(A) What is the Ohio's comprehensive child welfare information system (CCWIS)?
The comprehensive child welfare information system is a federally recognized case management information system that the state of Ohio has developed to support its child welfare program needs. Ohio's CCWIS is designed to support caseworkers' needs to organize and record quality case information about the children and families receiving child welfare services. Ohio's CCWIS consists of several automated functions which are approved by the federal children's bureau and include, but are not limited to:
(1) Ohio's statewide automated child welfare information system (Ohio's SACWIS).
(2) Ohio residential treatment information system (RTIS).
(3) Child and adult protective services learning management system (CAPS LMS).
(4) Taking early action matters (TEAM) Ohio.
(5) Taking early action matters (TEAM) Ohio.
(B) What are the federal requirements for Ohio's CCWIS?
The Ohio's CCWIS is to be established and maintained in accordance with the requirements of 42 U.S.C. 674 (a)(3)(C) (2008) and 45 C.F.R. parts 1355 (2012), 1356 (2012) and 1357 (2001). Access to and use of data in Ohio's CCWIS is to be limited to the extent necessary to carry out the child welfare program under Title IV-B of the Social Security Act of 1965, as amended, 120 Stat. 1244 (2006), 42 U.S.C. 620-629m, the Child Abuse Prevention and Treatment Act, as amended, 110 Stat. 3064 (1996), 42 U.S.C. 5101- 5119c, Title IV-E of the Social Security Act of 1965, as amended, 110 Stat. 2166 (1996), 42 U.S.C. 670-679c, and Title XX of the Social Security Act of 1965 as amended 124 Stat. 803 (2010), 42 U.S.C. 1397-1397e.
(C) Who may be granted access to Ohio's CCWIS?
Staff, contractors, or interns of any of the following entities may be granted access:
(1) Public children services agencies (PCSA);
(2) Private child placing agencies (PCPAs);
(3) Private non-custodial agencies (PNAs);
(4) Any juvenile court, that is a subgrantee with the department of children and youth (DCY) for the purpose of Title IV-E financial reimbursement;
(5) Qualified residential treatment programs (QRTP); and
(6) Local public entities (LPE), as defined in rule 5180:2-5-02 of the Administrative Code.
(D) What does access to Ohio's CCWIS mean?
(1) The term "access to Ohio's CCWIS," and any variation thereof, as used in this rule and in Chapter 5180:2-33 of the Administrative Code, is not synonymous with "disseminate all information" as used in rule 5180:2-33-21 of the Administrative Code. Ohio's CCWIS access is to only be granted if expressly permitted by state law or this rule.
(2) Entities listed in paragraph (C) of this rule are not granted access to every automated function within Ohio's CCWIS; access is granted only to those automated functions necessary to support the entity's business needs.
(E) How is access to Ohio SACWIS, an automated function within Ohio's CCWIS, granted?
Staff, contractors, or interns having access to Ohio's SACWIS is to be limited to those persons who have been trained in the confidentiality requirements of Ohio's SACWIS, who are informed of all penalties, who have been trained in security procedures, and who have requested access through the customer care center (CCC) website.
(F) Is data in Ohio's SACWIS confidential?
The data in Ohio's SACWIS is confidential and access to any child welfare information is pursuant to this rule or section 5180.402 of the Revised Code. The release of any child welfare information is pursuant to rule 5180:2-33-21 of the Administrative Code and sections 5180.40 to 5180.404 of the Revised Code.
(G) What are the responsibilities of PCSAs, PCPAs, PNAs, LPEs, and courts regarding data entry in Ohio's SACWIS?
PCSAs, PCPAs, PNAs, LPEs, and courts are to enter and update information in Ohio's SACWIS each workday or as information becomes available, in accordance with the rule.
(H) What information is the PCSA required to enter into Ohio's CCWIS?
Each PCSA is to enter children services data into Ohio's SACWIS including, but not limited to:
(1) Information listed in rule 5180:3-1-23 of the Administrative Code.
(2) Intake and assessment/investigation including assessment tools.
(3) Case notes and dictation concerning the activities and statements of persons involved in the case, describing the activity or statement, naming the persons involved, and stating the date of contact with any case member or activities associated with the case. Case notes or dictation are to be prepared by or under the supervision of the staff member with the most direct knowledge of the contact with any case member. Opinions of PCSA staff and others included in case notes or dictation are to be identified as such.
(4) Case plan, case review(s), court information and services, including documentation of verbal, written, or electronic referrals and the provision of services on behalf of children and families served by the PCSA.
(5) A summary of reports received from service providers, including oral, written or electronic summaries, and the dates when services were received.
(6) Custody and placement information.
(7) Adoption information including recruitment activities, pre-adoptive staffing, or matching conference information.
(8) Provider record including homestudies, recruitment plans and events.
(9) Child welfare related agency administrative and training activities.
(10) Financial eligibility and re-determinations, record reimbursement and actual cost information, and financial information to support accounts payable to counties and providers.
(11) Data as required by Section 479 of the Social Security Act of 1967 (42 U.S.C. 679) (2014); 45 C.F.R. parts 1355 (2012), 1356 (2012), and 1357 (2001) for the adoption and foster care analysis and reporting system (AFCARS); national child abuse and neglect data system (NCANDS); child and family services reviews (CFSR); child protection and oversight evaluation (CPOE) system; national youth transition database (NYTD) and Multiethnic Placement Act, Oct. 20, 1994, Pub. L. 103-382, as amended by Section 1808 of the Small Business Job Protection Act of 1996, Aug. 20, 1996, Pub. L. 104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI).
(12) Any other data identified by DCY as necessary to reflect current case activities including, but not limited to, case, services, person, placement resource or licensing information, financial information or agency status.
(I) What are the requirements and consequences for a PCSA regarding entry of child welfare information listed in paragraph (H) of this rule into Ohio's SACWIS?
A PCSA is required to enter applicable child welfare information directly into Ohio's CCWIS as mandated by this rule and/or by federal or state statutes, regulations, or rules. Failure to do so may result in sanctions under section 5101.24 of the Revised Code or the withholding of state and/or federal funding.
(J) What are the PCPAs and PNAs required to enter into Ohio's SACWIS?
The PCPAs and PNAs granting any PCPA or PNA personnel access to Ohio's SACWIS are to enter the following information:
(1) Information necessary for recommending licensure of foster homes and approval of adoptive homes.
(2) Information necessary for submitting training reimbursement requests.
(3) Provider record information including homestudies and recruitment plans.
(4) Any other data identified by the department as necessary to reflect current provider activities including, but not limited to, services, person, licensing information and financial information.
(5) Any visits completed in accordance with rules 5180:2-5-36, 5180:2-5-37 and 5180:3- 13-65 of the Administrative Code.
(K) Who is required to enter information into the residential treatment information system (RTIS) of Ohio's CCWIS, and what information must be entered?
Public children services agencies (PCSAs), private child placing agencies (PCPAs), private noncustodial agencies (PNAs), and local public entities (LPEs) operating a qualified residential treatment program (QRTP) facility are required to enter specific information for all youth placed in the facility into the residential treatment information system (RTIS) of Ohio's CCWIS, as mandated by rule 5180:2-9-42 of the Administrative Code:
(1) Discharge planning activities.
(2) Aftercare support.
(L) What are the responsibilities of a juvenile court that is a subgrantee with DCY for Title IV-E financial reimbursement regarding Ohio's SACWIS access and data entry?
A juvenile court that is a subgrantee with DCY for the purposes of Title IV-E financial reimbursement is required to enter information into Ohio's SACWIS concerning the provision of services to any child at risk of abuse or neglect for whom Title IV-E reimbursement is being requested. Additionally, if the juvenile court grants its personnel access to Ohio's SACWIS for Title IV-E purposes, they are to adhere to paragraphs (B) and (D) to (H) of this rule.
(M) What if a PCSA is implementing a program that requires staff, contractor, intern, or other agency personnel to have access to Ohio's SACWIS?
If a PCSA is implementing a program that requires staff, contractors, interns or other personnel access to Ohio's SACWIS to review and record information related to any case member eligible for the program services. All staff, contractors, interns, or other agency personnel are to adhere to paragraphs (B) and (D) to (H) of this rule.
(N) How should PCSAs, PCPAs, PNAs, LPEs, and courts ensure the secure use of Ohio's CCWIS?
PCSAs, PCPAs, PNAs, LPEs, and courts are responsible for monitoring access and use of Ohio's CCWIS to prevent and identify unauthorized use.
(O) What level of access to Ohio's CCWIS is the youth and family ombudsmen office authorized to have?
Pursuant to section 5101.899 of the Revised Code, the youth and family ombudsmen office is to have access to only the records of the department of children and youth that are necessary for the administration of sections 5101.89 to 5101.899 of the Revised Code in the performance of its official duties, including records maintained in Ohio's SACWIS, a function within Ohio's CCWIS, under section 5180.40 of the Revised Code.
(P) How to avoid conflicts of interest or the appearance of a conflicts of interest?
To avoid a conflict of interest, or the appearance of a conflict of interest, any PCSA, PCPA, PNA, LPE or court employee or contractor who has been granted access to Ohio's CCWIS is not to enter or access any information for any of the following persons:
(1) Themselves.
(2) Any person who is a relative of the employee or contractor. A relative is defined as:
(a) Individuals related by blood or adoption:
(i) Parents, grandparents, including grandparents with the prefix "great," "great-great," "grand," or "great-grand"; Parents, grandparents, including grandparents with the prefix "great," "great-great," "grand," or "great-grand";
(ii) Siblings;
(iii) Aunts, uncles, nephews, and nieces, including such relative with the prefix "great," "great-great," or "great-grand"; or aunts, uncles, nephews, and nieces, including such relative with the prefix "great," "great-great," or "great-grand"; or
(iv) First cousins and first cousins once removed.
(b) Stepparents and stepsiblings;
(c) Spouses and former spouses of individuals named in paragraph (P)(2)(a) of this rule.
(3) Any individual who has any supervisory responsibility for the employee or contractor.
(4) Any individual with whom the employee or contractor has a personal, social, or financial relationship that could create a conflict of interest or the appearance of a conflict of interest, including but not limited to friends, neighbors, acquaintances, or members of the employee's household.
(Q) Is access to Ohio's CCWIS permitted for conducting research?
No, direct access to Ohio's CCWIS or any other state of Ohio database is not to be requested by or on behalf of, nor approved for or granted to, any researcher conducting research in accordance with rule 5180:2-33-21 of the Administrative Code.
(R) What if a PCSA, PCPA, PNA, LPE or court is found noncompliant with this rule by DCY?
A PCSA, PCPA, PNA, LPE or court which is found by DCY to have a finding of noncompliance with paragraphs (B) and (D) to (H) of this rule, or the agreements outlined on the CCC website is to comply with a corrective action plan as outlined in rule 5180:2- 5-06 of the Administrative Code.
(S) What are the consequences for public children services agency (PCSA) staff who engage in unauthorized access to, disclosure of, or use of data in Ohio's CCWIS?
In addition to the criminal penalties outlined in section 5180.99 of the Revised Code, PCSA staff may face administrative penalties, up to and including dismissal from employment, for unauthorized access to, disclosure of, or use of data in Ohio's CCWIS.
