This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:2-42-04 | Authority to assume and retain custody of a child.
Effective:
November 1, 2019
(A) A public children services agency
(PCSA) or private child placing agency (PCPA) shall place a child in a
substitute care setting apart from his parents, guardian, or custodian only if
custody of the child has first been assumed or retained by that agency. A PCSA
or PCPA with custody of a child may place the child(ren) with the parent in a
substance use disorder residential facility (SUD). A PCSA or PCPA may provide
placement services for a child through the direct placement of the child by his
parent, guardian, or custodian into a facility operated by the PCSA or
PCPA. (B) A PCSA or PCPA may assume or retain
custody of a child through: (1) Temporary court
order, including an ex parte emergency order, issued by a juvenile
court. (2) Temporary custody
issued or extended by a juvenile court exercising jurisdiction pursuant to
section 2151.353, 2151.354, 2151.415, or 2151.417 of the Revised
Code. (3) Execution of a JFS
01666 "Permanent Surrender of Child" (rev. 10/2013) in accordance
with requirements of rule 5101:2-42-09 of the Administrative Code. (4) Permanent custody
issued by a juvenile court exercising jurisdiction pursuant to section
2151.353, 2151.354, 2151.414, 2151.415, or 2151.417 of the Revised
Code. (5) Execution of a JFS
01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) in
accordance with requirements of rules 5101:2-42-06 and 5101:2-42-08 of the
Administrative Code. (6) Execution of another
JFS 01645 for extension of temporary custody in accordance with requirements of
rules 5101:2-42-07 and 5101:2-42-08 of the Administrative Code. (7) Planned permanent
living arrangement order issued by a juvenile court exercising jurisdiction
pursuant to division (A)(5) of section 2151.353 of the Revised
Code. (C) A PCSA may place a child in substitute care upon acceptance
of the child from a law enforcement officer or duly authorized officer of the
court. Upon acceptance of the child the PCSA shall file a petition with the
court for an ex parte order authorizing the continued placement of the child
within twenty-four hours or the next working day, pursuant to rule 5101:2-39-01
of the Administrative Code, if applicable. (D) A PCSA shall accept and take emergency temporary custody of a
deserted child as defined in rule 5101:2-1-01 of the Administrative Code. The
PCSA shall: (1) Provide temporary
emergency care for the child. (2) Petition the juvenile
court for an order within twenty-four hours or the next working day requesting
that temporary custody be granted to the PCSA or a designated
PCPA. (3) Perform such duties
for the deserted child as required for any child in the agency's
custody.
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Rule 5101:2-42-05 | Selection of a placement setting.
Effective:
November 1, 2019
(A) When a child cannot remain in his or
her own home, the public children services agency (PCSA) or private child
placing agency (PCPA) shall explore both maternal and paternal relatives
including a non-custodial parent regarding their willingness and ability to
assume temporary custody or guardianship of the child. Unless it is not in the
child's best interest, the PCSA or PCPA shall explore the non-custodial
parent before considering other relatives. (B) If a suitable relative is not
available to assume temporary custody, guardianship, or placement, the PCSA or
PCPA shall explore placement with a suitable nonrelative who has a relationship
with the child and/or family. (C) The PCSA or PCPA shall only place
children: (1) In homes of relative
or non-relatives approved by the PCSA or PCPA in accordance with rule
5101:2-42-18 of the Administrative Code. (2) In substitute care
settings that are licensed, certified or approved by the agency of the state
having responsibility for licensing, certifying or approving facilities of the
type in which the child is placed. (D) The PCSA or PCPA shall attempt to
place siblings in the same home unless it is not in the child's or
siblings' best interest. (E) When the PCSA or PCPA has temporary
custody of a child, it shall select a substitute care setting that is
consistent with the best interest and special needs of the child and that meets
the following criteria: (1) Is considered the
least restrictive, most family-like setting available to meet the child's
emotional and physical needs. (2) Is in close proximity
to the home from which the child was removed or the home in which the child
will be permanently placed. (3) Is in close proximity
to the school in which the child was enrolled prior to placement. (4) Is designed to
enhance the likelihood of achieving permanency plan goals. (5) Is able to provide a
safe environment for the child. (F) The following allowable substitute
care settings are listed in order from least restrictive to most
restrictive: (1) With the parent in a
substance use disorder (SUD) residential facility. (2) The home of a
suitable relative, excluding the parent, as defined in rule 5101:2-1-01 of the
Administrative Code. (3) The home of a suitable nonrelative as
defined in rule 5101:2-1-01 of the Administrative Code. (4) A foster home. (5) An independent living arrangement, as
appropriate for the child. (6) A group home. (7) A maternity home. (8) An emergency shelter care
facility. (9) A children's residential
center. (10) A medical or educational
facility. (G) For a child in the permanent custody
of a PCSA or PCPA, an adoptive placement shall be considered the least
restrictive setting. When selecting an adoptive placement, the agency shall
follow rule 5101:2-48-16 of the Administrative Code. (H) The PCSA or PCPA may place the child
in a more restrictive setting, only when the PCSA or PCPA determines that a
child's mental, physical or emotional needs indicate that a
less-restrictive setting cannot address the child's needs. (I) This rule shall not contravene the
placement of a child in a secure facility or other specified setting by law
enforcement or any court of jurisdiction. (J) The PCSA or PCPA shall document the
following in the child's case plan: (1) Educational, medical,
psychological, and social information used by the agency to select a placement
setting. (2) How the setting
constitutes a safe and appropriate placement. (3) Why less-restrictive
placements, if applicable, were not utilized. (K) The provisions of this rule do not
apply to a permanent surrender agreement executed in the child's best
interest by a PCPA in accordance with division (B)(2) of section 5103.15 of the
Revised Code for a child less than six months of age for the purpose of
adoption on the date of the execution of the agreement. (L) All placement activities shall be in
compliance with rules 5101:2-42-18.1 and 5101:2-48-13 of the Administrative
Code and 42 U.S.C. sections 671(a)(18), 674(d) and 1996b (collectively, the
Multiethnic Placement Act of 1994 as amended by Section 1808 of the Small
Business Job Protection Act of 1996 as in effect January 1, 1997).
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Rule 5101:2-42-06 | "Agreement for Temporary Custody of Child" (JFS 01645).
(A) The JFS 01645 "Agreement for
Temporary Custody of Child" is the sole form prescribed by the Ohio
department of job and family services (ODJFS), pursuant to section 5103.15 of
the Revised Code. The JFS 01645 is to be utilized for all such
agreements. (B) Execution of the JFS 01645 creates
the status of temporary custody with a public children services agency (PCSA)
or private child placing agency (PCPA) for a specified time period subject to
the provisions of rule 5101:2-42-08 of the Administrative Code. The agreement
for temporary custody may be terminated at the request of either party prior to
expiration of the specified time period. (C) By execution of the JFS 01645, a PCSA
or PCPA accepts the responsibilities as specified on the JFS 01645, in addition
to any further responsibility imposed by law on one who holds temporary custody
of a child. (D) By execution of the JFS 01645, a PCSA
or PCPA is given authority for action as specified on the JFS 01645, in
addition to any further responsibility prescribed by law to one who holds
temporary custody of a child. (E) By execution of the JFS 01645, the
parent, guardian, or custodian accepts the responsibility as specified on the
JFS 01645, in addition to those imposed by law.
Last updated July 2, 2024 at 10:39 AM
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Rule 5101:2-42-07 | Extension of "Agreement for Temporary Custody of Child" (JFS 01645).
(A) The JFS 01645 "Agreement for
Temporary Custody of Child" is the sole form prescribed by the Ohio
department of job and family services pursuant to section 5103.15 of the
Revised Code. The JFS 01645 is to be utilized for an original or additional
thirty-day extension of an agreement for temporary custody of a
child. (B) Court approval of the JFS 01645,
either for an original or additional extension extends the status of the
agreement with the public children services agency (PCSA) or private child
placing agency (PCPA) for the specified time period in accordance with rule
5101:2-42-08 of the Administrative Code. (C) An extension of the temporary custody
by agreement may be terminated at the request of either party prior to
expiration of the specified time period. The PCSA or PCPA is to notify the
court of such termination within seven days. (D) A PCSA or PCPA is to accept the
responsibilities as specified on a court-approved JFS 01645, in addition to any
further responsibility imposed by law on one who holds temporary custody of a
child. (E) A PCSA or PCPA is given authority for
action as specified on the court-approved JFS 01645, in addition to any further
responsibility imposed by law on one who holds temporary custody of a
child. (F) The parent, guardian, or custodian,
accepts the responsibility as specified on the court-approved JFS 01645, in
addition to those imposed by law.
Last updated July 2, 2024 at 10:39 AM
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Rule 5101:2-42-08 | Acceptance of temporary custody by agreement and court-approved extensions.
Effective:
November 1, 2019
(A) Agreement for temporary custody or
an extension of the agreement may be accepted by a public children services
agency (PCSA) or private child placing agency (PCPA) only by proper execution
of the JFS 01645 "Agreement for Temporary Custody of Child" (rev.
4/2006) and compliance with the conditions stated therein. (B) For the purpose of this rule, the
PCSA or PCPA shall execute the JFS 01645 in the county in which the parent,
guardian or custodian has residence or legal settlement. (C) Temporary custody by agreement shall
be accepted only from a child's parent, guardian, or
custodian. (D) The JFS 01645 shall not be executed
until the PCSA or PCPA has completed all of the following: (1) Evaluated the reason
for the transfer of temporary custody. (2) Explored all
reasonable less drastic alternatives for the care of the child by
his: (a) Parent (b) Non-custodial parent (c) Guardian (d) Custodian (e) Relative, or (f) Other interested nonrelative (3) Determined that
appropriate placement resources are available for the child. (4) Reviewed the JFS
01645 with the parent, guardian, or custodian. (E) When the child is less than six
months of age on the date of the execution of the JFS 01645 and the purpose is
adoption, the agreement for temporary custody shall be for a specified period
of not more than sixty days. If the PCSA or PCPA determines temporary custody
should continue beyond sixty days and the child's parent, guardian, or
custodian concurs, the PCSA or PCPA shall file a request with the juvenile
court of the county in which the parent, guardian or custodian has residence or
legal settlement for a thirty-day extension of such agreement for temporary
custody. (F) When the agreement for temporary
custody is not for the purpose of adoption, the agreement for temporary custody
shall be for a specified period of not more than thirty days. (1) If the PCSA or PCPA
determines temporary custody beyond thirty days is appropriate, and the
child's parent, guardian, or custodian concur, the PCSA or PCPA shall file
a request with the juvenile court for an original thirty-day extension of the
agreement for temporary custody. (2) If the PCSA or PCPA
determines temporary custody beyond the original thirty-day extension approved
by the juvenile court is appropriate, and the child's parent, guardian, or
custodian concur, the PCSA or PCPA shall seek approval from the juvenile court
which granted approval of the original thirty-day extension for an additional
thirty-day extension of the agreement. (G) When requesting juvenile court
approval for a thirty-day original extension or an additional thirty-day
extension of an agreement, the PCSA or PCPA shall: (1) File the request in
sufficient advance of the expiration date of the agreement, as directed by the
court, to allow the court to determine whether the extension is in the best
interest of the child; and (2) If the request is for
an original extension, file a copy of the case plan prepared in accordance with
rule 5101:2-38-05 of the Administrative Code for PCSAs, and rules 5101:2-38-06
and 5101:2-38-07 of the Administrative Code for PCPAs; or (3) If the request is for
an additional extension, file a copy of the amended case plan prepared in
accordance with rule 5101:2-38-05 of the Administrative Code for PCSAs, and
rules 5101:2-38-06 and 5101:2-38-07 of the Administrative Code for
PCPAs. (4) Document in the case
record the reasons why an original or additional extension is necessary and
efforts to be made during the extension period to fulfill the case
plan. (H) If the PCSA or PCPA does not request
an original thirty-day extension or an additional thirty-day extension, the
PCSA or PCPA shall: (1) Return the child to
his parent, guardian, or custodian; or (2) File a complaint with
the juvenile court pursuant to section 2151.27 of the Revised Code requesting
temporary or permanent custody. (I) When filing a complaint with the juvenile court, the
complaint must be accompanied by a case plan prepared in accordance with rule
5101:2-38-05 of the Administrative Code for PCSAs, and rules 5101:2-38-06 and
5101:2-38-07 of the Administrative Code for PCPAs. (J) If the PCSA or PCPA is denied an
extension, it shall return the child unless it has obtained a court order
authorizing it not to do so. Upon being denied an extension, the PCSA or PCPA
may file a complaint and seek an emergency order permitting the PCSA or PCPA to
retain custody pursuant to section 2151.33 of the Revised Code.
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Rule 5101:2-42-09 | Acceptance of permanent custody by permanent surrender.
Effective:
November 1, 2019
(A) The parents, guardian, or other
persons having custody of a child may enter into an agreement with a public
children services agency (PCSA) or private child placing agency (PCPA) to
voluntarily surrender a child into the permanent custody of an agency when
there is mutual agreement that a permanent surrender would be in the best
interests of the child. The PCSA or PCPA shall use the JFS 01666
"Permanent Surrender of Child" (rev. 10/2013) when executing the
agreement. The JFS 01666 shall not be executed until at least seventy-two hours
after the birth of the child has elapsed. (B) At least seventy-two hours prior to
the PCSA or PCPA execution of the JFS 01666, the assessor shall meet with the
parents, guardian or custodian of the child to do the following: (1) Discuss with the
parents, guardian, or custodian of the child other options available in lieu of
surrendering the child. (2) Advise the parents,
guardian, or custodian of the child that execution of a JFS 01666 will sever
all parental rights to the child and will terminate all residual parental
rights, privileges and responsibilities as defined in section 2151.011 of the
Revised Code. (3) Advise the parents,
guardian or custodian of the child that execution of a permanent surrender must
be approved by the juvenile court unless the JFS 01666 is executed by a PCPA
solely for the purpose of obtaining an adoption of a child who is less than six
months of age on the date that the agreement is executed. (4) Advise the parents,
guardian or custodian of the child of Ohio law regarding open adoption and Ohio
adoption procedures. (5) Review, discuss and
complete the JFS 01693 "Ohio Law and Adoption Materials" (rev.
5/2009). Only sections "I", "II", and "III" need
to be completed for a child over six months of age on the date the JFS 01666 is
executed. (C) The PCSA or PCPA shall not execute
the JFS 01666 until: (1) All activities
outlined in paragraph (B) of this rule have occurred. (2) The social and
medical histories and any releases of information have been obtained from the
parents, guardian or custodian of the child in accordance with the requirements
contained in rule 5101:2-48-03 of the Administrative Code. (D) Except as provided in paragraph (F)
of this rule, each PCSA or PCPA that executes a JFS 01666 shall seek approval
of the permanent surrender by the juvenile court of the county in which the
child has a residence or legal settlement. At the time the PCSA or PCPA files
its request for approval of the permanent surrender with the
court: (1) The PCSA shall file a
case plan prepared in accordance with rule 5101:2-38-05 of the Administrative
Code and shall submit the JFS 01693. (2) The PCPA shall file a
case plan prepared in accordance with rules 5101:2-38-06 and 5101:2-38-07 of
the Administrative Code and shall submit the JFS 01693. (E) Except as provided in paragraph (F)
of this rule, permanent custody of the child through execution of a JFS 01666,
is not established until the juvenile court approves the permanent
surrender. (F) When a PCPA executes a JFS 01666
involving a child under six months of age where the agreement is executed
solely for obtaining the adoption of the child and the parents(s) consent to
the permanent surrender, approval by the juvenile court is not required. The
PCPA shall notify the court no later than two business days after entering into
the agreement that the JFS 01666 has been executed. At the time the PCPA
notifies the court that an agreement has been executed, the JFS 01693 shall be
submitted. The PCPA shall also notify the court no later than two business days
after the child is physically placed for adoption. (G) If a child has not been placed for adoption within six months
after the JFS 01666 is executed without juvenile court approval for any child
in the custody of a PCPA who was under the age of six months at the time a JFS
01666 was executed, the PCPA shall: (1) Request the juvenile
court with continuing jurisdiction hold a review hearing as outlined in section
2151.417 of the Revised Code. (2) Submit a case plan
prepared in accordance with rules 5101:2-38-06 and 5101:2-38-07 of the
Administrative Code at the time of the review hearing. (H) If a final decree of adoption or an interlocutory order of
adoption is not issued or does not become final within seven months after the
JFS 01666 has been approved by the juvenile court, the PCSA or PCPA shall
request the juvenile court with continuing jurisdiction hold a review hearing
as outlined in section 2151.417 of the Revised Code. (I) The PCSA or PCPA shall follow
placement requirements pursuant to rule 5101:2-48-16 of the Administrative
Code. (J) A PCSA or PCPA shall not attempt to collect support payments
from a biological parent, or legal guardian, for the cost of care incurred
while a child is in the PCSA's or PCPA's permanent
custody. (K) A PCSA or PCPA shall not secure or attempt to secure the
permanent surrender of a child by the parent, guardian, or custodian through
threats, intimidation, or offers of gain or reward. (L) The PCSA or PCPA shall document in the child's case
record: (1) The date, time, place
and circumstances under which the activities listed in paragraph (B) of this
rule occurred. (2) The date, time, place
and circumstances under which the JFS 01666 was executed.
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Rule 5101:2-42-12 | Assessment to determine child's placement into a qualified residential treatment program.
Effective:
October 1, 2021
(A) For the purpose of qualified
residential treatment programs (QRTP), a qualified individual is a trained
professional or licensed clinician who: (1) Is not connected to
or affiliated with any placement setting in which children could be placed,
(2) Is trained to
administer the assessment tool outlined in paragraph (B) of this rule, with
evidence of child and adolescent needs and strengths (CANS) training and a
current CANS certification kept in the employee's file. (3) Maintains objectivity
with respect to determining the most effective and appropriate placement for a
child. (4) Is knowledgeable on
local resources to support a child's ongoing needs. (5) Meets one of the following
options: (a) Is a title IV-E agency employee who is not in the chain
of command of the case oversight or placement decision-making. (b) Is a local service provider who enters into an
agreement with the title IV-E agency. The service provider cannot serve as the
qualified individual if they are under another title IV-E agency contract and
their objectivity is compromised. (c) Is a title IV-E agency employee provided through an
established agreement with at least one other title IV-E agency. (d) Is employed by ODJFS and is not in the chain of command
of a fiscal or licensing bureau. (e) Is a vendor contracted by the state and is not in the
chain of command of a fiscal or licensing bureau. (B) Prior to placement in a QRTP or no
later than thirty days after the date of each placement in a QRTP, a qualified
individual is to: (1) Complete an
assessment of the strengths and needs of the child in title IV-E agency custody
using the "Ohio Brief" or "Ohio Comprehensive" versions of
the CANS tool. (2) Complete the assessment in
conjunction with the family and permanency team for the child. (a) The PCSA is responsible for assembling the family and
permanency team. The family and permanency team is to consist of all
appropriate family members, relatives, and kin of the child, as well as
appropriate professionals who are a resource to the family of the child, such
as teachers, medical or mental health providers who have treated the child, or
clergy. (b) In the case of a child who has attained age fourteen,
the family and permanency team is to include the members that are selected by
the child as outlined in rules 5101:2-38-05 and 5101:2-38-07 of the
Administrative Code. (c) The PCSA may use an existing team for the purpose of
the family and permanency team if the team composition meets the requirements
outlined in paragraph (B)(2) of this rule. (3) Develop a list of
child specific short and long term mental and behavioral health
goals. (C) Based on the information outlined in
paragraph (B) of this rule, the qualified individual is to determine whether
the needs of the child can be met with family members, kin, or through
placement in a foster home and which setting would provide the most effective
and appropriate level of care for the child in the least restrictive
environment and be consistent with the short and long-term goals for the child,
as specified in the family case plan for the child outlined in rules
5101:2-38-05, 5101:2-38-05.1 and 5101:2-38-07 of the Administrative Code.
(D) If the qualified individual completing the assessment
outlined in paragraph (B) of this rule determines the child should not be
placed with family members, kin, or in a foster home, the qualified individual
is to specify in writing all of the following: (1) The reasons why the
needs of the child cannot be met by the family of the child, kin, or in a
foster home. A lack of available foster homes is not an acceptable reason for
determining that the needs of the child cannot be met in a foster
home. (2) The reasons why the
placement into a QRTP is the recommended setting that will provide the child
with the most effective and appropriate level of care in the least restrictive
environment. (3) How the placement
into the QRTP is consistent with the short-term and long-term goals for the
child, as specified in the family case plan for the child. (E) Within sixty days of the start of each title IV-E
eligible child's placement into a QRTP, the title IV-E agency is to work
collaboratively with the juvenile court to ensure the court: (1) Considers the
assessment, determination, and documentation made by the qualified individual
conducting the assessment outlined in paragraph (B) of this rule. (2) Determines whether
the needs of the child can be met through placement in a foster home, or, if
not, whether the placement of the child in a QRTP provides the most effective
and appropriate level of care for the child in the least restrictive
environment and whether that placement is consistent with the short-term and
long-term goals for the child, as specified in the family case
plan. (3) Approves or
disapproves of the placement of the child in a QRTP. (F) Upon completion of the requirements outlined in
paragraph (B) of this rule, if the qualified individual determines the child
should not be placed in a QRTP or if the juvenile court disapproves of the
placement in a QRTP, the family and permanency team is to consider the
appropriate level of care for the child in the least restrictive environment as
outlined in rule 5101:2-42-05 of the Administrative Code. (G) When a child is placed in a QRTP, the title IV-E agency
is to submit to the court the following at each semi-annual review and
permanency hearing: (1) Evidence that the
ongoing assessment of the strengths and needs of the child continues to support
the determination that the needs of the child cannot be met through placement
in a foster home. (2) Documentation that
the placement of the child in the QRTP provides the most effective level of
care for the child in the least restrictive environment. (3) Documentation that
continued placement in the QRTP is consistent with the short-term and long-term
goals for the child, as specified in the family case plan for the
child. (4) Documentation of the
specific treatment or service needs that will be met for the child in the QRTP
and the length of time the child is expected to need the treatment or services.
(5) Documentation of the
efforts made by the title IV-E agency to prepare the child to return home or to
be placed with a fit and willing kinship caregiver, legal guardian, adoptive
parent, or in a foster home. (H) For any child placed in a QRTP for more than twelve
consecutive months or eighteen nonconsecutive months, or for any child who has
not attained the age of thirteen and is placed in a QRTP for more than six
consecutive or nonconsecutive months, the title IV-E agency is to document in
the case record: (1) The most recent
versions of the evidence and documentation outlined in paragraph (G) of this
rule; and (2) The signed approval
of the title IV-E agency director for the continued placement of the child in
the QRTP. (I) The title IV-E agency is to ensure that all
requirements located in this rule are documented in the statewide automated
child welfare information system (SACWIS).
Last updated October 1, 2021 at 8:39 AM
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Rule 5101:2-42-12.1 | Assessment for a child when a non-qualified residential treatment program meets qualified residential treatment program certification requirements.
For each IV-E eligible child placed in a
non-qualified residential treatment program (non-QRTP) on or after October 1,
2021, the requirements outlined in rule 5101:2-42-12 of the Administrative Code
are to be followed by the IV-E agency beginning with the effective date the
non-QRTP has met the qualified residential treatment program (QRTP)
certification requirements and is considered compliant.
Last updated June 15, 2022 at 9:50 AM
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Rule 5101:2-42-18 | PCSA and PCPA approval of placements with relative and nonrelative substitute caregivers.
(A) A public children services agency
(PCSA) or private child placing agency (PCPA) having custody of a child, or
upon interstate request by a state with jurisdiction, may approve placement
with the following substitute caregivers in accordance with rule 5101:2-42-05
of the Administrative Code if the placement is determined to be in the
child's best interest and the substitute caregivers are not certified
through the Ohio department of job and family services: (1) A relative by blood,
adoption, or marriage who, in accordance with sections 5103.02 and 5103.03 of
the Revised Code, is exempt from certification and who is being considered as a
substitute caregiver; or (2) A nonrelative who has
a relationship with the child and/or family and who, in accordance with section
5153.161 of the Revised Code, is a qualified non-relative. (B) Prior to placing the child with the
relative or nonrelative substitute caregiver, the PCSA or PCPA shall adhere to
the following procedures and document its actions in approving the placement
setting: (1) Collect identifying
information (first name, last name, maiden name, aliases, social security
number, address, telephone number, place of employment) on the prospective
caregiver and all household members. (2) Require all adults in
the home to identify prior PCSA or children services agency (CSA)
involvement. (3) Assure that a search of the statewide
automated child welfare information system (SACWIS) has been completed for the
prospective caregiver and adult household members pursuant to rule 5101:2-33-21
of the Administrative Code. (a) If the agency has the ability to access SACWIS pursuant to
rule 5101:2-33-70 of the Administrative Code and section 5101.132 of the
Revised Code, the agency shall complete an alleged perpetrator search of abuse
and neglect report history through SACWIS for the prospective caregiver and
each adult who resides in the home. (b) If the agency does not have the ability to access SACWIS, the
agency shall request a search of SACWIS from the Ohio department of job and
family services (ODJFS) for the prospective caregiver and each adult who
resides in the home and shall secure the necessary releases of information and
initiate requests for information when applicable. (4) When involvement with a CSA in
another state is indicated or suspected, the PCSA or PCPA shall request a check
of the child abuse and neglect registry from the other state. (5) When the home of the
relative or nonrelative substitute caregiver is a licensed foster home or
approved adoptive home, the PCSA or PCPA is to notify the recommending agency
of the intent to place the kinship child in the home. The PCSA or PCPA should
consider placing the child as a foster care placement if
appropriate. (6) Assess the safety of the home by
checking on all of the following: (a) Cleanliness of the home. (b) Absence of hazardous conditions inside and
outside. (c) Storing of poisonous and otherwise dangerous or combustible
materials. (d) Proper heating, lighting and ventilation. (e) Condition of plumbing and toilet facilities. (f) Installation of a working smoke alarm on each level of
occupancy of the home. (g) Safe storing of weapons, including firearms and ammunitions,
in inoperative condition and in a secured and locked area. (h) Adequacy of each child's bedding and appropriateness to
his or her needs. (i) Availability of a working telephone within the home or
reasonable access to a working telephone for emergency situations. (7) Provide the prospective caregiver
with known information regarding educational, medical, prescription and
nonprescription medications, child care, and special needs of the child
including information on how to access support services to meet the needs of
the child. (8) Provide the prospective caregiver
with the following information: (a) Information about the kinship support program (KSP),
including eligibility requirements and details about payments and payment
timeframes, in accordance with rule 5101:2-42-18.2 of the Administrative
Code. (b) How to apply for Ohio works first (OWF) child-only
financial assistance and medicaid coverage. (c) The caregiver's right to apply for certification
as a foster caregiver. (d) How to apply for certification as a foster
caregiver. (e) The requirements for foster caregiver certification and
adoption approval and how those requirements differ from the requirements for
approval as a relative or nonrelative substitute caregiver. (f) The difference in payment between OWF child-only
payments, KSP payments, and the foster care per diem. (g) The difference (if any) in the eligibility for
supportive services. (h) The caregiver's right to be heard during hearings
involving the child(ren) if the placement is approved. (9) Assess the prospective
caregiver's ability and willingness to provide care and supervision of the
child and to provide a safe and appropriate placement for the
child. (10) Submit fingerprints for the
prospective relative or nonrelative caregiver and all adults residing within
the home according to the requirements of the bureau of criminal investigation
(BCI). The agency shall request that BCI include information from the federal
bureau of investigation (FBI) in the criminal records check. The required
criminal records check must be completed prior to an agency approving the
prospective relative or nonrelative placement. (11) Complete a review of the national sex
offender registry at https://www.nsopw.gov (2019) for the prospective relative
or nonrelative caregiver and all adults residing within the home. (12) Require the prospective caregiver to
submit written notification if a person at least twelve years of age but less
than eighteen years of age residing within the home of the prospective
caregiver has been convicted of or plead guilty to any offenses described in
section 5103.0319 of the Revised Code, or has been adjudicated to be a
delinquent child for committing an act that if committed by an adult would have
constituted such a violation. (C) If a child must be removed from his
or her home immediately in accordance with rules 5101:2-39-01 and 5101:2-39-03
of the Administrative Code, the PCSA or PCPA may place the child with the
prospective relative or nonrelative substitute caregiver, if there are no known
safety concerns, and initiate the assessments required by paragraph (B) of this
rule no later than the next business day. (1) The PCSA or PCPA
shall complete all activities required by paragraph (B) of this rule no later
than five business days from the date the child was placed. (2) The PCSA or PCPA
shall make a final decision to approve or not approve the placement of the
child no later than five business days from the date the agency receives the
BCI and FBI background check results and/or alleged perpetrator background
check results. (3) The PCSA or PCPA
shall provide the relative or nonrelative caregiver with written notification
of the decision to approve or not approve the placement within three business
days of the date the final decision to approve or not approve the placement was
made. (D) The PCSA or PCPA shall complete the
JFS 01447 "Assessment of Relative or Nonrelative Substitute
Caregiver." The PCSA or PCPA shall use the SACWIS application to complete
home assessments. (E) The PCSA or PCPA may deny the placement if the relative or
nonrelative had his or her parental rights involuntarily
terminated. (F) The PCSA or PCPA shall not approve the placement if the
relative or nonrelative or other adults residing within the home have been
convicted of or pleaded guilty to any offense listed in appendix A to this rule
unless the agency finds and documents that person's residency in the
relative or nonrelative caregiver's household will not jeopardize in any
way the health, safety or welfare of the children the agency serves. The
following factors shall be considered in determining the person's approval
as a relative or nonrelative caregiver or the person's residency in the
relative or nonrelative caregiver's household: (1) The person's age at the time of the
offense. (2) The nature and seriousness of the offense. (3) The victim of the offense was any of the
following: (a) A person under the
age of eighteen. (b) A functionally
impaired person as defined in section 2903.10 of the Revised Code. (c) A person with an
intellectual disability as defined in section 5123.01 of the Revised
Code. (d) A developmentally
disabled person as defined in section 5123.01 of the Revised Code. (e) A person with a
mental illness as defined in section 5122.01 of the Revised Code. (f) A person sixty years
of age or older. (4) The circumstances under which the offense was
committed. (5) The degree of participation of the person involved in
the offense. (6) The time elapsed since the person was fully discharged
from imprisonment or probation. (7) The likelihood that the circumstance leading to the
offense will recur. (8) The likelihood that the circumstance leading to the
offense will recur. (9) The person's employment record. (10) The person's efforts at rehabilitation and the
results of those efforts. (11) Whether any criminal proceedings are pending against
the person. (12) Whether the person has been convicted of or pleaded
guilty to a felony contained in the Revised Code that is not listed in
paragraph (H) of this rule, if the felony bears a direct and substantial
relationship to being a relative or nonrelative caregiver or adult member of
the caregiver's household. (13) Any other factors the agency considers
relevant. (G) The PCSA, PCPA, and kinship caregiver or potential
kinship caregiver are to refer to appendix A to this rule to determine the
rehabilitative status of a crime. (H) The PCSA or PCPA shall complete the requirements of
paragraph (B) of this rule and make a decision to approve or not approve the
child's placement with the relative or nonrelative caregiver within thirty
calendar days from the date the assessment was initiated. If the BCI or FBI
background check results and/or alleged perpetrator background check results
have not been received by the PCSA or PCPA within thirty calendar days from the
date the assessment was initiated, the PCSA or PCPA shall make a final decision
to approve or not approve the placement of the child no later than five
business days from the date the agency receives the BCI and FBI background
check results and/or alleged perpetrator background check results. (I) The PCSA or PCPA shall provide the relative or
nonrelative caregiver with written notification of the decision to approve or
not approve the placement within three business days of the date the final
decision to approve or not approve the placement was made. (J) If the PCSA or PCPA disapproves of a court ordered
placement of a child, it shall notify the court in writing of its findings and
recommend a suitable substitute care placement. The PCSA or PCPA shall continue
to notify the court in writing of its findings and recommended substitute care
placement at least every six months. (K) The PCSA or PCPA shall maintain documentation, in the
case record, of all assessments and findings required by this rule that are
used in approving or disapproving the placement. (L) Annually, based on the date of the original approval,
the PCSA or PCPA shall complete a home assessment to assure that the placement
continues to meet the requirements of this rule for approval of the
placement. (1) If there are multiple
children placed by one agency in the home, the agency may complete one annual
assessment based on the date of the original placement approval, but shall
consider the appropriateness of each placement on a child specific
basis. (2) If there are any new adults in the
home, the PCSA or PCPA shall conduct background checks on the new adult(s)
pursuant to paragraph (B) of this rule. (3) If the relative or nonrelative
caregiver(s) has moved to a new address, the PCSA or PCPA shall ensure that the
home meets the requirements listed in paragraph (B) of this rule. (M) Once a child has been placed with a relative or
nonrelative substitute caregiver and is not in need of a new placement, the
PCSA or PCPA may continue to complete additional home assessments on other
relative or nonrelative substitute caregivers. The PCSA or PCPA may extend the
timeframe for completing these additional assessments by a maximum of thirty
days past the requirements listed in paragraph (I) of this rule. (N) Nothing in this rule removes the PCSA's
responsibility for conducting parent assessments when a child reunifies with
the parent from which the child was removed or when a child is being placed
with a non-custodial or non-residential parent in accordance with rules
5101:2-37-01, 5101:2-37-02, and 5101:2-37-04 of the Administrative
Code.
View Appendix
Last updated July 1, 2021 at 10:39 AM
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Rule 5101:2-42-18.1 | Non-discrimination requirements for foster care placements.
(A) A public children services agency
(PCSA), private child placing agency (PCPA), or private noncustodial agency
(PNA) shall not deny any person the opportunity to become a foster caregiver on
the basis of race, color or national origin (RCNO) of that person, or of the
child involved; nor shall the PCSA, PCPA, or PNA delay or deny the placement of
a child into foster care on the basis of RCNO of the foster caregiver or of the
child involved. (B) The Multiethnic Placement Act of 1994
as amended by Section 1808 of the Small Business Job Protection Act of 1996, 42
U.S.C. 622(b)(7), 671(a)(18), 674(d) and 1996(b) (MEPA) and Title VI of the
Civil Rights Act of 1964, 42 U.S.C. 2000d, as they apply to the foster care
process, do not supercede the provisions of the Indian Child Welfare Act of
1978, 25 U.S.C.A. 1901. (C) A PCSA, PCPA, or PNA shall not
routinely consider RCNO as a factor in assessing the needs or best interests of
children. In each case, the only consideration shall be the child's
individual needs and the ability of the prospective foster caregiver to meet
those needs. (D) Only the most compelling reasons may
serve to justify the consideration of RCNO as part of a placement decision.
Such reasons emerge only in the unique and individual circumstances of each
child and each prospective foster caregiver. In those exceptional circumstances
when RCNO need to be taken into account in a placement decision, such
consideration shall be narrowly tailored to advance the child's best
interests. Even when the facts of a particular case allow consideration related
to RCNO, this consideration shall not be the sole determining factor in the
placement decision. (E) The following actions by a PCSA,
PCPA, and PNA are permitted as it applies to the foster care
placements. (1) Asking about and
honoring any initial or subsequent choices made by prospective foster
caregivers regarding what RCNO of child the prospective foster caregivers will
accept. (2) Providing information
and resources about fostering a child of another RCNO to prospective foster
caregivers who request such information and making known to all families that
such information and resources are available. (3) Considering the
request of a birth parent(s) to place the child with a relative or non-relative
identified by name. (4) Considering the RCNO
of the child as a possible factor in the placement decision when compelling
reasons serve to justify that the RCNO need to be a factor in the placement
decision pursuant to paragraph (G) of this rule. Even when the facts of a
particular case allow consideration related to the RCNO, this consideration
shall not be the sole determining factor in the placement
decision. (5) Promoting cultural
awareness, including awareness of cultural and physical needs that may arise in
the care of children of different races, ethnicities and national origins as
part of the training which is required of all applicants who seek to become
foster caregivers. (6) Documenting verbal
comments, verbatim, or describing in detail any other indication made by a
prospective foster caregiver or prospective foster caregiver family member
living in the household or any other person living in the household reflecting
a negative perspective regarding the RCNO for whom the prospective foster
family have expressed an interest in fostering. (a) The documentation shall indicate whether those comments were
made before or after completion of the cultural diversity training that is
required for all foster care applicants. (b) The documentation shall be included in the family's
homestudy, update, or an addendum to the homestudy or update prior to
consideration of placement. (F) The following actions by a PCSA,
PCPA, and PNA are prohibited as it applies to the foster care
process: (1) Using the RCNO of a
prospective foster caregiver to differentiate between foster care placements
for a child, unless the procedures in paragraphs (G) to (K) of this rule are
followed. (2) Honoring the request
of a birth parent(s) to place a child with a foster parent(s) of a specific
RCNO unless the birth parent(s) identifies a relative or non-relative by name
and that person is found to meet all relevant state child protection standards
and the agency determines that the placement is in the best interests of the
child. (3) Requiring a
prospective foster family to prepare or accept a transracial foster care
plan. (4) Using culture or
ethnicity as a proxy for RCNO. (5) Delaying or denying
placement of a child based upon the following: (a) The geographical location of the neighborhood of the
prospective foster caregiver if geography is being used as a proxy for the
racial or ethnic composition of the neighborhood. (b) The demographics of the neighborhood. (c) The presence or lack of presence of a significant number of
people of a particular RCNO in the neighborhood. (6) Requiring extra
scrutiny, additional training, or greater cultural awareness of individuals who
are prospective foster caregivers of children of a different RCNO than is
required of other prospective foster caregivers. (7) Relying upon general
or stereotypical assumptions about the needs of children of a particular
RCNO. (8) Relying upon general
or stereotypical assumptions about the ability of prospective foster caregivers
of a particular RCNO to care for or nurture the sense of identity of a child of
another RCNO. (9) Steering prospective
foster caregivers away from parenting a child of another RCNO.
"Steering" is any activity that attempts to discourage prospective
foster caregivers from parenting a child of a particular RCNO. (G) If a medical or psychological
evaluation, school record, or other material documented in the file, including
statements made by the child to a caseworker, indicate that there may be
compelling reasons to consider needs the child may have regarding RCNO in the
placement process, the agency shall determine if the child should be referred
for an assessment of whether the child has individual needs involving
RCNO. (H) One of the following licensed
professionals shall conduct the assessment regarding RCNO: (1) A licensed child
psychiatrist. (2) A licensed child
psychologist. (3) A licensed
independent social worker. (4) A licensed
professional clinical counselor. (I) The licensed professional conducting
the assessment shall not be employed by the PCSA or PCPA making the
referral. (J) At the time of the referral, the PCSA
or PCPA shall initiate and subsequently complete the JFS 01688
"Individualized Child Assessment" using the following
procedures: (1) The caseworker shall
complete section I of the JFS 01688 and submit the JFS 01688 and all relevant
medical or psychological evaluations, school records, or other material
documented in the file to the caseworker's supervisor and the PCSA or PCPA
MEPA monitor. (2) If both the
supervisor and the MEPA monitor determine that the documented material
contained in the case file indicates there may be compelling reasons to
consider the needs the child may have regarding RCNO in the placement process,
the child shall be referred within ten days of the completion date of the
individual child assessment as indicated in paragraph (G) of this rule. At the
time of the referral, the agency shall forward to the licensed professional the
following documents: (a) The original JFS 01688. (b) All relevant medical or psychological evaluations, and school
records. (c) All other relevant material documented in the child's
case file. (3) The PCSA or PCPA
shall request in writing that the licensed professional complete and sign
section II of the original JFS 01688 and return it within sixty days to the
PCSA or PCPA with a copy of the requested assessment attached. (4) The licensed
professional shall determine whether the child has needs involving RCNO and any
other needs of a psychological or behavior nature and, if so to specify what
those needs are and how those needs may impact a potential substitute care
placement. (5) The licensed
professional shall not complete an assessment pursuant to paragraph (G) of this
rule until the PCSA or PCPA has provided the licensed professional with copies
of this rule and each of the following: (a) JFS 01607 "MEPA Educational Materials."
(b) The JFS 01611 "Non-discrimination Requirements for
Foster Care and Adoptive Placements." (c) Rule 5101:2-48-13 of the Administrative Code. (d) Rule 5101:2-48-16 of the Administrative Code. (6) The licensed
professional shall sign the JFS 01608 "Licensed Professional
Statement" acknowledging receipt of the materials required in paragraph
(J)(5) of this rule. A copy of the signed JFS 01608 shall be submitted to the
PCSA or PCPA. (7) The PCSA or PCPA
shall keep the JFS 01608 and attach a copy to each JFS 01688 the licensed
professional completes. The PCSA or PCPA shall submit a copy of the JFS 01608
and JFS 01688, if applicable to the Ohio department of job and family services
(ODJFS) ten days after receiving it. (8) Each completed JFS
01688 shall remain in effect for twelve months from the date of the final
decision as documented on the JFS 01688. (a) If it has been determined that RCNO should be a factor
considered in the child's placement, an updated JFS 01688 and assessment
shall be completed prior to the twelve month expiration date. (b) If it has been determined that RCNO should not be a factor
considered in the child's placement, an updated JFS 01688 and assessment
is not required prior to the twelve month expiration date. In such instance,
the PCSA or PCPA may update the JFS 01688 and assessment as deemed
necessary. (9) The JFS 01688 shall be considered as
part of the placement decision making process. (K) The PCSA or PCPA shall maintain in the child's case file
the completed original JFS 01688 and all medical or psychological evaluations,
school records, or other material in the file. (L) A PCSA, PCPA, or PNA shall not intimidate, threaten, coerce,
or in any way discriminate or retaliate against any person who has filed an
oral or written complaint, testified, assisted, or participated in any manner
in the investigation of an alleged violation of MEPA and Title VI. This
includes: (1) Any prospective or
certified foster family. (2) Any employee of a
PCSA, PCPA, or PNA. (3) Any employee of any
other agency with responsibilities regarding the care or placement of a child
in the temporary custody or permanent custody of the PCSA, PCPA or PNA such as
a guardian ad litem (GAL) or court appointed special advocate (CASA)
volunteer. (M) Prohibited retaliatory conduct
includes, at a minimum: (1) A reduction in the
amount of foster care payments which a family should receive based on the
child's needs. (2) Unwarranted poor
evaluations of an employee by his or her supervisor.
Last updated May 2, 2022 at 8:50 AM
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Rule 5101:2-42-18.2 | Kinship support program.
Effective:
October 15, 2024
(A) The kinship support program (KSP) is
available to eligible kinship caregivers to provide financial payments for the
placement of children in the kinship caregiver's home. The Ohio department
of children and youth (DCY) is to coordinate and administer the program
pursuant to section 5101.881 of the Revised Code and provide payments in
accordance with section 5101.885 of the Revised Code to the extent funds are
appropriated and allocated for this purpose. (B) "Kinship caregiver" has the
same meaning as in section 5101.85 of the Revised Code. (C) A kinship caregiver who is not certified as a foster
caregiver in accordance with Chapters 5101:2-5 and 5101:2-7 of the
Administrative Code is eligible to receive KSP payments for a child placed in
the kinship caregiver's home pursuant to rule 5101:2-42-18 of the
Administrative Code when: (1) The child is in the
temporary, permanent, or legal custody of a public children services agency
(PCSA); or (2) The child is under
the care of a Title IV-E agency with legal responsibility for care and
placement of the child which has a Title IV-E subgrant agreement in
effect. (D) Eligible kinship caregivers are not to receive KSP payments
for more than six months from the date of placement. (E) KSP payments are to stop when any of the following
occur: (1) The date the kinship
caregiver obtains foster home certification in accordance with Chapters
5101:2-5 and 5101:2-7 of the Administrative Code; (2) The kinship caregiver
has received KSP payments for the placement of the child for six
months; (3) The date the child is
no longer in the custody of the PCSA or Title IV-E agency; (4) The date the child is no longer
placed in the kinship caregiver's home; or (5) The date the home
assessment is denied pursuant to rule 5101:2-42-18 of the Administrative
Code. (F) Prior to placing a child in a kinship
home, the PCSA or other Title IV-E agency is to provide the kinship caregiver
with information about kinship programs and foster care certification pursuant
to rule 5101:2-42-18 of the Administrative Code. (G) The PCSA or other Title IV-E agency
is to enter the necessary data into Ohio comprehensive child welfare
information system (CCWIS) to initiate and/or terminate payments for eligible
kinship caregivers in accordance with this rule. (H) The PCSA or Title IV-E agency is to
pay foster care maintenance (FCM) payments for a child placed with a kinship
caregiver who is certified as a foster caregiver in accordance with Chapters
5101:2-5 and 5101:2-7 of the Administrative Code, or the equivalent in another
state. The FCM payment is to equal the rate the PCSA or Title IV-E agency would
pay for the child if placed in a foster home that is not kin. (I) If a kinship caregiver becomes a
certified foster caregiver pursuant to Chapters 5101:2-5 and 5101:2-7 of the
Administrative Code, or the equivalent in another state, after the child was
placed with the kinship caregiver, the PCSA or Title IV-E agency is to pay FCM
the date the kinship caregiver becomes certified as a foster
caregiver. (J) Waiver requests by a recommending agency for a kinship
caregiver seeking foster care certification are permitted for the
following: (1) Pursuant to rule
5101:2-5-18 of the Administrative Code, non-safety foster care certification
standards; and (2) Pursuant to section
5103.0329 of the Revised Code, training hours and topic requirements contained
in rule 5101:2-5-33 of the Administrative Code. (K) DCY will send notification to a
kinship caregiver of a possible overpayment with the JFS 04065 "Prior
Notice of Right to a State Hearing" if an overpayment occurs. The kinship
caregiver may be responsible for returning payments they were not eligible to
receive to DCY.
Last updated October 15, 2024 at 11:13 AM
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Rule 5101:2-42-19 | Requirements for the provision of independent living services to youth in custody.
(A) Independent living services are to be
provided to each youth in the custody of a public children services agency
(PCSA) or private child placing agency (PCPA) as developmentally appropriate,
no later than the age of fourteen for normalcy and practical skills to prepare
them for the transition from agency custody to self-sufficiency. (B) The PCSA or PCPA is to provide and
explain the JFS 01677 "Foster Youth Rights Handbook" pursuant to
paragraph (A) of this rule and paragraph (Q) in rule 5101:2-42-90 of the
Administrative Code. (C) If a PCSA or PCPA is providing independent living
services to an eligible unmarried minor female who is pregnant or has a child
and is part of an "Ohio Works First" (OWF) assistance group, the PCSA
or PCPA is to inform the local county department of job and family services
(CDJFS) of the PCSA or PCPA's involvement with the family in order to
ensure coordination of services. (D) The PCSA or PCPA is to conduct a life skills assessment
on each youth in agency custody no later than age fourteen. The assessment is
to be completed no later than sixty days after the youth's fourteenth
birthday or sixty days after the youth enters agency custody, if the youth is
fourteen or older. A life skills assessment is to establish the need for
independent living services identified in paragraph (E) of this rule. The life
skills assessment is to be completed with documented input from the youth, the
youth's caregiver, and the youth's caseworker. (E) The PCSA or PCPA is to determine which independent
living services are applicable, or not needed based on the assessment
referenced in paragraph (D) of this rule and may include, but not be limited to
the following: (1) Academic support.
(2) Post secondary
educational support. (3) Career preparation.
(4) Employment programs
or vocational training. (5) Budget and financial
management. (6) Housing, education
and home management training. (7) Health education and
risk prevention. (8) Family support and
healthy relationship and marriage education including education and information
about safe and stable families, healthy marriages, spousal communication,
parenting, responsible fatherhood, childcare skills, teen parenting and
domestic and family violence prevention. (9) Mentoring including
being matched with a screened and trained adult for a one-on-one relationship
that involves the two meeting on a regular basis. Mentoring can be short-term,
but may also support the development of a long-term relationship. (10) Supervision services
for a youth placed in a supervised independent living arrangement including a
youth who is living independently under a supervised arrangement paid for or
provided by the county agency. (11) Room and board
financial assistance for rent, deposits, utilities, and other household
start-up expenses in accordance with all of the following: (a) The PCSA may only use up to thirty per cent of the
Chafee federal independent living allocation for room and board pursuant to
rule 5101:9-6-35 of the Administrative Code which may include, but is not
limited, to assistance with rent and initial rental deposit pursuant to 42
U.S.C. 677, (2018). (b) The PCSA is not to use the Chafee allocation or TANF
independent living funds for room and board pursuant to rules 5101:9-6-35 and
5101:9-6-08.6 of the Administrative Code for youth under the age of eighteen
and young adults that have reached their twenty-first birthday. (12) Financial assistance
including direct cash assistance, or other payments made or provided by the
county agency to help the youth gain independence. (F) To help the youth achieve self-sufficiency, the PCSA or
PCPA is to develop an independent living plan in Ohio statewide automated child
welfare information system (Ohio SACWIS) in accordance with all of the
following: (1) Complete within
thirty days of the completion of the assessment outlined in paragraph (D) of
this rule. (2) Be based upon the
assessment and the developmental age of the youth. (3) Be youth driven and
include input from the youth's caseworker, the resource caregiver, and
two adult supporters as identified in rule 5101:2-38-05 of the Administrative
Code. (4) Document the
strengths, limitations, and resources of the youth and outline the services to
be provided. (5) Update the plan with
any changes of the youth's strengths, limitations, or goals. (6) Provide a copy of the
plan and any subsequent updated plans to the youth and resource caregiver
within thirty days of the development or update. (G) The PCSA or PCPA is to include in the independent
living plan the contact information containing the names, addresses and phone
numbers of significant others, such as current or former resource caregivers,
two adult supporters, parents, friends, mentors, child's attorney,
guardian ad litem (GAL) or court appointed special advocates (CASA) and
extended family members as provided by the youth. The PCSA or PCPA is to use
this information to work with the youth to develop and achieve meaningful,
permanent connections with at least one caring adult. (H) The PCSA or PCPA is to update the family case plan and
submit it to the court within seven days following the completion of the
initial independent living plan pursuant to rules 5101:2-38-05 and 5101:2-38-07
of the Administrative Code. (I) The PCSA or PCPA is to complete a readiness review in
Ohio SACWIS of the independent living plan with the youth and resource
caregiver at least every one hundred eighty days until the agency's
custody is terminated. Each review is to include: (1) Progress on current
independent living goals and the opportunity to add new independent living
goals, as necessary. (2) Review of
youth's contacts including the development of meaningful, permanent
connections. (3) Details regarding
youth's access to and participation in age or developmentally appropriate
activities, positive youth development and experiential learning similar to
non-custodial youth. (J) The PCSA or PCPA is to provide independent living
services training opportunities to caregivers caring for
adolescents. (K) For each youth in the custody of the PCSA or PCPA no
later than the age of fourteen, the PCSA or PCPA is to request a credit report
from each of the three major credit reporting agencies (CRA) each year until
the youth is discharged from substitute care. This may be completed
simultaneously or separately throughout the year. (1) A request is to be
submitted to at least one CRA by the first semi-annual review (SAR) held after
the youth attains the age of fourteen. (2) The PCSA or PCPA is
to ensure each youth receives a copy and is provided interpretation of their
consumer credit report annually until emancipation. (3) The PCSA or PCPA is
to assist youth in the resolution of any inaccuracies reported on any of the
credit reports by working with the Ohio attorney general's
office. (L) A PCSA or PCPA is to ensure the following information
is entered into Ohio SACWIS in accordance with rule 5101:2-33-70 of the
Administrative Code: (1) All services provided
to youth as indicated in paragraph (E) of this rule. (2) Youth characteristics
including: (a) Current and historical school information and education
levels. (b) Tribal membership. (c) Delinquency adjudication. (d) Special education. (e) Current and historical medical conditions, medications and
medical provider information. (3) Basic demographics of
the youth including: (a) Gender. (b) Race. (c) Ethnicity. (M) The PCSA or PCPA is to enter in Ohio SACWIS the date
the independent living assessment and the independent living plan were
completed. All readiness review dates of the independent living plan are to be
entered in Ohio SACWIS, in accordance with rule 5101:2-33-70 of the
Administrative Code. (N) The PCSA or PCPA is to assist the
youth in completing the national youth in transition database (NYTD) survey in
accordance with 45 C.F.R. 1356.82 (a)(2)(2008). The PCSA may utilize
independent living allocation to provide youth with incentives to complete the
survey. (O) At least one hundred eighty days prior to the
youth's eighteenth birthday, the PCSA or PCPA is to provide the youth
information on final transition planning and post emancipation services in
accordance with rule 5101:2-42-19.2 of the Administrative Code and eligibility
criteria to enroll in bridges in accordance with Chapter 5101:2-50 of the
Administrative Code. (1) The PCSA or PCPA is
to document efforts in the readiness review to assist youth with meeting
eligibility for bridges as outlined in rule 5101: 2-50-02 of the Administrative
Code. (2) At least ninety days prior to the
youth's emancipation, if it is determined the youth is interested, the
PCSA or PCPA is to: (a) Refer the youth to the bridges program. (b) Assign the bridges representative to the ongoing case within
Ohio SACWIS. (c) Introduce the youth to the bridges
representative. (d) Collaborate with the bridges representative until the youth
reaches emancipation and custody has been terminated. (3) At least fourteen days prior to the
youth's emancipation, the PCSA or PCPA is to ensure the youth has all
documentation required to enroll in the bridges program. (P) If the youth is expected to remain in
care after their eighteenth birthday, documentation is to be added to the
readiness review at least ninety days prior to their eighteenth birthday to
include information regarding the anticipated emancipation date. The PCSA or
PCPA is to continue to document ongoing discussions regarding the final
transition plan and emancipation date within the readiness review until the
final transition plan, referenced in paragraph (Q) of this rule, is
created. (Q) At least ninety days prior to the youth's
emancipation from the agency's custody, the PCSA or PCPA is to work with
the youth to develop a final transition plan. (1) The final transition
plan is to be: (a) Youth driven. (b) Reviewed with the youth during monthly visits pursuant
to rule 5101:2-42-65 of the Administrative Code until youth emancipates from
agency's custody. (c) Entered into Ohio SACWIS. (d) Shared with the bridges representative for youth that
have been referred to the bridges program. (e) Provided to youth. (2) The final transition plan is to
address the following: (a) The youth's option to receive young adult services
identified in rule 5101:2-42-19.2 of the Administrative Code. (b) Health care including: (i) Information regarding
Medicaid eligibility for former foster youth until the age of twenty-six. The
PCSA or PCPA is to submit the ODM 01958 "Referral for Medicaid Continuing
Eligibility Review" to the county in which the youth will reside upon
emancipation. It is to be explained to the youth that medicaid is to be renewed
annually in the county they reside. (ii) Health care power of
attorney. (iii) Youth's option
to execute power of attorney. (iv) Establish ongoing
services with medical and behavioral health providers where the youth will
reside upon emancipation. (c) Employment services. (d) Secondary and post-secondary education and
training. (e) Obtaining and paying for safe and stable housing where
the young adult will reside upon emancipation. (f) Budgeting for necessary living expenses. (g) Obtaining a credit report. (h) Registering for selective service. (i) Information on obtaining a driver's
license. (j) Information on any existing court fees associated with
the youth's name prior to emancipation. (k) Information on any existing benefits the youth
receives, such as but not limited to social security benefits. If necessary,
the PCSA or PCPA review with the youth instructions on how to apply for
continuation of those benefits. (R) Prior to the youth's emancipation from the
agency's custody, the PCSA or PCPA is to secure and provide to the youth
the following documents: (1) An original birth
certificate. (2) An original social
security card. (3) A current state
identification card or driver's license. (S) The PCSA or PCPA is to provide a copy of the final
transition plan to the youth when custody is terminated due to reaching the age
of emancipation, along with the following: (1) A copy of the
youth's health and education records. (2) A letter verifying
that the youth emancipated from agency custody. (T) The PCSA or PCPA is to document in Ohio SACWIS the date
the agency provided the information in paragraphs (B), (F), (K), (O) and (Q) to
(S) of this rule.
Last updated May 1, 2024 at 8:57 AM
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Rule 5101:2-42-19.1 | Requirements for independent living arrangements for independent living youth in custody.
Effective:
December 1, 2018
(A) The public children services agency
(PCSA) or private child placing agency (PCPA) may place a youth in its custody
who is at least sixteen years of age in an independent living arrangement, when
appropriate. For youth aged sixteen or seventeen years of age, the placement
must be a supervised or semi-supervised independent living setting. The PCPA
making such arrangements shall be certified by the Ohio department of job and
family services (ODJFS) pursuant to rule 5101:2-5-03 of the Administrative
Code. (B) The PCSA or PCPA shall assure that a
youth's independent living arrangement meets the following
standards: (1) All associated
structures are maintained in a safe state of repair and inspected annually by a
certified fire inspector or the state fire marshall. (2) The dwelling is
safely and adequately heated, lighted and ventilated. Unvented kerosene heaters
shall not be used, unless the heater has been approved by
"Underwriter's Laboratory (www.ul.com)." (3) Firearms or other
projectile weapons and ammunition are not on the premises. (4) An operating
telephone is accessible. (5) The bathroom and
toilet facilities are located within the building, connected to an indoor
plumbing system and are operable. (6) Garbage is disposed
of on a regular basis and outside garbage is stored in covered containers or
closed bags. (7) Operable smoke
alarms approved by "Underwriter's Laboratory" are on each level
of occupancy. (8) A portable chemical
fire extinguisher is maintained in the cooking area and is
operable. (9) A written emergency
procedure is in place that assures the youth will have twenty-four hour access
to staff familiar with his or her situation. (10) No more than five
youth reside in the home. Each youth shall be provided with a bed of his or her
own with no more than two youth to a bedroom. (C) The PCSA or PCPA shall follow
procedures outlined in rule 5101:2-42-65 of the Administrative Code for
visitation. (D) Nothing in this rule shall preclude an agency from using
additional site, safety, and supervision requirements for independent living
arrangements.
Last updated October 4, 2024 at 3:46 PM
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Rule 5101:2-42-19.2 | Requirements for provision of independent
living services to young adults who have emancipated.
(A) Upon request, each public children
services agency (PCSA) is to provide services and support to former foster care
recipients, who have emancipated from PCSA custody on or after the age of
eighteen from a substitute care placement, until their twenty-first birthday
pursuant to 45 CFR 1355.20, (2012). (B) A PCSA is to evaluate the strengths
and needs with the young adult, assess the young adult's own efforts to
achieve self-sufficiency and availability of community resources. (C) Based on the evaluation required by paragraph (B) of this
rule, the PCSA and the young adult is to develop a mutually agreed upon plan in
Ohio statewide automated child welfare information system (Ohio SACWIS) for the
provision of services. A copy of the young adult services plan is to be signed
by the young adult and a representative of the agency. (D) The PCSA is to include or update contact information in the
plan in Ohio SACWIS on any of the young adult's connections with
significant others, such as former resource families, friends, adult
supporters, mentors and extended family members. The contact information is to
include names, addresses and phone numbers, whenever known and is to to be
documented in Ohio SACWIS. (E) The PCSA is to make available the following independent
living services to young adults aged eighteen to twenty-one including, but not
limited to: (1) Academic
support. (2) Post secondary
educational support. (3) Career preparation.
(4) Employment programs
or vocational training. (5) Budget and financial
management. (6) Housing, education
and home management. (7) Health education and
risk prevention. (8) Mentoring including
being matched with a screened and trained adult for a one-on-one relationship
involving the two meeting on a regular basis. Mentoring can be short-term, but
may also support the development of a long-term relationship. (9) Supervision services
for a young adult living in a supervised independent living arrangement
including a young adult living independently under a supervised arrangement
that is paid for or provided by the county agency. (10) Room and board
financial assistance including room and board financial assistance that is a
payment paid for or provided by the county agency for room and board, rent
deposits, utilities, and other household start-up expenses. (11) Education financial
assistance such as a payment paid for or provided by the county agency for
education or training, allowances to purchase textbooks, uniforms, computers,
and other educational supplies; tuition assistance; scholarships; payment for
educational preparation and support services, and payment for GED and other
educational tests. The financial assistance also includes vouchers for tuition
or vocational education or tuition waiver programs paid for or provided by the
county agency. (12) Other financial
assistance including direct cash assistance for any other payments made or
provided by the county agency to help the young adult gain
independence. (F) The PCSA may only use up to thirty per cent of the Chafee
federal independent living allocation for room and board pursuant to rule
5101:9-6-35 of the Administrative Code. Bridges participants receiving Title
IV-E maintenance are not eligible for the Chafee or temporary assistance to
needy families (TANF) independent living (IL) room and board allocation. Room
and board may include but is not limited to: (1) Assistance with
rent. (2) Initial rent
deposit. (G) The PCSA is not permitted to use any independent living
allocation for room and board for youth under the age of eighteen or past the
young adult's twenty-first birthday. (H) The PCSA is to report applicable independent living services
provided to young adults as required in rule 5101:2-33-70 of the Administrative
Code, according to Ohio SACWIS reporting requirements. (I) The PCSA is to provide a copy of the agency's grievance
policy as required by rule 5101:2-33-20 of the Administrative Code to each
young adult requesting independent living services from the
agency. (J) The PCSA is to assist young adults
age twenty-one years old and under in completing the national youth in
transition database (NYTD) survey in accordance with 45 C.F.R.
1356.82(a)(2)(i)(2008). The PCSA may utilize independent living allocation to
provide young adults with incentives to complete the survey.
Last updated May 1, 2024 at 8:57 AM
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Rule 5101:2-42-20 | Resource family bill of rights.
Effective:
November 15, 2021
(A) No court or agency or any employee,
volunteer, intern or subcontractor of a court or agency is to in any way
violate any of the following rights of resource families: (1) The right to be
treated with dignity and respect as the resource family providing the day to
day care for children in the children services system. (2) The right to be free
of discrimination including race, color, religion, gender, gender identity or
expression, national origin (ancestry), military status (past, present or
future), disability, age (forty years or older), genetic information, or sexual
orientation. (3) The right to receive
training from either the recommending agency or the training designee and
support from the recommending and custodial agencies to strengthen resource
parenting skills and meet the needs of children in their care. (4) The right to review
the home study information that is not deemed confidential by the recommending
agency. (5) The right to receive clear
expectations that relate to their role as a resource caregiver in partnership
with the child in foster care, the child's family and with all other team
members. (6) The right to access a staff person
representing the recommending or custodial agency inside and outside of normal
business hours. (7) The right to be informed of all known
information about a child placed in their care pursuant to rule 5101:2-42-90 of
the Administrative Code including information that may impact the health,
safety, and well-being of any member of the resource family and
community. (8) The right to receive notification
prior to court hearings and scheduled meetings concerning a child in their care
and to be encouraged to share information during those opportunities.
(9) The right to receive training on the
reasonable and prudent parent standard and, once trained, to act as the
reasonable and prudent parent in making decisions for children placed in their
care to participate in normal childhood activities that still maintain their
health and safety. (10) The right to actively work with the
agency toward the permanency goal identified in the family case plan (e.g.,
reunification) and to support supplemental planning as established in rule
5101:2-38-05 of the Administrative Code, and participate in treatment planning
(including independent living skills for children fourteen and older) for
children in their care. (11) The right to be informed of the
processes available to submit grievances and/or complaints including with
regards to these rights and to make their concerns known without fear of
reprisal. (12) The right to be informed of the
process when a resource caregiver is investigated based on an allegation of
maltreatment and points of contact, and what to anticipate as a person who is
under investigation. The resource family has the right to be informed what
supports and resources are available to them during the process and how the
outcome may affect their relationship with the recommending and/or custodial
agency. (B) Any agency involved with a resource
caregiver is to inform the resource caregiver of their rights and
responsibilities pursuant to rules contained within Chapter 5101:2-7 of the
Administrative Code in writing as well as all agency policies that impact the
caregiver and any child in their care. Nothing in this rule supersedes the
requirement for resource caregivers to follow agency policies. (C) If the rights of a resource
caregiver, as established by this rule, conflict with the rights of a youth in
foster care, as established in rule 5101:2-5-35 of the Administrative Code, the
rights of the youth will preempt the rights of the resource family or resource
caregiver. (D) The rights established by this rule
will not create grounds for a civil action against the department, the
recommending agency, or the custodial agency.
Last updated November 15, 2021 at 8:38 AM
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Rule 5101:2-42-60 | Placement services for infants of incarcerated mothers.
Effective:
September 15, 2023
(A) Public children services agencies
(PCSA) are responsible for establishing policies and procedures for service
coordination with correctional facilities and hospitals on behalf of infants
born to women who are incarcerated. (B) Upon notification by the correctional
facility that postnatal services will be needed, the PCSA in the county in
which the woman was a resident at the time of incarceration, or if not an Ohio
resident, the PCSA in the county in which the woman was charged or sentenced
shall: (1) Conduct an assessment
of the person or persons recommended by the incarcerated woman and provide a
copy of the recommendation of approval or non-approval to the correctional
facility. (a) In the case of the child's father, the PCSA shall
conduct a parent assessment in accordance with agency policy. (b) In the case of a relative or non-relative caregiver, the PCSA
shall conduct a home assessment in accordance with rule 5101:2-42-18 of the
Administrative Code. (2) Coordinate with the
local children services agency in another state to request a home assessment,
when the proposed relative or non-relative caregiver lives
out-of-state. (3) Obtain temporary
custody of the infant by execution of the JFS 01645 "Agreement for
Temporary Custody of Child" in accordance with rules 5101:2-42-06 and
5101:2-42-08 of the Administrative Code or by court order if: (a) The infant is not remaining with the mother as part of a
prison nursery program; (b) The incarcerated woman has not recommended a caregiver;
or (c) The home assessment conducted pursuant to paragraph (B)(1) of
this rule does not recommend approval of the caregiver. (4) Assist the
incarcerated mother, if the mother chooses a private child placing agency
(PCPA) or Ohio attorney to participate in the planning for her infant
by: (a) Advising the incarcerated woman that any out-of-state
placements through a PCPA or Ohio attorney shall be coordinated with the Ohio
interstate compact on the placement of children (ICPC) office in accordance
with Chapter 5101:2-52 of the Administrative Code. (b) Contacting the PCPA or Ohio attorney to assure that a plan
has been completed. (C) When the PCSA of jurisdiction is not
located in the county in which the infant is hospitalized, and due to
circumstances beyond the PCSA's control, the PCSA is unable to obtain
custody and care of an infant requiring immediate placement, the PCSA in the
county in which the infant is hospitalized shall: (1) Obtain temporary
custody of the infant by execution of the JFS 01645 in accordance with rules
5101:2-42-06 and 5101:2-42-08 of the Administrative Code or by court
order. (2) Secure the
infant's release from the hospital and place the infant in an appropriate
substitute care setting. (3) Advise the PCSA of
jurisdiction, as identified in paragraph (B) of this rule, of the action taken
and the child's ongoing need for care. (D) Upon notification, the PCSA of
jurisdiction shall arrange for care and custody of the child. (E) The PCSA which holds custody of the infant is responsible for
costs of medical care and services to the infant, commencing at the time of the
infant's birth if other financial resources are insufficient or do not
exist. If a local PCSA obtained temporary custody of the infant in accordance
with paragraph (C) of this rule, the PCSA of jurisdiction shall reimburse the
local PCSA for all its actual costs. (F) The PCSA of jurisdiction and the local PCSA shall act in a
timely manner in coordinating the transfer of custody and reimbursement
costs.
Last updated September 15, 2023 at 8:24 AM
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Rule 5101:2-42-64 | Preplacement services.
Effective:
November 1, 2019
(A) Each PCSA or PCPA shall provide or
arrange preplacement services to the child and his or her parent, guardian, or
custodian when substitute care placement of the child is to occur. Preplacement
services shall include, but not be limited to: (1) Counseling the child
and his or her parent, guardian, or custodian regarding feelings of
separation. (2) Establishing
communication between the PCSA or PCPA, the child, and his or her parent,
guardian, or custodian. (3) Arranging at least
one preplacement visit with the caregiver. (B) The requirements of paragraph (A) of
this rule may not apply to: (1) Children who are less
than one year of age. (2) Children who are
familiar with the caregiver, unless the PCSA determines that preplacement
visits are in the child's best interest. (3) Children residing
with a parent in a substance use disorder (SUD) residential
facility. (4) Placements involving children's
residential centers or specialized placement facilities, when such visits
conflict with the facility's or center's preplacement visitation
policy. (5) Placements in accordance with the
interstate compact on placement of children (ICPC) pursuant to rules
5101:2-52-04 and 5101:2-52-06 of the Administrative Code. (6) Placement of a child on an emergency
basis as set forth in rules 5101:2-39-01 and 5101:2-39-03 of the Administrative
Code. (C) Documentation or other notes
regarding the provision of preplacement services shall be maintained in the
child's case record.
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Rule 5101:2-42-65 | Caseworker visits and contacts with children in substitute care.
Effective:
February 15, 2024
(A) The public children services agency
(PCSA) or private child placing agency (PCPA) that holds custody of a child is
to comply with the provisions set forth in this rule regarding caseworker
visits and contacts with the child and the substitute caregivers to ensure the
child's safety and well-being, and to assess whether the placement and
services continue to meet the child's needs in accordance with the case
plan. (B) Visits and contacts are to be
conducted by a caseworker within the PCSA or PCPA that has full responsibility
for case planning and case management of the child's case. (1) If the caseworker
responsible for the child's case is unable to complete the visit, the
caseworker completing the visit is to document in the child's case the
reason someone other than the assigned caseworker visited the
child. (2) The caseworker
assigned to the child's case is to complete the majority of the required
monthly visits. (3) The PCSA or PCPA, as part of a
managed care agreement as defined in rule 5101:2-1-01 of the Administrative
Code, may contract with another agency to have the managed care caseworker
assume responsibility for the child's case and caseworker visits required
by this rule. (C) The minimum frequency of visits will
be as follows, with individual time for the child as appropriate to his or her
ability to communicate: (1) For a child placed in
a relative or non-relative home approved pursuant to rule 5101:2-42-18 of the
Administrative Code or a foster home certified pursuant to Chapter 5101:2-5 of
the Administrative Code: (a) One face-to-face visit with the child and substitute
caregiver within the substitute care setting during the first week of
placement, not including the first day of placement. (b) One face-to-face visit with the child and the substitute
caregiver within the substitute care setting during the first four weeks of
placement, not including the visit during the first week of
placement. (c) Monthly face-to-face visits with the child and substitute
caregiver within the substitute care setting, which may include visits
referenced in paragraphs (C)(1)(a) and (C)(1)(b) of this rule, provided that at
least one of the visits occurs within each month. (d) In a home which has two or more substitute caregivers, ensure
that each caregiver receives at least one of the face-to-face visits referenced
in paragraphs (C)(1)(a) to (C)(1)(c) of this rule in each three-month period.
If a caregiver is out of the home for the entire three-month period (e.g.
military leave or extended hospital stay) the caregiver is exempt from the
visits for that time period. (e) If the circumstances of the case require more than one
monthly visit, the additional visit(s) may be conducted by a caseworker
employed by an agency contracted by the PCSA or PCPA to provide services for
the case. (2) For a child for whom
a special, exceptional, or intensive needs difficulty of care payment is made
pursuant to rule 5101:2-47-18 of the Administrative Code and placed in a
treatment or medically fragile foster home certified pursuant to Chapter
5101:2-5 of the Administrative Code: (a) One face-to-face visit with the child and substitute
caregiver within the substitute care setting during the first week of
placement, not including the first day of placement. (b) One face-to-face visit with the substitute caregiver
and child should occur twice monthly, but not within the same
week. (c) At least one of the monthly visits is to occur within
the treatment or medically fragile foster home. (d) In a foster home which has two or more substitute
caregivers on the certificate, assure that each caregiver receives at least one
of the face-to-face visits referenced in paragraphs (C)(2)(a) to (C)(2)(c) of
this rule in each three-month period. If a caregiver is out of the home for the
entire three-month period (e.g. military leave or extended hospital stay) the
caregiver is exempt from the visits for that time period. (e) At least one of the monthly visits is to be conducted
by a caseworker within the PCSA or PCPA that has full responsibility for case
planning and case management of the child's case. Any additional visit(s)
may be conducted by a caseworker employed by an agency contracted by the PCSA
or PCPA to provide services for the case. (3) For a child placed in
a residential facility or substance use disorder (SUD) residential facility as
defined in rule 5101:2-1-01 of the Administrative Code: (a) One contact with the residential facility or SUD residential
facility and the child as developmentally appropriate within ten days of
placement, not including the first day of placement. (b) Monthly face-to-face visits with the child, within the
residential facility or SUD residential facility. Visits will be conducted by a
caseworker within the PCSA or PCPA that has full responsibility for case
planning and case management of the child's case. (i) If the caseworker
responsible for the child's case is unable to complete the visit, the
caseworker completing the visit is to document in the child's case the
reason someone other than the assigned caseworker visited the
child. (ii) The caseworker
assigned to the child's case is to complete the majority of the required
monthly visits. (c) The caseworker within the residential facility or SUD
residential facility, performing casework duties, will not conduct visits on
behalf of the PCSA or PCPA. (4) For a child who is
sixteen years of age or older and placed in an independent living arrangement
in which he or she has responsibility for his or her individual living
environment: (a) One face-to-face visit with the child within the living
environment within the first week of placement, not including the first day of
placement. (b) Monthly face-to-face visits with the child, within the living
environment, which may include the visit referenced in paragraph (C)(4)(a) of
this rule. Visits are to be conducted by a caseworker within the PCSA or PCPA
that has full responsibility for case planning and case management of the
child's case. (i) If the caseworker
responsible for the child's case is unable to complete the visit, the
caseworker completing the visit is to document in the child's case the
reason someone other than the assigned caseworker visited the
child. (ii) The caseworker
assigned to the child's case is to complete the majority of the required
monthly visits. (D) Contacts and visits for children in
the custody of a PCSA or PCPA are to be documented in the child's case
record as outlined in rules 5101:2-33-23 and 5101:2-33-70 of the Administrative
Code and address the following: (1) The child's
safety and well-being within the substitute care setting. In assessing the
child's safety and well-being, the caseworker is to consider the following
through observation and information obtained during the contact or
visit: (a) The child's current behavior, emotional functioning and
current social functioning within the substitute care setting, and any other
settings/activities in which he or she is involved. The caseworker will also
document evidence that the caregiver is following the reasonable and prudent
parent standard in allowing the child regular opportunities to participate in
age or developmentally appropriate activities. (b) The child's current vulnerability. (c) The protective capacities of the child's
caregiver(s). (d) Any new information regarding the child, the substitute care
setting, and impact on the substitute caregiver's willingness or ability
to care for the child including but not limited to: (i) Changes in the
marital status. (ii) Significant changes
in the health status of a household member. (iii) Placement of
additional children. (iv) Birth of a
child. (v) Death of a child or
household member. (vi) A criminal charge,
conviction or arrest of any household member. (vii) Addition or removal
of temporary or permanent household members. (viii) Family's
relocation. (ix) Child's daily
activities. (x) A change in the
caregiver's employment or other financial hardships. (e) Any supportive services needed for the child or caregiver to
assure the child's safety and well-being. (2) The child's
progress toward any goals in the case plan as applicable from information
obtained from the child and caregiver. (3) Permanency planning
in accordance with the child's case plan. (E) For a child who is placed through the
"Interstate Compact for the Placement of Children" into a substitute
care setting outside of Ohio, the agency is to follow the directives in Chapter
5101:2-52 of the Administrative Code, and the regulations of the interstate
compact, located at
https://aphsa.org/AAICPC/AAICPC/ICPC_Regulations.aspx.
Last updated February 15, 2024 at 1:50 PM
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Rule 5101:2-42-65.1 | Exit interviews when a child in custody leaves an out of home placement.
Effective:
August 15, 2023
(A) The title IV-E agency or private
child placing agency (PCPA) that holds custody of a child shall conduct a face
to face exit interview with every child age five and older, as developmentally
appropriate, within seven days after the child's exit from each foster
care placement. (1) The information gathered during the
interview shall be dependent on the age and developmental level of the child.
The interviewer's observations and any information to explain the
child's responses shall be recorded on the JFS 01678 "Foster Care
Exit Interview." (2) If the child alleges abuse, neglect
or any maltreatment during the exit interview, the interviewer shall make a
report in accordance with section 2151.421 of the Revised Code. (B) The title IV-E agency shall complete
the interview form in the Ohio statewide automated child welfare information
system (SACWIS). (C) The PCPA shall complete the JFS 01678
and place it in the child's case record and the caregiver's record.
If the caregiver is not certified by the PCPA, the PCPA shall send a copy of
the form to the recommending agency of the caregiver within seven days of the
completed interview. (D) Upon receipt of the form, the recommending agency shall
discuss any concerns with the foster parent. If deemed necessary by the
recommending agency, an action plan shall be developed within thirty days of
the date the agency was notified of the concern. The plan may include but is
not limited to providing more intense supervision, support, or training for the
caregiver. If the concern warrants a rule violation investigation, then rule
5101:2-5-28 of the Administrative Code shall apply and may result in more
formal enforcement, up to and including revocation of the foster home
certificate. (E) The title IV-E agency or PCPA is not required to complete the
exit interview: (1) When children in
their custody are moved from residential care facilities or non-licensed
providers. (2) When a child was in
the placement for less than seventy-two hours. (3) When the child's
placement type changes from foster care to adoption and the child remains in
the same home.
Last updated January 26, 2024 at 8:47 AM
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Rule 5101:2-42-66 | Administrative procedures for comprehensive health care for children in placement.
(A) The early and periodic screening,
diagnosis, and treatment (EPSDT) program is a federally mandated program of
comprehensive preventive health services available to medicaid-eligible
individuals from birth through age twenty years. In Ohio, the program is called
healthchek and is administered by the county department of job and family
services (CDJFS). A healthchek screening examination or its equivalent
constitutes comprehensive health care for all children in
placement. (B) The public children services agency
(PCSA), private child placing agency (PCPA) or private noncustodial agency
(PNA) is to develop written interagency procedures to implement comprehensive
health care for children in placement between the CDJFS and custody holding
agency, if applicable. Interagency procedures are to include documentation that
the substitute caregiver has been informed of healthchek services and
transportation services and the substitute caregiver has been provided a copy
of the ODM 03528 "Healthchek and Pregnancy Related Services Information
Sheet." (C) The PCSA, PCPA or PNA is to review
and amend the interagency procedures developed pursuant to paragraph (B) of
this rule, as needed.
Last updated July 15, 2024 at 10:09 AM
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Rule 5101:2-42-66.1 | Comprehensive health care for children in placement.
Effective:
February 15, 2024
(A) The public children services agency
(PCSA) or private child placing agency (PCPA) is to coordinate comprehensive
health care for each child in its care or custody who enters into substitute
care or has a placement change. In coordinating comprehensive health care, the
PCSA or PCPA is to arrange for health care from the child's existing and
previous medical providers as well as involve the parent, guardian, or
custodian in the planning and delivery of health care services. (B) If applicable, when petitioning for
custody, the PCSA or PCPA is to determine whether the parent, guardian or
custodian has health care insurance and / or financial resources to provide
comprehensive health care. (1) If insurance or
financial resources are available, the PCSA or PCPA is to request financial
support. (2) If insurance or
financial resources are not available, the PCSA or PCPA is to assess the
child's eligibility for medicaid, Title IV-E, supplemental security income
(SSI), or other assistance programs. Unless an application for Title IV-E has
been submitted, the PCSA or PCPA is to apply for medicaid on behalf of the
child no later than thirty days after the date of the child's placement
into substitute care. (C) The PCSA or PCPA is to ensure a
medical screening is completed within five working days of each child entering
into substitute care to prevent possible transmission of common childhood
communicable diseases and to identify any symptoms of illness, injury, or
maltreatment. A screening is not required for children directly placed into
substitute care from the hospital. The medical screening is to be conducted by
one of the following: (1) A licensed
physician. (2) An advanced practice
nurse. (3) A registered
nurse. (4) A licensed practical
nurse. (5) A physician's
assistant. (D) The PCSA or PCPA is to arrange for
the following health care pursuant to rule 5160-1-14 of the Administrative Code
and the "Bright Futures" guidelines (rev. 2/2017) for a child who is
in substitute care. The guidelines can be reviewed at
http://brightfutures.aap.org. The agency additionally is to
ensure: (1) A comprehensive
physical exam for children age three or over, including a review of physical,
behavioral, developmental, vision, hearing and dental health is completed
within sixty days after a child enters into substitute care. A comprehensive
physical exam is not required if a comprehensive physical exam of the child has
been conducted within six months prior to the child's entry into
substitute care and a copy of the exam is filed in the child's case
record. The agency is to ensure an annual comprehensive physical exam is
completed no later than thirty days after the anniversary date of the
child's last physical, which is to include a vision and hearing
screening. (2) Additional visits, as
appropriate, should occur during the first sixty to ninety days of the child
entering substitute care to: (a) Assess the child in the process of transition; (b) Monitor the adjustment to care; (c) Identify evolving needs and; (d) Continue information gathering. (3) A child under the age of three
receives required pediatric care, which includes medical, developmental,
behavioral, dental, vision and hearing. (4) A child age three or under is
referred to the county "Help Me Grow Program" when a screening or
assessment indicates the child has or is at risk of a developmental disability
or delay. (5) Every child entering substitute care
receives immunizations appropriate to age and health history. If a child's
record of previous immunizations is unavailable at the time of the
comprehensive physical exam, and it is reasonable to assume that the child has
received immunizations, immunizations may be postponed until an immunization
record is available for review. (6) A dental examination is completed for
a child three years of age and older no later than six months after the
child's placement into substitute care. The agency is to ensure a
follow-up dental examination is completed every six months from the date of the
last dental examination with a thirty day grace period for scheduling
purposes. (7) Treatment for any diagnosed medical
or psychological need is initiated within sixty days of the diagnosis, unless
treatment is required sooner. (8) If a child has been adjudicated delinquent for any
crimes listed in section 2152.72 of the Revised Code, the agency is to ensure a
psychological examination is completed pursuant to division (C) of section
2152.72 of the Revised Code. (E) For a medicaid eligible child, the PCSA or PCPA is
to: (1) Coordinate with the
county department of job and family services (CDJFS) healthchek coordinator to
secure a healthchek screening exam. The agency may authorize the substitute
caregiver, managed care coordinator, medical providers and custodial parents to
work with the CDJFS healthchek coordinator to schedule appointments and arrange
transportation to those appointments. (2) Complete the ODM
03528 "Healthchek and Pregnancy Related Services Information Sheet"
(rev. 3/2018) and return the form to the CDJFS healthchek coordinator within
the following timelines: (a) Within sixty days of the child's entry into substitute
care. (b) Annually based on the date the previous ODM 03528 form was
completed and returned to the CDJFS healthchek coordinator. (3) Inform the substitute
caregiver(s) about healthchek services within sixty days of placement into the
caregiver's home by reviewing the ODM 03528 with the substitute caregiver
and providing the caregiver a copy of the form. (F) Comprehensive health care pursuant to paragraph (D) of this
rule is not required if the child's placement episode is less than sixty
days; however the PCSA or PCPA, is to coordinate health care whenever the child
has a condition which indicates a need for treatment during the placement
episode.
Last updated June 25, 2024 at 9:43 AM
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Rule 5101:2-42-66.2 | Documentation of comprehensive health care for children in placement.
(A) The custodial public children
services agency (PCSA), private child placing agency (PCPA), and private
noncustodial agency (PNA) is to document and maintain in the case record a
record of physical health examinations, developmental and psychological
assessments, and treatment for each child in the care or custody of a PCSA,
PCPA, or PNA pursuant to rule 5101:2-5-10 of the Administrative
Code. (B) A record of a child's health
information may be collected from a variety of sources, including but not
limited to: (1) The child's
parent, caregiver, guardian, other relative(s) or other responsible adult
familiar with the child's health history; (2) The child, if
age-appropriate; (3) Medical
providers; (4) Mental health
providers; (5) Medical
records; (6) School personnel and
records; (7) County family and
children first council; (8) Early intervention
coordinators; (9) PCSA, PCPA, or PNA
case records; (10) Medicaid managed
care plan; and (11) Other social service agency personnel
and records. (C) A record of a child's health
care is to contain, but not be limited to, the following, when
applicable: (1) A listing of a
child's most recent and current medical, mental health, dental, and other
health care providers including early and periodic screening and diagnostic
treatment (EPSDT)/healthchek. (2) A record of
immunizations and dates of immunizations; (3) A record of a
child's illnesses, hospitalizations, surgeries, impairments, injuries and
other significant medical problems and dates for each event; (4) A record of physical
health examination and treatment; (5) A record of dental
examinations and treatment; (6) A record of vision
examinations and treatment; (7) A record of speech
and hearing assessments and therapy/treatment; (8) A record of
developmental assessments and therapy/treatment; (9) A record of mental
health assessments and therapy/treatment; (10) A record of drug
screenings, assessments and therapy/treatment; (11) A record of the
child's sexual development history, including any family planning
methods; (12) A record of the
child's physical, or sexual abuse history; (13) A record of the
child's prescription and nonprescription medications and any allergies to
medications; (14) A record of the
child's food allergies and other allergies; (15) The child's
cultural background as it relates to nutrition, health care practices, and
other relevant information; (16) The health history
of the biological parents and extended family; and (17) Any other pertinent
health information necessary to assure that those persons providing care for
the child have adequate information to provide such care. (D) The custodial PCSA, PCPA, or PNA is to keep the parents,
guardian, or custodian informed of the physical health care, mental health
care, and developmental care provided the child during the child's
substitute care placement. Such information is to be shared at least every six
months or at the time of each semiannual administrative review as required by
rule 5101:2-38-08 of the Administrative Code. The parents, guardian or
custodian is to be informed and consulted anytime a child in substitute care
experiences a serious health, mental health problem or medical
emergency. (E) A substitute caregiver is to have access to all health care
information to provide daily care for the child. (F) The PCSA may use the child's health care record prepared
pursuant to this rule as a source document in completing the JFS 01443
"Child's Education and Health Information" form or other
comparable form as required in rule 5101:2-38-08 of the Administrative Code, if
applicable. (G) The PCSA may use a copy of the JFS 01443 form as a face sheet
for the child's health record prepared pursuant to this rule. (H) The custodial PCSA or PCPA is to provide a copy of a
child's health care record to the child's parent, guardian,
custodian, or prefinalized adoptive parent pursuant to this rule, and rule
5101:2-48-16 of the Administrative Code and to the child upon emancipation from
custody pursuant to rule 5101:2-42-19 of the Administrative Code, as
applicable. (I) A PCSA is to maintain a record of a child's health care
as a distinct part of the child's case record pursuant to rule
5101:2-33-23 of the Administrative Code, if applicable.
Last updated July 15, 2024 at 10:09 AM
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Rule 5101:2-42-67 | Preparation of lifebook.
Effective:
November 1, 2019
(A) When a child remains in substitute
care for longer than six months, the public children services agency (PCSA) or
private child placing agency (PCPA) shall begin to prepare a lifebook. The
lifebook shall be updated every six months so long as the child remains in
substitute care and shall include, but not limited to, the following
information: (1) Information regarding
the child's birth. (2) Information regarding
the birth parent and birth family. (3) The child's
developmental milestones. (4) Information on
placements. (5) The child's
education history. (6) Any sports and
hobbies in which the child is involved. (7) The child's
medical history. (8) Photos. (B) The PCSA or PCPA may prepare a
lifebook for a child sooner than six months after the child's
placement. (C) The PCSA or PCPA shall ensure that
the lifebook is shared with the child during the placement, as appropriate to
the child's age and understanding, and the lifebook should accompany the
child when a placement move occurs and when the child is leaving substitute
care. (D) The PCSA or PCPA shall not place
identifying information, as defined in rule 5101:2-1-01 of the Administrative
Code, in the lifebook. The child may add identifying information to the
lifebook. (E) The PCSA or PCPA shall document in
the child's case record the date it began to prepare the lifebook, and the
date of each update to the lifebook as required in paragraph (A) of this
rule. (F) If a child in the permanent custody
of a PCSA or PCPA is placed for adoption, the lifebook shall be given to the
child and a copy shall be maintained in the child's record.
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Rule 5101:2-42-68 | Necessity for continued substitute care placement: court reviews and hearing requirements.
Effective:
November 1, 2019
(A) Each public children services agency
(PCSA) or private child placing agency (PCPA) shall determine the necessity for
continued substitute care placement of each child, whether the child's
custody is by agreement or court commitment or whether the child's custody
status is temporary or permanent. The agency shall conduct a case review and
assess the need for continued substitute care placement no later than every
three months after whichever activities occur first as outlined in rule
5101:2-38-09 of the Administrative Code. (B) In the case of any child maintained
in excess of thirty days in an emergency shelter care facility, the PCSA or
PCPA shall determine and document in the child's case record the specific
efforts undertaken to achieve a more appropriate placement for the child and
the anticipated time frame for achieving such a placement. Documentation shall
be completed promptly after each succeeding thirty day period as long as the
child remains in an emergency shelter care facility. (C) For children in temporary custody,
the PCSA or PCPA shall determine whether the: (1) Continued substitute
care placement is not needed because: (a) The child's vulnerability, if returned to his or her own
home, to the conditions of abuse, neglect or dependency has diminished, and
(b) The child's parent, guardian or custodian is able to
show a protective capacity to the child and the child's
needs. (2) Continued substitute
care placement is needed because: (a) The child remains vulnerable to conditions of abuse,
neglect, or dependency, if returned to his or her own home, and (b) The child's parent, guardian or custodian does not show
protective capacities to the child or the child's needs, and (c) Provision of supportive services could not reduce the
child's vulnerability to the contributing factors requiring substitute
care. (D) Upon determining the need for
continued temporary custody of a child, the PCSA or PCPA shall file a motion
with the court that issued the order of disposition requesting a permanency
review hearing for the court to grant any of the following: (1) An order for the
extension of temporary custody for six months. The PCSA or PCPA shall not
petition the court for more than two six-month extensions of temporary
custody. (2) An order that the
child be placed in the legal custody of a relative or nonrelative. (3) An order that the
child, sixteen or older, be placed in a planned permanent living arrangement
and the following is completed at both the initial planned permanent living
arrangement (PPLA) hearing and any subsequent hearings regarding permanency
outcomes: (a) The PCSA shall document at each permanency hearing the
efforts to place a child permanently with a parent, relative or in a
guardianship or adoptive placement. (b) The PCSA should ensure the child's presence at the
permanency hearing and the child is asked about his or her desired permanency
outcome. (i) If there is any
significant safety concerns deterring the youth from participating in the
hearing, the PCSA must document the reason for the youth's absence in the
child's case record. (ii) In the youth's
absence, the PCSA must ensure a representative is present in court to address
the youth's desire regarding the permanency outcome. (c) The PCSA must document a judical determination was made at
each hearing that PPLA is the best permanency plan for the child and the
compelling reasons why it is not in the best interest of the child to be placed
permanently with a parent, relative, or in a guardianship or adoptive
placement. (d) The PCSA shall document the steps the agency is taking to
ensure the foster family follows the reasonable and prudent parent standard
engaging the child with regular opportunities to participate in age or
developmentally appropriate activities. The documentation of the activities
shall be placed in the case record as outlined in rule 5101:2-33-23 of the
Administrative Code. (4) An order permanently
terminating the parental rights of the child's parents. (E) The PCSA or PCPA shall file the
motion prescribed by paragraph (D) of this rule no later than thirty days prior
to the earlier of the following: (1) One year from the
date on which the complaint in the case was filed. (2) One year from the
date on which the child was first placed into shelter care. (3) The date set at the
last dispositional hearing for the review hearing of the child's
custody. (F) The PCSA or PCPA must request that a
permanency hearing be held within thirty days of a judicial determination that
reasonable efforts are not required pursuant to rule 5101:2-39-01 of the
Administrative Code. This permanency hearing is not mandatory if the
requirements of the permanency hearing are fulfilled at the hearing in which
the court determines that reasonable efforts are not required. (G) The provisions of this rule do not apply to a PCPA which is
providing services to a child who is the subject of a voluntary permanent
custody surrender agreement. All reviews of these cases shall comply with the
provisions found in section 5103.153 of the Revised Code and rules 5101:2-42-09
and 5101:2-53-05 of the Administrative Code.
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Rule 5101:2-42-70 | Provision of services to unmarried minor parents.
Effective:
November 1, 2019
(A) The public children services agency
(PCSA) shall provide or arrange for the provision of services to any unmarried
minor female who meets both of the following: (1) Is adjudicated as an
abused, neglected or dependent child. (2) Is pregnant or has
delivered a child. (B) The PCSA shall develop and complete a
case plan pursuant to the requirements set forth in rule 5101:2-38-01 or
5101:2-38-05 of the Administrative Code. The PCSA shall consider the
following: (1) Services to assist
the unmarried minor female and the child's father in providing the
necessary care for the child including, but not limited to: (a) Parent education. (b) Child development. (c) Family budgeting. (d) Self sufficiency. (2) Health related
services for the unmarried minor female and child. (3) Referrals
to: (a) Early intervention services. (b) Child support enforcement agency. (c) Services for the minor's parents, guardian or
custodian. (C) The PCSA shall conduct semiannual administrative reviews of
the case plan pursuant to the requirements contained in rule 5101:2-38-10 of
the Administrative Code. (D) When the unmarried minor female is a member of an "Ohio
Works First" (OWF) assistance group, the PCSA shall work with the county
department of job and family service (CDJFS) in coordinating services to the
unmarried minor female. At the request of the CDJFS, the PCSA shall assist with
the following: (1) Determining if it
would be in the best interests of an unmarried minor parent to reside in the
household of a parent, legal guardian or specified relative of the unmarried
minor parent. (2) Locating an
adult-supervised living arrangement when it is determined that it would not be
in the bests interests of an unmarried minor parent to reside in the household
of her or his parent, legal guardian or specified relative.
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Rule 5101:2-42-71 | Approval of adult-supervised living arrangements.
Effective:
November 1, 2019
(A) An adult-supervised living arrangement means a family setting
approved, licensed, or certified by the Ohio department of job and family
services (ODJFS), the Ohio department of mental health and addiction services
(OMHAS), the Ohio department of developmental disabilities (ODODD), the Ohio
department of youth services (ODYS), a public children services agency (PCSA),
a private child placing agency (PCPA), or a private noncustodial agency (PNA)
which assumes responsibility for the care and control of a pregnant minor,
unmarried minor parent, or child of a minor parent. An adult-supervised living
arrangement includes the following: (1) A foster home
certified by ODJFS pursuant to Chapters 5101:2-5 and 5101:2-7 of the
Administrative Code. (2) A family setting which has been
approved by a PCSA, PCPA or PNA, pursuant to the procedures contained in
paragraph (C) of this rule which: (a) Provides the unmarried minor parent, pregnant minor, or child
of a minor parent with supportive services, including counseling, guidance and
supervision. (b) Is maintained by a person age eighteen or older who assumes
responsibility for the care and control of the unmarried minor parent, pregnant
minor, or child of a minor parent. (B) A pregnant minor, unmarried minor
parent, or child of an unmarried minor parent exempt from the requirement of
division (B)(1) of section 5107.24 of the Revised Code must reside in an adult
supervised living arrangement to be eligible to participate in Ohio works
first. (C) When approving an applicant to
operate an adult-supervised living arrangement for a specified individual
pursuant to paragraph (A)(2) of this rule the PCSA, PCPA or PNA
shall: (1) Have the applicant
complete the PCSA, PCPA, or PNA designed application for the operation of an
adult-supervised living arrangement. (2) Conduct an evaluation
of the applicant which shall, at a minimum, include: (a) Completing the JFS 01348 "Safety Audit" ( rev.
12/2014). (b) Determining whether the applicant is willing to be
responsible for providing or arranging supportive services, including
counseling, guidance and supervision, to the pregnant minor, unmarried minor
parent, or child of a unmarried minor parent. (c) Determining if the applicant is age eighteen or
older. (D) The PCSA, PCPA, or PNA shall be
responsible for investigating any complaint received on an adult-supervised
living arrangement that the agency has approved and arrive at a determination
to: (1) Continue approval of
the setting. (2) Revoke the approval
for the setting. (3) Initiate a corrective
action plan. (E) If the complaint alleges child abuse
and neglect, the PCPA or PNA shall immediately report the complaint to the PCSA
for investigation. The PCSA shall follow investigation procedures found in rule
5101:2-36-04 of the Administrative Code, if applicable. (F) The PCSA, PCPA, or PNA shall develop written procedures for
reviewing complaints or disapprovals of agency actions involving
adult-supervised living arrangements. Agency procedures shall include, at a
minimum: (1) Operational
procedures for conducting grievance reviews. (2) Reasonable time
frames for conducting the grievance review and issuing a decision. (G) The PCSA, PCPA or PNA shall maintain a record of each
adult-supervised living arrangement it evaluates. The record shall contain, but
not be limited to, the following: (1) A copy of the of the
approval, certificate, or license of a foster home, residential parenting
facility, or other family setting pursuant to paragraphs (A)(1) and (A)(2) of
this rule. (2) Adult-supervised
living arrangement application. (3) Evaluation of the
adult-supervised living arrangement. (4) Approval or
disapproval of the adult-supervised living arrangement. (5) Statement signed by
the operator of the adult-supervised living arrangement agreeing to be
responsible for providing supportive services, including counseling, guidance
and supervision, to the pregnant minor, unmarried minor parent, or child of a
unmarried minor parent. (H) The PCSA, PCPA or PNA shall provide a copy of the approval or
disapproval of the adult-supervised living arrangement to the applicant and the
county department of job and family services requesting initiation of the
approval of the applicant as an adult-supervised living
arrangement. (I) The application to operate an adult supervised living
arrangement is child specific. The approval expires when the adult supervised
living arrangement is terminated.
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Rule 5101:2-42-87 | Termination of substitute care and custody of a child.
(A) Each public children services agency
(PCSA) shall determine the necessity for continuing or terminating custody of a
child in a legally authorized placement for thirty days or more, whether the
child's custody is by agreement or court order or whether the child's
custody status is temporary or permanent. The agency shall assess the need for
continued custody at least every three months from date of initial placement
and at each semiannual administrative review by completing the
following: (1) The case review
pursuant to rule 5101:2-38-09 of the Administrative Code. (2) The
"Reunification Assessment" pursuant to rule 5101:2-37-04 of the
Administrative Code. (3) Consider whether
supportive services can provide adequate protection for the child if he or she
were returned to his or her own home under a court order of protective
supervision, or the agency's involvement is no longer deemed necessary and
termination is sought. (B) The PCSA's or private child
placing agency's (PCPA) custody shall automatically terminate when one of
the following occur: (1) A court of
jurisdiction issues an order terminating agency custody. (2) The "Agreement
for Temporary Custody of Child" expires or is terminated
early. (3) A probate court
issues a final decree of adoption or an interlocutory order of adoption becomes
final. (C) While in substitute care, a child may
be on leave from his or her current placement for a trial visit with his or her
parent, guardian or custodian up to ninety consecutive days. (D) When the PCSA or PCPA plans to
recommend that the court terminate custody, the agency shall give the
substitute caregiver and recommending agency at least five days advance notice.
Advance notice shall not be required if a court of jurisdiction terminates
agency custody on its own accord, or the substitute caregiver agrees to a
lesser advance notice. Documentation of the notification (written or oral) to a
caregiver shall be maintained in the child's case record. (E) The agency shall provide the following services to prepare
the child and his or her parent, guardian, or custodian when the child is to be
returned home, which shall include, but not be limited to: (1) Arranging visits or
other contacts as needed between the parent, guardian, or custodian and child
to discuss what has transpired between the time of initial placement and the
present. (2) Increasing the length
and number of home visits to help the child become reacquainted with his or her
family, when applicable. (3) Providing emotional
support for feelings the child may have about leaving the substitute
caregiver. (F) The custodial agency shall provide case planning services to
emancipating youth pursuant to rules 5101:2-42-19 and 5101:2-38-05 of the
Administrative Code and pursuant to rule 5101:2-38-07 of the Administrative
Code, if applicable for the PCPA. (G) When termination of substitute care
occurs, those services offered to and provided to the child and his or her
parent, guardian, or custodian in preparation for the child's
reunification, adoption or emancipation shall be noted in the child's case
record. (H) The agency shall inform the county department of job and
family services (CDJFS) healthchek coordinator when the child has been returned
home and custody has been terminated. (I) The agency shall provide the parent, guardian, custodian,
prefinalized adoptive parent, or a child who is emancipating with a copy of the
child's health care record prepared pursuant to rules 5101:2-42-66.2 and
5101:2-38-08 of the Administrative Code upon termination of the child's
custody. The agency shall provide the parent, guardian, custodian, prefinalized
adoptive parent, or a child who is emancipating with information about the
healthchek program, if the child was in the healthchek program during the
child's stay in substitute care.
Last updated June 1, 2021 at 9:28 AM
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Rule 5101:2-42-88 | Requirements when a child in substitute care disrupts or is missing from placement.
Effective:
August 3, 2023
(A) When there is a disruption of a
child's substitute care placement, the public children services agency
(PCSA) or private child placing agency (PCPA) shall address and document in the
child and caregiver's case record the following information: (1) Length of time the
child was in the particular substitute care setting. (2) Circumstances which
led to the child's removal. (3) Any efforts to
maintain the placement, including supportive services offered to the child and
caregiver. (B) A disruption of a child's
substitute care placement shall require an update to the family case plan
pursuant to rule 5101:2-38-05 of the Administrative Code or rule 5101:2-38-07
of the Administrative Code. (C) If a disruption of a child's
substitute care placement occurs prior to the child's dispositional
hearing, the PCSA or PCPA shall follow procedural requirements pursuant to rule
5101:2-42-93 of the Administrative Code. (D) Upon receiving notification that a
child is missing from a substitute care placement, the PCSA or PCPA shall
immediately, and in no case later than twenty-four hours contact
both: (1) Law enforcement for
entry into the national crime information center (NCIC) database. (2) The national center
for missing and exploited children (NCMEC). (E) A report of the missing child is to
be submitted to law enforcement and NCMEC and is to include the following,
where reasonably possible: (1) A photo of the
missing or abducted child. (2) The circumstances of
the child's disappearance, including date and time child was last seen.
(3) A description of the child's
physical features and personal identifiers, (a) Age. (b) Height. (c) Weight. (d) Sex. (e) Race. (f) Ethnicity. (g) Complexion (h) Hair color. (i) Eye color. (j) Birth marks, tattoos, piercings (k) Clothing worn (l) Glasses or contact use (m) Nickname(s) (n) Braces (o) Shoe size (p) Youth's cell phone number (q) Youth's email address and social networking
contacts (r) Endangerment information such as: (i) Pregnancy
status. (ii) Prescribed
medications and any medical condition(s). (iii) Suicidal or
homicidal tendencies. (iv) Description of who
may have abducted the child and the vulnerability to being trafficked, sex or
labor. (v) Other health or risk
factors, any factual, biographical or historical information, including health
or behavioral health concerns that may assist with locating the missing
child. (F) The PCSA or PCPA is to maintain
regular communication with law enforcement and NCMEC for updates on progress
locating and aiding in the safe recovery of the missing child, including but
not limited to: (1) Possible location of
the child. (2) Who the child might
be with. (3) Additional risk of
harm. (4) Sharing information
pertaining to the child's recovery and circumstances related to the
recovery. (G) The PCSA or PCPA shall document in the child's
case record the following information: (1) The date, time and
name of the law enforcement agency contacted. (2) The date and time
NCMEC was contacted. (3) The last known
location of the child. (4) The length of time
the child has been missing. (5) Anyone the missing
child may have been with prior to or during. (6) Efforts and resources
used to locate the child. (H) Upon the missing child's return, the PCSA or PCPA
shall address and document in the child's case record the following
information: (1) The circumstances
that contributed to the child running away or missing from care. When possible,
these factors shall be considered when determining subsequent
placements. (2) The events or
experiences that took place while the child was missing, including if the child
is found to be a sex trafficking victim. The PCSA shall follow procedural
requirements pursuant to rule 5101:2-36-12 of the Administrative Code. The PCPA
shall report any allegations of abuse or neglect to the PCSA. (I) The PCSA or PCPA shall send a copy, within fourteen
days, of the documentation identified in this rule to the recommending agency
of the caregiver, if the caregiver is not certified by the PCSA or PCPA. The
recommending agency shall maintain the information in the caregiver's
record.
Last updated August 3, 2023 at 10:44 AM
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Rule 5101:2-42-89 | Public children services agency and private child placing agency procedures when a child is receiving services or is in agency custody dies.
Effective:
November 1, 2019
(A) If a child in the temporary custody
or a planned permanent living arrangement of a private child placing agency
(PCPA) dies, the PCPA shall: (1) Notify the public
children services agency (PCSA) and the law enforcement agency with
jurisdiction within one hour of its knowledge of the child's
death. (2) Contact the parent,
guardian or custodian within one hour of its knowledge of the child's
death. (3) Complete the JFS
01987 "Child Fatality Report Face Sheet" (rev. 5/2019) and send it to
the Ohio department of job and family services (ODJFS) within five working days
after receiving the report. The JFS 01987 shall be sent electronically as
directed by the JFS 01987I "Instructions for completing JFS 01987 child
fatality report face sheet" (rev. 5/2019). (4) Assist the family in planning funeral
arrangements, if requested. (B) If a child in the permanent custody
of a PCPA dies, the PCPA shall: (1) Notify the PCSA and
the law enforcement agency with jurisdiction within one hour of its knowledge
of the child's death. (2) Determine whether
notification of the parent, guardian, custodian or other relatives is
appropriate. (3) Complete the JFS
01987 and send it to ODJFS as described in paragraph (A)(3) of this
rule. (4) Assume responsibility for funeral
arrangements. (C) The PCPA shall maintain documentation regarding the
provision of notices as required by this rule in the child's case record
and the recommending agency's provider record.
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Rule 5101:2-42-90 | Information to be provided to children, caregivers, school districts and juvenile courts.
(A) When a public children services
agency (PCSA) or private child placing agency (PCPA) holds custody of a child
and plans to place the child into a substitute care setting or respite care
setting, the PCSA or PCPA shall share information with the caregivers in
accordance with paragraphs (B), (C), and (D) of this rule to allow them to make
an informed decision regarding whether they can care for the
child. (B) The PCSA or PCPA shall share the
information identified in paragraphs (C)(1) to (C)(9) of this rule with the
caregivers: (1) Within ninety-six
hours of either an emergency placement or change in the case plan in accordance
with section 2151.31 or 2151.412 of the Revised Code. (2) Or prior to placing
the child. (C) The information shall include: (1) The child's
health, behavioral characteristics, treatment and service needs, and plans to
meet those needs as identified in the case plan. (2) Any special needs the
child may have such as special diets, therapy, or learning
disabilities. (3) The child's
prior history of maltreatment. Provision of information regarding child abuse
or neglect assessments/investigations shall comply with rule 5101:2-33-21 of
the Administrative Code, if applicable. (4) Information on any
acts committed by the child that placed the health, safety, or well-being of
others at risk; such as victimization of other children or animals, or
fire-setting. (5) The school the child
will attend, if applicable. (6) The child's
visitation schedule with his/her parents or guardian. (7) The substitute
caregivers' responsibilities. (8) A written report
containing the information specified in paragraph (C)(9) of this rule, for a
child who has been adjudicated delinquent for commission of any of the
following offenses: (a) Aggravated murder. (b) Murder. (c) Voluntary manslaughter. (d) Involuntary manslaughter. (e) Felonious assault. (f) Aggravated assault. (g) Assault. (h) Rape. (i) Sexual battery. (j) Gross sexual imposition. (k) Conspiracy involving an attempt to commit aggravated murder
or murder. (l) Any other offense that would be a felony if committed as an
adult, and the child, upon committing the offense, was found to be using or in
possession of a firearm. (9) The PCSA shall make a
written request of the juvenile court that placed the child in the
agency's custody for the information identified in paragraphs (C)(9)(a) to
(C)(9)(d) of this rule and share this information with the substitute
caregiver. The PCSA shall maintain in the child's case record a copy of
the written request for information, a copy of the written report shared with
the caregivers, the date it was shared, and the caregivers'
acknowledgement of receipt of the information. The PCSA shall maintain this
information in the statewide automated child welfare information system
(SACWIS). The PCPA shall maintain this information in the child's case
record. (a) The child's social history; (b) A description of all the known acts committed by the child
that resulted in the child being adjudicated delinquent and the disposition
made by the court, unless a child's record has been sealed pursuant to
section 2151.358 of the Revised Code; (c) A description of any other violent acts committed by the
child. (d) The substantial and material conclusions and recommendations
of any psychiatric or psychological examination conducted on the child or, if
not available, the substantial and material conclusions and recommendations of
an examination to detect mental and emotional disorders conducted in compliance
with the requirements of Chapter 4757. of the Revised Code by a licensed
independent social worker, licensed social worker, licensed professional
clinical counselor, or licensed professional counselor. (D) Prior to the child's placement in a respite care
setting, the PCSA or PCPA shall share with the respite caregiver pertinent
information identified in paragraph (C) of this rule that could impact the
health, safety, or well-being of the child or others within the temporary
setting. The PCSA or PCPA shall maintain this information in accordance with
paragraph (T) of this rule. (E) The PCSA or PCPA shall provide foster caregivers with a
written report which contains substantial and material conclusions and
recommendations of any psychological, psychiatric, or mental health examination
contained in the child's case record. This shall include, but is not
limited to, examinations conducted in accordance with paragraph (C)(9)(d) of
this rule and rule 5101:2-42-66.1 of the Administrative Code. The written
report shall be provided to the foster caregivers as soon as possible, but no
later than sixty days after placing the child in the foster home. The PCSA or
PCPA shall maintain this information in accordance with paragraph (T) of this
rule. (F) The PCSA or PCPA holding custody of a
child who is placed in a planned permanent living arrangement in a family
setting shall provide the caregiver a notice that addresses the
following: (1) The caregiver
understands that the planned permanent living arrangement is intended to be
permanent in nature and that the caregiver will provide a stable placement for
the child through the child's emancipation or until the court releases the
child from the custody of the agency, whichever occurs first. (2) The caregiver is
expected to actively participate in the youth's independent living case
plan, attend agency team meetings and court hearings as appropriate, complete
training, as provided in division (B) of section 5103.035 of the Revised Code,
related to providing the child independent living services, and assist in the
child's transition to adulthood. (G) The PCSA shall be responsible for sharing information with
the prospective foster caregivers and the board of education for the school
district in which the child will be enrolled prior to placing a child in a
foster home outside the county of residence of the child. The PCPA is
responsible for sharing information with the prospective foster caregivers and
the board of education for the school district in which the child is enrolled
prior to placing a child in any foster home, regardless of the county the child
is placed. The PCSA or PCPA shall share this information orally and send this
information in writing no later than five days after the child's placement
in the new school district. The PCSA shall maintain a copy of the information
shared, the date the information was provided both orally and in writing, and
the foster caregivers' acknowledgement of receipt of the information, in
the child's case record in SACWIS and the PCPA shall maintain a copy in
the child's case record. The information shall include: (1) A discussion of
safety and well-being concerns regarding the child and, if the child attends
school, the students, teachers, and personnel of the school. (2) A brief description
of the reasons the child was removed from his home. (3) The services the
child is or will be receiving. (4) The name, address and
telephone number of the agency that is or will be directly responsible for
monitoring the child's placement and the name and telephone number of the
contact person for the agency. (5) The name, address,
and telephone number of the agency having custody of the child and the name and
telephone number of the contact person for the agency. (6) The previous school
district attended by the child. (7) The last known
address of the child's parents. (H) The PCSA shall provide the foster caregivers and the juvenile
court where the foster home is located with written information about the child
no later than five days after placement when the child has been adjudicated
unruly or delinquent and the foster home is outside the county of residence of
the child. The PCPA is to provide the foster caregivers and the juvenile court
where the foster home is located with written information about the child no
later than five days after placement when the child has been adjudicated unruly
or delinquent, regardless of the county the child is placed. The PCSA shall
maintain a copy of the information shared, the date the information was
provided, and the foster caregivers' acknowledgement of receipt of the
information in the child's case record in SACWIS and the PCPA shall
maintain a copy in the child's case record. The information to be provided
shall include: (1) The information
listed in paragraphs (G)(3), (G)(4) and (G)(5) of this rule. (2) A brief description
of the facts supporting the adjudication that the child is unruly or
delinquent. (3) The name and address
of the foster caregivers. (4) The safety and
well-being concerns with respect to the child. (5) The safety and
well-being concerns with respect to the community. (I) When the PCSA or PCPA contracts with a private non-custodial
agency (PNA), the PCSA or PCPA shall share information with the PNA in
accordance with paragraphs (B), (C), and (D) of this rule. The PCSA shall
maintain this information in SACWIS. The PCPA shall maintain this information
in the child's case record. (J) The PCSA or PCPA shall develop an individual child care
agreement (ICCA) each time a child is placed in a substitute care setting,
including a children's residential center (CRC) administered by the PCSA.
An ICCA is not required for temporary leaves from a substitute care setting
(e.g., respite or hospital stays) or direct placements ordered by the court
(e.g., detention). The ICCA shall be signed by all parties and a copy provided
to the substitute caregivers prior to placement, or within seven days of an
emergency placement. The ICCA shall include, but is not limited to, the
following: (1) The name, address,
and telephone number of the PCSA or PCPA; the name of the child's
caseworker; information regarding how the caseworker may be contacted during
regular hours and for emergencies; and the date of the agreement. (2) The child's name
and date of birth. (3) History and
background information known about the child, including, but not limited
to: (a) Positive attributes, characteristics, or strengths such as
talents, hobbies, interests, or educational achievements. (b) Physical, intellectual, and social development. (c) Immediate health needs and current medications. (d) Psychiatric and/or psychological evaluations of the
child. (e) Attachment and bonding of the child to caregivers and
siblings. (f) History of abuse or neglect of the child. (g) If applicable, a description of all acts which resulted in
the child being found delinquent and the disposition made by the
court. (h) Information on any other violent acts committed by the child
that may or may not have resulted in the child being adjudicated delinquent,
including, but not limited to: arson, kidnapping, domestic violence, or animal
cruelty. (4) The child's need
for placement and estimated timeframe for placement. (5) Procedures for
meeting the child's emergency and non-emergency medical needs, and
information regarding the child's eligibility for Title XIX medical
assistance. (6) Any services,
including, but not limited to, mental health and substance abuse services to be
provided to the child or substitute caregivers and the party responsible for
providing the services. (7) Visitation plan with
parents, guardian, custodian and other persons when applicable, pursuant to
rule 5101:2-42-92 of the Administrative Code. (8) Transportation
arrangements for visits, school, therapy, and other activities, and the party
responsible for providing the transportation. (9) Case plan goal for
the child, pursuant to rule 5101:2-38-05 of the Administrative Code, if
applicable, for a PCSA and rules 5101:2-38-06 and 5101:2-38-07 of the
Administrative Code for a PCPA. (10) Any special needs
the child may have such as supervision level, special diets, therapy, tutoring,
learning disabilities and any other needs requiring assistance from the
substitute caregiver. (11) A statement that the
methods of discipline used for the child shall comply with either rule
5101:2-7-09 or 5101:2-9-21 of the Administrative Code, as
applicable. (12) The rights and responsibilities of
the PCSA or PCPA, the agencies providing services to the child, and the
substitute caregivers. (13) For children in the custody of a
PCSA, a statement that assures the substitute caregivers and agencies providing
services will provide all applicable data to the PCSA for the "Adoption
and Foster Care Analysis and Reporting System" (AFCARS) as required by
section 479 of the Social Security Act (42 USC Section 679, 1994, 108 stat.
4459). (K) If the PCSA or PCPA is unable to complete any part of the
ICCA within the timeframe required in paragraph (J) of this rule, the PCSA or
PCPA shall document in the ICCA the information needed and the steps that will
be taken to obtain the information. (L) When the child's placement is in a children's
residential center (CRC) under the direction of another agency, the PCSA or
PCPA shall develop and execute the ICCA with the other agency and provide a
copy of the ICCA to both the agency and the CRC. (M) When the child's placement is in a foster home certified
by another agency, a second ICCA shall be executed between the certifying
agency and the substitute caregivers, with a copy maintained in the
child's case record. (N) The PCSA or PCPA shall review and update the ICCA or develop
a new ICCA when there is a change in any information required by paragraph (J)
of this rule. The PCSA or PCPA shall provide a copy of the updated or new ICCA
to the substitute caregivers no later than seven days after any information
changes, and document its provision on the case plan document. (O) The PCSA or PCPA shall maintain copies of all ICCAs and
updates in the child's case record and the substitute caregivers'
record. (P) The PCSA shall provide the substitute caregiver with a copy
of the JFS 01443 "Child's Education and Health Information", or
its alternative pursuant to rule 5101:2-38-08 of the Administrative
Code. (Q) The PCSA or PCPA holding custody
shall provide the JFS 01677 "Foster Youth Rights Handbook" to any
child being placed in substitute care who is fourteen years of age or
older. (1) If the child is
placed on or after the effective date of this rule, the child shall be given
the JFS 01677 within seven days after the placement. At the time of receipt,
the caseworker shall have the child sign the signature form of the JFS
01677. (2) If the child attains
the age of fourteen while in custody, the child shall be given the JFS 01677
within seven days after their fourteenth birthday. At the time of receipt, the
caseworker shall have the child sign the signature form of the JFS 01677.
(3) Any child, age fourteen or older, who
was placed prior to the effective date of this rule and has not already
received the JFS 01677 shall be given the JFS 01677 within sixty days after the
effective date of this rule. (R) The JFS 01677 shall be reviewed with
the child. At the time of review, the caseworker shall have the child sign the
additional signature line of the JFS 01677. Once both signatures are received,
the signature page shall be included with the child's case plan, whether
initial or amendment, for submission to court. (S) The custodial agency may provide the
JFS 01677 to a child younger than age fourteen. (T) The PCSA shall maintain in SACWIS and
in the child's case record, a detailed record of all information shared
with the caregivers, the date it was shared, and the caregivers'
acknowledgment of receipt of the information pursuant to this rule. The PCPA
shall maintain this information in the child's case record.
Last updated May 1, 2021 at 8:53 AM
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Rule 5101:2-42-92 | Visitation for child in temporary custody.
Effective:
November 1, 2019
(A) Each public children services agency
(PCSA) or private child placing agency (PCPA) shall arrange for and provide
each child in temporary custody, whether custody is by agreement or commitment,
an opportunity for regular and frequent visitation with his parent, guardian or
custodian. Such visitation schedule shall be developed in accordance with the
requirements of this rule and contained in the case plan as required by rule
5101:2-38-05 of the Administrative Code, if applicable for the PCSAs and rules
5101:2-38-06 and 5101:2-38-07 of the Administrative Code for the
PCPA. (B) The PCSA or PCPA shall consult with
the parent, guardian, or custodian, child, when age-appropriate, and other
service providers, when applicable, in developing the plan for visits. The PCSA
or PCPA shall address the following criteria for planning the
visits. (1) Frequency of the
visits shall be based on: (a) The attitudes and feelings between the child and parent,
guardian, or custodian in the present relationship. (b) The case plan goal. (c) The need to maintain or enhance the bonding relationship
between the parent, guardian, or custodian and child. (d) What is determined to be in the child's best interest,
and is conducive to the child's physical and emotional
well-being. (2) Duration of the visit
shall be based on: (a) The amount of time needed to maintain or enhance the bonding
relationship between the parent, guardian, or custodian and child. (b) A determination based upon the current relationship between
the child and parent, guardian, or custodian on the length of time that would
be in the child's best interest. (3) Location of the visit
shall be in: (a) The least-restrictive setting consistent with the goals of
the case plan. The following list represents the order of least-restrictive to
most-restrictive settings. (i) Visitation in the
home of the parent, guardian, or custodian. (ii) Visitation in the
home of a friend, relative, substitute caregiver or other noninstitutional
setting. (iii) Visitation at the
agency or other substitute care setting. (b) A location providing a safe setting for the
child. (4) Restrictions on the
frequency, duration, location of visits, and supervision of visits shall be
based on factors related to: (a) Potential harm to the child as a result of the parent's,
guardian's or custodian's behavior or pattern of conduct toward the
child. (b) Special needs or problems of the child. (c) The parent's, guardian's, or custodian's
failure to be available for more frequent or longer visits. (5) The PCSA shall review
the JFS 1413 "Comprehensive Assessment and Planning Model - I.S., Case
Review" (rev. 8/2010) pursuant to rule 5101:2-38-09 of the Administrative
Code, if applicable to assist in arriving at a decision to guide the frequency,
duration and location of visits or to determine the level of supervision needed
during visits. (C) The PCSA or PCPA also shall ensure
that the child has an opportunity for other forms of communication with his
parent, guardian, or custodian on a regular basis. (D) In the child's best interest,
the PCSA or PCPA shall make arrangements for visitation and communication with
siblings and significant others integral to maintaining connections with those
individuals. The agency shall also make arrangements for visitations related to
the maintenance and connection with Indian tribes pursuant to rule 5101:2-53-06
of the Administrative Code. (E) Withholding of visits shall never be
used as a threat or form of discipline to the child or to control or punish the
parent for failure to work with the agency or other community
providers. (F) The PCSA's or PCPA's
decision on each of the criteria identified in paragraph (B) of this rule and
the need for visitation restrictions and supervision and the reason for the
decision must be recorded in the case plan as required by rule 5101:2-38-05 of
the Administrative Code, if applicable for PCSAs and rules 5101:2-38-06 and
5101:2-38-07 of the Administrative Code, if applicable for PCPAs.
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Rule 5101:2-42-93 | Change of placement or visitation plan prior to journalization of case plan.
(A) When a child's placement or visitation plan has been
specified by a court order, or the court has ordered that no change in the
child's placement can occur without the court's approval, the public
children services agency (PCSA) or private child placing agency (PCPA) shall
file a motion to modify such an order and receive court approval prior to
effecting a change in the child's placement or visitation plan. Such
motion to modify may be filed and court approval obtained after the change in
placement or visitation plan only where there exists reasonable cause to
believe the child is in immediate danger of serious harm by reason of the
current placement or visitation plan. In such an emergency, the motion to
modify must be filed or court approval obtained within seven days after the
change in placement or visitation plan occurs. (B) When a child's placement or visitation plan is not the
subject of a court order described in paragraph (A) of this rule, the PCSA or
PCPA shall provide written notice to the parent, guardian, or custodian and
guardian ad litem of the opportunity for a review to be conducted by the PCSA
or PCPA prior to effecting a change in the child's placement or visitation
plan or shall obtain advance court approval of the change pursuant to court
action pursuant to division (B) of section 2151.33 or division (B)(4) of
section 2151.35 of the Revised Code. Such notice and review may occur after the
change as identified in paragraph (C) of this rule. Such notice shall, at a
minimum, advise of: (1) The proposed action
and reasons for that action. (2) The date of the
proposed action, unless the parent agrees to an earlier date. (3) The opportunity for a
review and the method by which such review can be requested. (4) The time within which
the review must be requested. (C) When the PCSA or PCPA determines that the child, as
identified in paragraph (A) or (B) of this rule, by reason of his current
placement or visitation, is in immediate danger of serious harm, a change in
the child's placement or visitation may occur. In such an emergency, the
agency shall notify the parent, guardian or custodian and guardian ad litem,
verbally of the change by the next working day and send written notice to the
child's parent, guardian, or custodian and guardian ad litem. The written
notice shall include the following: (1) The change in
placement or visitation. (2) The reasons for such
change. (3) The opportunity for
judicial or PCSA or PCPA review, as applicable, and the method by which such
review can be requested. (4) As applicable, the
method and the timeframe within which such review must be
requested. (D) The requirements set forth in paragraph (B) of this rule do
not apply in the following situations: (1) A change from an
emergency placement to a nonemergency placement. (2) A change to a
less-restrictive placement. (3) A determination
affecting visitation privileges of parents which does not reduce or
significantly alter the visitation privileges of the parents. (4) A change in placement
or visitation plan to which the guardian ad litem and parents
agree. (E) A parent, guardian, custodian or guardian ad litem must
request an agency review within ten days after the notice described in
paragraph (B) of this rule was sent. A PCSA or PCPA review must occur no later
than ten days after receipt of the request for review. (F) The PCSA or PCPA review shall be held before a review agent.
The review agent shall be: (1) A person not involved
in the decision to effect a change in placement or visitation unless the person
is the administrator or assistant administrator of the agency. (2) A person knowledgeable in child
welfare services and capable of objectively reviewing the
decision. (G) A parent, guardian, custodian or guardian ad litem requesting
the review, the PCSA or PCPA, and their respective legal counsel, if they
choose to be represented, shall be free to examine all documents and physical
evidence introduced by parties to the review, with the exception of: reports
made pursuant to section 2151.421 of the Revised Code and rules 5101:2-33-21
and 5101:2-33-70 of the Administrative Code; documents or other evidence which
disclose the identity of persons complaining of parental misconduct; and any
other confidential document or report which is protected by law. The parties to
the review may also present and examine witnesses. (H) The review agent shall render a written decision stating the
reasons for such decision. The decision must be based upon the evidence
presented at the review. Copies of the decision shall be provided to all
parties to the agency review within fifteen days of the review. (I) The requirements of this rule shall be satisfied if a hearing
concerning the issues of change in placement or visitation has been conducted
by a court of jurisdiction. (J) All documentation required by this rule shall be maintained
by the agency in the child's case record.
Last updated April 1, 2022 at 8:25 AM
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Rule 5101:2-42-95 | Obtaining permanent custody: termination of parental rights.
Effective:
November 1, 2019
(A) Unless the public children services
agency (PCSA) or private child placing agency (PCPA) has compelling reasons for
not pursuing a request for permanent custody of a child, the agency, pursuant
to section 2151.413 of the Revised Code, shall petition the court that issued
the current order of disposition to request permanent custody of a child when
any of the following conditions are present: (1) A court of competent
jurisdiction has determined that the parent from whom the child was removed
has: (a) Been convicted of or pleaded guilty to one of the
following: (i) An offense under
section 2903.01 (aggravated murder), 2903.02 (murder), or 2903.03 (voluntary
manslaughter) of the Revised Code or under existing or former law of this
state, another state, or the United States that is substantially equivalent to
an offense described in those sections and the victim was a sibling of the
child or the victim was another child who lived in the parent's household
at the time of the offense. (ii) An offense under
section 2903.11 (felonious assault), 2903.12 (aggravated assault), or 2903.13
(assault) of the Revised Code or under existing or former law of this state,
any other state, or the United States that is substantially equivalent to an
offense described in those sections and the victim of the offense is the child,
a sibling of the child, or another child who lived in the parent's
household at the time of the offense. (iii) An offense under
division (B)(2) of section 2919.22 (endangering children) of the Revised Code
or under existing or former law of this state, any other state, or the United
States that is substantially equivalent to the offense described in that
section and the victim of the offense is the child, a sibling of the child, or
another child who lived in the parent's household at the time of the
offense. (iv) An offense under
section 2907.02 (rape), 2907.03 (sexual battery), 2907.04 (unlawful sexual
conduct with a minor), 2907.05 (gross sexual imposition), or 2907.06 (sexual
imposition) of the Revised Code or under existing or former law of this state,
any other state, or the United States that is substantially equivalent to an
offense described in those sections and the victim of the offense is the child,
a sibling of the child, or another child who lived in the parent's
household at the time of the offense. (v) An offense under
section 2905.32 (trafficking), 2907.21 (compelling prostitution), and 2907.22
(promoting prostitution) of the Revised Code or under an existing or former law
of this state, any other state, or the United States that is substantially
equivalent to the offense described in that section and the child, a sibling of
the child, or another child who lived in the parent's household at the
time of the offense is the victim of the offense; (vi) A conspiracy or attempt to commit, or complicity to
committing, an offense described in paragraph (A)(1)(a)(i), (A)(1)(a)(iv) or
(A)(1)(a)(v) of this rule. (b) Repeatedly withheld medical treatment or food from the child
when the parent has the means to provide the treatment or food. If the parent
has withheld medical treatment in order to treat the physical or mental illness
or defect of the child by spiritual means through prayer alone, in accordance
with the tenets of a recognized religious body, the court or agency shall
comply with the requirements of division (A)(1) of section 2151.419 of the
Revised Code. (c) Placed the child at substantial risk of harm two or more
times due to alcohol or drug abuse and has rejected treatment two or more times
or refuses to participate in further treatment two or more times after a case
plan was developed pursuant to rule 5101:2-38-05, or 5101:2-40-02 of the
Administrative Code, if applicable, requiring such treatment of the parent and
was journalized as part of the dispositional order issued with respect to the
child or an order was issued by any other court requiring such treatment of the
parent. (d) Abandoned the child pursuant to rule 5101:2-1-01 of the
Administrative Code. (e) Had parental rights involuntarily terminated pursuant to
section 2151.353 (disposition of abused, neglected or dependent child),
2151.414 (hearing on motion for permanent custody), or 2151.415 (motion
requesting disposition order upon expiration of temporary custody order) of the
Revised Code with respect to a sibling of the child. (2) A court of competent
jurisdiction has determined the child to be a deserted child pursuant to
section 2151.3522 of the Revised Code. (3) Any PCSA or PCPA has
had temporary custody of the child under one or more orders of disposition for
twelve or more months (three hundred and sixty- five days or more) of a
consecutive twenty-two month period. For the purpose of calculating the twelve
or more months of a consecutive twenty-two month period, a child shall be
considered to have entered the temporary custody of an agency on the earlier of
the following: (a) The date the child is adjudicated abused, neglected or
dependent pursuant to section 2151.28 of the Revised Code. (b) Sixty days after the child was removed from his or her home
and placed into substitute care. The PCSA or PCPA must not include trial home
visits or runaway episodes when calculating the twelve of the most recent
twenty-two months. Trial home visits and runaway episodes are included when
calculating the twenty-two month period. (B) The PCSA or PCPA is not required to
file a motion for permanent custody of a child when one of the following is
met: (1) The PCSA or PCPA has
documented in the case plan there is a compelling reason for determining that
the filing of a motion to seek permanent custody of the child and terminate
parental rights is not in the best interest of the child. (2) The PCSA or PCPA has
documented in the case plan that the agency has not provided the child's
parent, guardian, or custodian with services outlined in the case plan which
were deemed necessary for the safe return of the child to the child's
home. (C) The PCSA or PCPA shall meet with the
parent to review the agency's decision to file a motion with the court to
terminate parental rights. The PCSA or PCPA shall seek to amend the case plan
prior to filing a motion to terminate parental rights. (D) At the time a motion is filed with
the court to obtain permanent custody of the child, the PCSA or PCPA shall
submit a case plan to the court which includes a specific plan to seek an
adoptive family for the child and to prepare the child for
adoption.
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