 of the Revised Code alleging the child is an abused, neglected, or dependent child.

(2) The PCSA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCSA to provide protective supervision for a child living in his or her own home.

(4) The court orders the PCSA to place the child in a planned permanent living arrangement.

(B) If initiating the case planning process, the PCSA shall:

(1) Provide verbal or written notification to the following parties of their responsibility to work with the agency in jointly developing, implementing, and reviewing the case plan utilizing the JFS 01410 no fewer than seven days prior to the date the case plan is completed:

(a) Child's parent, guardian, or custodian.

(b) Pre-finalized adoptive parent, if applicable.

(c) Guardian ad litem and/or court appointed special advocate, if one has been appointed.

(d) Child, if age appropriate.

(e) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined by the child's tribe, if applicable. Services in the community specifically designed for the Indian family are to be used if available, including resources of the extended family, the tribe, Indian organizations, tribal family service programs and individual Indian caregivers.

(2) Work with all parties on the development, implementation, and review of the case plan; attempt to obtain agreement on the contents of the case plan by the parties mentioned in paragraph (B)(1) of this rule and provide each party with a copy of the JFS 01410.

(3) Inform all parties, if agreement cannot be obtained on the contents of the case plan, presented evidence on the contents of the case plan at the dispositional hearing and the court will determine the contents of the case plan based upon the evidence presented.

(4) Provide the substitute caregiver, including a relative or kin caregiver fulfilling this role, verbal or written notification of the opportunity to participate in the development, implementation, and review of the case plan no fewer than seven days prior to the date the case plan is completed. The date and method of notification shall be documented in the case record.

(C) The PCSA shall develop one case plan per case unless directed otherwise by an order of the court.

(D) If a case plan is developed pursuant to paragraph (A) of this rule, the PCSA shall file the JFS 01410 with the court based upon whichever of the following occurs first:

(1) No later than thirty days from the date the complaint was filed or the child was placed in shelter care.

(2) Prior to the adjudicatory hearing on the complaint.

(E) The JFS 01410 shall be considered complete once the court journalizes the case plan.

(F) If sufficient information is not available to complete any element contained on the JFS 01410, the PCSA shall do all of the following:

(1) Specify in the JFS 01410 developed pursuant to paragraph (D) of this rule, the additional information needed in order to complete all parts of the case plan and the steps needed to obtain the missing information.

(2) Obtain the missing information and complete the missing elements of the JFS 01410 no later than thirty days after the date required by paragraph (D) of this rule.

(3) Submit the case plan to the court based upon whichever of the following occurs first:

(a) Thirty days after the adjudicatory hearing on the complaint.

(b) The date of the dispositional hearing on the complaint.

(G) The JFS 01410 shall be based on the completion of the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev. 7/2006).

(H) Completion of the JFS 01400 is not required to complete a case plan resulting from the following family in need of service intakes:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on placement of children.

(I) The JFS 01410 shall serve as the permanency plan for the child.

(J) The JFS 01410 shall include a written visitation plan for siblings removed from their home and not jointly placed. The visitation plan shall provide for regular, ongoing visitation and interaction between the siblings no less than monthly unless the PCSA has documented that it would be contrary to the safety or well-being of the children.

(K) The visitation plan developed pursuant to paragraph (J) of this rule shall include a description of the following:

(1) Efforts made by the agency to place the siblings together and why those efforts were unsuccessful.

(2) Identification of any sibling who is not included in the visitation plan and an explanation of why visitation or interaction with the child would be contrary to the safety or well-being of the other sibling(s).

(L) Once the court journalizes the JFS 01410, the parties including PCSA staff, are bound by the provisions outlined in the case plan. Failure to comply with the case plan by any party to the case plan may result in a finding of contempt of court. The JFS 01410 provides such notice to all parties.

(M) The PCSA shall request a change in the case plan, not limited to child's placement and visitation rights, by filing the proposed change with the court.

(1) The PCSA shall provide written notice of the proposed change to all affected parties including the guardian ad litem and/or court appointed special advocate.

(a) Notification shall be provided no later than the close of business of the day after the proposed change is filed with the court.

(b) All parties to the case plan, and the guardian ad litem, and/or court appointed special advocate may object to the change and request a court hearing on the proposed change within seven calendar days of the filing with the court.

(2) The PCSA may implement the amendment fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(N) The PCSA shall contact the child's parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and the guardian ad litem and/or court appointed special advocate and seek prior agreement for any amendment to the case plan if any of the following occurs:

(1) The conditions of either the child or his or her parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the legal status of the child or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; returned to his or her parent, guardian, custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of sixteen and independent living and life skill services are offered.

(5) A change in the visitation plan for a child .

(6) A party must be added or deleted from the JFS 01410.

(O) The PCSA shall attempt to obtain the signatures of the parent, guardian, custodian, or if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, if an amendment is made to the JFS 01410.

(P) The PCSA shall record, on the JFS 01410, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days of the agreement.

(Q) If an amendment is not agreed upon by the child's parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, the PCSA shall request the court schedule a hearing to consider the amendment.

(R) The PCSA may implement the amendment fifteen days after submittal, with or without a hearing, if the court journalizes the JFS 01410.

(S) In an emergency situation or if a child is in immediate danger of serious harm, the PCSA shall:

(1) Implement the change and amend the case plan.

(2) Notify all parties, the child's guardian ad litem, and the court of the change no later than the next working day after the change is implemented.

(3) File a statement of the change with the court within three days after the change is implemented.

(4) Give notice of the filing along with a copy of the statement within three days of the change to the child's parent, guardian, custodian, or pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one is appointed.

(T) In an emergency situation, all parties to the case plan and the guardian ad litem and/or court appointed special advocate have ten days to object to the change in the case plan and to request a court hearing regarding the change . If the objection and request for a hearing is filed with the court, the PCSA shall continue to implement the change unless the court disapproves. If the court does not approve the change, the PCSA shall revert back to implementing the provisions of the journalized case plan.

(U) Notification and participation of the child or parent is not required in the development of the case plan or any amendments to the case plan if a child has been adjudicated as a deserted child.

(V) For court-ordered protective supervision cases, the PCSA shall :

(1) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(2) Complete at least one contact every other month in the child's home.

(W) For cases with children in custody, the PCSA shall :

(1) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(2) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(3) Complete at least one contact every other month in the parent, guardian, or custodian's, or if applicable, pre-finalized adoptive parent's home.

(X) If the initial attempt to complete face-to-face contact pursuant to paragraph (V) or (W) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contacts within the calendar month.

(Y) The PCSA may suspend home visits with the parent, guardian, or custodian of a child in PCSA custody if conducting visits in the home presents a threat to the safety of the caseworker. A written justification to suspend visits in the home shall be documented in the case record and shall include all of the following:

(1) Identification of the specific threat to the caseworker's safety and the person posing the threat.

(2) Documentation of other measures taken to assure worker safety prior to suspension of home visits.

(3) The anticipated length of time home visits are to be suspended.

(4) The signature of the executive director or his or her designee authorizing suspension of home visits.

(Z) If home visits are suspended pursuant to paragraph (Y) of this rule, the PCSA shall complete face-to-face contact with the parent, guardian, or custodian of the child no less than monthly in a location assisting in ensuring the safety of the caseworker.

(AA) The PCSA shall review the progress in achieving the case plan objectives and services by completing the JFS 01413 "Comprehensive Assessment Planning Model - I.S., Case Review" (rev. 8/2010) pursuant to rule 5101:2-38-09 of the Administrative Code.

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

(CC) The PCSA may develop a supplemental plan for locating a permanent family placement for a child concurrently with reasonable efforts to preserve and reunify families. The supplemental plan shall not be considered a part of the case plan. Any supplemental plan shall be discussed and reviewed with the parent, guardian, or custodian. The supplemental plan does not require agreement or approval by the parties.

(DD) The PCSA shall maintain a copy of the original JFS 01410, all amendments to the JFS 01410, all supplemental plans, and all documentation of the face-to-face contacts, including all attempts to monitor progress on the case plan objectives, in the child's case record in accordance with rule 5101:2-33-23 of the Administrative Code.

(EE) The PCSA shall attach the JFS 01443 "Child's Education and Health Information" (8/2010), to the JFS 01410 for each child placed in a substitute care setting.

(FF) The PCSA shall close the case if all of the following occur:

(1) There are no active safety threats and the overall level of risk is reduced.

(2) The court has ordered the case closed.

(GG) Upon determining case closure the PCSA shall complete all of the following:

(1) Notify all parties of the case closure.

(2) Complete and sign the JFS 01411 "Comprehensive Assessment Planning Model -I.S., Amended Case Plan Cover Sheet" (rev. 2/2006).

(3) File the JFS 01411 with the court in accordance with paragraph (I) of this rule.

Effective: 12/31/2010
R.C. 119.032 review dates: 09/16/2010 and 12/01/2015
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03
Rule Amplifies: 2151.412 , 2151.421 , 5103.03
Prior Effective Dates: 1/14/83, 3/20/83, 3/21/83, 11/1/85 (Emer.), 1/1/86, 1/29/86 (Emer.), 1/31/86, 4/1/86 (Emer.), 1/1/87, 3/20/87, 9/28/87 (Emer.), 12/23/87 (Emer.), 3/15/88, 7/1/88 (Emer.), 9/1/88, 1/1/89, 10/1/90, 7/1/92, 9/1/93, 6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 12/1/01, 09/19/05, 3/1/06, 10/1/09

5101:2-38-08 Child's education and health information.

(A) The public children services agency (PCSA) shall complete and distribute the JFS 01443 "Child's Education and Health Information" (rev. 8/2010) form when a child is placed in a substitute care setting, or at the time the case plan document is completed pursuant to rule 5101:2-38-05 of the Administrative Code, whichever occurs first.

(B) The PCSA shall complete and distribute the JFS 01443 when any of the following occur:

(1) A semiannual administrative review is conducted pursuant to rule 5101:2-38-10 of the Administrative Code.

(2) Any time there is a placement change.

(3) Any time there is a change in or update to the health or education information required on the JFS 01443.

(C) The JFS 01443 shall contain the most recent information available regarding a child's medical history including, but not limited to, the following:

(1) Name(s) and address(es) of the child's health care provider(s).

(2) Child's known medical problems.

(3) Child's medications.

(4) A record of the child's immunizations.

(5) Any other pertinent health information concerning the child such as:

(a) Child's medication allergies and any other known allergies.

(b) Childhood illnesses.

(c) Child's last physical, optical, and dental exams.

(D) The JFS 01443 shall contain the most recent information available regarding a child's educational placement and services at the time of each substitute care placement or placement change including, but not limited to, the following:

(1) Name and address of the child's educational provider at the time of placement.

(2) Name(s) and address(es) of the child's current educational provider(s), if the child did not remain in the school the child was attending at the time of placement.

(3) Documentation of efforts made to maintain the child in the same school the child was attending at the time of placement, or reasons why remaining in the same school was not in the child's best interest.

(4) Documentation that the current educational setting is appropriate for the child's needs or that the agency is working to arrange immediate enrollment in an appropriate educational setting.

(5) Child's grade level performance.

(6) Child's school records, including, but not limited to the following:

(a) Child's grade level.

(b) Disciplinary and behavior issues.

(c) Attendance.

(7) Any other pertinent educational information concerning the child's educational placement and services, including, but not limited to the following:

(a) Special education requirements.

(b) Any developmental delays or learning disabilities.

(E) If there are circumstances in which the most recent health and education records are unavailable, the PCSA shall provide written documentation on the JFS 01443 describing the reasons why this information is unavailable, and the steps being taken by the PCSA to obtain such information. Upon receiving the updated information, the PCSA shall complete the JFS 01443 within three working days.

(F) The PCSA shall provide the parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and the substitute caregiver with a copy of the completed JFS 01443 at the time the case plan document is completed pursuant to rule 5101:2-38-05 of the Administrative Code and any time the JFS 01443 is updated pursuant to paragraphs (B) and (E) of this rule. A copy of the updated form shall be provided to the parent, guardian, or custodian, or if applicable pre-finalized adoptive parent, and substitute caregiver no later than seven calendar days after the PCSA received the information and completed the JFS 01443.

(G) The PCSA shall provide foster children aging out of the system with a copy of the JFS 01443 free of charge and document the activity in the case record.

(H) If the PCSA determines sharing identifying information contained on the JFS 01443 may result in adverse or negative consequences to the child, the PCSA may delete any information identifying the current school of attendance or the medical provider from the copy of the JFS 01443 form provided to the parent, guardian, or custodian. A statement providing full explanation of the reasons for not sharing this information shall be contained in the PCSA case record prepared pursuant to rule 5101:2-33-23 of the Administrative Code.

(I) The PCSA shall maintain a copy of the JFS 01443 in the case record.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2015
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03 , 5153.16
Rule Amplifies: 2151.412 , 2151.421 , 5103.03 , 5153.16
Prior Effective Dates: 7/1/92, 5/1/93, 10/1/97, 4/1/01, 3/1/06, 4/17/06, 12/1/07, 10/1/09, 12/31/10

5101:2-38-09 PCSA requirements for completing the case review.

(A) Each public children services agency (PCSA) required to prepare a case plan for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code, shall complete the JFS 01413"Comprehensive Assessment and Planning Model - I.S., Case Review" (rev. 7/2006) for the case plan no later than every three months from whichever of the following activities occurs first:

(1) Original court complaint date.

(2) Date of placement.

(3) Date of court ordered protective supervision.

(4) Date of parent, guardian, or custodian's signature on the case plan, for in-home supportive services only.

(B) The purpose of the case review is to ensure continued efforts are made to:

(1) Assess child safety.

(2) Evaluate whether risk to the child is lowered or increased.

(3) Evaluate the effectiveness of supportive services offered and provided to the child, his or her parent, guardian, custodian, or pre-finalized adoptive parent, or substitute caregiver.

(4) Identify barriers to the provision of services.

(5) Prevent placement, if possible, of the child in out-of-home care, assist in reunifying the child with his or her parent, guardian, or custodian, or establish a permanent placement for the child.

(C) The PCSA shall continue to complete the JFS 01413 no later than every three months from the date established pursuant to paragraph (A) of this rule. The PCSA shall review cases utilizing the JFS 01413 more frequently based upon PCSA policy or if the PCSA determines case circumstances require it.

(D) The PCSA shall complete the JFS 01413 in conjunction with the semiannual administrative review according to the time frames outlined in rule 5101:2-38-10 of the Administrative Code.

(E) The PCSA shall complete the JFS 01413 at the time of case closure unless:

(1) The case is closed within thirty days after completion of the prior JFS 01413 and the intent to close the case is documented on the JFS 01413.

(2) The case is closed prior to completion of the case plan and the timeframe for completion has not lapsed pursuant to paragraph (C) of rule 5101:2-38-01 or paragraph (D) of rule 5101:2-38-05 of the Administrative Code.

(F) If a JFS 01413 safety response is for the PCSA to modify or discontinue and the child is out of the home thirty days or more, the PCSA shall 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.

(G) The PCSA shall maintain a copy of the JFS 01413 in the case record.

Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 2151.416 , 5153.16
Rule Amplifies: 2151.416 , 5153.16
Prior Effective Dates: 03/1/06

5101:2-38-10 Requirements for completing the semiannual administrative review.

(A) Each public children services agency (PCSA) required to prepare a case plan for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code shall complete the JFS 01412 "Comprehensive Assessment and Planning Model -I.S., Semiannual Administrative Review" (rev. 9/2012) for the case plan no later than every six months from whichever of the following activities occurs first:

(1) Original court complaint date.

(2) Date of placement.

(3) Date of court ordered protective supervision.

(4) Date of parent, guardian, or custodian's signature on the case plan for in-home supportive services only.

(B) The PCSA shall complete the JFS 01412 no later than every six months from the date the first semiannual administrative review (SAR) is completed pursuant to paragraph (A) of this rule.

(C) The PCSA shall complete the SAR no more than thirty days prior to the due date.

(D) The PCSA shall complete the JFS 01413 "Comprehensive Assessment and Planning Model - I.S., Case Review" (rev. 8/2010) in conjunction with the JFS 01412.

(E) A court hearing may take the place of a SAR if all of the following requirements are met:

(1) The hearing is held in time to comply with paragraph (A) of this rule.

(2) Notification is made to all required participants pursuant to paragraphs (J) and (K) of this rule.

(3) During the hearing, the court addresses each of the issues stated in paragraph (O) or (P) of this rule.

(4) The court hearing documents each issue either on the JFS 01412 or by journal entry.

(F) The PCSA shall document the date that each child, who has attained the age of sixteen, received a copy of their consumer credit report and was assisted with the following:

(1) Interpreting the credit report.

(2) Resolving inconsistencies.

(G) The PCSA shall complete the activities outlined in paragraph (F) of this rule at the first SAR held after the effective date of this rule or at the first SAR held after the child attains the age of sixteen, and no less than annually thereafter.

(H) For in-home supportive services cases, the SAR shall be conducted by a review panel of at least two people, including but not limited to:

(1) Caseworker with day-to-day responsibility for, or familiarity with, the management of the child's case plan.

(2) A supervisor or designee.

(I) For protective supervision and substitute care cases, a review panel shall conduct the SAR. The review panel shall have at least three people, including, but not limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the child's case plan.

(2) A person, not responsible for the management of the child's case plan, or for the delivery of services to the child, his or her parent, guardian, or custodian, or pre-finalized adoptive parent, or substitute caregiver.

(3) A supervisor or designee.

(J) The SAR shall consist of a meeting with the review panel, as defined in paragraph (H) or (I) of this rule, and the following individuals:

(1) The child's parent, guardian, or custodian, unless the child is in permanent custody.

(2) The pre-adoptive parent of the child in an adoptive placement.

(3) The child, if age appropriate.

(4) The guardian ad litem and/or court appointed special advocate, if one has been appointed.

(5) The child's substitute caregiver, including the relative providing care for the child, if applicable.

(6) The child's attorney, if applicable.

(7) The Indian child's tribe and Indian child's custodian(s) as defined by the child's tribe, if applicable.

(K) The PCSA shall provide written notification, including the date, time, and place for the SAR.

(L) If a parent, guardian, or custodian, guardian ad litem, or substitute caregiver of the child cannot be located after reasonable efforts to do so; declines to participate in the SAR after being contacted; or fails to appear for the scheduled review, the PCSA does not have to include him or her in the review.

(M) For a child adjudicated as a deserted child, notification and participation of the child and parent in the SAR is not required.

(N) The PCSA shall prepare a written summary for each SAR required for a child receiving in-home supportive services using the JFS 01412. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk, and/or circumstances requiring the PCSA to provide supportive services to the child/family.

(2) A conclusion regarding the appropriateness of the supportive services provided to the child and his or her parent, guardian, or custodian.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) An estimated date by which in-home supportive services may be terminated.

(5) Description of how the child's current placement provides for the child's specific safety needs and meets the child's basic and special needs.

(6) The PCSA's recommendation regarding the child's custody arrangement for the next six month period.

(7) A summary of why in-home supportive services shall be continued or terminated.

(8) The names of all parties participating in the SAR.

(O) The PCSA shall prepare a written summary for each SAR required for a child under protective supervision using the JFS 01412. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk and/or circumstances requiring the PCSA to assume protective supervision of the child.

(2) A conclusion regarding the appropriateness of the supportive services provided to the child and his or her parent, guardian, or custodian.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) A summary of why protective supervision must be continued or terminated.

(5) An estimated date protective supervision may be terminated.

(6) Description of how the child's current placement provides for the child's specific safety needs and meets the child's basic and special needs.

(7) The PCSA's recommendation regarding the child's custody arrangement for the next six-month period.

(8) The names of all parties participating in the SAR.

(P) The PCSA shall prepare a written summary for each SAR required for a child in substitute care using the JFS 01412. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk, and/or circumstances requiring the PCSA to assume temporary custody of the child.

(2) A conclusion regarding the appropriateness of supportive services provided to the child and/or his or her parent, guardian, or custodian, or pre-finalized adoptive parent or substitute caregiver.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) Evaluation of whether services provided to the child and his or her parent, guardian, or custodian will help the child return to a safe environment, if applicable.

(5) Description of how the child's current placement is appropriate and provides for the child's specific safety needs and meets the child's basic and special needs.

(6) A summary of the ongoing efforts to identify an appropriate potential relative or kin placement.

(7) An estimated date the child may be returned and safely maintained at home, placed with a relative or other suitable non-relative, placed in a planned permanent living arrangement, placed for adoption or finalized in an adoptive home, or prepared for independent living.

(8) A determination of whether a child with a dispositional status of planned permanent living arrangement should continue in that status or whether the agency shall file a motion with the court requesting permanent custody of the child.

(9) The extent of progress made towards meeting the needs of the child in a planned permanent living arrangement or in the permanent custody of the agency.

(10) A determination of whether a supplemental plan needs to be developed to address locating a permanent family placement for the child which may be made concurrently with reasonable efforts to safely return the child to his or her own home.

(11) If a supplemental plan is developed, indicate the agency's progress toward implementation and whether any amendments need to be made.

(12) A plan to review the life skill services to assist a child attaining the age of sixteen to prepare for the transition from substitute care to independent living pursuant to rule 5101:2-42-19 of the Administrative Code.

(13) The PCSA's recommendation regarding the child's custody arrangement for the next six-month period.

(14) The names of all parties participating in the SAR.

(15) The PCSA's recommendation regarding termination of parental rights for the child who is in the temporary custody of a PCSA for twelve or more of the previous twenty-two consecutive months.

(16) An update of the JFS 01443, "Child's Education and Health Information" (rev. 8/2010) attached to the case plan pursuant to rule 5101:2-38-05 or 5101:2-42-66.2 of the Administrative Code.

(Q) The PCSA shall file with the court a copy of the SAR summary for court involved cases no later than seven days after completion of the SAR and shall include a copy of the amended case plan, if an amendment was completed.

(R) For court involved cases, the PCSA shall provide a copy of the SAR summary to all parties of the SAR and the guardian ad litem and/or court appointed special advocate before the end of the next day after filing the summary with the court. A copy of the SAR summary shall be maintained in the case record no later than fourteen days after the completion of the SAR.

(S) At the time the PCSA provides a copy of the SAR summary to all parties and the guardian ad litem and/or court appointed special advocate, the agency shall also indicate, in writing, all parties who participated in the SAR and the guardian ad litem and/or court appointed special advocates shall have seven days from notice of filing the required SAR summary with the court to object to proposed changes made in the case plan as a result of the SAR and request a hearing on the proposed change. The substitute caregiver or relative providing care for the child are not considered parties to the SAR.

(T) For in-home supportive services cases, the PCSA shall provide a copy of the SAR summary to all parties participating in the SAR no later than seven days after completion of the SAR.

(U) The PCSA shall maintain a copy of the JFS 01412 in the case record.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2015
Promulgated Under: 119.03
Statutory Authority: 2151.416
Rule Amplifies: 2151.416
Prior Effective Dates: 1/14/83, 11/01/85, 1/31/86, 1/01/89, 1/01/90, 1/01/91, 7/01/92, 6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 12/1/01, 3/1/06, 10/1/09, 12/31/10

5101:2-38-20 Public children services agencies requirements for child abuse and neglect reports receiving on-going services in alternative response.

(A) This rule applies to public children services agencies (PCSAs) that received training and written approval from the Ohio department of job and family services (ODJFS) to participate in alternative response.

(B) The PCSA shall implement the following planning and review tools for screened in child abuse and neglect reports assigned to the alternative response pathway to receive ongoing services:

(1) The JFS 01418 "Alternative Response Family Service Plan" (rev. 3/2011).

(2) The JFS 01417 "Alternative Response Family Service Plan Review" (rev. 3/2011).

(3) The JFS 01423 "Alternative Response Ongoing Case Assessment" (rev. 7/2008).

(C) The PCSA shall do one of the following upon reaching a case decision to continue PCSA services after completion of the JFS 01419 "Alternative Response Family Assessment" (rev. 7/2008):

(1) Develop and implement a JFS 01418 with the parent, guardian or custodian no later than thirty days from the completion date of the JFS 01419.

(2) Develop and implement a JFS 01410 "Comprehensive Assessment and Planning Model - I.S., Case Plan" (rev. 2/2006) pursuant to rule 5101:2-38-01 of the Administrative Code.

(3) Continue to implement the JFS 01418 previously developed after the assessment of safety.

(D) The PCSA shall obtain signatures from the child's parent, guardian, or custodian on the JFS 01418 or JFS 01410. The PCSA shall provide each with a copy of the JFS 01418 or JFS 01410.

(E) The PCSA shall update the JFS 01418 or JFS 01410, when changes occur regarding any of the following:

(1) The conditions of the child.

(2) The family service plan participants.

(3) The family service plan activities.

(4) The provision of supportive services.

(5) The safety or risk to the child.

(F) The PCSA shall seek agreement and obtain signatures from and provide a copy of the updated JFS 01418 or JFS 01410 to the child's parent, guardian, or custodian within seven days of the update.

(G) The 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 or JFS 01410, at least two times each month to monitor progress on the service plan activities. At least one contact every two months shall be made in the child's home.

(H) If the initial attempt to complete a face-to-face contact pursuant to paragraph (G) of this rule is unsuccessful, within the calendar month the PCSA shall attempt to make a minimum of two additional attempts to complete the face-to-face contact.

(I) If the PCSA and the child's parent, guardian, or custodian can no longer agree on the service plan, the 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.

(J) The PCSA shall convert a case from the alternative response pathway to the traditional response pathway when either of the following occurs:

(1) The family requests a pathway change from the alternative response pathway to the traditional response pathway.

(2) The PCSA files a complaint with the juvenile court pursuant to section 2151.27 of the Revised Code alleging the child is or may become an abused, neglected or dependent child.

(K) The 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 or the JFS 01413 "Comprehensive Assessment Planning Model - I.S., Case Review" (rev. 2/2006), pursuant to rule 5101:2-38-09 of the Administrative Code.

(L) The 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.

(M) The PCSA shall complete the JFS 01417 or the JFS 01412 "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review (SAR)" (rev 2/2006) no later than every six months from completion of the JFS 01419. Written notification, including the date, time, and place for the SAR, shall be provided to the child, if age appropriate, and the child's parent, guardian, or custodian.

(N) The SAR shall, at a minimum, include the following individuals:

(1) A caseworker who has a connection with the family and knowledge of the family service plan.

(2) A supervisor or designee.

(O) The PCSA shall invite the following individuals to participate in the SAR:

(1) The child's parent, guardian, or custodian.

(2) The child, if age appropriate.

(P) If the PCSA determines a child to be in immediate danger of serious harm during the provision of ongoing services, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(Q) The PCSA shall close the case when all of the following occur:

(1) The PCSA has determined there are no active safety threats.

(2) The PCSA and family agree that services are no longer needed.

(3) The PCSA has notified the principals of the case of the closure.

(4) The PCSA has completed the JFS 01417 or JFS 01413 documenting the intent to close the case.

(R) The PCSA shall maintain a copy of the original JFS 01418 or JFS 01410, all updates, documentation of face-to-face contacts, including all attempts to monitor progress of the case plan objectives and any JFS 01417 in the case record pursuant to rule 5101:2-33-23 of the Administrative Code.

Effective: 07/01/2011
R.C. 119.032 review dates: 07/01/2016
Promulgated Under: 119.03
Statutory Authority: Sec. 309.45.10 of Am. Sub. H.B. 1 of the 128th General Assembly, 5153.166
Rule Amplifies: Sec. 309.45.10 of Am. Sub. H.B. 1 of the 128th General Assembly