(A) What is the county memorandum of
understanding to address child abuse and neglect?
It is a document describing operating procedures
that officials are to follow when conducting child abuse or neglect
assessments/investigations. Throughout this rule, the county child abuse and
neglect memorandum of understanding (MOU) will be referred to as the
MOU.
(B) What are the purpose and goals of the
MOU as defined in section 2151.4221 of the Revised Code?
(1) The purpose of the
MOU is to establish normal operating procedures by all concerned officials in
completing their respective responsibilities.
(2) The goals are to
eliminate unnecessary interviews and provide only one interview of children who
are the subject of the report of child abuse or neglect.
(C) How often is the MOU prepared and
submitted?
Each public children services agency (PCSA) is to
prepare the MOU and submit it to the Ohio department of children and youth
(DCY) before December thirty-first of each biennial year beginning in
2023.
(D) What is to be included in the
MOU?
The PCSA may complete the DCY 01425 "Model
Memorandum of Understanding" or the PCSA's MOU is to contain the
following:
(1) All information
pursuant to section 2151.4221 of the Revised Code.
(2) The PCSA's
system for notifying the county prosecuting attorney or city director of law
when any mandated reporter of child abuse or neglect fails to report suspected
or known child abuse or neglect.
(3) The PCSA's
system for receiving reports of child abuse and neglect twenty-four hours per
day, seven days per week. If the PCSA contracts with an outside source to
receive after-hours calls, a copy of the signed agreement is to be attached to
the MOU which indicates that all reports with identifying and demographic
information of the reporter and principals of the report will be forwarded to a
designated PCSA worker within an hour of receipt. Describe how confidentiality
will be ensured in accordance with sections 2151.421, 2151.423, and 5153.17 of
the Revised Code. When the PCSA contracts with an outside source, the PCSA is
to include in the MOU its system for informing the public of the after-hours
phone number, as applicable.
(4) A system for the elimination of all
unnecessary interviews of a child who is the subject of the report.
(5) A statement addressing the
PCSA's policy for requesting the assistance of law enforcement.
(6) Situations when law enforcement is to
respond to the PCSA immediately.
(7) Standards and procedures for handling
and coordinating joint investigations of reported cases of child abuse and
neglect including sharing of investigative reports and procedures specific to
cases which involve:
(a) Out-of-home care child abuse or neglect.
(b) Third party investigative procedures and the assistance
of law enforcement including addressing instances where law enforcement
declines to assist the PCSA.
(c) A child death in which abuse or neglect is suspected as
the cause of death.
(d) The death of a child who is in the custody of the PCSA
in accordance with rules 5180:2-33-14 and 5180:2-42-89 of the Administrative
Code.
(e) Alleged withholding of medically indicated treatment
from disabled infants with life-threatening conditions in accordance with rule
5180:2-36-07 of the Administrative Code.
(f) Alleged child abuse and/or neglect constituting a crime
against a child, including human trafficking, and needing a joint
assessment/investigation with law enforcement. The procedures are to include a
statement of assurance as to how the PCSA will ensure child safety and not
compromise the child protective assessment/investigation while concurrently
assisting law enforcement with the criminal investigation.
(8) A system for receiving and responding
to reports involving individuals who aid, abet, induce, cause, encourage, or
contribute to a child or a ward of the juvenile court:
(a) Becoming a dependent or neglected child.
(b) Becoming an unruly or delinquent child.
(c) Leaving the custody of any person, department, or
public or private institution without the legal consent of that person,
department, or institution.
(9) A system for receiving and responding
to reports involving missing children who are involved with the
PCSA.
(10) The PCSA's system for notifying
the county prosecuting attorney or city director of law when there is
unauthorized dissemination of confidential PCSA information.
(11) A system for consultation among
signatories as it is deemed necessary to protect children. The county's
system for consultation is to include at a minimum the PCSA's protocol for
consulting with law enforcement, the prosecuting attorney's office, the
juvenile judge, and if applicable, the children's advocacy center
established pursuant to section 2151.426 of the Revised Code, for any cases
which may need their intervention or assistance.
(E) What may be included in the
MOU?
The MOU may include the following:
(1) A description of how
the PCSA would continue to maintain operations including, but not limited to,
receiving and investigating child abuse and/or neglect reports in the event of
disaster.
(2) Procedures for
completing deserted child/safe haven child assessment/investigations in
accordance with rule 5180:2-36-06 of the Administrative Code.
(3) A statement
explaining the limited consequences for failure to follow the MOU pursuant to
section 2151.4223 of the Revised Code.
(4) Any other relevant
information as determined by the PCSA and the officials signing the MOU.
(F) Who is to sign the prepared
MOU?
The MOU is to be signed by the officials
described in section 2151.4220 of the Revised Code.
(G) How will the PCSA facilitate the
signing of the MOU?
The PCSA is to ensure that each official
biennially:
(1) Reviews and evaluates
the MOU for necessary updates to terms and procedures.
(2) Updates the
MOU's terms and procedures, if needed.
(3) Signs the reviewed
MOU.
(H) Where does the PCSA submit the signed
MOU?
The PCSA is to submit the signed MOU biennially
to the board of county commissioners for approval in accordance with section
2151.4222 of the Revised Code.
(I) What is the process for PCSAs to
submit the signed and approved MOU to DCY for compliance
determination?
(1) The PCSA is to submit
a copy of the MOU to DCY within thirty days from the board of county
commissioners' approval and before December thirty-first each biennium.
(2) If DCY determines the
MOU to be compliant pursuant to section 2151.4230 of the Revised Code, the MOU
is considered effective in accordance with section 2151.4232 of the Revised
Code. The PCSA is to post the MOU to the county's general website within
thirty days of the compliance determination.
(3) If DCY determines the
MOU is non-compliant, the PCSA is to submit a compliance assurance plan in
accordance with section 2151.4231 of the Revised Code.
(J) What is the process when there is a
change to an individual who signed the MOU in accordance with section 2151.4220
of the Revised Code?
The PCSA is to provide the new individual with a
copy of the current MOU and obtain their signature acknowledging the MOU. The
new individual is bound by the most recently approved version of the MOU for
the remainder of the biennium.
(K) What does the PCSA do if any official
refuses to sign the MOU?
The PCSA is to document the reason(s) for the
refusal to sign the MOU.
(L) What is the process to revise a
previously approved MOU?
The PCSA is to obtain all signatures as described
in section 2151.4220 of the Revised Code and submit a copy of the revised MOU
to DCY within ninety days of obtaining the signatures.
