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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:2-40 | Supportive Services

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

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

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

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

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

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

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

(1) Information and referral services to community resources.

(2) Prevention services from the PCSA or Title IV-E agency in collaboration with community service providers pursuant to rule 5101:2-40-05 of the Administrative Code.

(3) Direct services from the PCSA.

(4) Contract services from community service providers.

(5) Compact services from community service providers.

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

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

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

(1) The safety planning process.

(2) The assessment/investigation process.

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

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

(5) The child's substitute care placement.

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

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

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

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

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

(4) The child is placed in substitute care.

(E) If one or more of the conditions listed in paragraph (D) of this rule exist, the service plan, shall be prepared in accordance with rule 5101:2-38-01, 5101:2-38-05, 5101:2-40-05, or 5101:2-38-20 of the Administrative Code.

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

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

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

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

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

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

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

(4) "Help Me Grow" early intervention services. "Help Me Grow" early intervention services means developmental services selected in collaboration with the parents of a child, birth through age two, who is eligible for services under part C of the Individuals with Disabilities Education Act, and designed to meet the developmental needs of the child and the needs of the child's family to assist appropriately in the child's development as identified in the individualized family service plan.

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

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

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

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

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

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

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

(1) Prevent child abuse or neglect.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(T) The PCSA shall document the following in SACWIS:

(1) Supportive services offered or provided.

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

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

(1) Title IV-B funds.

(2) Title IV-E funds.

(3) Title XX funds, through the CDJFS.

(4) State child protection allocation.

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

(6) Local funds.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Last updated April 8, 2021 at 1:23 PM

Supplemental Information

Authorized By: 2151.412, 2151.421, 5153.166
Amplifies: 2151.412, 5153.16, 2151.421
Five Year Review Date: 6/1/2024
Prior Effective Dates: 1/1/1988, 12/15/1996 (Emer.), 3/31/1997, 10/1/2009, 6/1/2019
Rule 5101:2-40-04 | Kinship permanency incentive (KPI) program.
 

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

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

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

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

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

(4) "Gross income" means income of the family as defined in paragraph (B)(2) of this rule before taxes and deductions.

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

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

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

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

(ii) Siblings.

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

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child.

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

(d) A legal guardian of the child.

(e) A legal custodian of the child.

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

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

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

(C) Eligible kinship caregiver(s) shall receive an initial incentive payment and may receive subsequent payments at six-month intervals to support the stability of the child's placement in the home.

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

(2) Individuals who were approved for their sixth incentive payment prior to March 17, 2014 are not eligible for additional incentive payments.

(3) Individuals who submitted their sixth application to the public children services agency (PCSA) on or after March 17, 2014 may be eligible for additional incentive payments.

(4) Individuals who have not received their sixth incentive payment may be eligible for additional incentive payments.

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

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

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

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

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

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

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

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

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

(F) The kinship caregiver(s) shall apply for the KPI program by submitting the following to the PCSA in the county in which the caregiver resides:

(1) The JFS 01501 "Application for Kinship Permanency Incentive" (rev. 9/2017).

(2) Verification that the caregiver has obtained legal custody or guardianship on or after July 1, 2005.

(3) Verification of income. Exclusions of reported income are as follows and shall not be included in the income calculation for eligibility:

(a) Child support paid out to another custodian for a child in the other custodian's care. The total amount of child support paid out shall be deducted from the gross income.

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

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

(d) Any income of minor children, including employment income and social security benefits paid to a child.

(e) Supplemental security income (SSI) payments and social security disability income (SSDI) payments.

(f) Adoption subsidy payments and foster care reimbursements.

(G) When the kinship caregiver(s) submits an application for re-determination, the PCSA shall review the eligibility requirements in paragraphs (E)(1) to (E)(4) of this rule with the kinship caregiver(s) to ensure the requirements continue to be met by the kinship caregiver's family.

(H) At the time of the kinship caregiver's initial application or re-determination, the PCSA in the county in which the kinship caregiver(s) resides shall:

(1) Provide the kinship caregiver(s) with the JFS 01501 upon request.

(2) Determine eligibility for the initial incentive payment.

(3) Notify the kinship caregiver(s) of the approval, denial or incomplete application in accordance with paragraphs (I) and (J) of this rule.

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

(5) Notify the kinship caregiver(s) at least thirty, but not more than sixty, calendar days prior to the eligibility for a subsequent incentive payment that the kinship caregiver(s) must submit a JFS 01501 and verifying documentation to enable the PCSA to determine eligibility.

(6) Determine continuing eligibility for subsequent incentive payments as long as the kinship caregiver(s) resides in that county.

(7) Notify the kinship caregiver(s) of the approval, denial or incomplete application for subsequent incentive payments in accordance with paragraphs (I) and (J) of this rule.

(I) The PCSA shall approve or deny the application for KPI based on criteria identified in paragraphs (E)(1) to (E)(5) of this rule and provide written notification on the "Notice of Approval for Kinship Permanency Incentive Funds" or the "Notice of Denial for Kinship Permanency Incentive Funds" reports generated from the statewide automated child welfare information system (SACWIS) to the kinship caregiver(s) of its decision within fifteen business days of receipt of the completed JFS 01501, supporting documentation, and the results of the background checks.

(J) When sufficient information is not available to enable the PCSA to approve or deny the application for incentive payments, the PCSA shall provide the kinship caregiver(s) with notification on the "Notice of Incomplete Kinship Permanency Incentive Application" generated from SACWIS that identifies the information needed and informs the kinship caregiver(s) that if information requested is not submitted within ten calendar days the application will be denied. This shall not prohibit the kinship caregiver(s) from reapplying.

(K) If a kinship caregiver(s) relocates to another Ohio county, the PCSA in the new county of residence is responsible for determining eligibility for subsequent incentive payments. When known, the PCSA in the county in which the kinship caregiver(s) currently resides shall coordinate with the PCSA in the county of former residence in order to secure information regarding prior incentive payments. The PCSA in the county in which the kinship caregiver(s) formerly resided shall share information regarding prior incentive payments and upon request, transfer the case to the PCSA of the kinship caregiver's new county of residence.

(L) When a PCSA conducts and approves a home assessment in accordance with rule 5101:2-42-18 of the Administrative Code for a child's placement with a relative or nonrelative substitute caregiver residing in another county, the PCSA in the county of residence may use the approved home assessment to support KPI program eligibility.

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

(N) If a director of a PCSA determines that a kinship caregiver(s) has received a fraudulent incentive, the kinship caregiver(s) shall be ineligible to participate in the KPI program for any child. The PCSA that determines that a kinship caregiver(s) has received a fraudulant incentive shall indicate this in SACWIS.

(O) The PCSA shall enter applications and incentive payments into SACWIS.

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

(Q) The PCSA shall inform the kinship caregiver(s) of the right to request a state hearing and provide the kinship caregiver(s) with a copy of the JFS 04059 "Explanation of State Hearing Procedures" (rev. 1/2015) upon approval or denial of their application. The kinship caregiver(s) has the right to request a state hearing if the PCSA denies eligibility for KPI, or the application has been acted upon erroneously, or not acted upon with reasonable promptness.

Last updated November 4, 2021 at 11:27 AM

Supplemental Information

Authorized By: 5101.801, 5101.802
Amplifies: 5101.801, 5101.802
Five Year Review Date: 3/1/2024
Prior Effective Dates: 9/29/2011, 9/1/2017
Rule 5101:2-40-05 | PCSA requirements for providing family first prevention services.
 

(A) The public children services agency (PCSA) may provide family first prevention services to candidates for prevention services who have a screened in report by the PCSA through a "Prevention Services Plan" or "Family Case Plan," informed by the use of an assessment of safety and an assessment of risk.

(B) The PCSA is to complete an assessment of safety and an assessment of risk for candidates for prevention services to determine the following:

(1) The protective capacities of the parent, guardian, or custodian.

(2) The vulnerabilities of each child in the home.

(3) If an active safety threat is present.

(4) The presenting risk contributors of the family.

(5) The service needs of the family.

(6) The type of service plan to best match the family's needs.

(C) The PCSA may initiate prevention services prior to the completion of the "Family Assessment."

(D) The PCSA may provide prevention services by designating a case category in SACWIS of "Prevention Services" and developing a "Prevention Services Plan" or by designating a case category in SACWIS of "Ongoing" and developing a "Family Case Plan." Case category selection should be informed by the assessment of safety and risk in accordance with the following:

(1) The PCSA is to select the "Ongoing" case category and follow the requirements set forth in rule 5101:2-38-01, 5101:2-38-05, or 5101:2-38-20 of the Administrative Code if:

(a) The family has an active "Safety Plan."

(b) The family has an active "Family Case Plan."

(2) The PCSA may select the "Prevention Services" case category for cases in which paragraph (D)(1) of this rule does not apply.

(E) The PCSA is to complete and implement the "Prevention Services Plan" for cases assigned to the "Prevention Services" case category no later than thirty days from the completion of the "Comprehensive Assessment Planning Model - I.S., Family Assessment" ("Family Assessment") in accordance with the following:

(1) Include at least one evidence based practice service delivered by a "Center of Excellence" selected service provider.

(2) Obtain agreement on the "Prevention Services Plan"; obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the "Prevention Services Plan" within seven days of the agreement.

(F) The PCSA is to have at least one face to face contact with each parent, guardian, or custodian and child involved in the "Prevention Services Plan" every other month in the child's home. During contact the PCSA is to:

(1) Assess child safety;

(2) Review the "Prevention Services Plan";

(3) Obtain the family's perception and experiences with the service provider;

(4) Determine if there are any desired changes to the service plan.

(G) The PCSA is to have minimum monthly contact with each service provider involved in the "Prevention Services Plan." If more frequent contact is required by the evidence based practice those standards should be followed and fidelity to the model will be monitored by the "Center of Excellence." During monthly contact the PCSA is to obtain:

(1) Actions and activities completed by the provider and the family;

(2) Desired service outcomes and progress of the family;

(3) Presenting concerns regarding child safety within the family;

(4) Changes to the provider's service plan delivery.

(H) The PCSA is to review the progress of the "Prevention Services Plan" no later than every ninety days after the completion date of the "Family Assessment" by completing the "Prevention Plan Review." The "Prevention Plan Review" is to contain a summary of the service provider contacts and family contacts.

(I) The PCSA is to complete the "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review (SAR)" no later than every one hundred eighty days from completion of the "Family Assessment." The PCSA will invite parties to the "Prevention Services Plan" and provide a copy pursuant to rule 5101:2-38-10 of the Administrative Code.

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

(K) The PCSA is to transfer a "Prevention Services Plan" under the "Prevention Services" case category in SACWIS to a "Family Case Plan" under the "Ongoing" case category in SACWIS if the following occurs during the provision of prevention services:

(1) An assessment of safety or risk identifies the need for services better suited for a family through a "Family Case Plan" under the "Ongoing" case category in SACWIS pursuant to rule 5101:2-38-01, 5101:2-38-05 or 5101:2-38-20 of the Administrative Code.

(2) A "Safety Plan" is implemented pursuant to rule 5101:2-37-02 of the Administrative Code.

(3) The family requests to be served through a "Family Case Plan" under the "Ongoing" case category in SACWIS.

(L) The PCSA is to update the "Prevention Services Plan" and obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the plan within seven days of the agreement if there is a change in the following:

(1) Services.

(2) Participants.

(3) Service provider.

(M) If the child's parent, guardian, or custodian no longer agree on the "Prevention Services Plan," the PCSA is to assess the safety and risk and determine one of the following:

(1) Discontinue all services and close the case.

(2) Offer voluntary services through the "Family Case Plan" under the "Ongoing" case category in SACWIS if safe and appropriate.

(3) File a complaint with the court pursuant to section 2151.27 of the Revised Code if the child is an abused, neglected, or dependent child and intervention of the court is needed for the child's protection.

(N) The PCSA is to complete the following to close a prevention services case:

(1) Complete a "Prevention Plan Review" within thirty days of closure;

(2) Notify the participants and service providers of the intent to close the prevention services case and terminate the "Prevention Services Plan" in writing; and

(3) Terminate the "Prevention Services" case category in SACWIS.

(O) The PCSA is to record and maintain all documentation in SACWIS.

Last updated April 8, 2021 at 1:24 PM

Supplemental Information

Authorized By: 2151.412, 2151.421, 5153.166
Amplifies: 2151.412, 5153.16, 2151.421, 2151.429, 5103.03
Five Year Review Date: 4/1/2026
Rule 5101:2-40-10 | The Ohio kinship and adoption navigator (OhioKAN) program.
 

(A) The Ohio kinship and adoption navigator program (OhioKAN) is a program designed to provide a resource for kinship and post-adoptive families to assist them in learning about, finding, and using programs and services to meet the needs of the children and youth they are raising as well as the needs of the caregivers. The OhioKAN program is to provide information and referral services and assistance obtaining support services including, but not limited to:

(1) Publicly funded child care;

(2) Respite care services, as defined in rule 5101:2-1-01 of the Administrative Code;

(3) Training related to caring for special needs children; and

(4) Legal services.

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

(1) "Adoptive parent" means a person who has adopted a person legally available for adoption.

(2) "Child" means any person under eighteen years of age or under nineteen years of age and who is a full-time student in a secondary school or in the equivalent level of vocational or technical training, or a person with a mental or physical disability who is under twenty-one years of age.

(3) "Formal kinship caregiver" means a kinship caregiver who:

(a) Has been licensed by the state of Ohio as a foster caregiver;

(b) Has been assessed and approved as a relative or nonrelative substitute caregiver by a public children services agency (PCSA) or private child placing agency (PCPA) in accordance with rule 5101:2-42-18 of the Administrative Code; or

(c) Is caring for a child who is residing in the home on a safety plan as defined in rule 5101:2-1-01 of the Administrative Code.

(4) "Informal kinship caregiver" means a private caregiver arrangement made between the parent and kinship caregiver where no child welfare agency is involved. Informal kinship caregivers may include caregivers who have temporary or legal custody or guardianship, caregivers who have a power of attorney or caretaker authorization affidavit, and caregivers of a child whose parent(s) retain legal custody of the child.

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

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

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

(ii) Siblings;

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

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child.

(c) Spouses and former spouses of individuals named in paragraphs (B)(5)(a)(i) to (B)(5)(a)(iv) and (B)(5)(b) of this rule.

(d) A legal guardian of the child.

(e) A legal custodian of the child.

(f) Any nonrelative adult that has a familiar and long-standing relationship or bond with the child or family, which relationship or bond will ensure the childs social ties.

(6) "Kinship family" means the kinship caregiver(s) and kinship child(ren) residing in the same home.

(7) "Navigator" means an OhioKAN representative assigned to provide information and referral services, and additional services as determined necessary, to eligible kinship and adoptive families in Ohio.

(8) "Post-adoptive family" means the adoptive parent(s) and adopted child(ren) residing in the same home.

(C) Any kinship caregiver or kinship family, including formal and informal, or adoptive parent, or post-adoptive family may be eligible to receive services from the OhioKAN program, except when a biological parent with legal custody who has primary caregiving responsibilities for the child, and who is not a "child" pursuant to the definition in paragraph (B)(2) of this rule resides in the home.

(D) A kinship or post-adoptive family may be referred to the OhioKAN program by any entity, agency, or organization who identifies that the family may benefit from services.

(E) A kinship caregiver or adoptive parent may request services directly from the OhioKAN program by contacting an OhioKAN representative, by completing a web inquiry on the website at www.OhioKAN.jfs.ohio.gov, or by calling OhioKAN at 1-844-OhioKAN (1-844-644-6526).

(F) Upon inquiry by a kinship caregiver or adoptive parent, or upon referral by another entity, the OhioKAN representative who receives the inquiry or referral is to:

(1) Contact the kinship caregiver or adoptive parent, collect intake information, and enter it into the statewide automated child welfare information system (SACWIS.)

(2) Complete an initial screening to determine the reason for the inquiry.

(3) Provide immediate intervention and flag for follow-up when the kinship caregiver or adoptive parent indicates that the child is at risk of self-harm or of harming others, or that there is an imminent risk of disruption of the kinship or adoptive child.

(4) Complete a brief needs assessment, in accordance with the OhioKAN procedure manual, to identify additional needs and resources.

(G) When the completion of the brief needs assessment indicates that the kinship caregiver or adoptive parent needs information and referral services, the OhioKAN navigator or representative is to:

(1) Provide the appropriate information and referral to the kinship caregiver or adoptive parent; and

(2) Follow up with the kinship caregiver or adoptive parent to determine if the needs have been met.

(H) When the completion of the brief needs assessment indicates that the kinship caregiver or adoptive parent has needs that are urgent or complex, the OhioKAN navigator may complete a comprehensive needs assessment with the kinship caregiver or adoptive parent in accordance with the OhioKAN procedure manual.

(I) Following the identification of the family's needs and resources, the OhioKAN navigator may complete an initial support plan with the kinship caregiver or adoptive parent.

(J) When a support plan is completed, it is to address the following:

(1) The identified needs of the kinship family or post-adoptive family.

(2) The minimum contact the OhioKAN navigator will have with the kinship or post-adoptive family.

(3) The referrals and the services that will be provided to the kinship family or post-adoptive family.

(K) The navigator is to review the support plan within the time frames identified in the OhioKAN procedure manual to ensure that the appropriate services are being provided and to identify additional needs. Reviews may be conducted during face-to-face visits or phone contacts. The reviews may be conducted as desk reviews depending on the circumstances of the case and the family's involvement with other agencies.

(L) The OhioKAN service episode is to be closed in SACWIS when:

(1) A review of the services provided, in accordance with the OhioKAN procedure manual, indicates that the family's needs have been met;

(2) The kinship caregiver, kinship family, adoptive parent, or post-adoptive family is no longer eligible;

(3) The kinship caregiver or adoptive parent requests closure of the service episode; or

(4) The kinship caregiver or adoptive parent is not participating in the service episode.

(M) The kinship caregiver or adoptive parent should actively participate in the OhioKAN program by:

(1) Providing OhioKAN with documentation or verification that is requested to facilitate eligibility or service provision;

(2) Providing OhioKAN with any change in contact information or residence;

(3) Participating in the development of the support plan and follow up reviews;

(4) Providing OhioKAN with any information that might affect their eligibility, including, but not limited to, changes in household composition, placement of eligible children, or emergent issues that may affect service provision.

(N) The OhioKAN navigator responsibilities include, but are not limited to:

(1) Reviewing the inquiry and completing the screening and assessment documents;

(2) Completing the support plan and reviewing and updating it as required;

(3) Providing services and referrals that are necessary or required;

(4) Documenting all contact and service activities in SACWIS;

(5) Reporting any suspected child abuse or neglect to the local public children services agency; and

(6) Conducting minimum contact requirements with the kinship caregiver, adoptive parent, kinship family, or post-adoptive family as specified in the OhioKAN procedure manual.

(O) Recipients and potential recipients of OhioKAN program services have a right to file a complaint with the OhioKAN program. The complaint review process includes the following components:

(1) Complaints may be submitted verbally or in writing and should include the following information:

(a) The name and contact information of the individual making the complaint;

(b) The name of all individuals involved in the complaint; and

(c) The circumstances surrounding the complaint.

(2) Complaints should be addressed first at the site level with the site supervisor and an OhioKAN regional coach. If the individual who submitted the complaint is dissatisfied with the proposed resolution of the complaint, the complaint is to be elevated to the next administrative level.

(3) All complaints are to be reviewed within thirty calendar days from the date of the submission of the complaint. Upon the conclusion of the review, the OhioKAN representative reviewing the complaint is to provide the resolution in writing to the individual who submitted the complaint.

(4) All complaints and resolutions are to be communicated to the appropriate OhioKAN regional director.

(P) The OhioKAN program will operate to the extent that general revenue funds have been appropriated by the general assembly for that purpose.

Supplemental Information

Authorized By: 5101.855
Amplifies: 5101.851, 5101.853, 5101.854
Five Year Review Date: 10/1/2025