5101:2-39-10 PCPA case plan for children in custody or under court-ordered protective supervision.

(A) The private child placing agency (PCPA) shall develop and complete a case plan 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 PCPA files a complaint pursuant to section 2151.27 of the Revised Code alleging the child is an abused, neglected, or dependent child.

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

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

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

(5) The PCPA has not placed the child for adoption within six months after the JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) is executed without juvenile court approval for a child in the custody of the PCPA who was under the age of six months at the time the permanent surrender was executed.

(B) If initiating the case planning process, the PCPA 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 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 case plan.

(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 PCPA shall document the date and method of notification in the case record.

(C) The PCPA 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 PCPA shall file the case plan 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 case plan 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 case plan, the PCPA shall do all of the following:

(1) Specify in the case plan, 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 case plan 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) If a case plan is required pursuant to paragraph (A)(5) of this rule, the case plan shall be submitted to the court at the same time the request is made to the juvenile court to conduct a review hearing.

(H) The case plan shall serve as the permanency plan for the child.

(I) The PCPA 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 PCPA has documented that it would be contrary to the safety or well-being of the children.

(J) The visitation plan developed pursuant to paragraph (I) 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).

(K) Once the court journalizes the case plan, the parties including PCPA 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 case plan provides such notice to all parties.

(L) The PCPA 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 PCPA 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 PCPA 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.

(M) The PCPA 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 child's legal status 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, or 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 case plan.

(N) The PCPA 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 case plan.

(O) The PCPA shall record, on the case plan, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days of the agreement .

(P) If an amendment is not agreed upon by the child's 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, the PCPA shall request the court schedule a hearing to consider the amendment.

(Q) The PCPA may implement the amendment fifteen days after submittal, with or without a hearing, if the court has journalized the case plan.

(R) In an emergency situation or if a child is in immediate danger of serious harm, the PCPA 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 has been appointed.

(S) 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 PCPA shall continue to implement the change unless the court disapproves. If the court does not approve the change, the PCPA shall revert back to implementing the provisions of the journalized case plan.

(T) The PCPA shall review the progress in achieving the case plan objective and services by completing case reviews pursuant to rule 5101:2-38-09 of the Administrative Code. The PCPA shall document the case review on the JFS 01416"Semiannual Administrative Review for Private Child Placing Agencies" (rev. 9/2010) in lieu of the JFS 01413.

(U) The PCPA shall conduct semiannual administrative reviews of the case plan pursuant to rule 5101:2-38-10 of the Administrative Code. The PCPA shall document the SAR on the JFS 01416 in lieu of the JFS 01412.

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

(W) For court-ordered protective supervision cases, the PCPA 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.

(X) For cases with children in custody, the PCPA 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.

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

(Z) The PCPA may develop a supplemental plan for locating a permanent family placement for the 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.

(AA) The PCPA shall maintain a copy of the original case plan, all amendments to the case plan, 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 case record.

(BB) The PCPA shall attach the JFS 01443 "Child's Education and Health Information" (rev. 8/2010), or the PCPA form being used in lieu of the JFS 01443, containing all documentation required on the JFS 01443, to the case plan for each child residing in a substitute care setting.

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
Rule Amplifies: 2151.3522 , 2151.412
Prior Effective Dates: 1/14/83, 3/20/83, 11/1/85 (Emer.), 1/29/86 (Emer.), 1/31/86, 4/1/86, 1/1/87 (Emer.), 3/20/87, 1/1/89, 1/1/90, 10/1/97, 3/18/99 (Emer.), 6/17/99, 2/1/03, 4/17/06, 10/1/09