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| Rule |
Rule 5101:2-36-01 | Intake and screening procedures for child abuse, neglect, dependency and family in need of services reports; and information and/or referral intakes.
Effective:
September 1, 2024
(A) A public children services agency
(PCSA) is to attempt to obtain, at a minimum, the following information from a
referent/reporter making a referral regarding child safety, risk of child
maltreatment or need for services to determine an intake category and arrive at
a screening decision. Receipt of all the following information is not required
to screen in a report or to categorize the information as information and/or
referral: (1) The name(s) and
address(es) of the child and the child's parent(s), guardian(s), or
custodian(s) and all household members. (2) The child's
age. (3) The child's and
any other individual's race and ethnicity. (4) The type, extent,
frequency, duration, and incident date(s) of the abuse, neglect, or dependency,
as applicable. (5) Alleged perpetrator's access to
the child, if applicable. (6) The child's current
condition. (7) The child's current
location. (8) Circumstances regarding the abuse,
neglect, or dependency or the circumstances indicating a need for PCSA
services. (9) Information regarding any evidence of
previous injuries, abuse, or neglect. (10) Any other information that might be
helpful in establishing the cause of the known or suspected injury, abuse, or
neglect or the known or suspected threat of injury, abuse, or neglect or the
case circumstances that support the family is in need of PCSA
services. (B) The PCSA is not to delay making the
screening decision if waiting for written information from the
referent/reporter. (C) All information reported to a PCSA
alleging known or suspected child abuse, neglect, or dependency, or indicating
a family is in need of PCSA services is to be recorded in Ohio's
comprehensive child welfare information system (CCWIS) as an intake in
accordance with the following: (1) Referral information
received is to be recorded in Ohio's CCWIS no later than the next working
day from the date of the receipt of the referral information. (2) The original date and
time the referral information is received by the PCSA is to be reflected in
Ohio's CCWIS including the actual date and time of the screening
decision. (D) The PCSA is to categorize the information received into
one of the following intake categories: (1) Child abuse and/or
neglect report. (a) Physical abuse, in accordance with section 2151.031 of the
Revised Code. (b) Sexual abuse, in accordance with section 2151.031 of
the Revised Code and Chapter 2907. of the Revised Code. (c) Emotional maltreatment/mental injury, in accordance
with section 2151.011 or 2151.031 of the Revised Code. (d) Neglect, in accordance with section 2151.03 of the
Revised Code. (2) Dependency report.
Dependent child, as defined in section 2151.04 of the Revised
Code. (3) Family in need of
services report according to rule 5101:2-36-10 of the Administrative
Code. (4) Post emancipation
report, young adult services, for young adults who have emancipated from any
PCSA, private child placing agency (PCPA), or children services agency (CSA) on
or after attaining the age of eighteen, in accordance with rule 5101:2-42-19.2
of the Administrative Code. (5) Information and/or referral, pursuant
to rule 5101:2-1-01 of the Administrative Code, if paragraph (D)(1), (D)(2),
(D)(3), or (D)(4) of this rule do not apply. (E) When a PCSA receives a referral of a substance
affected infant, the PCSA is to attempt to gather all information needed for a
plan of safe care/ family care plan as defined in rule 5101:2-1-01 of the
Administrative Code. (F) The PCSA will not screen out any referral of a
substance affected infant if: (1) The plan of safe
care/ family care plan information listed in paragraph (E) of this rule is not
obtained. (2) The plan of safe
care/ family care plan has not been developed. (3) The plan of safe
care/family care plan is not adequate to address the safety of the
infant. (G) If the family has an active
protective service alert (PSA) pursuant to rule 5101:2-36-14 of the
Administrative Code and the current referral contains updated contact
information that may allow the ability to locate the family, the PCSA is to
screen in the current referral due to the PSA. The PCSA is to
assess/investigate the concerns related to the PSA in addition to any concerns
needing an assessment/investigation in the current referral. The PCSA is to
cancel the PSA in accordance with rule 5101:2-36-14 of the Administrative Code
upon locating the family. (H) The PCSA is to complete the screening decision and
determine the immediacy of need for any agency response to ensure child safety
within twenty-four hours from receipt of the information and following the
categorization of the referral information in accordance with paragraphs
(D)(1), (D)(2), (D)(3), and (D)(4) of this rule. (I) If the PCSA screens out a referral of abuse or neglect
that occurred or is occurring in an out-of-home care setting pursuant to rule
5101:2-1-01 of the Administrative Code, the PCSA is to notify licensing and
supervising authorities by the next working day of the screening decision
pursuant to section 2151.421 of the Revised Code. (J) The PCSA may refer families with
screened out referrals to prevention service providers pursuant to sections
2151.421 and 2151.423 of the Revised Code. (K) PCSAs are to assign reports screened in and categorized
pursuant to paragraph (D)(1) of this rule to one of the following
pathways: (1) Traditional response,
pursuant to Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative
Code. (2) Alternative response,
pursuant to rules 5101:2-36-20 and 5101:2-38-20 of the Administrative
Code. (L) The PCSA is to assign the following types of reports of child
abuse and/or neglect to the traditional response pathway: (1) Physical abuse resulting in serious
injury or that creates a serious and immediate risk to a child's health
and safety. (2) Reports containing allegations of the
sexual abuse of a child. (3) Reports requiring a specialized
assessment as identified in rule 5101:2-36-04 of the Administrative
Code. (4) Reports requiring a third party
investigative procedure as identified in rule 5101:2-36-08 of the
Administrative Code. (5) Reports containing allegations of
known or suspected child abuse or neglect resulting in a child fatality or near
fatality. (M) All referral information categorized as information and/or
referral pursuant to paragraph (D)(5) of this rule is to be screened out. The
PCSA is to identify which of the following activities was completed by the
PCSA. (1) Directed/advised to
contact non-PCSA service provider within the county. (2) Directed/advised to
contact non-PCSA service provider outside the county. (3) Provided information
only/no referral made. (4) Additional
information received on an open case that is not alleging abuse or neglect of a
child. (N) No later than seven calendar days
after the screening decision, the PCSA is to provide written notification to
all referents who are mandated reporters in accordance with section 2151.421 of
the Revised Code. (O) The PCSA is to make a cross-referral
to law enforcement pursuant to rule 5101:2-36-12 of the Administrative
Code. (P) The PCSA may refer the referent/reporter to the county
prosecutor pursuant to the county child abuse and neglect memorandum of
understanding developed pursuant to sections 2151.4220 to 2151.4234 of the
Revised Code. (Q) Additional child abuse and/or neglect allegations
screened in within the first four working days of the acceptance of a child
abuse and/or neglect report and prior to the completion of an assessment of
safety with the child and the parent/caretaker, may be added to the initial
report and assessed/investigated concurrently with the allegations received
initially. The date and time the subsequent report was received along with the
reporter information is to be recorded in Ohio's CCWIS. (R) Additional child abuse and/or neglect allegations
screened in after the first four working days of the acceptance of the previous
child abuse and/or neglect report or after completion of the assessment of
safety are to be recorded as a subsequent child abuse and/or neglect report and
are subject to the requirements contained in rules 5101:2-36-03, 5101:2-36-04,
5101:2-36-05, and 5101:2-36-20 of the Administrative Code.
Last updated September 3, 2024 at 9:05 AM
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Rule 5101:2-36-02 | PCSA requirements for determining lead agency for screening and assessments/investigations.
Effective:
September 1, 2024
(A) The lead public children services
agency (PCSA) or children services agency (CSA) is to be determined according
to the following preferential order: (1) The PCSA or CSA
located in the county in which the alleged child victim/child subject of the
report has a residence or legal settlement. A child has the same residence or
legal settlement as their parent, legal guardian, or custodian who stands in
loco parentis pursuant to section 2151.06 of the Revised Code. (2) The PCSA or CSA
located in the county in which the alleged child abuse, neglect, and/or
dependency occurred. (3) The PCSA or CSA
located within the county in which a juvenile court has jurisdiction over an
active participant of the case. (4) The PCSA receiving
the referral if the PCSA is unable to determine the lead PCSA or CSA within
twenty-four hours from receipt of the information. (B) If the PCSA determines that another
PCSA or CSA should be the lead PCSA or CSA before making the screening
decision, the PCSA is to make a referral to the other PCSA or CSA upon making
that determination. (C) If the assigned PCSA determines after
the screening decision but before a case is filed in court that another PCSA or
CSA is the lead PCSA or CSA, the assigned PCSA is to ensure safety of the
alleged child victim(s)/child subject(s) of the report and notify the other
PCSA or CSA of the screened in report and the assessment/investigation
activities completed pursuant to paragraph (D) of this rule within one working
day of determining the other PCSA or CSA is the lead PCSA or CSA. The PCSA is
to confirm with the other PCSA acceptance or denial of the case within one
working day. (D) If requested by the lead PCSA either
verbally or in writing, the non-lead PCSA located in a non-contiguous county is
to conduct interviews with any principals of the report and collateral sources
presently located within its county to provide the lead PCSA with the
information necessary to complete all needed assessment/investigation
activities pursuant to Chapters 5101:2-33, 5101:2-36, and 5101:2-37 of the
Administrative Code.
Last updated September 3, 2024 at 9:05 AM
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Rule 5101:2-36-03 | PCSA requirements for intra-familial child abuse and/or neglect assessment/investigations.
Effective:
September 1, 2024
(A) A public children services agency
(PCSA) is to conduct an intra-familial child abuse and/or neglect
assessment/investigation in response to a child abuse and/or neglect report if
one or more of the following applies: (1) The alleged
perpetrator is a member of the alleged child victim's family. (2) The alleged
perpetrator is known to the family or child and has had access to the alleged
child victim, whether or not the access was known or authorized by the
child's parent, guardian or custodian. (3) The alleged
perpetrator is involved in daily or regular care for the alleged child victim,
excluding a person responsible for the care of a child in an out-of-home care
setting. (B) An intra-familial
assessment/investigation is to involve a third party if a principal named in
the report poses a conflict of interest for the PCSA pursuant to rule
5101:2-36-08 of the Administrative Code. (C) The PCSA is to make a cross-referral
to law enforcement pursuant to rule 5101:2-36-12 of the Administrative
Code. (D) The PCSA may request the assistance of law enforcement
during an assessment/investigation if one or more of the following situations
exist and the reason for contacting law enforcement is documented in
Ohio's comprehensive child welfare information system
(CCWIS): (1) The agency has reason
to believe that the child is in immediate danger of serious harm. (2) The agency has reason
to believe that the worker is, or will be, in danger of harm. (3) The agency has reason
to believe that a crime is being committed, or has been committed against a
child. (4) The assistance of law
enforcement needs to be invoked in accordance with the county child abuse and
neglect memorandum of understanding. (E) No later than seven calendar days
after the screening decision, the PCSA is to provide written notification to
all referents who are mandated reporters in accordance with section 2151.421 of
the Revised Code. (F) The PCSA is to initiate the screened in child abuse
and/or neglect report in accordance with the following: (1) For an emergency
report, attempt a face-to-face contact with the alleged child victim within one
hour from the time the referral was screened in, to assess child safety and
interview the alleged child victim. (2) For all other
reports, complete one of the following within twenty-four hours from the time
the referral was screened in, to assess child safety: (a) Attempt a face-to-face contact with the alleged child
victim. (b) Complete telephone contact with a parent, guardian,
custodian, or collateral source who has knowledge of the alleged child
victim's current condition, and can provide current information about the
child's safety. (G) If the alleged child victim is an
infant or nonverbal child, who is currently in a hospital setting and is not
scheduled for discharge within seventy-two hours from the time the referral is
screened in, contact as described in paragraph (H) of this rule can be made
virtually or by phone prior to discharge with the direct medical staff who is
providing care for the infant or child and is able to provide information
regarding the alleged child victim's safety. (H) The PCSA is to, at minimum, complete face-to-face
contacts and interview each alleged child victim and at least one parent,
guardian, custodian, or caretaker to assess child safety and complete the
"Safety Assessment" pursuant to rule 5101:2-37-01 of the
Administrative Code. Attempts to conduct these face-to-face interviews are to
be completed as follows, until the needed face-to-face contacts and interviews
are completed: (1) The PCSA is to
attempt face-to-face contact with the alleged child victim and a parent,
guardian, custodian, or caretaker within the first four working days from the
date the referral was screened in. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (H)(1) of this
rule is unsuccessful, the PCSA is to attempt at least one additional
face-to-face contact within the first four working days from the date the
referral was screened in. (3) If the attempted face-to-face
contacts described in paragraphs (H)(1) and (H)(2) of this rule are
unsuccessful, the PCSA is to, at a minimum, continue making face-to-face
attempts at least every five working days until any of the following occur:
(a) Contacts are made, (b) The parent, guardian, or custodian refuses contact and
the PCSA files a complaint in juvenile court, or (c) The PCSA needs to make a report disposition pursuant to
paragraph (V)(2) of this rule. (I) The PCSA will not interview the alleged child victim or
another child who resides in the home without a parent, guardian, or
custodian's consent, unless one of the following exigent circumstances
exists: (1) There is credible
information indicating the child is in immediate danger of serious harm or can
provide information regarding immediate danger of serious harm. (2) There is credible
information indicating that the child will be in immediate danger of serious
harm upon return home from school or other locations away from their
home. (3) There is credible
information indicating that the child may be intimidated from discussing the
alleged abuse or neglect in their home. (4) The child requests to
be interviewed at school or another location due to one of the circumstances
listed in this paragraph. (J) The specific facts necessitating that investigative
interviews of a child be conducted without a parent, guardian, or
custodian's consent are to be documented in Ohio's
CCWIS. (K) If a child is interviewed without a parent, guardian, or
custodian's consent, then the same day, the PCSA is to attempt a
face-to-face contact or complete a telephone contact with the child's
parent, guardian, or custodian to inform them that an interview of the child
occurred and provide the specific facts that necessitated the child be
interviewed without a parent, guardian, or custodian's
consent. (L) If the attempt to contact the
child's parent, guardian, or custodian pursuant to paragraph (K) of this
rule is unsuccessful, the PCSA is to continue to attempt to complete
face-to-face contact with the child's parent, guardian or custodian once
every five working days until contact is made with the child's parent,
guardian, or custodian, or until the PCSA needs to make a report disposition
pursuant to paragraph (V)(2) of this rule. (M) The PCSA need not interview a child if it is documented
in Ohio's CCWIS that the child does not have sufficient verbal skills or
additional interviewing would be detrimental to the child. (N) The PCSA is to advise the parent,
guardian, or custodian of the information contained in the report at the time
of the initial contact. The initial contact between the PCSA and the parent,
guardian, or custodian includes face-to-face or telephone contact, whichever
occurs first, if information is gathered as part of the assessment
process. (O) The PCSA is to advise the alleged
perpetrator of the allegations made against them at the time of the initial
contact with the person. The initial contact between the PCSA and the alleged
perpetrator of the report includes the first face-to-face or telephone contact,
whichever occurs first, if information is gathered as part of the
assessment/investigation process. (P) The PCSA is to conduct and document face-to-face
interviews with the alleged perpetrator, unless law enforcement or the county
prosecutor will interview the alleged perpetrator pursuant to the procedures
delineated in the county child abuse and neglect memorandum of
understanding. (Q) The PCSA is to conduct and document face-to-face or telephone
interviews with any person identified as a possible source of information
during the assessment/investigation to obtain relevant information regarding
the safety of and risk to the child. The PCSA is to exercise discretion in the
selection of collateral sources to protect the privacy of the principals of the
report. (R) The PCSA is to take any other actions necessary to assess
safety and risk to the child. These actions may include, but are not limited
to: (1) Taking photographs of
areas of physical injury on the child's body. (2) Taking photographs of
the child's environment with the parent, guardian, or custodian's
consent. (3) Attempting to secure
a medical examination or psychological evaluation or both of the child with
consent of the child's parent, guardian, or custodian or with a court
order. (4) Attempting to secure
any relevant records, including but not limited to school, mental health, and
medical records. (S) For all reports involving a substance
affected infant as defined in rule 5101:2-1-01 of the Administrative Code the
PCSA is to: (1) Ensure the plan of
safe care/family care plan has been developed. (2) Ensure the plan of
safe care/family care plan addresses the safety needs of the
infant. (3) Ensure the plan of
safe care/family care plan addresses the health and substance use disorder
treatment needs of the affected family or caregiver. (T) At any time the PCSA determines a child to be in immediate
danger of serious harm, the PCSA is to follow procedures outlined in rule
5101:2-37-02 of the Administrative Code. (U) If the PCSA determines supportive services are necessary, the
supportive services are to be made available to the child and/or the
child's parent, guardian, or custodian pursuant to procedures established
in rule 5101:2-40-02 of the Administrative Code. (V) No later than sixty calendar days
from the date the PCSA screened in the referral, the PCSA is to: (1) At minimum, complete
face-to-face contact and interview the family of the alleged child victim/child
subject of report residing in the home. Family includes all individuals
identified in rule 5101:2-37-03 of the Administrative Code. (2) Complete the report
disposition. (3) Arrive at a final
case decision by completing either: (a) The "Family Assessment" pursuant to rule
5101:2-37-03 of the Administrative Code; or (b) The "Ongoing Case Assessment/Investigation"
if the child abuse and/or neglect report involves a principal of the report who
is currently receiving ongoing protective services from the PCSA. (W) The PCSA will not waive the completion of the report
disposition. (X) The PCSA is to request assistance from the county
prosecutor, the PCSA's legal counsel, and/or the court if refused access
to the alleged child victim or any records necessary to conduct the
assessment/investigation. (Y) The PCSA is to have an interpreter present for all
interviews if the PCSA has determined that a principal of the report has any
factor that causes a barrier in communication, including but not limited to a
principal of the report who is deaf or hearing impaired, limited English
proficiency or is developmentally delayed. (Z) No later than five business days after completion of
the assessment/investigation, the PCSA will do the following as
applicable: (1) Notify the alleged
child victim, unless the child is not of an age or developmental capacity to
understand; and the child's parent(s), guardian(s), or custodian(s) of the
report disposition and final case decision. (2) Notify the alleged
perpetrator in writing of the report disposition; the right to appeal; the
PCSA's appeal process including timeframes; and the method by which the
alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20
of the Administrative Code. (3) Refer all children
under the age of three to "Help Me Grow" for early intervention
services if there is a substantiated report of child abuse or neglect
regardless of the child's role in the report. (4) Refer any substance
affected infant as defined in rule 5101:2-1-01 of the Administrative Code to
"Help Me Grow." (5) Notify all
participants involved in the plan of safe care/family care plan identified on
the current release of information signed by the infant's parent,
guardian, or custodian of the final case decision. The final decision includes
whether the case will be transferred for ongoing PCSA services, closed and
referral made to community services, or closed. The following plan of safe
care/family care plan participants are to be notified: (a) Parents, guardians, custodians or other caregivers for the
infant. (b) Health care providers involved in the delivery or care of the
infant. (c) Collaborating professional partners and agencies involved in
caring for the infant and family. (6) Notify the child's non-custodial
parent, who holds residual parental rights to the child and maintains an
ongoing relationship through visitation with the child and/or payment of child
support, of the receipt of the report, the report disposition, and the case
decision. (7) Document in Ohio's CCWIS, the
date and method of notification to the principals of the report of the above
listed activities. (AA) No later than seven
calendar days from the date of the completion of the report disposition, the
PCSA is to provide written notification to all referents who are mandated
reporters in accordance with section 2151.421 of the Revised Code. (BB) The PCSA is to follow procedures set forth in rule
5101:2-36-07 of the Administrative Code if the report involves alleged
withholding of medically indicated treatment from a disabled infant with
life-threatening conditions. (CC) The assessment/investigation documentation and any
materials obtained as a result of the assessment/investigation are to be
maintained in the case record. If any information gathering activity cannot be
completed, justification and the approval of the director or the designee are
to be documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of
the Administrative Code.
Last updated September 3, 2024 at 9:05 AM
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Rule 5101:2-36-04 | PCSA requirements for conducting a specialized assessment/investigation.
Effective:
September 1, 2024
(A) The public children services agency
(PCSA) is to conduct a specialized assessment/investigation if the child abuse
and/or neglect report involves an alleged perpetrator who meets one or more of
the following criteria: (1) Is a person
responsible for the alleged child victim's care in an out-of-home care
setting as defined in rule 5101:2-1-01 of the Administrative Code. (2) Is a person
responsible for the alleged child victim's care in out-of-home care as
defined in section 2151.011 of the Revised Code. (3) Has access to the
alleged child victim by virtue of their employment by or affiliation to an
organization as defined in section 2151.011 of the Revised Code. (4) Has access to the
alleged child victim through placement in an out of home care
setting. (B) A specialized
assessment/investigation is to have a third party if a principal named in the
report poses a conflict of interest for the PCSA pursuant to rule 5101:2-36-08
of the Administrative Code. (C) The PCSA is to cross-refer the abuse
and/or neglect report to law enforcement pursuant to rule 5101:2-36-12 of the
Administrative Code. (D) No later than seven calendar days
after the screening decision, the PCSA is to provide written notification to
all referents who are mandated reporters in accordance with section 2151.421 of
the Revised Code. (E) If a specialized assessment/investigation of an abuse
and/or neglect report involves multiple alleged child victims from multiple
cases, the PCSA is to complete a separate assessment/investigation for each
case. The "Specialized Assessment and Investigation" is to be
completed for each case. (F) The PCSA is to initiate the screened in child abuse
and/or neglect report in accordance with the following: (1) For an emergency
report, attempt a face-to-face contact with the alleged child victim within one
hour from the time the referral was screened in, to assess child safety and
interview the alleged child victim. (2) For all other
reports, complete one of the following within twenty-four hours from the time
the referral was screened in, to assess child safety: (a) Attempt a face-to-face contact with the alleged child
victim. (b) Complete telephone contact with a parent, guardian,
custodian, or collateral source who has knowledge of the alleged child
victim's current condition, and can provide current information about the
child's safety. (G) If the alleged child victim is an
infant or nonverbal child, who is currently in a hospital setting and is not
scheduled for discharge within seventy-two hours from the time the referral is
screened in, contact as described in paragraph (H) of this rule can be made
virtually or by phone prior to discharge with the direct medical staff who is
providing care for the infant or child and is able to provide information
regarding the alleged child victim's current condition and can provide
current information about the alleged child victim's safety. (H) The PCSA is to, at minimum, complete
face-to-face contacts and interview each alleged child victim and at least one
parent, guardian, custodian, or caretaker to assess child safety and complete
the "Safety Assessment" pursuant to rule 5101:2-37-01 of the
Administrative Code. Attempts to conduct these face-to-face interviews are to
be completed as follows, until the needed face-to-face contacts and interviews
are completed: (1) The PCSA is to
attempt face-to-face contact with the alleged child victim and a parent,
guardian, custodian, or other caretaker within the first four working days from
the date the referral was screened-in. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (H)(1) of this
rule was unsuccessful, the PCSA is to attempt at least one additional
face-to-face contact within the first four working days from the date the
referral was screened-in. (3) If the attempted
face-to-face contacts described in paragraphs (H)(1) and (H)(2) of this rule
are unsuccessful, the PCSA is to, at minimum, continue making face-to-face
attempts at least every five working days until any of the following
occur: (a) Contacts are made, (b) The parent, guardian, or custodian refuses contact and
the PCSA files a complaint in juvenile court, or (c) The PCSA needs to make a report disposition pursuant to
paragraph (X)(1) of this rule. (I) If a child abuse and/or neglect report involves an
alleged child victim, or another child who resides with the alleged child
victim, who is not in the custody of a PCSA or PCPA, the PCSA will not
interview the child without the child's parent, guardian, or
custodian's consent unless one of the following exigent circumstances
exists: (1) There is credible
information indicating the child is in immediate danger of serious harm or can
provide information regarding immediate danger of serious harm. (2) There is credible
information indicating that the child will be in immediate danger of serious
harm upon return home from school or other locations away from
home. (3) There is credible
information indicating that the child may be intimidated from discussing the
alleged abuse or neglect in their home. (4) The child requests to
be interviewed at school or another location due to one of the circumstances
listed in this paragraph. (J) The specific facts necessitating that
assessment/investigative interviews of a child be conducted without the
child's parent, guardian, or custodian's consent are to be documented
in Ohio's comprehensive child welfare information system
(CCWIS). (K) If a child who is not in the custody of a PCSA or PCPA is
interviewed without a parent, guardian, or custodian's consent, then the
same day, the PCSA is to attempt a face-to-face or complete a telephone contact
with the child's parent, guardian, or custodian to inform them that an
interview of their child occurred and provide the specific facts that
necessitated the child be interviewed without a parent, guardian, or
custodian's consent. (1) If the attempt to
contact the child's parent, guardian, or custodian pursuant to this
paragraph is unsuccessful, the PCSA is to continue to attempt to contact the
child's parent, guardian or custodian once every five working days until
contact is made with the child's parent, guardian, or custodian, or until
the PCSA makes a report disposition pursuant to paragraph (X)(1) of this
rule. (2) The PCSA is to
document in Ohio's CCWIS the date and time of the contact, or attempted
contacts. (L) No later than the next working day from the date the
referral was screened in, the PCSA is to notify the out-of-home care setting
licensing and supervising authorities pursuant to section 2151.421 of the
Revised Code. (M) The PCSA is to advise the parent, guardian, or
custodian of the information contained in the report at the time of the initial
contact. The initial contact between the PCSA and the parent, guardian, or
custodian includes face-to-face or telephone contact whichever occurs first, if
information is gathered as part of the assessment process. (N) The PCSA is to conduct and document all face-to-face
interviews with the alleged perpetrator, unless law enforcement or the county
prosecutor will interview the alleged perpetrator pursuant to the procedures
delineated in the county child abuse and neglect memorandum of understanding,
in order to assess their knowledge of the allegation. (O) The PCSA is to advise the alleged perpetrator of the
allegations made against them at the time of the initial contact with the
person. The initial contact between the PCSA and the alleged perpetrator of the
report includes the first face-to-face or telephone contact, whichever occurs
first, if information is gathered as part of the assessment/investigation
process. (P) The PCSA is to conduct and document face-to-face or
telephone interviews with any person identified as a possible source of
information during the assessment/investigation to obtain relevant information
regarding the safety of and risk to the child. The PCSA is to exercise
discretion in the selection of collateral sources to protect the privacy of the
principals of the report. (Q) The PCSA is to take any other actions necessary to
assess safety and risk to the child. These actions may include, but are not
limited to: (1) Taking photographs of areas of
physical injury on the child's body. (2) Taking photographs of the
child's environment with the consent of the out-of-home setting
administrator. (3) Attempting to secure a medical
examination or psychological evaluation, or both, of the child with the consent
of the child's parent, guardian, or custodian or with a court
order. (4) Attempting to secure
any relevant records, including but not limited to school, mental health, and
medical records, and incident reports in an out-of-home care
setting. (R) The PCSA need not interview a child if it is documented
in Ohio's CCWIS that the child does not have sufficient verbal skills, or
additional interviewing would be detrimental to the child. (S) At any time the PCSA determines a child is in immediate
danger of serious harm, the PCSA is to follow procedures outlined in rule
5101:2-37-02 or 5101:2-39-03 of the Administrative Code. (T) If the PCSA determines supportive services are
necessary, the supportive services are to be made available to the child and/or
the child's parent, guardian, or custodian pursuant to procedures
established in rule 5101:2-40-02 of the Administrative Code. (U) The PCSA is to request assistance from the county
prosecutor, the PCSA's legal counsel, or the court if refused access to
the alleged child victim or any records necessary to conduct the specialized
assessment/investigation. (V) The PCSA is to have an interpreter present for all
interviews if the PCSA has determined that a principal of the report has any
factor that causes a barrier in communication, including but not limited to a
principal of the report who is deaf or hearing impaired, has limited English
proficiency or is developmentally delayed. (W) For all reports involving a substance affected infant
pursuant to rule 5101:2-1-01 of the Administrative Code, the PCSA is
to: (1) Ensure the plan of
safe care/family care plan has been developed. (2) Ensure the plan of
safe care/family care plan addresses the safety needs of the
infant. (3) Ensure the plan of
safe care/family care plan addresses the health and substance use disorder
treatment needs of the affected family or caregiver. (X) No later than sixty calendar days
from the date the PCSA screened in the referral, the PCSA is to: (1) Complete the report
disposition. (2) Arrive at a final
case decision by completing the "Specialized Assessment and
Investigation." (Y) Investigative activities conducted independently by
other agencies do not relieve the PCSA of its responsibility for concluding an
assessment/investigation in accordance with this rule. The PCSA will not waive
the completion of the report disposition. (Z) No later than three days from the
date of the completion of the report disposition, the PCSA is to notify the
out-of-home care entity's representative pursuant to section 2151.421 of
the Revised Code and the out-of-home care entity's licensing
authority. (AA) No later than five business days after completion of
the specialized assessment/investigation, the PCSA is to do all of the
following as applicable: (1) Notify the alleged
child victim, unless the child is not of an age or developmental capacity to
understand, and the child's parent(s), guardian(s), or custodian(s) of the
report disposition and the final case decision. (2) Notify the alleged
perpetrator in writing of the report disposition; the right to appeal; the
PCSA's appeal process including timeframes; and the method by which the
alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20
of the Administrative Code. (3) Refer all children
under the age of three to "Help Me Grow" for early intervention
services if there is a substantiated report of child abuse or neglect
regardless of the child's role in the report. (4) Refer any substance
affected infant pursuant to rule 5101:2-1-01 of the Administrative Code to
"Help Me Grow." (5) Notify all
participants involved in the plan of safe care/family care plan and identified
on the current release of information signed by the infant's parent,
guardian, or custodian of the final case decision. The final decision includes
whether the case will be transferred for ongoing PCSA services, closed and
referral made to community services, or closed. The following plan of safe
care/family care plan participants are to be notified: (a) Parents, guardians, custodians or other caregivers for the
infant. (b) Health care providers involved in the delivery or care of the
infant. (c) Collaborating professional partners and agencies involved in
caring for the infant and family. (6) Notify the child's non-custodial
parent, who holds residual parental rights to the child and maintains an
ongoing relationship through visitation with the child and/or payment of child
support, of the receipt of the report, the report disposition, and the case
decision. (7) Document in Ohio's CCWIS, the
date and method of notification to the principals of the report of the above
listed activities. (BB) No later than seven
calendar days after the completion of the specialized assessment/investigation
the PCSA is to provide written notice to all referents who are mandated
reporters in accordance with section 2151.421 of the Revised Code. (CC) The assessment/investigation documentation and any
materials obtained as a result of the assessment/investigation are to be
maintained in the case record. If any needed information gathering activity
cannot be completed, justification and the approval of the director or the
designee are to be documented in Ohio's CCWIS in accordance with rule
5101:2-36-11 of the Administrative Code.
Last updated September 30, 2024 at 10:27 AM
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Rule 5101:2-36-05 | PCSA requirements for conducting stranger danger investigations.
Effective:
September 1, 2024
(A) A public children services agency
(PCSA) is to conduct a stranger danger investigation in response to a child
abuse report alleging a criminal act against a child of assault or sexual
activity as defined under Chapter 2907 of the Revised Code, if the alleged
perpetrator was unknown to the alleged child victim and the alleged child
victim's family prior to the incident(s). (B) The PCSA is to refer the report to
the appropriate law enforcement authority pursuant to rule 5101:2-36-12 of the
Administrative Code within twenty-four hours of the time the report was
screened in, unless the report was received from the law enforcement agency
with jurisdiction. (C) The PCSA is to initiate the stranger
danger report in accordance with the following: (1) For an emergency
report, attempt a face-to-face contact with the alleged child victim within one
hour from the time the referral was screened in, to assess child safety and
interview the alleged child victim. (2) For all other
reports, complete one of the following within twenty-four hours from the time
the referral was screened-in to assess child safety: (a) Attempt a face-to-face contact with the alleged child
victim. (b) Complete telephone contact with a parent, guardian,
custodian, or collateral source who has knowledge of the alleged child
victim's current condition, and can provide current information about the
child's safety. (D) If the alleged child victim is an
infant or nonverbal child, who is currently in a hospital setting and is not
scheduled for discharge within seventy-two hours from the time the referral is
screened in, contact as described in paragraph (E) of this rule can be made
virtually or by phone prior to discharge with the direct medical staff who is
providing care for the infant or child and is able to provide information
regarding the alleged child victim's safety. (E) The PCSA is to, at minimum, complete face to face contacts
and interview each alleged child victim and at least one parent, guardian,
custodian, or caretaker to assess child safety and complete the "Safety
Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code.
Attempts to conduct these face-to-face interviews are to be completed as
follows, until the needed face-to-face contacts and interviews are
completed: (1) The PCSA is to
attempt face-to-face contact with the alleged child victim and a parent,
guardian, custodian, or caretaker within the first four working days from the
date the referral was screened in. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this
rule is unsuccessful, the PCSA is to attempt at least one additional
face-to-face contact within the first four working days from the date the
referral was screened in. (3) If the attempted
face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule
are unsuccessful, the PCSA is to, at minimum, continue making face-to-face
attempts at least every five working days until any of the following
occur: (a) Contacts are made, (b) The parent, guardian, or custodian refuses contact and
the PCSA files a complaint in juvenile court, or (c) The PCSA needs to make a report disposition pursuant to
paragraph (Q) of this rule. (F) The PCSA will not interview the alleged child victim or
another child who resides in the home without a parent, guardian, or
custodian's consent, unless one of the following exigent circumstances
exists: (1) There is credible
information indicating the child is in immediate danger of serious harm or can
provide information regarding immediate danger of serious harm. (2) There is credible
information indicating that the child will be in immediate danger of serious
harm upon return home from school or other locations away from their
home. (3) There is credible
information indicating that the child may be intimidated from discussing the
alleged abuse in their home. (4) The child requests to
be interviewed at school or another location due to one of the circumstances
listed in this paragraph. (G) The specific facts necessitating that investigative
interviews of a child be conducted without a parent, guardian, or
custodian's consent are to be documented in Ohio's
CCWIS. (H) If a child is interviewed without a parent, guardian,
or custodian's consent, then during the same day, the PCSA is to attempt a
face-to-face contact or complete telephone contact with the child's
parent, guardian, or custodian to inform them that an interview of their child
occurred and provide the specific facts that necessitated the child be
interviewed without a parent, guardian, or custodian's consent. If
unsuccessful, an attempt to complete face-to-face contact is to occur once
every five working days until contact is made with the child's parent,
guardian, or custodian or until the PCSA needs to make a report disposition
pursuant to paragraph (Q) of this rule. (I) The PCSA is to conduct and document face-to-face or
telephone interviews with any person identified as a possible source of
information during the investigation to obtain relevant information regarding
the safety of and risk to the child. The PCSA is to exercise discretion in the
selection of collateral sources to protect the privacy of the principals of the
report. (J) The PCSA is to have an interpreter present for all
interviews if the PCSA has determined that a principal of the report has any
factor that causes a barrier in communication including but not limited to a
principal of the report who is deaf or hearing impaired, limited English
proficiency or is developmentally delayed. (K) The PCSA is to take any other actions necessary to
assess safety and risk to the child. These actions may include, but are not
limited to: (1) Taking photographs of
areas of physical injury on the child's body. (2) Taking photographs of
the child's environment with the parent, guardian, or custodian's
consent. (3) Attempting to secure
a medical examination or psychological evaluation or both of the child with
consent of the child's parent, guardian, or custodian or with a court
order. (4) Attempting to secure
any relevant records, including but not limited to school, mental health, and
medical records. (L) If the PCSA determines a child to be in immediate
danger of serious harm, the PCSA is to follow procedures outlined in rule
5101:2-37-02 of the Administrative Code. (M) If the PCSA determines supportive services are
necessary, supportive services are to be made available to the child, and/or
their parent, guardian, or custodian pursuant to procedures established in rule
5101:2-40-02 of the Administrative Code: (N) The PCSA is to advise the alleged perpetrator of the
allegations made against them at the time of the initial contact with the
person. The initial contact between the PCSA and the alleged perpetrator of the
report includes the first face-to-face or telephone contact, whichever occurs
first, if information is gathered as part of the investigation
process. (O) Prior to completion of the report disposition, the PCSA
is to contact law enforcement and document information regarding the status of
the criminal investigation in Ohio's CCWIS. The PCSA is to notify the
prosecuting attorney if there is reason to believe the alleged perpetrator has
not been investigated by law enforcement. (P) The PCSA is to request assistance from the county
prosecutor, the PCSA's legal counsel, or the court if refused access to
the alleged child victim or any records necessary to conduct the
investigation. (Q) No later than sixty calendar days from the date the
PCSA screened in the referral, the PCSA is to complete the report disposition.
(R) The PCSA will not waive the completion of the report
disposition. (S) A "Family Assessment" is to be completed
pursuant to rule 5101:2-37-03 of the Administrative Code at any time the PCSA
determines that the family of the alleged child victim is unable or unwilling
to protect the child. (T) No later than five business days after completion of
the assessment/investigation, the PCSA is to: (1) Notify the alleged
child victim, unless the child is not of an age or developmental capacity to
understand; and the child's parent(s), guardian(s), or custodian(s) of the
report disposition and if applicable, the final case decision. (2) Notify the alleged
perpetrator, if known, in writing of the report disposition; the right to
appeal, and the PCSA's appeal process including time frames and the method
by which the alleged perpetrator may appeal the disposition as outlined in rule
5101:2-33-20 of the Administrative Code. (3) Refer all children
under the age of three to "Help Me Grow" for early intervention
services if there is a substantiated case of child abuse or neglect regardless
of the child's role in the report. (4) Notify the child's non-custodial
parent, who holds residual parental rights to the child and maintains an
ongoing relationship through visitation with the child and/or payment of child
support, of the receipt of the report, the report disposition, and case
decision. (5) Document in Ohio's CCWIS, the
date and method of notification to the principals of the report of the above
listed activities. (U) The investigation documentation and any materials
obtained as a result of the investigation are to be maintained in the case
record. If any information gathering activity cannot be completed,
justification and the approval of the director or the designee are to be
documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the
Administrative Code.
Last updated September 3, 2024 at 9:06 AM
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Rule 5101:2-36-06 | PCSA requirements for a deserted child assessment/investigation.
Effective:
September 1, 2024
(A) A public children services agency
(PCSA) is to conduct a deserted child/safe haven assessment/investigation if
all of the following apply to the child subject of the report: (1) The child is fewer
than thirty-one days old. (2) The child was
voluntarily left by the child's parent in the care of an emergency medical
service worker, peace officer, peace officer support employee, or hospital
employee. (3) The child was left
and the child's parent(s) did not express an intention to return for the
child. (B) The PCSA is to initiate the screened in deserted child/safe
haven report by: (1) Attempting
face-to-face contact with the child subject of the report within twenty-four
hours from the time the referral was screened in; or (2) Obtaining information
regarding the child subject of the report's current condition and safety
via face-to-face, virtual, or telephone contact with the hospital staff member
providing care for the infant. (C) The PCSA is to contact the individual
who originally took possession of the child and obtain: (1) The date and time the
child subject of the report was left with the individual. (2) All information
regarding the child left by the parent(s). (3) The JFS 01672
"Voluntary Medical History For Safe Havens" form, if completed by the
child's parent(s). (4) All clothing and
articles left with the child. (D) The PCSA is to accept emergency
temporary custody of the child subject of the report. (E) If the child subject of the report is not left at a
hospital, the PCSA is to transport, or arrange for transportation of the child
to the nearest appropriate hospital emergency department within twenty-four
hours. (F) The PCSA is to obtain the medical
examination report from the physician. (G) The PCSA is to screen in a report of
child abuse and/or neglect if any of the following occur during the
assessment/investigation of a deserted child/safe haven child: (1) The child's
condition reasonably indicates abuse and/or neglect, including the
following: (a) An infant identified as a substance affected infant as
defined in rule 5101:2-1-01 of the Administrative Code. (b) An infant diagnosed with a fetal alcohol spectrum
disorder. (2) The PCSA determines
that someone other than the parent delivered the child subject of the report to
the care of an emergency medical service worker, peace officer, peace officer
support employee, or hospital employee. (3) The child subject of
the report is determined to be more than thirty days old at the time the child
was delivered to the care of an emergency medical service worker, peace
officer, peace officer support employee, or hospital employee. (H) The PCSA is to place the child subject of the report in
substitute care pursuant to rule 5101:2-42-04 of the Administrative Code and
provide a copy of the medical examination report to the caregiver. (I) The PCSA is to contact the following agencies and determine
if a child matching the description of the child subject of the report has been
reported missing: (1) Local law
enforcement. (2) Ohio's missing
children's information clearinghouse
(https://www.ohioattorneygeneral.gov/missingkids). (3) National center for
missing and exploited children (https://www.missingkids.org). (J) The PCSA is to complete activities to obtain a birth
certificate and a social security card for the child subject of the
report. (K) The PCSA is to complete the deserted child/safe haven
assessment/investigation no later than sixty days from the date the referral
was screened in. (L) The assessment/investigation documentation and any materials
obtained as a result of the assessment/investigation are to be maintained in
the case record.
Last updated September 3, 2024 at 9:06 AM
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Rule 5101:2-36-07 | PCSA requirement for conducting an assessment/investigation of the alleged withholding of medically indicated treatment from a disabled infant with life-threatening conditions.
Effective:
September 1, 2024
(A) The public children services agency
(PCSA) is to conduct an assessment/investigation if a neglect report alleges
the withholding of medically indicated treatment from a disabled infant with a
life-threatening condition. (1) The withholding of
medically indicated treatment is the refusal to provide appropriate nutrition,
hydration, medication or other medically indicated treatment from a disabled
infant with a life-threatening condition. (2) Medically indicated
treatment includes the medical care most likely to relieve, or correct, the
life-threatening condition. Nutrition, hydration, and medication, as
appropriate for the infant's needs, are medically indicated for all
disabled infants; as well as, the completion of appropriate evaluations or
consultations necessary to assure that sufficient information has been gathered
to make informed medical decisions on behalf of the disabled
infant. (3) In determining
whether treatment is medically indicated, reasonable medical judgments made by
a prudent physician, or treatment team, knowledgeable about the case and its
treatment possibilities are considered. The opinions about the infant's
future "quality of life" are not to bear on whether or not a
treatment is judged to be medically indicated. Medically indicated treatment
does not include the failure to provide treatment to a disabled infant if the
treating physician's medical judgment identifies any of the
following: (a) The disabled infant is chronically and irreversibly comatose.
(b) The provision of the treatment is futile and will prolong
dying. (c) The provision of the treatment would not be effective in
ameliorating or correcting all of the disabled infant's life threatening
conditions. (d) The provision of such treatment to the disabled infant is
inhumane. (B) The PCSA is to initiate the screened
in medical neglect report by completing face to face or telephone contact with
the health care facility's administrator or designee, within one hour from
the time the referral was screened in and obtain the following information from
the health care facility's administrator, or designee, regarding the
current condition of the disabled infant, including but not limited
to: (1) The physical location
of the disabled infant within the hospital, e.g., emergency room, neonatal
intensive care unit, labor and delivery, sixth floor, etc. (2) The disabled
infant's age. (3) The disabled
infant's diagnoses or diagnosis and the prognosis. (4) The medical condition
requiring treatment. (5) The immediate actions
necessary to keep the disabled infant alive. (6) Whether or not the
withholding of life-sustaining treatment has been recommended. (7) Whether or not the
withholding of life-sustaining treatment has been implemented. (8) Whether or not the
parent, guardian, or custodian has refused to consent to life-sustaining
treatment. (9) Whether or not the
hospital chose to sustain life-suporting care for the immediate future,
preceding four days from the date and time the PCSA initiated the report, while
assessment/investigation is underway. (10) Whether or not
sustenance (food or water, whether given orally or through an intravenous or
nasogastric tube) or medication is being denied. (C) The PCSA is to document in the case
record the date, time, and with whom the assessment/investigation was
initiated. (D) The PCSA is to involve a qualified medical consultant within
twenty-four hours from the time the referral was screened in to assist in the
evaluation of the disabled infant's medical information, including medical
records, obtained during the preliminary medical assessment. (E) The PCSA is to attempt a face-to-face contact in order
to conduct an interview with the alleged disabled infant's parent,
guardian, or custodian no later than twenty-four hours from the time the
referral was screened in. The purpose of the interview is to: (1) Inform the parent,
guardian, or custodian that a neglect report alleging the withholding of
medically indicated treatment to a disabled infant has been accepted by the
PCSA. (2) Inform the parent
guardian, or custodian of the purpose of the
assessment/investigation. (3) Seek parental consent
for medically indicated treatment, if applicable. (4) Confirm parent,
guardian, or custodian's name and identifying information. (5) Determine if parent,
guardian, or custodian agrees on the course of action to be
followed. (6) Determine if the
parent, guardian, or custodian was presented with all treatment options by the
medical treatment team. (7) Determine if the
prognosis of the disabled infant was presented to the parent, guardian, or
custodian. (8) Assess if the parent,
guardian, or custodian understands the information provided by the medical
treatment team. (9) Determine the nature
and degree of parental involvement in the decision to deny treatment or
sustenance to the alleged child victim, if applicable. (10) Assess if
appropriate counseling services have been made available to the parent,
guardian, or custodian. (11) Refer the parent,
guardian, or custodian to appropriate counseling services, if
applicable. (12) Determine if the
parent, guardian, or custodian was provided information to facilitate access to
available services for disabled persons and family members. (13) Assist the parent,
guardian, or custodian in accessing needed services, if
applicable. (14) Determine if the
parent, guardian, or custodian participated in the hospital review
process. (15) Determine if the
parent, guardian, or custodian was provided with or has access to the results
of the hospital review process. (F) If the attempted face-to-face contact with the disabled
infant's parent, guardian, or custodian as specified in paragraph (E) of
this rule is unsuccessful, the PCSA shall is to at minimum, continue making
face-to-face attempts at least every five working days until any of the
following occur: (1) Contacts are
made; (2) The parent, guardian,
or custodian refuses contact and the PCSA files a complaint in juvenile court;
or (3) The PCSA needs to
make a report a dispostion pursuant to paragraph (O)(2) of this rule.
(G) The PCSA is to complete the "Safety
Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code
within four working days from the date the report was screened in. (H) If the PCSA determines the child to be in immediate
danger of serious harm, the PCSA is to follow procedures outlined in rule 5101:
2-37-02 of the Administrative Code. (I) The PCSA is to pursue any legal remedies, including the
initiation of legal proceedings in a court of competent jurisdiction, to
provide medical care or treatment for a child if such care or treatment is
necessary to prevent or remedy serious harm to the child or to prevent the
withholding of medically indicated treatment from a disabled infant with a
life-threatening condition. (J) The PCSA is to, in cooperation with the medical
consultant, conduct and document interviews with the attending physician and
health care facility staff. The purpose of the interviews is to: (1) Determine the
measures that the health care facility staff attending to the disabled infant
have taken to provide medically indicated treatment to the disabled
infant. (2) Determine whether or
not the disabled infant's attending physician, with the consent of the
disabled infant's parent, guardian or custodian will sustain needed
life-supporting care for twenty-four hours while the PCSA continues the
assessment/investigation. (3) Determine if any of
the following conditions of and risk to the disabled infant were concluded by
the attending physician's and/or staff's assessment: (a) The disabled infant is chronically and irreversibly
comatose. (b) The provision of medical treatment will merely prolong dying,
not be effective in ameliorating or correcting all of the disabled
infant's life-threatening conditions, or otherwise be futile in terms of
the survival of the disabled infant. (c) The provision of medical treatment will be virtually futile
in terms of the survival of the disabled infant and the treatment itself under
such circumstances will be inhumane. (4) Verify if plans have
been made to convene a meeting of the health care facility review committee or
to adopt the recommendations of the appropriate health care facility review
committee, and the meeting has been held. (5) Confirm the disabled
infant's age. (6) Confirm the disabled
infant's diagnoses or diagnosis. (7) Determine if the
disabled infant's life is endangered. (8) Determine if the
withholding of life-sustaining treatment is recommended. (9) Determine if the
withholding of life-sustaining treatment is implemented. (a) Identify the treatment necessary for the disabled
infant's life or health being denied. (b) Determine if sustenance (food or water, whether given orally
or through an intravenous or nasogastric tube) or medication is being
denied. (10) Determine if the
parent, guardian, or custodian refused to consent to life-sustaining
treatment. (11) Determine if the
hospital will sustain life-supporting care for the immediate future while the
PCSA's assessment/investigation is conducted, if applicable. (12) Identify the
treatment or sustenance being provided to the disabled infant, if
applicable. (13) Determine if there
is consensus regarding the medical diagnoses among the treatment
team. (14) Document and
identify if there were/have been any differing opinions among the treatment
team. (15) Document the names
of all medical consultants involved including their
qualifications/credentials. (16) Determine which
members of the treatment team discussed the case with the parent, guardian, or
custodian. (17) Determine if a
hospital review process occurred. (a) If applicable, document the review process. (b) If applicable, document the recommendations. (K) The PCSA is to conduct and document all face-to-face
interviews with the alleged perpetrator, unless law enforcement or the county
prosecutor or medical consultant will interview the alleged perpetrator
pursuant to the procedures delineated in the county child abuse and neglect
memorandum of understanding, in order to assess their knowledge of the
allegation. (L) The PCSA is to advise the alleged perpetrator of the
allegations made against them at the time of the initial contact. The initial
contact between the PCSA and the alleged perpetrator of the report includes the
first face-to-face or telephone contact, whichever occurs first, if information
is gathered as part of the assessment/investigation process. (M) The PCSA is to conduct and document face-to-face or
telephone interviews with any person identified as a possible source of
information during the assessment/investigation to obtain relevant information
regarding the safety of and risk to the child. The PCSA is to exercise
discretion in the selection of collateral sources to protect the privacy of the
principals of the report. (N) The PCSA is to have an interpreter present for all
interviews if the PCSA has determined that a principal of the report has any
factor that causes a barrier in communication. (O) No later than sixty calendar days from the date the
PCSA screened in the referral, the PCSA is to: (1) At minimum, complete
face-to-face contact and interview the family of the alleged disabled infant
residing in the home. Family includes all individuals pursuant to rule
5101:2-37-03 of the Administrative Code. (2) Complete the report
disposition. (3) Arrive at a final
case decision by completing either: (a) The "Family Assessment" pursuant to rule
5101:2-37-03 of the Administrative Code; or (b) The "Ongoing Case Assessment/Investigation"
if the neglect report involves a principal of the report who is currently
receiving ongoing protective services from the PCSA. (P) The PCSA may not waive the completion
of the report disposition. (Q) No later than five business days of completion of the
report disposition, the PCSA is to do all of the following: (1) Notify the alleged
perpetrator in writing of the report disposition; the right to appeal the
disposition; and the PCSA's appeal process including time frames and the
method by which the alleged perpetrator may appeal the disposition as outlined
in rule 5101:2-33-20 of the Administrative Code. (2) Notify the disabled
infant's parent(s), guardian(s), or custodian(s) of the report disposition
and final case decision. (R) No later than three working days from the date of the
completion of the report disposition, the PCSA is to provide written
notification of the report disposition to the following entities, as
applicable, in accordance with rules 5101:2-33-21 and 5101:2-36-12 of the
Administrative Code. (1) Administrator,
director, or other chief administrator of the health care
facility. (2) The owner or
governing board of the health care facility. (3) The appropriate
licensing and supervising authorities of the health care facility. (S) The PCSA is to notify law enforcement if it is
determined that the attending physician failed to provide medically indicated
treatment or failed to inform the disabled infant's parent, guardian, or
custodian of the available treatment options. (T) The assessment/investigation documentation and any
materials obtained as a result of the assessment/investigation are to be
maintained in the case record. If any information gathering activity cannot be
completed, justification and the approval of the director or the designee are
to be documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of
the Administrative Code.
Last updated September 3, 2024 at 9:06 AM
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Rule 5101:2-36-08 | PCSA requirements for involving a third party in the assessment/investigation of a child abuse or neglect report.
Effective:
September 1, 2024
(A) The public children services agency
(PCSA) is to involve a third party in the assessment/investigation for reports
of child abuse or neglect where there is a potential conflict of interest
because one or more of the following is a principal of the report: (1) Any employee of an
organization or facility that is licensed or certified by the Ohio department
of children and youth (DCY) or another state agency and supervised by the
PCSA. (2) A foster caregiver,
pre-finalized adoptive parent, adoptive parent, relative, or kinship caregiver
who is recommended, approved, or supervised by the PCSA. (3) A type B family child
care home or type A family child care home licensed by DCY when the county
department of job and family services (CDJFS) has assumed the powers and duties
of the county children services function defined in Chapter 5153. of the
Revised Code. (4) Any employee, or
agent of DCY or the PCSA as defined in Chapter 5153. of the Revised
Code. (5) Any authorized person
representing DCY or the PCSA who provides services for payment or as a
volunteer. (6) A foster caregiver or
an employee of an organization or facility licensed or certified by DCY and the
alleged child victim is in the custody of, or receiving services from, the PCSA
that accepted the report. (7) Any time a PCSA determines that a
conflict of interest exists. The PCSA is to document in the case record if a
conflict of interest is identified. (B) The involvement of a third party does
not relieve the lead PCSA, as defined in rule 5101: 2-1-01 of the
Administrative Code of its responsibility to ensure assessment/investigation
activities are completed. (C) Within twenty-four hours of the
identification of a conflict of interest, the PCSA is to request and document
in Ohio's comprehensive child welfare information system (CCWIS) the
assistance of a third party. (D) The PCSA is to make a cross-referral
to law enforcement agency pursuant to rule 5101: 2-36-12 of the Administrative
Code and request the assistance of law enforcement as the third party if the
child abuse or neglect report alleges a criminal offense. (E) The PCSA may request the assistance
of another PCSA as the third party if the child abuse or neglect report does
not allege a criminal offense and both agencies agree to participate in the
assessment/investigation including the delegation of investigatory
responsibilities. (F) Upon acceptance of the request from
the lead PCSA, the non-lead PCSA as defined in rule 5101:2-1-01 of the
Administrative Code, is to complete the assessment/investigation within the
time frames established pursuant to rule 5101: 2-36-03 or 5101:2-36-04 of the
Administrative Code. (G) In lieu of law enforcement or another PCSA, the PCSA
may operate an in-house unit to assess/investigate reports of child abuse and
neglect requiring a third party if all of the following apply: (1) An agency employee is
not named as a principal in the report. (2) The report does not
allege a criminal offense. (3) The PCSA maintains
written internal policies and procedures for the review and approval of
assessments/investigations conducted by the in-house unit. (4) The in-house unit
works independently of all other units within the PCSA. (H) When law enforcement or another PCSA declines to
assist the PCSA, the PCSA is responsible for conducting the
assessment/investigation within the time frames established pursuant to rule
5101: 2-36-03 or 5101: 2-36-04 of the Administrative Code. The PCSA is
responsible for having procedures in place to address the conflict of interest
when completing the assessment/investigation. (I) The assessment/investigation documentation and any materials
obtained as a result of the assessment/investigation including the third- party
assessment/investigation report from law enforcement or the non-lead PCSA is to
be maintained in the case record.
Last updated September 3, 2024 at 9:07 AM
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Rule 5101:2-36-09 | Requirements for dependent child assessments.
Effective:
September 1, 2024
(A) A public children services agency
(PCSA) is to conduct a dependency assessment in response to a report alleging
that a child is dependent pursuant to section 2151.04 of the Revised Code
absent allegations of abuse or neglect. (B) The PCSA may request the assistance
of law enforcement during an assessment if the following situations exist and
the reason for contacting law enforcement is documented in Ohio's
comprehensive child welfare information system (CCWIS): (1) The agency has reason
to believe that the child is in immediate danger of serious harm. (2) The agency has reason
to believe that the worker is, or will be, in danger of harm. (3) The agency has reason
to believe that a crime is being committed, or has been committed against a
child. (4) The assistance of law
enforcement needs to be invoked in accordance with the county child abuse and
neglect memorandum of understanding. (C) The PCSA is to initiate the screened
in dependency report in accordance with the following: (1) For an emergency
report, attempt a face-to-face contact with the child subject of the report
within one hour from the time the referral was screened in, to assess child
safety and interview the child subject of the report. (2) For all other
reports, complete one of the following within twenty-four hours from the time
the referral was screened in, to assess child safety: (a) Attempt a face-to-face contact with the child subject
of the report. (b) Complete a telephone contact with a parent, guardian,
custodian, or collateral source who has knowledge of the child subject of the
report's current condition, and can provide current information about the
child's safety. (D) If the child subject of the report is
an infant or nonverbal child, who is currently in a hospital setting and is not
scheduled for discharge within seventy-two hours from the time the referral is
screened in, contact as described in paragraph (E) of this rule can be made
virtually by phone prior to discharge with the direct medical staff who is
providing care for the infant or child and is able to provide information
regarding the child subject of the report's current condition and can
provide current information about the child subject of the report's
safety. (E) The PCSA is to, at minimum, complete face-to-face contacts
and interview each child subject of the report and at least one parent,
guardian, custodian, or caretaker to assess child safety and complete the
"Safety Assessment" pursuant to rule 5101:2-37-01 of the
Administrative Code. Attempts to conduct these face-to-face interviews are to
be completed as follows, until the needed face-to-face contacts and interviews
are completed. (1) The PCSA is to
attempt face-to-face contact with the child subject of the report and a parent,
guardian, custodian, or caretaker within the first four working days from the
date the referral was screened in. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this
rule is unsuccessful, the PCSA is to attempt at least one additional
face-to-face contact within the first four working days from the date that the
referral was screened in. (3) If the attempted face-to-face
contacts described in paragraphs (E)(1) and (E)(2) of this rule are
unsuccessful, the PCSA is to, at a minimum, continue making face-to-face
attempts at least every five working days until any of the following
occur: (a) Contacts are made, (b) The parent, guardian, or custodian refuses contact and
the PCSA files a complaint in juvenile court, or (c) The PCSA needs to complete a final case decision
pursuant to paragraph (O)(2) of this rule. (F) The PCSA will not interview the child subject of the
report or another child who resides in the home without the child's
parent, guardian, or custodian's consent, unless one of the following
exigent circumstances exists: (1) There is credible
information indicating the child is in immediate danger of serious harm or can
provide information regarding immediate danger of serious harm. (2) There is credible
information indicating that the child will be in immediate danger of serious
harm upon return home from school or other locations away from their
home. (3) There is credible
information indicating that the child may be intimidated from discussing the
alleged dependency in their home. (4) The child requests to
be interviewed at school or another location due to one of the circumstances
listed in this paragraph. (G) If a child is interviewed without the child's
parent, guardian, or custodian's consent, then the same day, the PCSA is
to attempt a face-to-face contact or complete a telephone contact with the
child's parent, guardian, or custodian to inform them that an interview of
their child occurred. If unsuccessful, an attempt to complete face-to-face
contact is to occur once every five working days until contact is made with the
child's parent, guardian, or custodian or the time frame for completion of
the assessment expires. (H) The specific facts necessitating the assessment
interviews of a child be conducted without the child's parent, guardian,
or custodian's consent is to be documented in Ohio's
CCWIS. (I) The PCSA need not interview a child if it is documented
in Ohio's CCWIS that the child does not have sufficient verbal skills, or
additional interviewing would be detrimental to the child. (J) At the time of the initial contact with the parent,
guardian, or custodian, the PCSA is to advise the parent, guardian, or
custodian of the specific concerns. The initial contact between the caseworker
assessing a dependent child report and the parent, guardian, or custodian
includes, whichever occurs first, face-to-face or telephone contact with the
person if information is gathered as part of the assessment
process. (K) The PCSA is to conduct and document face-to-face
interviews or telephone interviews with anyone identified as possible sources
of information during the assessment to obtain relevant information regarding
the safety and risk to the child. The PCSA is to exercise discretion in the
selection of collateral sources to protect the privacy of the principals of the
report. (L) The PCSA is to take any other actions necessary to
assess safety and risk to the child. These actions may include, but are not
limited to: (1) Taking photographs of
the child's environment with the parent, guardian, or custodian's
consent. (2) Attempting to secure
a medical examination or psychological evaluation or both of the child with
consent of the child's parent, guardian, or custodian or with a court
order. (3) Attempting to secure
any relevant records, including but not limited to school, mental health, and
medical records. (M) At any time the PCSA determines a child to be in
immediate danger of serious harm, the PCSA is to follow procedures outlined in
rule 5101:2-37-02 of the Administrative Code. (N) If the PCSA determines supportive services are
necessary, the supportive services are to be made available to the child and/or
the child's parent, guardian, or custodian pursuant to procedures
established in rule 5101:2-40-02 of the Administrative Code. (O) No later than sixty calendar days
from the date the PCSA screened in the referral, the PCSA is to: (1) At minimum, complete
face-to-face contact and interview the family of the child subject of the
report residing in the home. Family includes all individuals described in rule
5101:2-37-03 of the Administrative Code. (2) Arrive at a final
case decision by completing either: (a) The "Family Assessment" pursuant to rule
5101:2-37-03 of the Administrative Code; or (b) The "Ongoing Case Assessment/Investigation"
if the dependency report involves a principal of the report who is currently
receiving ongoing protective services from the PCSA. (P) The PCSA will not waive the completion of the final
case decision. (Q) The PCSA will request assistance from the county
prosecutor, the PCSA's legal counsel, or the court if refused access to
the child or any records needed to conduct the assessment. (R) The PCSA is to have an interpreter present for all
interviews if the PCSA has determined that a member of the case has any factor
that causes a barrier to communication, including but not limited to a
principal of the report who is deaf or hearing impaired, has limited English
proficiency or is developmentally delayed. (S) No later than five business days after completion of
the assessment, the PCSA is to do all of the following: (1) Notify the child
subject of the report, unless the child is not of an age or developmental
capacity to understand; and the child's parent(s), guardian(s), or
custodian(s) of the final case decision. (2) Notify the caretaker
in writing of the final case decision. (3) Refer any child zero
to three years of age to "Help Me Grow" if a developmental delay is
suspected. (4) Notify the child's non-custodial
parent, who holds residual parental rights to the child and maintains an
ongoing relationship through visitation with the child and/or payment of child
support, of the receipt of the report and the final case decision. (5) Document in Ohio's CCWIS, the
date and method of notification to the principals of the report of the above
listed activities completed. (T) The assessment documentation and any materials obtained
as a result of the assessment are to be maintained in the case record. If any
information gathering activity cannot be completed, justification and approval
of the director or the designee are to be documented in Ohio's CCWIS in
accordance with rule 5101:2-36-11 of the Administrative Code.
Last updated September 3, 2024 at 9:07 AM
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Rule 5101:2-36-10 | PCSA requirements for responding to family in need of services reports.
Effective:
September 1, 2024
(A) The public children services agency (PCSA) is to
follow the procedures and provide the services identified for each family in
need of services subcategory as follows: (1) Adoption subsidy
only, pursuant to Chapters 5101:2-44 and 5101:2-49 of the Administrative
Code. (2) Alternative response
required non-lead PCSA contacts pursuant to rule 5101:2-36-02 of the
Administratve Code. (3) Child fatality, non-child
abuse/neglect, pursuant to rule 5101:2-42-89 of the Administrative
Code. (4) Courtesy supervision, to support the
provision of services and activities described in sections 3113.31, 2151.151,
2151.353, 5103.20 and 2151.56 of the Revised Code. (5) Deserted child/safe haven, as
specified in rules 5101:2-36-06 and 5101:2-42-04 of the Administrative
Code. (6) Home
evaluation/visitation assessment, as described in rule 5101:2-42-18 of the
Administrative Code or as defined in rule 5101:2-1-01 of the Administrative
Code. (7) Interstate compact on
adoption and medical assistance (ICAMA), pursuant to rules 5101:2-49-19 and
5101:2-44-05.2 of the Administrative Code. (8) Interstate compact
for the placement of children (ICPC), pursuant to rule 5101:2-52-04 of the
Administrative Code. (9) Permanent surrender, pursuant to
rule 5101:2-42-09 of the Administrative Code. (10) Post finalization adoption services,
as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA is to
provide or arrange services to support, maintain, and assist an adopted child,
adoptive family, or birth parent anytime after finalization of an
adoption. (11) Postnatal placement services to
infant of incarcerated mother, pursuant to rule 5101:2-42-60 of the
Administrative Code. (12) Preventive services, as defined in
rule 5101:2-1-01 of the Administrative Code. The PCSA is to provide services
aimed at preventing child abuse and neglect which have been requested by the
parent, guardian, or custodian for the family if there are no current
allegations of child abuse, neglect, or dependency. (13) Required non-lead PCSA interview,
pursuant to rule 5101:2-36-02 of the Administrative Code. (14) Stranger danger investigation,
pursuant to rule 5101:2-36-05 of the Administrative Code. (15) Unruly/delinquent, as defined in
sections 2151.011 and 2151.022 of the Revised Code or defined in rule
5101:2-1-01 of the Administrative Code. The PCSA is to complete an assessment
to identify the need for services designed to promote child safety, permanency,
and well-being for a child determined to be unruly or delinquent. (B) Except as provided in paragraph (C) of this rule,
completion of the "Family Assessment" is to be completed for all
family in need of services reports transferred for ongoing or prevention
services prior to the completion of the "Family Case Plan" pursuant
to rule 5101:2-38-01, 5101:2-38-05 or 5101:2-38-20 or the completion of the
"Prevention Services Plan" pursuant to rule 5101:2-40-05 of the
Administrative Code. (C) The following family in need of services report
subcategories do not need the completion of a " Family Assessment"
prior to the completion of the "Family Case Plan": (1) Deserted child/safe
haven. (2) Permanent surrender. (3) ICPC. (4) ICAMA.
Last updated September 3, 2024 at 9:07 AM
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Rule 5101:2-36-11 | Extending time frames for completion or waiving completion of assessment/investigation activities.
Effective:
September 1, 2024
(A) The public children services agency
(PCSA) is to request an extension and complete the
"Justification/Waiver" in Ohio's comprehensive child welfare
information system (CCWIS) if the PCSA is unable to complete specific
assessment/investigative activities pursuant to the time frames established
within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code. The
justification for extension is to: (1) Contain justification
for not meeting the established time frame. (2) Contain supervisory
approval of the "Justification/Waiver" prior to the expiration of the
established time frame. (B) An extension is permitted for the following
assessment/investigative activities: (1) Execution of the second attempt to
complete face-to-face contact within four working days from the screening
decision when all of the following have been recorded in the
"Justification/Waiver" prior to the expiration of the fourth working
day: (a) The diligent efforts completed to identify the child's
current safety status with a principal of the report or collateral source who
has knowledge of the child's current condition, and can provide current
and credible information about the child's safety. (b) The name and location of the individual who provided the
credible information about the child's safety, and the manner in which the
information was obtained. (c) The information provided by the principal of the report or
collateral source that supports the PCSA's belief that the child is not at
risk of being seriously harmed. (d) Completion of the supervisory approval of the extension
request in Ohio's CCWIS prior to the expiration of the fourth working
day. (2) Written notification
to the alleged perpetrator of the report disposition if the alleged perpetrator
is the subject of a law enforcement investigation into human trafficking. The
timeframe for the extension is not to exceed one hundred twenty days from the
date the PCSA screened-in the referral as child abuse and/or neglect
report. (C) The PCSA is to complete the
"Justification/Waiver" to waive an assessment/investigation activity
if the PCSA is unable to complete specific assessment/investigative activities
pursuant to the requirements established within Chapters 5101:2-36 and
5101:2-37 of the Administrative Code. The "Justification/Waiver is
to: (1) Contain justification
why each assessment/investigation activity can not be completed. (2) Contain the
director's or designee's approval of the
"Justification/Waiver" prior to the expiration of the established
time frame for the assessment/investigation activity. (D) A PCSA may request to waive the following
assessment/investigation activities: (1) Completion of the
face-to-face interview with the alleged child victim or child subject of the
report. (2) Completion of the
face-to-face interview with each child in the home of the alleged child victim
or child subject of the report. (3) Completion of the face-to-face
interview with each adult residing in the home of the alleged child victim or
child subject of the report, including the parent(s), guardian, custodian, or
caretaker. (4) Completion of the face-to-face
interview with the alleged perpetrator or adult subject of the
report. (5) Completion of face-to-face or
telephone interviews with any identified witnesses and collateral
sources. (6) Completion of the "Safety
Assessment," "Family Assessment," "Ongoing Case
Assessment/Investigation," or "Specialized Assessment and
Investigation" if the report disposition is one of the
following: (a) Family moved: unable to complete
assessment/investigation. (b) Unable to locate. (7) Completion of the
"Safety Assessment" if the PCSA has not completed contact with any
principal of the report and has been unable to locate the family. (8) Completion of the "Safety
Assessment," "Family Assessment," "Ongoing Case
Assessment/Investigation," or "Specialized Assessment and
Investigation" if all of the following apply: (a) The PCSA has not successfully gathered sufficient information
from any principal of the report, identified witness, or
collaterals. (b) The parent, guardian, or custodian of the alleged child
victim refused the PCSA to have contact with family members, including
principals of the report, to complete the needed assessment
activities. (c) The PCSA consulted legal counsel regarding the report and the
family's refusal to engage in the assessment/investigation
process. (d) The PCSA's legal counsel advised the PCSA no legal
action will be pursued. (e) The PCSA report disposition is unsubstantiated,
substantiated, or indicated. (9) The signature of a parent, guardian,
or custodian on the JFS 01409 "Safety Plan for Children" if all of
the following apply: (a) The PCSA has obtained one signature from a parent, guardian,
or custodian. (b) The PCSA determines the parent, guardian, or custodian who
has not signed is unable or unavailable to sign. (c) The reason(s) why the parent, guardian, or custodian who has
not signed is unable or unavailable to sign the is documented in the case
record. (10) Completion of the "Safety
Assessment," "Family Assessment," "Ongoing Case
Assessment/Investigation," or "Specialized Assessment and
Investigation" if, upon initiation, the PCSA determines the specific
incident alleged in the report has been previously assessed/investigated and
all of the following apply: (a) The report involves the same alleged child victim or child
subject of the previous report. (b) The report involves the same alleged perpetrator or adult
subject of the previous report. (c) The previous report received an alternative response case
decision or report disposition of substantiated, indicated or
unsubstantiated. (E) The PCSA will not complete a justification to waive or
extend the completion time frame for any assessment/investigation activity not
identified within this rule.
Last updated September 3, 2024 at 9:07 AM
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Rule 5101:2-36-12 | PCSA requirements for cross-referring reports of child abuse and/or neglect.
Effective:
September 1, 2024
(A) The provisions of rule 5101:2-33-21
of the Administrative Code regarding confidentiality apply to all
cross-referrals of child abuse and/or neglect specified by this
rule. (B) Upon receipt of a referral, the
public children services agency (PCSA) is to notify licensing and supervising
authorities when abuse or neglect allegedly occurs in an out-of-home care
setting pursuant to section 2151.421 of the Revised Code. (C) At minimum, the PCSA is to make a cross referral to law
enforcement: (1) Within seven calendar days of
screening in a report alleging abuse in which law enforcement is not the
referent. (2) Within seven calendar days of
screening in a report alleging neglect in which law enforcement is not the
referent if the PCSA implements a legally authorized out-of-home placement due
to neglect. (D) The PCSA is to cross refer reports of child abuse
and/or neglect in accordance with the PCSA's county child abuse and
neglect memorandum of understanding pursuant to rule 5101:2-33-26 of the
Administrative Code, and if applicable, the interagency agreement with a child
advocacy center pursuant to section 2151.428 of the Revised Code. (E) As applicable, the PCSA is to promptly disseminate all
information determined to be relevant to any federal, state, or local
governmental entity, any agency providing prevention services to the child, or
any agent of such entity, in accordance with section 2151.423 of the Revised
Code.
Last updated September 3, 2024 at 9:07 AM
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Rule 5101:2-36-14 | Protective service alert.
Effective:
September 1, 2024
(A) A public children services agency
(PCSA) will issue a protective service alert (PSA) when the whereabouts of a
child and their parent, guardian, or custodian are unknown and: (1) The PCSA receives an
abuse or neglect report and has reason to believe the child is in immediate
danger of serious harm; or (2) The PCSA determines
that protective services are needed and has reason to believe the child remains
at risk of abuse or neglect. (B) The PCSA is to issue a PSA in
Ohio's comprehensive child welfare information system (CCWIS) and specify
whether the PSA is to be processed as an in-state or out-of-state
alert. (C) The PCSA is to attempt to
assess/investigate the concerns related to an active PSA upon receipt of
updated contact information that may allow the ability to locate the
family. (D) Upon receipt of the notification that a person has been
located, the PCSA who has located a person is to cancel the PSA in Ohio's
CCWIS.
Last updated September 3, 2024 at 9:08 AM
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Rule 5101:2-36-20 | Public children services agencies assessment requirements for child abuse and neglect reports in alternative response.
Effective:
September 1, 2024
(A) The public children services agency (PCSA) is to make a cross
referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative
Code. (B) No later than seven calendar days after the screening
decision, the PCSA is to provide written notification to all referrants who are
mandated reporters in accordance with section 2151.421 of the Revised Code.
(C) The PCSA is to initiate the screened in child abuse and
neglect report assigned to the alternative response pathway in accordance with
the following: (1) For an emergency
report, attempt a face-to-face contact with the child subject of the report
within one hour from the time the referral was screened in to assess child
safety and interview the child subject of the report. (2) For all other
reports, complete one of the following within twenty-four hours from the time
the referral was screened in, to assess child safety: (a) Attempt a face-to-face contact with the parent, guardian, or
custodian, child subject of the report, or collateral source. (b) Attempt a telephone contact with the parent, guardian, or
custodian, or collateral source. (c) Send a letter to the parent, guardian, or custodian
acknowledging a report was received and inviting the family to engage with the
PCSA. (D) If the child subject of the report is
an infant or nonverbal child, who is currently in a hospital setting and is not
scheduled for discharge within seventy-two hours from the time the referral is
screened in, contact as described in paragraph (E) of this rule can be made
virtually or by phone prior to discharge with the direct medical staff who is
providing care for the infant or child and is able to provide information
regarding the child subject of the report's current condition and can
provide current information about the child subject of the report's
safety. (E) The PCSA is to, at minimum, complete
face-to-face contacts and interview each child subject of the report and at
least one parent, guardian, custodian, or caretaker to assess child safety and
complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the
Administrative Code. Attempts to conduct these face-to-face interviews are to
be completed as follows, until the needed face-to-face contacts and interviews
are completed: (1) The PCSA is to
attempt face-to-face contact with the child subject of the report and a parent,
guardian, custodian, or caretaker within the first four working days from the
date the referral was screened in. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this
rule is unsuccessful, the PCSA is to attempt at least one additional
face-to-face contact within the first four working days from the date the
referral was screened in (3) If the attempted
face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule
are unsuccessful, the PCSA is to, at minimum, continue making face-to-face
attempts at least every five working days until any of the following
occur: (a) Contacts are made, (b) The parent, guardian, or custodian refuses contact and
the PCSA files a complaint in juvenile court, or (c) The PCSA needs to make a final case decision pursuant
to paragraph (S)(2) of this rule. (F) The PCSA is to advise the parent, guardian, or
custodian of the information contained in the report at the time of the initial
contact. The initial contact between the PCSA and the parent, guardian, or
custodian includes face-to-face or telephone contact, whichever occurs first,
if information is gathered as part of the assessment process. (G) The PCSA may not interview a child subject of the
report or another child who resides in the home without a parent, guardian, or
custodian's consent, unless one of the following exigent circumstances
exists: (1) There is credible
information indicating the child is in immediate danger of serious harm or can
provide information regarding immediate danger of serious harm. (2) There is credible
information indicating the child will be in immediate danger of serious harm
upon return home from school or other locations away from their
home. (3) There is credible
information indicating the child may be intimidated from discussing the alleged
abuse or neglect in their home. (4) The child requests to
be contacted at school or another location due to one of the circumstances
listed in this paragraph. (H) If a child is contacted without a parent, guardian, or
custodian's consent, then the same day, the PCSA is to attempt a
face-to-face contact or complete telephone contact with the child's
parent, guardian, or custodian to inform them that contact with his or her
child occurred and provide the specific facts that necessitated the child be
contacted without a parent, guardian, or custodian's consent. (I) The specific facts necessitating contact with the child
be completed without a parent, guardian, or custodian's consent are to be
documented in Ohio's CCWIS. (J) If the attempt to contact the child's parent,
guardian, custodian. or caretaker pursuant to paragraph (H) of this rule is
unsuccessful, the PCSA is to continue to attempt to complete face-to-face
contact with the child's parent, guardian or custodian once every five
working days until contact is made with the child's parent, guardian, or
custodian, or until the PCSA needs to make a case decision pursuant to
paragraph (S)(2) of this rule. (K) The PCSA need not interview a child
if it is documented in Ohio's CCWIS that: (1) The child does not
have sufficient verbal skills; or (2) Additional
interviewing would be detrimental to the child. (L) The PCSA is to convert a case from the alternative
response pathway to the traditional response pathway if any of the following
occur: (1) The family requests a
pathway change from the alternative response pathway to the traditional
response pathway. (2) The "Safety
Assessment", "Family Assessment", or "Ongoing Case
Assessment/Investigation" cannot be completed because the family refused
to engage in the assessment process. (3) The PCSA files a
complaint with the juvenile court pursuant to section 2151.27 of the Revised
Code alleging the child is abused, neglected or dependent child. (4) The PCSA screens in a
report requiring assignment in a traditional response pathway pursuant to rule
5101:2-36-01 of the Administrative Code. (M) The PCSA is to record a pathway switch in Ohio's
CCWIS no later than the next working day from the date of the event triggering
the conversion of a case from the alternative response pathway to the
traditional response pathway. (N) The PCSA is to notify the principals of the report of
the pathway change either verbally or in writing within three working days upon
the conversion of a case from the alternative response pathway to the
traditional response pathway if the pathway switch is not the result of a
subsequent report received and assigned to the traditional response pathway.
The notification(s) is to be documented in Ohio's CCWIS. (O) If the PCSA determines a child to be in immediate
danger of serious harm, the PCSA is to follow procedures outlined in rule
5101:2-37-02 of the Administrative Code. (P) The PCSA is to conduct and document face-to face or
telephone contact with any person identified as a possible source of
information during the assessment to obtain relevant information regarding the
safety of and risk to the child. The PCSA is to exercise discretion in the
selection of collateral sources to protect the privacy of the principals of the
report. (Q) The PCSA is to have an interpreter present for all
interviews if the PCSA has determined that a principal of the report has any
factor that causes a barrier in communication, including but not limited to a
principal of the report who is deaf or hearing impaired, limited English
proficiency or is developmentally delayed. (R) For all reports involving a substance affected infant
as defined in rule 5101:2-1-01 of the Administrative Code the PCSA is
to: (1) Ensure the plan of
safe care/family care plan has been developed. (2) Ensure the plan of
safe care/family care plan addresses the safety needs of the
infant. (3) Ensure the plan of
safe care/family care plan addresses the health and substance use disorder
treatment needs of the affected family or caregiver. (S) No later than sixty calendar days
from the date the PCSA screened in the referral, the PCSA is to: (1) At minimum, complete
face-to-face contact and interview the family of the child subject of the
report residing in the home. Family includes all individuals pursuant to rule
5101:2-37-03 of the Administrative Code. (2) Arrive at a final
case decision by completing either: (a) The "Family Assessment" pursuant to rule
5101:2-37-03 of the Administrative Code; or (b) The "Ongoing Case Assessment/Investigation"
if the child abuse and/or neglect report involves a family member who is
receiving alternative response ongoing services from the PCSA. (T) If the case decision is to transfer the case for
ongoing PCSA services, and the case will continue to be assigned to the
alternative response pathway, the agency is to provide ongoing services to the
family pursuant to rule 5101:2-38-20 of the Administrative Code. (U) No later than five business days after completion of
the assessment, the PCSA is to complete the following: (1) Notify the child
subject of the report, unless the child is not of an age or developmental
capacity to understand; and the parent(s), guardian(s), or custodian(s) of the
final case decision in writing. (2) Refer any substance
affected infant as defined in rule 5101:2-1-01 of the Administrative Code to
"Help Me Grow." (3) Notify all
participants involved in the plan of safe care and identified on the current
release of information signed by the infant's parent, guardian or
custodian of the final case decision. The final decision includes whether the
case will be transferred for ongoing PCSA services, closed and referral made to
community services, or closed. The following plan of safe care participants are
to be notified: (a) Parents, guardians, custodians or other caregivers for the
infant. (b) Health care providers involved in the delivery or care of the
infant. (c) Collaborating professional partners and agencies involved in
caring for the infant and family. (4) Notify the child's non-custodial
parent, who holds residual parental rights to the child and maintains an
ongoing relationship through visitation with the child and/or payment of child
support, of the receipt of the report, and the case decision. (V) No later than seven calendar days from the date of
completion of the assessment, the PCSA is to provide written notification to
all referents who are mandated reporters in accordance with section 2151.421 of
the Revised Code. (W) The assessment, documentation and any materials
obtained during the assessment, are to be maintained in the case record. If any
information gathering activity cannot be completed, justification and the
approval of the director or designee are to be filed in Ohio's CCWIS in
accordance with rule 5101:2-36-11 of the Administrative Code.
Last updated September 3, 2024 at 9:08 AM
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