Chapter 5101:2-40 Supportive Services

5101:2-40-02 Supportive services for prevention of placement, reunification and life skills.

(A) The primary goals of all supportive services are:

(1) To respect and support the integrity of the child's family unit.

(2) To prevent placement of a child away from his or her family or caretaker.

(3) To enable a child's return home or to an alternative permanent placement.

(4) To assist a child who has attained the age of sixteen to prepare for transition from substitute care to independent living and self sufficiency.

(B) Supportive service shall be made available by the public children services agency (PCSA) to the child, his or her parent, guardian, or custodian through one or more of the following:

(1) Information and referral services to community resources.

(2) Direct services from the PCSA.

(3) Contract services from community service providers.

(4) Compact services from community service providers.

(5) Direct and indirect services from child abuse and neglect multidisciplinary teams.

(6) Direct and indirect services through the county family and children first council or county "Help Me Grow" provider.

(C) Supportive services shall be based upon the PCSA's assessment of safety and risk to the child and shall be available during all of the following:

(1) The safety planning process.

(2) The assessment/investigation process.

(3) The supervision of a child in his or her own home without court order.

(4) The protective supervision of a child as ordered by the court.

(5) The child's substitute care placement.

(6) The period immediately following reunification of the child, as appropriate.

(D) Supportive services shall be available if one or more of the following exists:

(1) The child, his or her parent, guardian, or custodian requests services, and the PCSA determines the services are necessary.

(2) The case decision or other information obtained during the assessment/investigation indicates the need for the services.

(3) The PCSA receives an order of protective supervision.

(4) The child is placed in substitute care .

(E) If one or more of the conditions listed in paragraph (D) of this rule exist, the JFS 01410 "Comprehensive Assessment and Planning Model I. S., Case Plan" (rev. 2/2006) or the JFS 01418 "Alternative Response Family Service Plan" (rev. 7/2011), shall be prepared in accordance with rules 5101:2-38-01 ,5101:2-38-05, and 5101:2-38-20 of the Administrative Code.

(F) The PCSA shall establish procedures for referring a child who is the subject of a report and is not at risk of imminent harm, to a community organization or voluntary preventive services.

(G) The PCSA may provide any of the mandated services identified in this paragraph directly, or may arrange service delivery with a community service provider:

(1) Case management services. "Case management services" are activities performed by the PCSA, private child placing agency (PCPA), private non-custodial agency (PNA) or Title IV-E agency for the purpose of providing, recording and supervising services to a child and his or her parent, guardian, custodian, caretaker or substitute caregiver.

(2) Counseling services . "Counseling services " may include one or both of the following:

(a) General counseling services performed by a PCSA or shelter for victims of domestic violence to assist a child, a child's parents, and a child's sibling in alleviating identified problems causing or may cause the child to be an abused, neglected, or dependent child.

(b) Psychiatric or psychological therapeutic counseling services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or person licensed under Chapter 4757. of the Revised Code to engage in social work or professional counseling.

(3) Diagnostic services. "Diagnostic services" are medical, psychiatric, or psychological services performed by a licensed physician, psychiatrist, psychologist, licensed professional counselor with clinical endorsement, or a licensed independent social worker for the purpose of evaluating an individual's current physical, emotional, or mental condition.

(4) "Help Me Grow" early intervention services. "Help Me Grow early intervention services" are services provided to a child under age three which can include developmental evaluations and assessments, speech and hearing services, family training and counseling, home visits, occupational or physical therapy, social and psychological services and service coordination.

(5) Emergency shelter. "Emergency shelter" is the short-term crisis placement of any child threatened or alleged to be abused, neglected, or dependent to an extent there is imminent risk to the child's life, physical or mental health, or safety.

(6) Home health aide services. "Home health aide services" are the personal care and maintenance activities provided to individuals for the purpose of promoting normal standards of health and hygiene.

(7) Homemaker services. "Homemaker services" are the professionally directed or supervised simple household maintenance or management services provided by trained homemakers or individuals to families in their own homes.

(8) Protective child care services. "Protective child care services" are services provided for a portion of the twenty-four hour day for the direct care and protection of children who have been harmed or threatened with harm, or at risk of abuse, neglect, or exploitation due to a psychological or social problem, or physical or mental handicap of a caretaker parent, or whose health or welfare is otherwise jeopardized by their home environment.

(9) Substitute care. "Substitute care" is the care provided for a child apart from his or her parent or guardian, while the child's custody is held by a PCSA or PCPA.

(10) Therapeutic services. "Therapeutic services" are medical, psychiatric or psychological services performed by licensed or certified physicians, psychiatrists, psychologists, professional counselors or independent social workers for the purpose of correcting or alleviating physical, mental, or emotional illnesses, or disorders.

(H) If the PCSA determines an emergency exists and supportive services are necessary, the PCSA shall immediately, but no later than the next business day after making this determination, make available any appropriate mandated services listed in paragraph (G) of this rule by providing or arranging the service in order to:

(1) Prevent child abuse or neglect.

(2) Prevent or eliminate the need for removal of the child from his or her home.

(3) Prevent placement of a child away from his or her kinship care family.

(4) Safely return a child to his or her parent, guardian, or custodian.

(I) The PCSA shall make available such mandated services listed in paragraph (G) of this rule by providing or arranging the service, no later than fourteen days from the earliest date of either of the following:

(1) The case plan has been signed and agreed upon by the parent, guardian, or custodian.

(2) The case plan has been journalized by the court.

(J) The PCSA shall no later than thirty days from the date the case plan is signed by the parent, guardian, or custodian or the court journalizes the case plan, if applicable, make available the mandatory services listed in this paragraph:

(1) Adoption. "Adoption" is the creation, by a court of competent jurisdiction, of parental rights and responsibilities between a child and an adult, along with the termination of all parental rights and responsibilities to the child held by any other persons, not previously surrendered or terminated by court order.

(2) Information and referral services . "Information and referral services" are services assisting any person in locating and/or using available and appropriate resources.

(3) Life skill services. "Life skill services" are a series of developmentally appropriate services or activities providing an opportunity for a child to gain the skills needed to live a self-sufficient adult life pursuant to rule 5101:2-42-19 of the Administrative Code.

(4) Unmarried parent services, as specified in rule 5101:2-42-70 of the Administrative Code.

(K) If there are barriers to the provision or arrangement of needed services, the PCSA caseworker shall identify them and have the immediate supervisor or the director review the information.

(L) The results of the supervisory review must be documented in the case record showing the services needed, and the barriers causing the PCSA's inability to provide them directly, or arrange for their provision.

(M) The PCSA shall make available a minimum of three of the following supportive services within the county:

(1) Community education services. "Community education services" are a range of public information activities designed to increase the public awareness of child abuse or neglect and to promote appropriate utilization of services.

(2) Crisis services. "Crisis services" are services provided to families in crisis situations for the purpose of providing an immediate or temporary solution to the presenting problem.

(3) Emergency caretaker services. "Emergency caretaker services" are services provided by a person placed within a child's own home to act as a temporary caretaker if the child's own caretaker is unable or unwilling to fulfill the responsibility.

(4) Employment and training services. "Employment and training services" are services designed to assist individuals in obtaining paid employment. Such services include, are not limited to, the use of social, psychological, and vocational diagnostic assessment, training, and placement.

(5) Environmental management services. "Environmental management services" are services offered to the child and his or her family or caretaker to improve physical living conditions and provide emergency funds. Such services may be provided, arranged, or ensured and include, but are not limited to, housing repair, housing location, exterminating rodents or insects, lead abatement or making available financial assistance for outstanding utility bills.

(6) Parent aide services. "Parent aide services" are supportive services provided by a person assigned to families as a role model, and providing family support for a portion of the twenty-four-hour day.

(7) Parent education services. "Parent education services" is a teaching process to assist a parent, guardian, or custodian in developing the basic skills necessary to provide adequate care and support to a child in his or her own home.

(8) Day treatment services. "Day treatment services" are services provided for a portion of the day for a child living at home or in substitute care, who is at risk, or is or has been abused or neglected, and manifests emotional, psychological, behavioral, or social problems which cannot be resolved in nonspecialized educational or developmental settings, or in specialized settings such as learning behavioral disabilities classes.

(9) Volunteer services. "Volunteer services" are services performed by a person of his or her own free will and without monetary gain or compensation.

(N) The PCSA may consider contacting the county department of job and family services (CDJFS) to determine if any services or assistance can be provided to families coming to its attention including but not limited to prevention, retention or contingency (PRC) services.

(O) Each PCSA participating in the regionalization of supportive services must identify regionalized services, and the other counties involved in the regionalization of services.

(P) If the PCSA identifies, through completion of an assessment of safety , a child is in immediate danger of serious harm because the parent, guardian, or custodian of the child has a chemical dependency problem or a chemical dependency problem is the basis for a court's determination the child is an abused, neglected or dependent child, the agency shall:

(1) Develop and implement a safety plan pursuant to rule 5101:2-37-02 of the Administrative Code in order to protect and keep the child safe.

(2) Refer the parent, guardian, or custodian to an alcohol or drug addiction program certified by the Ohio department of alcohol and drug addiction services for initial screening, assessment, treatment or testing.

(3) Notify the CDJFS of the referral if the parent, guardian, or custodian is an Ohio works first (OWF) participant in order to determine if the self-sufficiency contract needs to be amended.

(Q) The PCSA may require the parent, guardian, or custodian to reimburse the agency for the costs incurred for alcohol or drug testing if the parent, guardian, or custodian is not a recipient of medicaid.

(R) At the conclusion of a diagnostic service , the PCSA shall request a written report from the service provider. Reports involving treatment shall contain information indicating the progress the parent, guardian, or custodian and child have made to resolve areas identified in the provider's service or treatment plan. Upon receipt of the report, it shall be maintained in the case record.

(S) At a minimum of once every three months and at the conclusion of any services or treatment, the PCSA shall request written or verbal reports from all service providers. Reports shall contain information indicating the progress the parent, guardian, or custodian and child have made to resolve areas identified in the provider's service or treatment plan. Upon receipt of the report, it shall be maintained in the case record. If the report is not written, the service provider's identity, the date of the verbal report, and the content of the verbal report shall be documented in the case record.

(T) The PCSA shall document the following in the case record:

(1) Supportive service offered or provided.

(2) Supportive services planned, but not provided, and the reason the services were not provided.

(U) Services made available by the PCSA can be paid for through utilization of the following funding sources, if appropriate:

(1) Title IV-B funds.

(2) Title IV-E funds.

(3) Title XX funds, through the CDJFS.

(4) State child protection allocation.

(5) Temporary assistance for needy families (TANF) funds, through the CDJFS.

(6) Local funds.

(V) Utilization of the funding sources outlined in paragraph (U) of this rule shall be governed by the respective guidelines of each funding source.

(W) The director of the PCSA shall be responsible for submitting a letter to the appropriate Ohio department of job and family services (ODJFS) field office by January first of every year containing the following assurances:

(1) All supportive services mandated in paragraphs (G) and (J) of this rule are available to all children and families in need of services without regard to income, race, color, national origin, religion, social status, handicap, or sex.

(2) There is a commitment to maintaining and improving the quality of services for the support of families and the protection of children.

(3) There is a commitment to meeting staff resource requirements of the state and/or county civil service system.

(4) There are written policy and procedures for reviewing and resolving complaints concerning the provision of supportive services pursuant to rule 5101:2-33-20 of the Administrative Code.

(X) At the same time the director submits the letter, he or she may submit a request to obtain ODJFS approval to waive the requirement for the provision of homemaker or home health aide and/or protective child care services listed in paragraph (G) of this rule. A waiver for either or both of these services may be granted on an annual basis. In order for the waiver to be granted by ODJFS, the PCSA must provide the following information in the request for a waiver:

(1) The number of requests for the provision of protective child care services or homemaker/home health aide services received during the last year.

(2) The number of times the agency provided protective child care services or homemaker/home health aide services during the last year.

(3) Whether or not protective child care services and/or homemaker/home health aide services are available within the county, and if not, where protective child care services or homemaker/home health aide services are available in proximity to the county.

(4) The projected unit cost (per hour) for provision of protective child care services or homemaker/home health aide services.

(5) The projected total cost for county/agency provision of protective child care services or homemaker/home health aide services.

(6) The PCSA must also certify the service(s) are:

(a) Not needed by a significant number of people within the county.

(b) Not available from the PCSA or other community resources within the county.

(c) An undue or excessive cost if compared to the benefits to be derived from the service(s).

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5153.16
Rule Amplifies: 2151.412 , 2151.421 , 5153.16
Prior Effective Dates: 4/1/83, 1/1/87, 1/1/88, 1/1/89, 1/1/91, 10/1/92, 12/15/96 (Emer.), 3/31/97, 6/30/97 (Emer.), 6/17/99, 4/1/01, 6/25/04, 3/1/06, 10/1/09

5101:2-40-04 Kinship permanency incentive (KPI) program.

(A) The following definitions are applicable to this rule and supersede any definitions contained in rule 5101:2-1-01 of the Administrative Code.

(1) "Custodian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual who has legal custody of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(2) "Family" means kinship caregiver, spouse of kinship caregiver, and all of the minor children who reside in the same household.

(3) "Fraudulent incentive" means incentive funds provided to the kinship caregiver(s) as a result of fraud by the kinship caregiver(s), including an intentional violation of the program requirements. Fraudulent incentive does not include incentive payments provided due to an error of the agency in processing the application.

(4) "Gross income" means income before taxes and deductions. Exclusions of reported income are as follows and shall be deducted from the gross income of each adult responsible for reporting his or her income:

(a) Child support paid out to another custodian for a child in the other custodian's care.

(b) Up to one-hundred dollars per month of any child support received on behalf of the child for whom the kinship caregiver is applying for the KPI program.

(c) Any Ohio works first (OWF) payments.

(d) Employment income of minor children.

(e) Supplemental security income (SSI) payments.

(5) "Guardian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual that is granted authority by a probate court or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child's parents.

(6) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code, which is any of the following who is eighteen years of age or older and is caring for a child in place of the child's parents.

(a) Individuals related by blood or adoption to the child including:

(i) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great."

(ii) Siblings.

(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand."

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child.

(c) Spouses and former spouses of individuals named in paragraphs (A)(6)(a)(i) to (A)(6)(a)(iv) and (A)(6)(b) of this rule.

(d) A legal guardian of the child.

(e) A legal custodian of the child.

(7) "Minor child" has the same meaning as in 45 C.F.R. 260.30 ( 2003), which is either of the following:

(a) An individual who has not attained age eighteen.

(b) An individual who has not attained age nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(B) The KPI program is designed to promote a permanent commitment by a kinship caregiver(s) through becoming guardians and custodians over minor children who would otherwise be unsafe or at risk of harm if they remained in their own homes. KPI provides time-limited incentive payments to families caring for their kin.

(C) Eligible kinship caregiver(s) shall receive a one-time payment to defray costs of placement and may receive subsequent payments at six-month intervals to support the stability of the child's placement in the home.

(1) The maximum incentive amount may not exceed six payments per child per kinship caregiver(s).

(2) The incentive amount for the kinship caregiver(s) shall not be provided for longer than a total of thirty-six cumulative months during which time the kinship caregiver(s) meets all eligibility requirements of the program. One incentive payment is equivalent to six months of eligibility.

(D) The PCSA shall determine the kinship caregiver(s) eligible for KPI when all of the following criteria are met:

(1) On July 1, 2005 or thereafter, a court issued an order granting legal custody or guardianship to the kinship caregiver(s). A temporary court order is not sufficient to meet this requirement.

(2) The child resides with the kinship caregiver(s). If the child is on temporary leave from the kinship caregiver's home (e.g., hospitalization, mental health treatment or respite) and the kinship caregiver retains legal custody or guardianship this shall not preclude eligibility for KPI.

(3) The kinship caregiver(s) is a resident of the state of Ohio.

(4) The gross income of the kinship caregiver's family does not exceed three hundred per cent of the federal poverty guidelines.

(5) The placement has been assessed and approved by the public children services agency (PCSA) or private child placing agency (PCPA).

(a) For children placed by the PCSA or PCPA, the placement was assessed and approved pursuant to paragraphs (B) to (J) of rule 5101:2-42-18 of the Administrative Code.

(b) For children placed directly with a kinship caregiver by a court or relative, the PCSA shall assess the home in accordance with the requirements identified in paragraphs (B) and (D) to (J) of rule 5101:2-42-18 of the Administrative Code prior to the approval of KPI.

(E) When the kinship caregiver(s) submits an application for re-determination, the PCSA shall review the eligibility requirements in paragraph (D) of this rule with the kinship caregiver(s).

(1) The PCSA shall ensure that the requirements in paragraphs (D)(1) to (D)(4) of this rule continue to be met by the kinship caregiver's family.

(2) If there are any new adults in the home, the PCSA shall conduct background checks on the adult(s) pursuant to paragraphs (B)(2) and (B)(8) of rule 5101:2-42-18 of the Administrative Code.

(3) If the kinship caregiver(s) has moved to a new address, the PCSA shall ensure that the home meets the requirements listed in paragraph (B)(3) of rule 5101:2-42-18 of the Administrative Code.

(F) For each state fiscal year (SFY), the Ohio department of job and family services (ODJFS) shall determine the initial and subsequent payment amounts. At the beginning of each SFY, ODJFS shall provide notice to the PCSAs identifying the initial and subsequent payment amounts for that SFY.

(G) The PCSA in the county in which the kinship caregiver(s) resides, at the time of initial application or re-determination, is responsible for the following:

(1) Upon request of the kinship caregivers(s), providing the kinship caregiver(s) with the JFS 01501 "Application for Kinship Permanency Incentive" (rev. 7/2007).

(2) Determining eligibility for the initial incentive payment.

(3) Notifying the kinship caregiver(s) of the approval, denial or incomplete application in accordance with paragraphs (H)(1) to (H)(3) of this rule.

(4) Informing the kinship caregiver(s) that subsequent payments will require re-determination of eligibility every six months and that the kinship caregiver(s) must submit another application.

(5) Notifying the kinship caregiver(s) thirty days prior to the eligibility for a subsequent incentive payment that the kinship caregiver(s) must submit verifying documentation to enable the PCSA to determine eligibility.

(6) Determining continuing eligibility for subsequent incentive payments.

(7) Notifying the kinship caregiver(s) of the approval, denial or incomplete application for subsequent incentive payments in accordance with paragraphs (H)(1) to (H)(3) of this rule.

(8) Conducting a face-to-face interview with the kinship caregiver(s) to determine eligibility no less frequently than annually. The PCSA may waive the face-to-face interview if this proves to be a hardship for the kinship caregiver(s).

(H) The PCSA shall approve or deny the application for KPI based on criteria identified in paragraphs (D) (1) to (D)(5) of this rule and provide written notification to the kinship caregiver(s) of its decision within fifteen days of receipt of the completed JFS 01501, supporting documentation, and the results of the background checks.

(1) When sufficient information is not available to enable the PCSA to approve or deny the application for incentive payments, the PCSA shall provide the kinship caregiver(s) with JFS 01502 "Notice of Incomplete Kinship Permanency Incentive Application" (rev. 7/2007) that identifies the information needed. The PCSA shall notify the kinship caregiver(s) that if information requested is not submitted within ten days the application will be denied. This shall not prohibit the kinship caregiver(s) from reapplying.

(2) For approved applications, JFS 01503 "Notice of Approval for Kinship Permanency Incentive Funds" (7/2011) shall be completed.

(3) For denied applications, JFS 01504 "Notice of Denial for Kinship Permanency Incentive Funds" (rev. 9/2009) shall be completed.

(I) If a kinship caregiver(s) relocates to another Ohio county, the PCSA in the current county of residence is responsible for determining eligibility for subsequent incentive payments and complying with notification requirements outlined in paragraphs (G) (5) to (G)(8) of this rule. When known, the PCSA in the county in which the kinship caregiver(s) currently resides shall coordinate with the PCSA in the county of former residence in order to secure information regarding prior incentive payments. The PCSA in the county in which the kinship caregiver(s) formerly resided shall share information regarding prior incentive payments and upon request, transfer the case to the PCSA of the kinship caregiver's current county of residence.

(J) The kinship caregiver(s) is responsible for notifying the PCSA of any status change in the household that may impact eligibility; as well as notifying the PCSA of address changes.

(K) The PCSA may develop an interagency agreement with the CDJFS to assist in gathering eligibility information necessary for the PCSA to approve or deny the application.

(L) If a director of a PCSA determines that a kinship caregiver(s) has received a fraudulent incentive, the kinship caregiver(s) is ineligible to participate in the KPI program.

(M) The PCSA shall enter incentive payments for reimbursement from ODJFS into the "KPIP Webtool" within ninety days of the effective date of the incentive payment to the caregiver. Any amounts reported beyond ninety days of the effective date of the incentive payment may not be reimbursed by ODJFS.

(N) In order to confine KPI expenditures to appropriated state funds, the director of the department of job and family services, or designee, may issue an order at any time suspending the intake of any applications for KPI. During a program suspension, all applicants will be advised that a suspension is in effect. All applications will be denied during the same time that a suspension is in effect. No waiting lists will be established during the periods of suspension.

(O) The PCSA shall inform the kinship caregiver(s) of the right to request a state hearing and provide the kinship caregiver(s) with a copy of the JFS 04059 "Explanation of State Hearing Procedures" (rev. 10/08) upon approval or denial of their application. The kinship caregiver(s) has the right to request a state hearing if the PCSA denies eligibility for KPI, or the application has been acted upon erroneously, or not acted upon with reasonable promptness.

Effective: 05/04/2014
R.C. 119.032 review dates: 02/10/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.801 , 5101.802
Rule Amplifies: 5101.801 , 5101.802
Prior Effective Dates: 1/1/2006, 7/2/2007 (Emer.), 9/30/2007, 8/21/2009 (Emer.), 11/18/2009, 7/1/2011 (Emer.), 09/29/2011