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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.
(A) A public children services agency
(PCSA) shall 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 in order to determine an intake category and
arrive at a screening decision. Receipt of all of the following information is
not required in order 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 his parent, guardian or custodian and all
household members. (2) The child's
age. (3) The child's and
any family member's race and ethnicity. (4) The type, extent,
frequency, and duration 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 may request that a
referent/reporter providing information submit the allegations in writing. The
PCSA shall not delay making the screening decision while waiting for the
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 shall be recorded in the statewide
automated child welfare information system (SACWIS) as an intake in accordance
with the following: (1) Referral information
received shall be recorded in SACWIS 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 shall be reflected in
SACWIS including the actual date and time of the screening
decision. (D) If a PCSA receives a referral
alleging abuse or neglect of a child located in Ohio and the child's
parent, guardian or custodian resides in another state, the PCSA
shall: (1) Contact the children
services agency (CSA) and inform the CSA of the referral pursuant to rule
5101:2-36-13 of the Administrative Code. (2) If the referral is
not accepted by the CSA where the child's parent, guardian or custodian
resides, the PCSA shall categorize and complete a screening decision in
accordance with this rule. (E) If a PCSA receives a referral
alleging an incident of child abuse or neglect that occurred in Ohio, the child
is located outside of Ohio, and the child's parent, guardian or custodian
resides in another state, the PCSA shall: (1) Contact the CSA and
inform the CSA of the referral pursuant to rule 5101:2-36-13 of the
Administrative Code. (2) Make a referral to
the law enforcement agency with jurisdiction if the referral alleges a criminal
offense. (F) The PCSA shall 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, and any report alleging either of the following: (i) An infant identified
as affected by legal or illegal substance abuse or withdrawal symptoms
resulting from prenatal or postnatal substance exposure pursuant to rule
5101:2-1-01 of the Administrative Code. (ii) An infant diagnosed
with a fetal alcohol spectrum disorder. (b) Physical abuse, shaken baby, in accordance with section
2151.031 of the Revised Code. (c) Sexual abuse, in accordance with section 2151.031 of the
Revised Code and Chapter 2907. of the Revised Code. (d) Emotional maltreatment/mental injury, in accordance with
section 2151.011 or 2151.031 of the Revised Code. (e) Neglect, in accordance with section 2151.03 of the Revised
Code. (f) Medical neglect, in accordance with section 2151.03 of the
Revised Code. (g) Medical neglect, disabled infant, in accordance with rule
5101:2-36-07 of the Administrative Code. (2) Dependency report.
Dependent child, as defined in section 2151.04 of the Revised
Code. (3) Family in need of
services report. (a) Emancipated youth, in accordance with rule 5101:2-42-19.2 of
the Administrative Code. (b) Permanent surrender, in accordance with rule 5101:2-42-09 of
the Administrative Code. (c) Deserted child, as defined in rule 5101:2-1-01 of the
Administrative Code and in accordance with rule 5101:2-36-06 of the
Administrative Code. (d) Stranger danger investigation, in accordance with rule
5101:2-36-05 of the Administrative Code for a child whom the PCSA considers to
be in need of public care or protective services. (e) Post-finalization adoption services, as defined in rule
5101:2-1-01 of the Administrative Code upon the request of the birth parent,
adoptive parent or adoptee. (f) Preventive services, as defined in rule 5101:2-1-01 of the
Administrative Code for a child whom the PCSA considers to be in need of public
care or protective services. (g) Unruly child/delinquent child, whom the PCSA considers to be
in need of public care or protective services in accordance with section
5153.16 of the Revised Code and memorandums specified in rule 5101:2-33-26 of
the Administrative Code. (h) Child fatality, non-child abuse/neglect, in accordance with
rule 5101:2-42-89 of the Administrative Code. (i) Required non-lead PCSA interviews, in accordance with rules
5101:2-36-03, 5101:2-36-04, and 5101:2-36-09 of the Administrative Code and
sections 5103.20 and 2151.56 of the Revised Code. (j) Courtesy supervision in accordance with sections 5103.20 and
2151.56 of the Revised Code. (k) Home evaluation/visitation assessment, in accordance with
rules 5101:2-1-01 and 5101:2-42-18 of the Administrative Code or in response to
a request from another PCSA or a court exercising appropriate
jurisdiction. (l) Pre-placement or postnatal services for the placement of an
infant of an incarcerated mother, in accordance with rule 5101:2-42-60 of the
Administrative Code. (m) Adoption subsidy only in accordance with Chapter 5101:2-49 of
the Administrative Code. (n) Interstate compact on the placement of children (ICPC) in
accordance with rule 5101:2-52-04 of the Administrative Code. (o) Alternative response required non-lead PCSA contacts, in
accordance with rule 5101:2-36-20 of the Administrative Code. (4) Information and/or
referral, pursuant to rule 5101:2-1-01 of the Administrative Code, if paragraph
(F)(1), (F)(2), or (F)(3) of this rule do not apply. (G) When a PCSA receives referral
information pursuant to paragraphs (F)(1)(a)(i) and (F)(1)(a)(ii) of this rule,
the PCSA shall attempt to gather the following regarding the plan of safe care,
which is defined in rule 5101:2-1-01 of the Administrative Code: (1) The name(s) and
address(es) of all of the following: (a) The child. (b) The parent, guardian(s), or custodian(s). (c) All household members. (2) Identify the
caregiver(s) for the infant. (3) A description of the interaction
between the mother/caregiver and infant. (4) The name of the hospital or medical
facility where the infant is receiving care. (5) Any known medical information on the
parent(s), guardian(s), caregiver(s), infant, or household
members. (6) Information regarding any known legal
or illegal substance abuse, which includes the history of legal or illegal
substance abuse by parent(s), guardian(s), caregiver(s) and household
members. (7) Information regarding support systems
for the parent(s), guardian(s), caregiver(s), or household
members. (8) Information on the managed care plan
and insurance information. (H) The PCSA shall not screen out any
referral categorized in paragraph (F)(1)(a) of this rule if: (1) The plan of safe care
information listed in paragraph (G) of this rule is not obtained. (2) The plan of safe care
has not been developed. (3) The plan of safe care
is not adequate to address the safety of the infant. (I) The PCSA shall 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
(F)(1), (F)(2), and (F)(3) of this rule based on the information received from
the referent/reporter and the child protective services records regarding the
principals of the report. (J) If the PCSA screens out a referral of abuse or neglect
and a principal of the report is a person responsible for the child's care
in an out-of-home care setting pursuant to rule 5101:2-1-01 of the
Administrative Code, the PCSA shall notify licensing and supervising
authorities, as appropriate, no later than four working days from the date of
the screening decision to share information. (K) PCSAs shall assign reports screened in and categorized
pursuant to paragraph (F)(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 shall assign the following types of reports of
child abuse and/or neglect to the traditional response pathway: (1) Reports containing
allegations that could result in charges of felony child
endangering. (2) Physical abuse
resulting in serious injury or that creates a serious and immediate risk to a
child's health and safety. (3) Reports containing allegations that
could result in charges of criminal sexual conduct. (4) Reports containing allegations of the
sexual abuse of a child or an abused child who is also a victim of sexual
abuse. (5) Reports containing allegations that
could result in charges of homicide. (6) Reports requiring a specialized
assessment as identified in rule 5101:2-36-04 of the Administrative
Code. (7) Reports requiring a third party
investigative procedure as identified in rule 5101:2-36-08 of the
Administrative Code. (8) Reports containing allegations
regarding a suspicious child fatality. (M) All referral information categorized as information
and/or referral pursuant to paragraph (F)(4) of this rule shall be screened
out. The PCSA shall 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) 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 section 2151.421 of the Revised
Code. (O) 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/caregiver, 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 shall be recorded. (P) 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 shall 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,
and 5101:2-36-05 of the Administrative Code.
Last updated August 7, 2024 at 10:54 AM
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Rule 5101:2-36-03 | PCSA requirements for intra-familial child abuse and/or neglect assessment/investigations.
(A) A public children services agency
(PCSA) shall 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
childs 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 shall 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 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 the case record: (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. (D) The PCSA shall 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, attempt a face-to-face contact or complete a telephone contact within
twenty-four hours from the time the referral was screened in, with a principal
of the report or collateral source who has knowledge of the alleged child
victim's current condition, and can provide current information about the
child's safety. (3) If face-to-face
contact with the alleged child victim was not attempted within the twenty-four
hour time frame, an attempt of face-to-face contact with the alleged child
victim shall be made within seventy-two hours from the time the report was
screened in to assess child safety and interview the alleged child
victim. (E) The PCSA shall document in the case
record the date, time, and with whom the assessment/investigation was
initiated. (F) The PCSA shall complete the JFS 01401 "Comprehensive
Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006)
pursuant to rule 5101:2-37-01 of the Administrative Code. (1) The PCSA shall
attempt face-to-face contact with the alleged child victim and a parent,
guardian, custodian, or caregiver within the first four working days from the
date the report was screened in as an abuse or neglect report. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (F)(1) of this
rule is unsuccessful, the PCSA shall attempt at least one additional
face-to-face contact within the first four working days from the date the
referral was screened in as a report. (G) If the attempted face-to-face contacts with the alleged child
victim, as specified in paragraphs (D) and (F) of this rule are unsuccessful,
the PCSA shall, at a minimum, continue making attempts for face-to-face contact
at least every five working days until the child is seen or until the PCSA is
required to make a report disposition pursuant to paragraph (V) or (W) of this
rule. (H) The PCSA shall not interview the alleged child victim or his
or her siblings without parental consent, unless one of the following exigent
circumstances exists: (1) There is credible
information indicating the child is in 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 his or her
home. (3) There is credible
information indicating that the child may be intimidated from discussing the
alleged abuse or neglect in his or her home. (4) The child requests to
be interviewed at school or another location due to one of the circumstances
listed in this paragraph. (I) Should an alleged child victim provide information during an
interview that indicates a sibling might be in immediate danger of serious harm
or that the sibling could provide information regarding immediate danger of
serious harm to the alleged child victim, the interview of the sibling who was
not identified as an alleged child victim may commence without parental
consent. (J) The specific facts necessitating that investigative
interviews of a child be conducted without parental consent must be documented
in the case record. (K) If a child is interviewed without parental consent, then the
same day, the PCSA shall 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
necessitating the child be contacted without parental consent. (L) If the attempt to contact the
child's custodian pursuant to paragraph (K) of this rule is unsuccessful,
the PCSA shall 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 is required to make a case disposition pursuant to paragraphs (V) and
(W) of this rule. (M) The PCSA shall conduct and document face-to-face interviews
with each child residing within the home of the alleged child victim. If
possible each child should be interviewed separately and apart from the alleged
perpetrator. The purpose of the interviews is to: (1) Evaluate each
child's condition. (2) Determine if each
child is safe. (3) Obtain each
child's explanation regarding the allegations contained in the
report. (N) The PCSA need not interview a child if it is documented in
the case record that: (1) The child does not
have sufficient verbal skills, or (2) Additional
interviewing would be detrimental to the child, unless requested by the lead
PCSA pursuant to paragraph (BB) or (CC) of this rule. (O) The PCSA shall conduct and document face-to-face interviews
with the alleged perpetrator and all adults residing in the home of the alleged
child victim, 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: (1) Assess his or her
knowledge of the allegation. (2) Observe the
interaction between the alleged child victim and caretaker. (3) Obtain relevant
information regarding the safety and risk to the child. (P) The PCSA shall advise the alleged perpetrator of the
allegations made against him or her 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. (Q) The PCSA shall 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 shall exercise discretion in the
selection of collateral sources to protect the family's right to
privacy. (R) The PCSA shall 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 trauma 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 an infant
identified as affected by legal or illegal substance abuse or withdrawal
symptoms resulting from prenatal or postnatal substance exposure pursuant to
rule 5101:2-1-01 of the Administrative Code the PCSA shall: (1) Ensure the plan of
safe care has been developed. (2) Ensure the plan of
safe care addresses the safety needs of the infant. (3) Ensure the plan of
safe care 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 shall 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 shall be made available to the child, his or
her parent, guardian, or custodian during all of the following pursuant to
procedures established in rule 5101:2-40-02 of the Administrative
Code: (1) The safety planning
process. (2) The
assessment/investigation process. (V) The PCSA shall complete the report disposition and
arrive at a final case decision by completing the JFS 01400 "Comprehensive
Assessment Planning Model - I.S., Family Assessment" (rev. 7/2006) no
later than forty-five days from the date the PCSA screened in the referral as a
child abuse and/or neglect report. The PCSA may extend the time frame by a
maximum of fifteen days if information needed to determine the report
disposition and final case decision cannot be obtained within forty-five days
and the reasons are documented in the case record pursuant to rule 5101:2-36-11
of the Administrative Code. (W) If the child abuse and/or neglect report involves a
principal of the report who is currently receiving ongoing protective services
from the PCSA, the PCSA shall complete the report disposition by completing the
JFS 01402 "Comprehensive Assessment Planning Model - I.S., Ongoing Case
Assessment/Investigation" (rev. 7/2006). (1) The JFS 01402 shall
be completed no later than forty-five days from the date the PCSA screened in
the referral as a child abuse and/or neglect report. (2) The PCSA may extend
the time frame by a maximum of fifteen days if information needed to determine
the report disposition cannot be obtained within forty-five days and the
reasons are documented in the case record pursuant to rule 5101:2-36-11 of the
Administrative Code. (X) The PCSA shall not waive the completion of the report
disposition. (Y) The PCSA shall 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. (Z) The PCSA shall have an interpreter present for all
interviews if the PCSA has determined that a principal of the report has a
language or any other impairment 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. (AA) Within two working days of completion of the
assessment/investigation, the PCSA shall do all of the following as
applicable: (1) Notify the child,
unless the child is not of an age or developmental capacity to understand; and
the child's parent, guardian, or custodian of the report disposition and
final case decision. (2) Notify the alleged
perpetrator in writing of the report disposition; the right to appeal; 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 infant who
has been born and identified as affected by legal or illegal substance abuse or
withdrawal symptoms or fetal alcohol spectrum disorder resulting from prenatal
drug exposure to "Help Me Grow." (5) Notify all
participants involved in the plan of safe care of the final case decision. The
final decision includes whether the case will be tranferred for ongoing PCSA
services, closed and referral made to community services, or closed. The
following plan of safe care participants shall 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 the case record, the date
and method of notification to the principals of the report of the above listed
activities. (BB) If two or more Ohio PCSAs are involved in an
assessment/investigation the lead county shall be determined by the following
criteria: (1) The PCSA located
within the county where a juvenile court has issued a protective supervision
order. (2) The PCSA located
within the county where the custodial parent, legal guardian, legal custodian
of the alleged child victim resides. (3) If an order of shared
parenting has been issued and a residential parent has not been designated by
the court, the PCSA located within the county of residence of the custodian who
has physical care of the alleged child victim at the time the incident
occurred. (CC) If a report of child abuse and neglect involves a child
who is living in a shelter for victims of domestic violence or a homeless
shelter, the PCSA that received the report shall do one of the
following: (1) Determine if the
child was brought to the shelter pursuant to an agreement with a shelter in
another county. If a determination is made that there was an agreement in
place, the PCSA from the county from which the child was brought shall lead the
assessment/investigation and provide the required supportive services or
petition the court for custody of the child, if necessary. (2) Lead the
assessment/investigation if a determination is made that the child was not
brought to the shelter under an agreement with a shelter in another county. If
two or more PCSAs are involved, all PCSAs shall be responsible for following
procedures outlined in this rule. (3) Commence the
assessment/investigation if a determination cannot be made immediately if an
agreement is in effect. (DD) If requested by the lead PCSA, either verbally or in
writing, the non-lead PCSA located in a non-contiguous county shall conduct
interviews of any principals of the report and collateral sources presently
located within its jurisdiction to provide the lead agency with the information
necessary to complete the JFS 01401, JFS 01400, and/or JFS 01402 within the
time frames outlined in this rule. All PCSAs involved shall document the
request in the case record. (EE) The PCSA shall 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. (FF) The assessment/investigation documentation and any
materials obtained as a result of the assessment/investigation shall be
maintained in the case record. If any information gathering activity cannot be
completed, justification and the written approval of the director or the
designee shall be filed in the case record in accordance with rule 5101:2-36-11
of the Administrative Code.
Last updated August 7, 2024 at 10:54 AM
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Rule 5101:2-36-04 | PCSA requirements for conducting a specialized assessment/investigation.
(A) The public children services agency
(PCSA) shall conduct a specialized assessment/investigation if the child abuse
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 his/her 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 shall require 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) If a specialized
assessment/investigation of an abuse and/or neglect report involves multiple
alleged child victims from multiple cases, the PCSA shall complete a separate
assessment/investigation for each case. The completion of the JFS 01403,
"Specialized Assessment and Investigation" (rev. 2/2006) is required
for each case. (D) The PCSA shall 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, attempt a face-to-face contact or complete a telephone contact within
twenty-four hours from the time the referral was screened in, with a principal
of the report or collateral source who has knowledge of the alleged child
victim's current condition, and can provide current information about the
child's safety. (E) If face-to-face contact with the
alleged child victim was not completed within the twenty-four hour time frame,
an attempt of face-to-face contact with the alleged child victim shall be made
within seventy-two hours from the time the report was screened in to assess
child safety and interview the alleged child victim. (F) The PCSA shall document in the case record the date, time,
and with whom the specialized assessment/investigation was
initiated. (G) If the attempted face-to-face contact with the alleged child
victim, as specified in paragraphs (D) and (E) of this rule is unsuccessful,
the PCSA shall continue to make attempts for face-to-face contact, every five
working days until the child is seen or until the PCSA is required to make a
report disposition pursuant to paragraph (U) of this rule. (H) If a child abuse and/or neglect report involves an alleged
child victim, or the sibling of an alleged child victim who was not named as an
alleged child victim, who is not in the custody of a PCSA or PCPA, the PCSA
shall not interview the child without parental consent unless one of the
following exigent circumstances exists: (1) There is credible
information indicating the child is in 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 his or her home. (4) The child requests to
be interviewed at school or another location due to one of the circumstances
listed in this paragraph. (I) Should an alleged child victim
provide information during an interview that indicates a sibling might be in
immediate danger of serious harm or that the sibling could provide information
regarding immediate danger of serious harm to the alleged child victim, the
interview of the sibling who was not identified as an alleged child victim may
commence without parental consent. (J) The specific facts necessitating that
assessment/investigative interviews of a child be conducted without parental
consent must be documented in the case record. (K) If an alleged child victim or sibling is interviewed without
parental consent, then the same day, the PCSA shall attempt a face-to-face or
complete a telephone contact with the alleged child victim's parent,
guardian, or custodian to inform them that an interview of their child
occurred. (1) If the attempt to
contact the childs custodian pursuant to this paragraph is unsuccessful,
the PCSA shall 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 (U) of this rule. (2) The PCSA shall
document in the case record the date and time of the contact, or attempted
contacts. (L) If the PCSA conducts a specialized assessment/investigation,
the PCSA shall: (1) Within twenty-four
hours of the screening decision contact the out-of-home care setting or
organization administrative officer, director, or other chief administrative
officer, or if the administrative officer, director or other chief
administrative officer is alleged to be the perpetrator, the board of
directors, county commissioners, or law enforcement as applicable in order
to: (a) Share information regarding the report. (b) Discuss what actions have been taken to protect the alleged
child victim. (c) Provide information about the assessment/investigation
activities that will follow. (2) No later than the
next working day from the date the referral was screened in as a child abuse
and/or neglect report, inform the parent(s), guardian, or custodian of the
alleged child victim that a report of abuse and/or neglect involving his or her
child is being assessed/investigated and of the allegations contained within
the report. (3) No later than the next working day
from the date the referral was screened in as a child abuse and/or neglect
report, contact licensing and supervising authorities, as appropriate, to share
information. (4) Attempt to coordinate the interview
of the alleged child victim if another agency is required by statute or
administrative rule to conduct its own assessment/investigation to minimize the
number of interviews of the child. (5) Conduct and document face-to-face
interviews with the alleged child victim to: (a) Evaluate the alleged child victim's
condition. (b) Determine whether the child is safe. (c) Obtain the alleged child victim's explanation regarding
the allegations contained in the report. (6) 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 his or her knowledge of the allegation. (7) Advise the alleged perpetrator of the
allegations made against him or her 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. (8) 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 shall exercise
discretion in the selection of collateral sources to protect the privacy of the
principals of the report. (9) As appropriate, conduct and document
all face-to-face interviews with the parent, guardian, or custodian and/or
caretaker of the alleged child victim to gather relevant information regarding
the parent, guardian, or custodian and/or caretakers ability to keep the
child safe and identify what, if any, services are needed by the
family. (10) Attempt to secure any relevant
records necessary to assess safety and risk to the child, including but not
limited to school, mental health, medical, incident reports in an out-of-home
care setting. (11) Take any other
actions necessary to assess safety and risk to the child. These actions may
include, but are not limited to: (a) Taking photographs of areas of trauma on the child's
body. (b) Taking photographs of the child's environment with the
consent of the out-of-home setting administrator. (c) Securing 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. (M) The PCSA need not interview a child if it is documented in
the case record that does not have to interview an alleged child victim if the
PCSA determines that: (1) The child does not
have sufficient verbal skills, or (2) Additional
interviewing would be detrimental to the child, unless requested by the lead
PCSA pursuant to paragraphs (R) and (Z) of this rule. (N) At any time the PCSA determines a child is in immediate
danger of serious harm, the PCSA shall follow procedures outlined in rule
5101:2-37-02 or 5101:2-39-03 of the Administrative Code. (O) If the PCSA determines supportive
services are necessary, the supportive services shall be made available to the
child, his or her parent, guardian, or custodian during all of the following
pursuant to procedures established in rule 5101:2-40-02 of the Administrative
Code: (1) The safety planning
process. (2) The
assessment/investigation process. (P) The PCSA shall 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. (Q) The PCSA shall have an interpreter present for all interviews
if the PCSA has determined that a principal of the report has a language or any
other impairment 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. (R) If two or more Ohio PCSAs are involved in an
assessment/investigation the lead county shall be determined by the following
criteria: (1) The PCSA located
within the county where a juvenile court has issued a protective supervision
order. (2) The PCSA located
within the county where the custodial parent, legal guardian, legal custodian
of the alleged child victim resides. (3) If an order of shared
parenting has been issued, and a residential parent has not been designated by
the court, the PCSA located within the county of residence of the custodian who
has physical care of the alleged child victim at the time the incident
occurred. (S) If requested by the lead PCSA, either verbally or in
writing, the non-lead PCSA located in a non-contiguous county shall conduct
interviews of any principals of the report and collateral sources presently
located within its jurisdiction to provide the lead agency with the information
necessary to complete the JFS 01403 within the time frames outlined in this
rule. All PCSAs involved shall document the request in the case
record. (T) For all reports involving an infant
identified as affected by legal or illegal substance abuse or withdrawal
symptoms resulting from prenatal or postnatal substance exposure pursuant to
rule 5101:2-1-01 of the Administrative Code the PCSA shall: (1) Ensure the plan of
safe care has been developed. (2) Ensure the plan of
safe care addresses the safety needs of the infant. (3) Ensure the plan of
safe care addresses the health and substance use disorder treatment needs of
the affected family or caregiver. (U) The PCSA shall complete the report disposition and
arrive at a final case decision by completing the JFS 01403 no later than
forty-five days from the date the PCSA screened in the referral as a child
abuse and neglect report. The PCSA may extend the time frame by a maximum of
fifteen days if information needed to determine the report disposition and
final case decision cannot be obtained within forty-five days and the reasons
are documented in the case record pursuant to rule 5101:2-36-11 of the
Administrative Code. (V) 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 shall not waive
the completion of the report disposition. (W) Within two working days of completion of the JFS 01403,
the PCSA shall do all of the following as applicable: (1) Notify the child,
unless the child is not of an age or developmental capacity to understand, and
the child's parent, guardian, or custodian of the report disposition and
the final case decision. (2) Notify the alleged
perpetrator in writing of the report disposition; the right to appeal; 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 infant who
has been born and identified as affected by legal or illegal substance abuse or
withdrawal symptoms or fetal alcohol spectrum disorder resulting from prenatal
drug exposure to "Help Me Grow." (5) Notify all
participants involved in the plan of safe care of the final case decision. The
final decision includes whether the case will be tranferred for ongoing PCSA
services, closed and referral made to community services, or closed. The
following plan of safe care participants shall be notified: (a) Parents, guardians, custodians or other caregivers for
the infant. (b) Health care providers invovled 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 the case record, the date
and method of notification to the principals of the report of the above listed
activities. (X) No later than three working days from the date of the
completion of the report disposition, the PCSA shall 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 out-of-home care setting or
organization. (2) The owner or
governing board of the out-of-home care setting or organization. (3) The appropriate
licensing and supervising authorities of the out-of-home care setting or
organization. (Y) The PCSA shall not provide witness statements, police
reports, or other investigative reports to the out-of-home care setting or
organization described in paragraph (X) of this rule. (Z) If a report of child abuse and neglect involves a
child who is living in a shelter for victims of domestic violence or a homeless
shelter, the PCSA that received the report shall do one of the
following: (1) Determine if the
child was brought to the shelter pursuant to an agreement with a shelter in
another county. If a determination is made that there was an agreement in
place, the PCSA from the county from which the child was brought shall lead the
assessment/investigation and provide the required supportive services or
petition the court for custody of the child, if necessary. (2) Lead the
assessment/investigation if a determination is made that the child was not
brought to the shelter under an agreement with a shelter in another county. If
two or more PCSAs are involved, all PCSAs shall be responsible for following
procedures outlined in this rule. (3) Commence the
assessment/investigation if a determination cannot be made immediately if an
agreement is in effect. (AA) The assessment/investigation documentation and any
materials obtained as a result of the assessment/investigation shall be
maintained in the case record. If any information gathering activity cannot be
completed, justification and the written approval of the director or the
designee shall be filed in the case record in accordance with rule 5101:2-36-11
of the Administrative Code.
Last updated August 7, 2024 at 10:54 AM
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Rule 5101:2-36-05 | PCSA requirements for conducting stranger danger investigations.
(A) A public children services agency
(PCSA) shall 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 shall 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 shall 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, the PCSA shall attempt a face-to-face contact or complete a telephone
contact within twenty-four hours from the time the referral was screened in,
with a principal of the report or collateral source who has knowledge of the
alleged child victim's current condition and can provide current
information about the child's safety. (3) If face-to-face
contact with the alleged child victim was not attempted within the twenty-four
hour time frame, an attempt of face-to-face contact the alleged child victim
shall be made within seventy-two hours from the time the report was screened in
to assess child safety and interview the alleged child victim. (D) The PCSA shall document in the case
record the date, time and with whom the assessment/investigation was
initiated. (E) The PCSA shall complete the JFS 01401 "Comprehensive
Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006)
pursuant to rule 5101:2-37-01 of the Administrative Code. (1) The PCSA shall
attempt face-to-face contact with the alleged child victim and a parent,
guardian, custodian, or caregiver within the first four working days from the
date the report was screened in as an abuse or neglect report. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this
rule is unsuccessful, the PCSA shall attempt at least one additional
face-to-face contact within the first four working days from the date that the
referral was screened in as a report. (F) If the attempted face-to-face contacts with the alleged child
victim, as specified in paragraphs (C) and (E) of this rule are unsuccessful,
the PCSA shall, at a minimum continue making attempts for face-to-face contact
at least every five working days until the child is seen or until the PCSA is
required to make a report disposition pursuant to paragraph (S) of this
rule. (G) The PCSA shall not interview the alleged child victim or his
or her siblings without parental consent, unless one of the following exigent
circumstances exists: (1) There is credible
information indicating the child is in 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 his or her
home. (3) There is credible
information indicating that the child may be intimidated from discussing the
alleged abuse in his or her home. (4) The child requests to
be interviewed at school or another location due to one of the circumstances
listed in this paragraph. (H) Should an alleged child victim provide information during an
interview that indicates a sibling might be in immediate danger of serious harm
or that the sibling could provide information regarding immediate danger of
serious harm to the alleged child victim, the interview of the sibling who was
not identified as an alleged child victim may commence without parental
consent. (I) The specific facts necessitating that investigative
interviews of a child be conducted without parental consent must be documented
in the case record. (J) If a child is interviewed without parental consent, then
during the same day, the PCSA shall 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. If unsuccessful, an
attempt to complete face-to-face contact shall occur once every five working
days until contact is made with the child's parent, guardian, or custodian
or until the PCSA is required to make a report disposition pursuant to
paragraph (S) of this rule. (K) The PCSA shall 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 shall exercise discretion in the selection of
collateral sources to protect the family's right to privacy. (L) The PCSA shall have an interpreter present for all interviews
if the PCSA has determined that a principal of the report has a language or any
other impairment 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. (M) The PCSA shall 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 trauma 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. (N) If the PCSA determines a child to be in immediate danger of
serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of
the Administrative Code. (O) If the PCSA determines supportive
services are necessary, the supportive services shall be made available to the
child, his or her parent, guardian, or custodian during all of the following
pursuant to procedures established in rule 5101:2-40-02 of the Administrative
Code: (1) The safety planning
process. (2) The
assessment/investigation process. (P) The PCSA shall advise the alleged perpetrator of the
allegations made against him or her 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. (Q) Prior to completion of the report disposition, the PCSA shall
contact law enforcement and document information regarding the status of the
criminal investigation in the case record. The PCSA shall notify the
prosecuting attorney if there is reason to believe the alleged perpetrator has
not been investigated by law enforcement. (R) The PCSA shall 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. (S) The PCSA shall complete the report disposition no later than
forty-five days from the date the PCSA determines that the referral is screened
in as a family in need of services stranger danger report. The PCSA may extend
the time frame by a maximum of fifteen days if information needed to determine
the report disposition cannot be obtained within forty-five days and the
reasons are documented in the case record pursuant to rule 5101:2-36-11 of the
Administrative Code. (T) The PCSA shall not waive the completion of the report
disposition. (U) A JFS 01400 "Comprehensive Assessment Planning Model -
I.S., Family Assessment" (rev. 7/2006), shall 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. The PCSA shall assess and determine whether the family and/or child
is in need of supportive services by the PCSA or the community. (V) If two or more Ohio PCSAs are involved in an
assessment/investigation the lead county shall be determined by the following
criteria: (1) The PCSA located
within the county where a juvenile court has issued a protective supervision
order. (2) The PCSA located
within the county the custodial parent, legal guardian, legal custodian of the
alleged child victim resides. If an order of shared parenting has been issued
and a residential parent has not been designated by the court, the PCSA located
within the county of residence of the custodian who has physical care of the
alleged child victim at the time the incident occurred. (3) If an order of shared
parenting has been issued, and a residential parent has not been designated by
the court, the PCSA located within the county of residence of the custodian who
has physical care of the alleged child victim at the time the incident
occurred. (W) Within two working days of completion of the
assessment/investigation, the PCSA shall: (1) Notify the child,
unless the child is not of an age or developmental capacity to understand; and
the child's parent, guardian, or custodian of the report disposition and
if applicable, the final case decision. (2) Notify the alleged
perpetrator, if known, in writing of the report disposition; and their right to
appeal, 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) Document in the case record, the date
and method of notification to the principals of the report. (5) 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. (6) Document in the case record, the date
and method of notification to the principals of the report of the above listed
activities. (X) If a report of child abuse and neglect involves a child who
is living in a shelter for victims of domestic violence or a homeless shelter,
the PCSA that received the report shall do one of the following: (1) Determine if the
child was brought to the shelter pursuant to an agreement with a shelter in
another county. If a determination is made that there was an agreement in
place, the PCSA from the county from which the child was brought shall lead the
assessment/investigation and provide the required supportive services or
petition the court for custody of the child, if necessary. (2) Lead the
assessment/investigation if a determination is made that the child was not
brought to the shelter under an agreement with a shelter in another county. If
two or more PCSAs are involved, all PCSAs shall be responsible for following
procedures outlined in this rule. (3) Commence the
assessment/investigation if a determination cannot be made immediately if an
agreement is in effect. (Y) If requested by the lead PCSA, either verbally or in writing,
the non-lead PCSA located in a non-contiguous county shall conduct interviews
of any principals of the report and collateral sources presently located within
its jurisdiction to provide the lead agency with the information necessary to
complete the investigation within the time frames outlined in this rule. All
PCSAs involved shall document the request in the case record. (Z) The investigation documentation and
any materials obtained as a result of the investigation shall be maintained in
the case record. If any information gathering activity cannot be completed,
justification and the written approval of the director or the designee shall be
filed in the case record in accordance with rule 5101:2-36-11 of the
Administrative Code.
Last updated August 7, 2024 at 10:54 AM
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Rule 5101:2-36-06 | PCSA requirements for a deserted child assessment/investigation.
(A) A public children services agency
(PCSA) shall conduct a deserted child 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, or hospital employee by the child's
parent(s). (3) The child was left
and the child's parent(s) did not express an intention to return for the
child. (B) The PCSA shall initiate the screened in report by attempting
face-to-face contact with the child subject of the report within one hour from
the time the referral was screened in as a report. (C) The PCSA shall 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" (rev. 3/2009) form, if
completed by the child's parent(s). (4) All clothing and
articles left with the child. (D) The PCSA shall accept emergency
temporary custody of the child subject of the report. (E) The PCSA shall arrange for the child
subject of the report to be examined by a physician within one hour of
face-to-face contact with the child subject of the report. (1) The examination shall
assess the health and well being of the child and indicators of
maltreatment. (2) If the child subject
of the report is not left at a hospital, the PCSA shall transport, or arrange
for transportation of the child to the nearest appropriate hospital emergency
department. (F) The PCSA shall obtain the medical
examination report from the physician. (G) The PCSA shall screen in a report of
child abuse and/or neglect if any of the following occur during the
assessment/investigation of a deserted child: (1) The child's
condition reasonably indicates abuse and/or neglect, including the
following: (a) An infant identified as affected by legal or illegal
substance abuse or withdrawal symptoms resulting from prenatal or postnatal
substance exposure pursuant to 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, 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, or hospital employee. (H) The PCSA shall 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 shall 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
(http://www.mcc.ag.state.oh.us/). (3) National center for
missing and exploited children (http://www.missingkids.com/). (J) The PCSA shall complete activities to obtain a birth
certificate and a social security card for the child subject of the
report. (K) The PCSA shall complete the deserted child
assessment/investigation no later than forty-five days from the date the
referral was screened in as a report. (L) The assessment/investigation documentation and any
materials obtained as a result of the assessment/investigation shall be
maintained in the case record.
Last updated August 7, 2024 at 1:02 PM
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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.
(A) The public children services agency
(PCSA) shall 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 shall initiate the screened
in medical neglect report in accordance with the following: (1) Complete 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 as a
report. (2) 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: (a) The physical location of the disabled infant within the
hospital, e.g., emergency room, neonatal intensive care unit, labor and
delivery, sixth floor, etc. (b) The disabled infant's age. (c) The disabled infant's diagnoses or diagnosis and the
prognosis. (d) The medical condition requiring treatment. (e) The immediate actions necessary to keep the disabled infant
alive. (f) Whether or not the withholding of life-sustaining treatment
has been recommended. (g) Whether or not the withholding of life-sustaining treatment
has been implemented. (h) Whether or not the parent, guardian, or custodian has refused
to consent to life-sustaining treatment. (i) Whether or not the hospital chose to sustain life-supporting
care for the immediate future, preceding ninety-six hours from the date and
time the PCSA initiated the report, while the assessment/investigation is
underway. (j) 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 shall document in the case
record the date, time, and with whom the assessment/investigation was
initiated. (D) The PCSA shall involve a qualified medical consultant within
twenty-four hours from the time the referral was screened in as a report to
assist in the evaluation of the disabled infant's medical information,
including medical records, obtained during the preliminary medical
assessment. (E) If the PCSA determines the child to
be in immediate danger of serious harm, the PCSA shall follow procedures
outlined in rule 5101:2-37-02 of the Administrative Code. (F) The PCSA shall 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. (G) The PCSA shall 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 as a report. 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. (H) If the attempted face-to-face contact
with the disabled infant's parent, guardian, or custodian as specified in
paragraph (G) of this rule is unsuccessful, the PCSA shall continue making
attempts of face-to-face contact at least every five working days until
face-to-face contact occurs or until the PCSA is required to make a report
disposition pursuant to paragraph (O) of this rule. (I) The PCSA shall complete the JFS 01401
"Comprehensive Assessment Planning Model - I.S., Safety Assessment"
(rev. 2/2006) pursuant to rule 5101:2-37-01 of the Administrative Code within
four working days from the date the report was screened in. (J) The PCSA shall document in the case
record the date and time of the contact, or attempted contacts. (K) The PCSA shall, 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
has 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. (L) The PCSA shall 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 his or her
knowledge of the allegation. (M) The PCSA shall advise the alleged
perpetrator of the allegations made against him or her 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. (N) The PCSA shall 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 shall
exercise discretion in the selection of collateral sources to protect the
privacy of the principals of the report. (O) The PCSA shall complete the report
disposition and arrive at a final case decision by completing the JFS 01400
"Comprehensive Assessment Planning Model - I.S., Family Assessment"
(rev. 7/2006) no later than forty-five days from the date the PCSA screened in
the referral as a child abuse and/or neglect report. The PCSA may extend the
time frame by a maximum of fifteen days if information needed to determine the
report disposition and final case decision cannot be obtained within forty-five
days and the reasons are documented in the case record pursuant to rule
5101:2-36-11 of the Administrative Code. (P) The PCSA shall not waive the
completion of the report disposition. (Q) The PCSA shall have an interpreter
present for all interviews if the PCSA has determined that a principal of the
report has a language or any other impairment 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) Within two working days of completion
of the assessment/investigation, the PCSA shall notify the alleged perpetrator
in writing of the report disposition and the right to appeal the disposition
pursuant to rule 5101:2-33-20 of the Administrative Code. (S) Within two working days from the date
of the completion of the report disposition, the PCSA shall notify the disabled
infant's parent(s) in writing of the report disposition and case
decision. (T) No later than three working days from
the date of the completion of the report disposition, the PCSA shall 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. (U) The PCSA shall 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. (V) The PCSA shall maintain all materials obtained as a
result of the assessment/investigation in the case record.
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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.
(A) The public children services agency
(PCSA) shall adhere to this rule 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 job and family services (ODJFS) 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 Ohio department of job
and family services (ODJFS) 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 ODJFS or the PCSA as defined in Chapter 5153. of the Revised
Code. (5) Any authorized person
representing ODJFS 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 ODJFS 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 shall 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 of its responsibility to ensure
assessment/investigation activities are completed. (C) A law enforcement agency or another PCSA may serve as
the third party to an assessment/investigation of child abuse or
neglect. (1) The PCSA shall
request the assistance of law enforcement as the third party if the child abuse
or neglect report alleges a criminal offense. (2) 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. (D) 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. (E) Within twenty-four hours of the identification of a
conflict of interest, the PCSA shall request and document the assistance of a
third party. (F) Upon acceptance of the request from the lead PCSA, the
non-lead PCSA shall 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 instances where law enforcement or another PCSA
declines to assist the PCSA, the PCSA is responsible for conducting the
assessment/investigation. The PCSA is responsible for having procedures in
place to address the conflict of interest and ensure the completion of the
assessment/investigation. (H) The PCSA shall comply with all procedures pursuant to
rule 5101:2-36-03 or 5101:2-36-04 of the Administrative Code. (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 shall be maintained in the case record.
Last updated August 7, 2024 at 1:02 PM
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Rule 5101:2-36-09 | Requirements for dependent child assessments.
(A) A public children services agency
(PCSA) shall conduct a dependency assessment in response to a dependency report
if any of the following conditions apply to a child subject of the report
absent allegations of abuse or neglect: (1) The child subject of
the report is homeless or destitute or without adequate parental care, through
no fault of the child's parents, guardian, or custodian. (2) The child subject of
the report lacks adequate parental care as defined in section 2151.011 of the
Revised Code. (3) The child subject of
the report's condition or environment is such as to warrant the state, in
the interests of the child, in assuming the child's
guardianship. (4) The child subject of
the report is residing in a household where a parent, guardian, custodian, or
other member of the household committed an act that was the basis for
adjudication and a sibling of the child or any other child who resides in the
household is an abused, neglected, or dependent child. (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 the case
record: (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 shall 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, attempt a face-to-face contact or complete a telephone contact within
twenty-four hours from the time the referral was screened in, with a principal
of the report 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. (3) If face-to-face
contact with the child subject of the report was not attempted within the
twenty-four hour time frame, an attempt of face-to-face contact with the child
subject of the report shall be made within seventy-two hours from the time the
report was screened in to assess child safety and interview the child subject
of the report. (D) The PCSA shall document in the case
record the date, time, and with whom the assessment was initiated. (E) The PCSA shall complete the JFS 01401 "Comprehensive
Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006)
pursuant to rule 5101:2-37-01 of the Administrative Code.. (1) The PCSA shall
attempt face-to-face contact with the child subject of the report and a parent,
guardian, custodian, or caregiver within the first four working days from the
date the report was screened in as a dependent report. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this
rule is unsuccessful, the PCSA shall attempt at least one additional
face-to-face contact within the first four working days from the date that the
referral was screened in as a report. (F) If the attempted face-to-face contacts with the child subject
of the report as specified in paragraphs (C) and (E) of this rule are
unsuccessful, the PCSA shall, at a minimum, continue making attempts for
face-to-face contact at least every five working days until the child is seen
or until the PCSA is required to complete a final case decision pursuant to
paragraph (S) or (T) of this rule. (G) The PCSA shall not interview the child subject of the report
or his or her siblings without parental consent, unless one of the following
exigent circumstances exists: (1) There is credible
information indicating the child is in 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 his/her home. (4) The child requests to
be interviewed at school or another location due to one of the circumstances
listed in this paragraph. (H) If a child subject of the report provides information during
an interview that indicates a sibling might be in immediate danger of serious
harm or that the sibling could provide information regarding immediate danger
of serious harm to the child subject of the report, the interview of the
sibling who was not identified as a child subject of the report may occur
without parental consent. (I) If a child is interviewed without parental consent, then the
same day, the PCSA shall 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 shall 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. (J) The specific facts necessitating the assessment interviews of
a child be conducted without parental consent must be documented in the case
record. (K) The PCSA shall conduct and document face-to-face interviews
with each child residing within the home of the child subject of the report. If
possible, each child should be interviewed separate and apart from the
caretaker. The purpose of the interviews is to: (1) Evaluate each
child's condition. (2) Determine if the
child is safe. (3) Obtain each
child's understanding of the concerns contained in the
report. (L) The PCSA need not interview a child if it is determined
that: (1) The child does not
have sufficient verbal skills. (2) Additional
interviewing would be detrimental to the child. For required non-lead
interviews, this determination shall be made by the lead PCSA pursuant to
paragraph (X) or (Y) of this rule. (M) The PCSA shall conduct and document face-to-face interviews
with the child's parent, guardian, or custodian and all adults residing in
the home of the child in order to: (1) Assess their
knowledge of the situation. (2) Observe the
interaction between the child and caretaker. (3) Obtain relevant
information regarding the safety and risk to the child. (N) At the time of the initial contact with the adult subject(s)
of the report, the PCSA shall advise the adult subject(s) of the report of the
specific concerns. The initial contact between the caseworker assessing a
dependent child report and the adult subject(s) of the report of the report
includes, whichever occurs first, face-to-face or telephone contact with the
person if information is gathered as part of the assessment
process. (O) The PCSA shall 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 shall exercise discretion in the
selection of collateral sources to protect the family's right to
privacy. (P) The PCSA shall 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) Attempt 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) Attempt to secure any
relevant records, including but not limited to school, mental health, and
medical records. (Q) At any time the PCSA determines a child to be in immediate
danger of serious harm, the PCSA shall follow procedures outlined in rule
5101:2-37-02 of the Administrative Code. (R) If the PCSA determines supportive
services are necessary, the supportive services shall be made available to the
child, his or her parent, guardian, or custodian during all of the following
pursuant to procedures established in rule 5101:2-40-02 of the Administrative
Code: (1) The safety planning
process. (2) The
assessment/investigation process. (S) The PCSA shall arrive at a final case decision by completing
the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family
Assessment" (rev. 7/2006) no later than forty-five days from the date the
report was screened in. The PCSA may extend the time frame by a maximum of
fifteen days if information needed to determine the final case decision cannot
be obtained within forty-five days and the reasons are documented in the case
record pursuant to rule 5101:2-36-11 of the Administrative Code. (T) If the dependency report involves a principal of the report
who is currently receiving ongoing protective services from the PCSA, the PCSA
shall complete the final case decision by completing the JFS 01402
"Comprehensive Assessment Planning Model - I.S., Ongoing Case
Assessment/Investigation" (rev. 7/2006). (1) The JFS 01402 shall
be completed no later than forty-five days from the date the report was
screened in. (2) The PCSA may extend
the time frame by a maximum of fifteen days if information needed to determine
the final case decision cannot be obtained within forty-five days and the
reasons are documented in the case record pursuant to rule 5101:2-36-11 of the
Administrative Code. (U) The PCSA shall not waive the completion of the final case
decision. (V) The PCSA shall request assistance from the county prosecutor,
the PCSA's legal counsel, or the court if refused access to the child or
any records required to conduct the assessment. (W) The PCSA shall have an interpreter present for all interviews
if the PCSA has determined that a member of the case has any impairment that
creates a barrier to communication, including but not limited to a principal of
the report who is deaf or hearing impaired, limited English proficiency or is
developmentally delayed. (X) Within two working days of completion of the assessment, the
PCSA shall do all of the following: (1) Notify the child,
unless the child is not of an age or developmental capacity to understand; and
the child's parent, guardian, or custodian 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 the case record, the date
and method of notification to the principals of the report of the above listed
activities completed. (Y) If two or more Ohio PCSAs are involved in an assessment, the
lead county shall be determined by the following criteria: (1) The PCSA located
within the county where a juvenile court has issued a protective supervision
order. (2) The PCSA located
within the county where the custodial parent, legal guardian, or legal
custodian of the child subject of the report resides. (3) If an order of shared
parenting has been issued, and there has been no residential parent designated
by the court, the PCSA located within the county of residence of the custodian
who has physical care of the child subject of the report at the time the
incident occurred. (Z) If a report of dependency involves a child who is living in a
shelter for victims of domestic violence or a homeless shelter, the PCSA that
received the report shall do one of the following: (1) Determine if the
child was brought to the shelter pursuant to an agreement with a shelter in
another county. If a determination is made that there was an agreement in
place, the PCSA from the county from which the child was brought shall lead the
assessment and provide the required supportive services or petition the court
for custody of the child, if necessary. (2) Lead the assessment
if a determination was made that the child was not brought to the shelter under
an agreement with a shelter in another county. If two or more PCSAs are
involved, all PCSAs shall be responsible for following procedures outlined in
this rule. (3) Commence the
assessment if a determination cannot be made immediately if an agreement is in
effect. (AA) If requested by the lead PCSA, either verbally or in
writing, the non-lead PCSA located in a non-contiguous county shall conduct
interviews of any principals of the report and collateral sources presently
located within its jurisdiction to provide the lead agency with the information
necessary to complete the JFS 01401, JFS 01402, and the JFS 01400 within the
time frames outlined in this rule. All PCSAs involved shall document the
request in the case record. (BB) The assessment documentation and any materials obtained as a
result of the assessment shall be maintained in the case record. If any
information gathering activity cannot be completed, justification and written
approval of the director or the designee shall be filed in the case record in
accordance with rule 5101:2-36-11 of the Administrative Code.
Last updated August 7, 2024 at 10:54 AM
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Rule 5101:2-36-10 | PCSA requirements for responding to family in need of services reports.
(A) A public children services agency
(PCSA) shall provide services to a child and family for the following screened
in "Family In Need of Services" reports: (1) "Adoption
Subsidy." (2) "Child Fatality,
Non-Child Abuse/Neglect." (3) "Courtesy
Supervision." (4) "Deserted
Child." (5) "Emancipated
Youth." (6) "Home
Evaluation/Visitation Assessment." (7) "Permanent
Surrender." (8) "Post
Finalization Adoption Services." (9) "Pre-placement
or Postnatal Services for the Placement of an Infant of an Incarcerated
Mother." (10) "Preventive
Services." (11) "Required
Non-lead PCSA Interview." (12) "Stranger
Danger Investigation." (13) "Unruly/Delinquent." (14) "Interstate
Compact for the Placement of Children" (ICPC). (15) "Alternative
Response Required Non-lead PCSA Contacts." (B) The PCSA shall follow the procedures and provide the
services identified for each family in need of services subcategory as
follows: (1) Adoption subsidy
only report, pursuant to Chapters 5101:2-44 and 5101:2-49 of the Administrative
Code. (2) Child fatality,
non-child abuse/neglect report, pursuant to rule 5101:2-42-89 of the
Administrative Code. (3) Courtesy supervision
report, 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. (4) Deserted child
report, as specified in rules 5101:2-36-06 and 5101:2-42-04 of the
Administrative Code. (5) Emancipated youth
report, pursuant to rule 5101:2-42-19.2 of the Administrative
Code. (6) Home
evaluation/visitation assessment report, 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) Permanent surrender
report, pursuant to rule 5101:2-42-09 of the Administrative Code. (8) Post finalization
adoption services report, as defined in rule 5101:2-1-01 of the Administrative
Code. The PCSA shall provide or arrange services to support, maintain, and
assist an adopted child, adoptive family, or birth parent anytime after
finalization of an adoption. (9) Postnatal placement
services to an infant of an incarcerated mother report, pursuant to rule
5101:2-42-60 of the Administrative Code. (10) Preventive services
report, as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA
shall 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.
(11) Required non-lead
PCSA interview report, pursuant to rules 5101:2-36-03, 5101:2-36-04, and
5101:2-36-09 of the Administrative Code. (12) Stranger danger
investigation, pursuant to rule 5101:2-36-05 of the Administrative
Code. (13) Unruly/delinquent
report, 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 shall 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. (14) ICPC report,
pursuant to rule 5101:2-52-04 of the Administrative Code. (15) Alternative response
required non-lead PCSA contacts report, pursuant to rule 5101:2-36-20 of the
Administrative Code. (C) Completion of the "Comprehensive Assessment Planning
Model - I.S., Safety Assessment" is required for family in need of
services, stranger danger investigations. (D) Except as provided in paragraph (E)
of this rule, completion of the "Comprehensive Assessment Planning Model -
I.S., Family Assessment" is required 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. (E) The following family in need of
services report subcategories do not require the completion of a
"Comprehensive Assessment Planning Model - I.S., Family Assessment"
prior to the completion of the "Family Case Plan": (1) Deserted
child. (2) Emancipated
youth. (3) Permanent
surrender. (4) ICPC. (5) Interstate compact on
adoption and medical assistance (ICAMA).
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Rule 5101:2-36-11 | Extending time frames for completion or waiving completion of assessment/investigation activities.
(A) The public children services agency
(PCSA) shall request an extension 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 shall: (1) Contain written
justification for not meeting the established time frame. (2) Contain supervisory
approval of the written justification prior to the expiration of the
established time frame. (3) Be maintained in the
case record. (B) An extension is permitted for the following
assessment/investigative activities: (1) Completion of the JFS
01401 "Comprehensive Assessment Planning Model - I.S., Safety
Assessment" (rev. 2/2006). The time frame may be extended until
face-to-face contact with each required participant is completed or until the
PCSA is required to make a report disposition or final case
decision. (2) Execution of the
second attempt to complete face-to-face contact and the JFS 01401 within four
working days from the screening decision when all of the following have been
recorded in the extension justification 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 SACWIS prior to the expiration of the fourth working
day. (3) Obtaining the signature of the
parent, guardian, or custodian, or person(s) responsible for an action step on
the JFS 01409 "Comprehensive Assessment Planning Model - I.S., Safety Plan
for Children" (rev. 2/2006) within twenty-four hours from receipt of the
verbal authorization. The time frame of the extension shall not exceed five
working days. (C) A fifteen day extension is permitted
to complete the JFS 01400 "Comprehensive Assessment Planning Model - I.S.,
Family Assessment" (rev. 7 /2006), JFS 01402 "Comprehensive
Assessment Planning Model - I.S., Ongoing Case Assessment/Investigation"
(rev. 7/2006 ), JFS 01403 "Comprehensive Assessment Planning Model - I.S.,
Specialized Assessment/Investigation" (rev. 2/2006), JFS 01419
"Comprehensive Assessment Planning Model - I.S., Alternative Response
Family Assessment" (rev. 7 /2008), JFS 01423 "Comprehensive
Assessment Planning Model - I.S., Alternative Response Ongoing Case Assessment
" (rev. 7/2008 ) or to reach a case disposition or case decision if
diligent efforts to complete the necessary activities have been unsuccessful
and one of the following applies: (1) A principal of the
report has not been interviewed. (2) The PCSA is waiting
on documentation/information from another entity that is necessary in
determining the disposition or case decision. (3) Interviews with
collaterals or witnesses who have specific information about the allegations
have not been completed. (4) The case is assigned
to the alternative response pathway and additional time is needed to complete
the linkage to services prior to case closure. (D) An extension is permitted to notify
the alleged perpetrator in writing of the report disposition if the alleged
perpetrator is the subject of a law enforcement investigation into human
trafficking. The timeframe for the extension shall not exceed one hundred
twenty days from the date the PCSA screened in the referral as a child abuse
and/or neglect report. (E) The PCSA shall complete a request to waive an
assessment/investigation activity pursuant to the requirements established
within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code if the PCSA
is unable to complete specific assessment/investigative activities. The request
shall: (1) Contain written
justification of why each assessment/investigation activity can not be
completed. (2) Contain the
director's or designee's approval of the written request prior to the
termination of the established time frame, or extended time frame, for the
assessment/investigation activity. (3) Be maintained in the
case record. (F) 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, or
custodian. (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 JFS 01400, JFS
01401, JFS 01402, or JFS 01403 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 JFS
01401, JFS 01419 or the JFS 01423 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 JFS 01400, JFS
01401, JFS 01402, or JFS 01403 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 in order
to complete the JFS 01400, JFS 01401, JFS 01402, or JFS 01403. (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 required 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 if all of the following apply: (a) The PCSA has obtained one signature from a parent, guardian,
or custodian on the JFS 01409. (b) The PCSA determines the parent, guardian, or custodian who
has not signed is unable or unavailable to sign the JFS 01409. (c) The reason(s) why the parent, guardian, or custodian who has
not signed is unable or unavailable to sign the JFS 01409 is documented in the
case record. (10) Completion of the JFS 01400, JFS
01401, JFS 01402, JFS 01403, JFS 01419, or JFS 01423 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. (G) The PCSA shall not complete a justification to waive or
extend the completion time frame for any assessment/investigation activity not
identified within this rule.
Last updated August 7, 2024 at 11:13 AM
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Rule 5101:2-36-12 | PCSA requirement for cross-referring reports of child abuse and/or neglect.
Effective:
September 15, 2022
(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 required by this
rule. (B) At minimum, the public children
services agency (PCSA) is to make a cross referral to law
enforcement: (1) Upon receiving
information alleging a criminal offense. (2) Within seven calendar
days of screening in a report alleging abuse in which law enforcement is not
the referrent. (3) Within seven calendar
days of screening in a report alleging neglect in which law enforcement is not
the referrent if the PCSA enacts a safety plan, including but not limited to
removal, due to neglect. (C) The PCSA shall cross refer reports of
child abuse and or neglect in accordance with the PCSA's county child
abuse and neglect memorandum of understanding, and if applicable, the
interagency agreement with a child advocacy center pursuant to rule
5101:2-33-26 of the Administrative Code and section 2151.428 of the Revised
Code. (D) The PCSA shall contact the following
licensing and supervising authorities, as applicable, no later than the next
working day from the date the referral was screened in to share information
pursuant to rules 5101:2-33-21 and 5101:2-36-04 of the Administrative
Code: (1) The Ohio department
of developmental disabilities (ODDD) division of developmental centers quality
assurance if the report involves a developmental center managed by ODDD; or the
office of licensure if the report involves a foster or group home licensed by
ODDD. (2) The local county
board of developmental disabilities (DD) if the report involves any program
managed by the county board of DD. (3) The local board of
alcohol, drug addiction, and mental health and the Ohio department of mental
health and addiction services (OMHAS) if the report involves a qualified
residential treatment program certified by OMHAS. (4) The Ohio department
of youth services' (ODYS) chief inspector if the report involves an
institution or facility for delinquent children managed by ODYS; or the
juvenile judge and ODYS' division of parole, courts, and community
services if the report involves a detention or rehabilitation facility managed
by a juvenile court and approved by ODYS. (5) The superintendent of
the local schools or the Ohio department of education's (ODE) legal
counsel if the report involves the school for the deaf or blind or early
education programs managed by ODE. (6) The Ohio department of job and family
services (ODJFS), foster care licensing, if the report involves a foster home,
group home, children's residential facility, or qualified residential
treatment program certified by ODJFS. (7) The ODJFS, child care licensing, if
the report involves a child care center or a type A or type B family child care
home which is or should be licensed by ODJFS. (8) The local county department of job
and family services (CDJFS) if the report involves an in-home aide who is
certified by the CDJFS or a type B family child care provider.
Last updated August 7, 2024 at 10:54 AM
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Rule 5101:2-36-14 | Protective service alert.
(A) A public children services agency
(PCSA) shall issue a protective service alert (PSA) if either of the following
occurs: (1) The PCSA receives an
abuse or neglect report, the whereabouts of a child or his or her parent,
guardian, or custodian are unknown, and the PCSA has reason to believe the
child is in immediate danger of serious harm. (2) The PCSA determines
that protective services are needed, the whereabouts of the child or his or her
parent, guardian, or custodian are unknown and the PCSA has reason to believe
the child remains at risk of abuse or neglect. (B) The PCSA shall issue a PSA in the
statewide automated child welfare information system (SACWIS) and specify
whether the PSA is to be processed as an in-state or out-of-state
alert. (C) Upon receipt of the notification that a person has been
located, the PCSA who has located a person shall cancel the PSA. (D) The PCSA is to set the expiration date of the PSA at a
minimum of one year from the creation date. The PSA will expire on the
expiration date selected as long as the requirement for a minimum of one year
is met. (E) A PSA may be extended prior to the expiration date. A
PSA extension will expire one year from the issue date.
Last updated August 7, 2024 at 10:54 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.
(A) The PCSA shall 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 as a report in order
to assess child safety. (2) For all other
reports, complete one of the following activities, within twenty-four hours
from the time the referral was screened in as a report, with a principal of the
report or collateral source, who has knowledge of the child's current
condition and can provide current information about the childs
safety: (a) Attempt a face-to-face contact with the parent, child or
collateral source. (b) Attempt a telephone contact with the parent 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. (B) The PCSA shall 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. (C) The PCSA shall document in the case record the date,
time, and with whom the assessment was initiated. For all reports initiated by
the mailing of a letter, the date the letter is mailed shall be documented in
the case record. (D) The PCSA shall complete and document the JFS 01401,
"Comprehensive Assessment Planning Model - I.S., Safety Assessment"
(rev. 2/2006) pursuant to rule 5101:2-37-01 of the Administrative
Code. (1) The PCSA shall
attempt face-to-face contact with the child subject of the report and a parent,
guardian, custodian, or caregiver within the first four working days from the
date the report was screened in as an abuse or neglect report. (2) If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (D)(1) of this
rule is unsuccessful, the PCSA shall attempt at least one additional
face-to-face contact within the first four working days from the date that the
referral was screened in as a report. (E) If the initial attempted face-to-face contacts with the
child subject of the report and caretaker, as specified in paragraphs (A) and
(D) of this rule are unsuccessful, the PCSA shall at a minimum continue making
attempts of face-to-face contact at least every five working days until the
child subject of the report and caretaker are seen or until the PCSA is
required to complete a case decision pursuant to paragraph (S) or (T) of this
rule. (F) The PCSA shall not contact a child subject of the
report or his or her siblings without parental consent, unless one of the
following exigent circumstances exists: (1) There is credible
information indicating the child is in 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 his or her
home. (3) There is credible
information indicating the child may be intimidated from discussing the alleged
abuse or neglect in his or her home. (4) The child requests to
be contacted at school or another location due to one of the circumstances
listed above. (G) If a child is contacted without parental consent, then
the same day, the PCSA shall 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 necessitating the child be contacted without parental
consent. (H) The specific facts necessitating contact with the child
be completed without parental consent shall be documented in the case
record. (I) If the attempt to contact the child's custodian
pursuant to paragraph (G) of this rule is unsuccessful, the PCSA shall 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 is required
to make a case decision pursuant to paragraph (S) or (T) of this
rule. (J) The PCSA shall complete and document face-to-face
contacts with each child residing within the home of the child(ren) who were
the subject of the report. (K) The PCSA shall complete and document face-to-face
contacts with all adults residing within the home of the child(ren) who were
the subject of the report. (L) If the attempted face-to-face contacts with the family,
as specified in paragraphs (J) and (K) of this rule are unsuccessful, the PCSA
shall continue making attempts of face-to-face contact at least every five
working days, at a minimum, until the child is seen or until the PCSA is
required to complete a case decision pursuant to paragraph (S) of this
rule. (M) The PCSA shall 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 JFS 01401, JFS
01419 "Comprehensive Assessment Planning Model - I.S., Alternative
Response Family Assessment" (rev. 7/2008), or JFS 01423
"Comprehensive Assessment Planning Model - I.S., Alternative Response
Ongoing Case Assessment" (rev. 7/2008) 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
paragraph (L) of rule 5101:2-36-01 of the Administrative Code. (N) The PCSA shall record a pathway switch in SACWIS 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. (O) The PCSA shall 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) shall be documented in the case record. (P) If the PCSA determines a child to be in immediate
danger of serious harm, the PCSA shall follow procedures outlined in rule
5101:2-37-02 of the Administrative Code. (Q) The PCSA shall 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 shall exercise discretion in the
selection of collateral sources to protect the family's right to
privacy. (R) If two or more PCSAs are involved in an assessment, the
lead county shall be determined by the following criteria: (1) The PCSA located
within the county where the parent, guardian, custodian of the child subject of
the report resides. (2) If an order of shared
parenting has been issued, and a residential parent has not been designated by
the court, the PCSA located within the county of residence of the custodian who
has physical care of the child subject of the report at the time the incident
occurred. (S) If requested by the lead PCSA, either verbally or in
writing, the non-lead PCSA located in a non-contiguous county shall conduct
interviews of any principals of the report and collateral sources presently
located within its jurisdiction to provide the lead agency with the information
necessary to complete the JFS 01401, JFS 01419, and/or JFS 01423 within the
time frames outlined in this rule. All PCSAs involved shall document the
request in the case record. (T) The PCSA shall have an interpreter present for all
interviews when the PCSA has determined that a principal of the report has a
language or any other impairment 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. (U) For all reports involving an infant
identified as affected by legal or illegal substance abuse or withdrawal
symptoms resulting from prenatal or postnatal substance exposure pursuant to
rule 5101:2-1-01 of the Administrative Code the PCSA shall: (1) Ensure the plan of
safe care has been developed. (2) Ensure the plan of
safe care addresses the safety needs of the infant. (3) Ensure the plan of
safe care addresses the health and substance use disorder treatment needs of
the affected family or caregiver. (V) The PCSA shall make a case decision by completing the
JFS 01419 pursuant to rule 5101:2-37-03 of the Administrative Code no later
than forty-five days from the date the PCSA screened in the referral as a
report. (1) The PCSA may extend
the time frame for completion of the JFS 01419 pursuant to rule 5101:2-36-11 of
the Administrative Code with written justification and supervisory approval.
The time frame for extension shall not exceed fifteen days. (2) The JFS 01419 shall
be entered in SACWIS within three working days from the date of the case
decision. (W) If the child abuse and/or neglect report involves a
family member receiving services after the completion of the JFS 01419, the
PCSA shall make the final case decision by completing the JFS 01423 pursuant to
rule 5101:2-37-03 of the Administrative Code. (X) 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 shall provide ongoing services to the
family pursuant to rule 5101:2-38-20 of the Administrative Code. (Y) Within two working days of completion of the
assessment, the PCSA shall do all of the following: (1) Notify the parent,
guardian, or custodian of the final case decision in writing. (2) Refer to "Help
Me Grow" any infant born and identified as affected by legal or illegal
substance abuse, fetal alcohol syndrome, or withdrawal symptoms resulting from
prenatal drug exposure. (3) Notify all
participants involved in the plan of safe care 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 shall 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. (Z) Documentation of the alternative response assessment,
including any materials obtained during the assessment, shall be maintained in
the case record. (AA) The PCSA may extend time frames for completion or waive
assessment activities pursuant to rule 5101:2-36-11 of the Administrative
Code.
Last updated August 7, 2024 at 10:54 AM
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