Chapter 5180:3-13 | Substitute Care Rules

Rule 5180:3-13-04 | Authority to assume and retain custody of a child.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) When can a public children services agency (PCSA) or private child placing agency (PCPA) place a child in substitute care?

A PCSA or PCPA may place a child in substitute care only after assuming or retaining custody of the child.

(B) Can a PCSA or PCPA place a child with a parent in a substance use disorder (SUD) residential facility?

If the agency has custody of the child, it may place them with the parent in an SUD residential facility.

(C) How can a PCSA or PCPA assume or retain custody of a child?

Custody can be assumed or retained through various legal processes, including:

(1) Temporary court orders, including emergency ex parte orders, 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 DCY 01666 "Permanent Surrender of Child" in accordance with requirements of rule 5180:3-13-09 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) Agreements for temporary custody of a child and extensions of temporary custody by execution of a DCY 01645 "Agreement for Temporary Custody of Child."

(a) For temporary custody the agency is to follow the requirements of rules 5180:2-42-06 and 5180:3-13-08 of the Administrative Code

(b) For an extension of temporary custody, the agency is to follow the requirements of rules 5180:2-42-07 and 5180:3-13-08 of the Administrative Code.

(6) 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.

(D) Can a PCSA accept a child from law enforcement or a court officer?

A PCSA may accept a child from law enforcement or a court officer and file a petition for an ex parte order within twenty-four hours or the next working day to authorize continued placement, pursuant to rule 5180:2-39-01 of the Administrative Code.

(E) What actions is a PCSA take when accepting emergency temporary custody of a deserted child?

(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 durties for the deserted child as required for any child in the agency's custody.

Last updated March 17, 2026 at 7:53 AM

Supplemental Information

Authorized By: 5153.166, 5103.03
Amplifies: 2151.421, 5153.16, 5103.03
Five Year Review Date: 3/14/2031

Rule 5180:3-13-05 | Selection of a placement setting.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) What is the first step when a child cannot remain in their home?

The public children services agency (PCSA) or private child placing agency (PCPA) is to explore placement with maternal or paternal relatives, including a non-custodial parent, to determine their willingness and ability to assume custody or guardianship. If it is in the child's best interest, the non-custodial parent is to be considered before other relatives.

(B) What happens if no suitable relative can take custody?

If no suitable relative is available, the agency explores placement with a suitable nonrelative who has an established relationship with the child or their family.

(C) Where can a PCSA or PCPA place a child?

(1) In the homes of relative(s) or non-relative(s) approved by the PCSA or PCPA in accordance with rule 5180:2-42-18 of the Administrative Code.

(2) With the parent in a substance use disorder (SUD) residential program.

(3) In a substitute care settings that is 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) How should the placement of siblings be addressed?

The agency should attempt to place siblings in the same home unless it is determined not to be in the child's best interest.

(E) What criteria is to be met when selecting a substitute care setting?

When the PCSA or PCPA has custody of a child, the agency is to 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) What are the types of allowable substitute care settings ranked from least restrictive to most restrictive?

(1) With the parent in a substance use disorder (SUD) residential facility.

(2) A non-custodial parent.

(3) The home of a suitable relative, as defined in rule 5180:2-1-01 of the Administrative Code, excluding the parent.

(4) The home of a suitable nonrelative as defined in rule 5180:2-1-01 of the Administrative Code.

(5) A foster home.

(6) An independent living arrangement, as appropriate for the child.

(7) A group home.

(8) A maternity home.

(9) An emergency shelter care facility.

(10) A children's residential center.

(11) A medical or educational facility.

(12) A child wellness campus.

(G) What is the preferred placement for a child in permanent custody?

An adoptive placement is considered the least restrictive setting for a child in permanent custody. When selecting an adoptive placement, the agency is to follow rule 5180:2-48-16 of the Administrative Code.

(H) Can a more restrictive setting be chosen?

The PCSA or PCPA may place the child in a more restrictive setting, only when the child's mental, physical or emotional needs indicate a less-restrictive setting cannot address the child's needs.

(I) How does law enforcement or the court affect placement?

While the agency follows placement guildelines, legal authorities retain the power to make placements based on court orders or law enforcement decisions. This rule will not override the placement of a child in a secure facility or other specified setting by law enforcement or any court of jurisdiction.

(J) What is to be documented in the child's family case plan?

(1) Educational, medical, psychological, and social information used by the agency to select a placement setting.

(2) Justification for the placement decision based on safety and appropriateness and the best interests of the child.

(3) Reasons for not utilizing less restrictive placements, if applicable.

(K) When do the provisions of this rule not apply?

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 on the date of the execution of the agreement for the purpose of adoption.

(L) What other legal and regulatory standards govern placement activities?

All placement activities are to be in compliance with rules 5180:3-13-18.1 and 5180:2-48-13 of the Administrative Code and 42 U.S.C. sections 671(a)(18), 674(d) and 1996b.

Last updated March 17, 2026 at 7:52 AM

Supplemental Information

Authorized By: 5103.03, 5153.166
Amplifies: 5103.02, 5103.03, 5153.16
Five Year Review Date: 3/14/2031

Rule 5180:3-13-08 | Acceptance of temporary custody by agreement and court-approved extensions.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) How can a public children services agency (PCSA) or private child placing agency (PCPA) accept temporary custody of a child by agreement from a child's parent, guardian or custodian?

The DCY 01645 "Agreement for Temporary Custody of Child" is to be properly executed, and all conditions stated are to be complied with.

(B) Where must the agreement be executed?

The DCY 01645 is to be executed in the county where the child's parent, guardian, or custodian has legal residence or settlement.

(C) Who can transfer temporary custody of a child?

Only the child's parent, guardian, or custodian can transfer temporary custody through an agreement.

(D) What is a PCSA or PCPA to do before executing the DCY 01645?

(1) Evaluate the reason for transferring temporary custody.

(2) Explore less drastic alternatives, including placement with the child's parent, guardian, custodian, relative, or interested nonrelative pursuant to rule 5180:3-13-05 of the Administrative Code.

(3) Confirm the availability of suitable placement resources for the child.

(4) Review the DCY 01645 with the parent, guardian, or custodian.

(E) What is the time limit for temporary custody agreements involving children under six months old for adoption purposes?

If the child is under six months of age, the agreement lasts up to sixty days. If temporary custody needs to continue, the agency is to request a thirty day extension with the consent of the child's parent, guardian or custodian. The thirty day extension is to be requested from the juvenile court in the county where the child's parent, guardian, or custodian has legal residence or settlement.

(F) How long can temporary custody agreements last when not for adoption purposes?

The initial agreement can last up to thirty days. If an extension is needed, the agency is to request an original thirty day extension, and, if necessary, seek one additional thirty day extension from the court.

(G) What is a PCSA or PCPA to do when requesting a court-approved extension?

(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 family case plan prepared in accordance with rule 5180:2-38-05 of the Administrative Code for PCSAs, and rules 5180:2-38-06 and 5180:2-38-07 of the Administrative Code for PCPAs; or

(3) If the request is for an additional extension, file a copy of the amended family case plan prepared in accordance with rule 5180:2-38-05 of the Administrative Code for PCSAs, and rules 5180:2-38-06 and 5180:2-38-07 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 family case plan.

(H) What happens if an extension is not requested?

(1) Return the child to the 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) What is to accompany a juvenile court complaint for custody?

The complaint is to be accompanied by a family case plan prepared in accordance with rule 5180:2-38-05 of the Administrative Code for PCSAs, and rules 5180:2-38-06 and 5180:2-38-07 of the Administrative Code for PCPAs.

(J) What is a PCSA or PCPA to do if an extension request is denied?

The agency is to return the child unless a court order permits otherwise. If necessary, the agency may file a complaint and seek an emergency order to retain custody pursuant to section 2151.33 of the Revised Code.

Last updated March 17, 2026 at 8:09 AM

Supplemental Information

Authorized By: 5153.166, 5103.03
Amplifies: 2151.421, 5153.16, 5103.03
Five Year Review Date: 3/14/2031

Rule 5180:3-13-09 | Acceptance of permanent custody by permanent surrender.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) Who can voluntarily surrender a child into permanent custody?

The parents, guardian, or other persons having custody of a child may voluntarily surrender the child into the permanent custody of a public children services agency (PCSA) or private child placing agency (PCPA) if both parties agree that it is in the best interests of the child.

(B) What form is to be used for a permanent surrender?

The PCSA or PCPA is to use the DCY 01666 "Permanent Surrender of Child" form when executing the agreement.

(C) What is the minimum age a child must be for the permanent surrender form DCY 01666 to be executed?

(1) The DCY 01666 can not be executed until at least seventy-two hours after the child's birth.

(D) What steps must be taken at least seventy-two hours prior to executing the DCY 01666?

The assessor is to 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 alternative options to surrendering the child.

(2) Advise the parents, guardian, or custodian of the child that signing the DCY 01666 will sever all parental rights and terminate all residual parental rights, privileges and responsibilities to the child as defined in section 2151.011 of the Revised Code.

(3) Inform the parents, guardian or custodian of the child that juvenile court approval is required unless the surrender is solely for the adoption of a child under six months old on the date that the agreement is signed.

(4) Explain Ohio's adoption laws and procedures.

(5) Review and complete the DCY 01693 "Ohio Law and Adoption Materials", completing sections I, II, and III for children older than six months.

(E) What must be completed before executing the DCY 01666?

(1) All activities outlined in paragraph (D) of this rule have occurred.

(2) Social and medical histories and any necessary release forms have been obtained. in accordance with the requirements contained in rule 5180:2-48-03 of the Administrative Code.

(F) Does juvenile court approval always need to be obtained?

Juvenile court approval is not required when a PCPA executes a DCY 01666 for a child under six months of age solely for the purpose of adoption.

(G) What is a PCPA to do after executing a DCY 01666 for a child under six months of age?

(1) Notify the court within two business days after execution.

(2) Submit the DCY 01693 at the time of notification to the juvenile court.

(3) Notify the court again within two business days after the child is physically placed for adoption.

(H) What happens if a child has not been placed for adoption within six months of executing the DCY 01666?

(1) Request the juvenile court with continuing jurisdiction to hold a review hearing as outlined in section 2151.417 of the Revised Code..

(2) Submit a family case plan in accordance with rules 5180:2-38-06 and 5180:2-38-07 of the Administrative Code.

(I) What happens if an adoption decree has not been finalized within seven months?

The PCSA or PCPA must request the juvenile court to hold a review hearing as outlined in section 5103.153 of the Revised Code..

(J) What is the main responsibility of the PCSA or PCPA regarding placement?

The PCSA or PCPA is to follow placement requirements pursuant to rule 5180:2-48-16 of the Administrative Code.

(K) Are biological parents required to pay support for a child in permanent custody?

A PCSA or PCPA cannot collect child support payments from the biological parents or legal guardians, for the cost of care incurred while a child is in the PCSA's or PCPA's permanent custody.

(L) Can a PCSA or PCPA force a permanent surrender?

A PCSA or PCPA cannot secure a permanent surrender of a child by the parent, guardian, or custodian through threats, intimidation, or incentives.

(M) What documentation is the PCSA or PCPA to keep in the child's case record?

(1) The date, time, place, and circumstances of the set pre-surrender activities.

(2) The date, time, place, and circumstances when the DCY 01666 was executed.

Last updated March 17, 2026 at 8:10 AM

Supplemental Information

Authorized By: 5153.166, 5101.03, 3107.083
Amplifies: 3107.083, 5103.152, 5103.153, 5103.16
Five Year Review Date: 3/14/2031

Rule 5180:3-13-18.1 | Non-discrimination requirements for foster care placements.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) Can an agency deny someone the opportunity to become a foster caregiver based on race, color, or national origin (RCNO)?

A public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) is not to 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 should 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) What is the Multiethnic Placement Act (MEPA)?

The Multiethnic Placement Act of 1994, as enacted by Sections 551 to 554 of the Improving America's School Act of 1994, Pub. L. No. 103-382, 108 Stat 3518 as amended by Section 1808 of the Small Business Job Protection Act of 1996. MEPA prohibits an agency or entity that receives federal assistance and is involved in adoptive or foster care placements , from delaying or denying the placement of a child solely on the basis of race, color or national origin of the adoptive or foster parent, or the child, involved. The act permits consideration of the child's cultural, ethnic, or racial background when such factors are considered in junction with other factors or relevant to the child's best interest.

(C) Does the MEPA affect the Indian Child Welfare Act (ICWA)?

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 supersede the provisions of the Indian Child Welfare Act of 1978, 25 U.S.C. 1901 et seq.

(D) Can RCNO be routinely considered when assessing a child's placement?

A PCSA, PCPA, or PNA is not to routinely consider RCNO as a factor in assessing the needs or best interests of children. In each case, the only consideration is to be the child's individual needs and the ability of the prospective foster caregiver to meet those needs.

(E) When can RCNO be considered in a placement decision?

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 is to 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 is not to be the sole determining factor in the placement decision.

(F) What actions are permitted by a PCSA, PCPA and PNA regarding RCNO in foster care placement decisions?

(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 is not to 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 a requisite for 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 is to indicate whether those comments were made before or after completion of the cultural diversity training that is prescribed for all foster care applicants.

(b) The documentation is to be included in the family's homestudy, update, or an addendum to the homestudy or update prior to consideration of placement.

(G) What actions are not permitted by the PCSA, PCPA and PNA as it applies to the foster care process?

The following actions are not permitted:

(1) Use the RCNO of a prospective foster caregiver to differentiate between foster care placements for a child, unless the procedures in paragraphs (H) to (L) of this rule are followed.

(2) Honor 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) Use culture or ethnicity as a proxy for RCNO.

(5) Delay or deny 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 expected 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.

(H) How can RCNO be considered in placement decisions?

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 is to determine if the child should be referred for an assessment of whether the child has individual needs involving RCNO.

(I) Who can conduct RCNO-related assessments?

One of the following licensed professionals is to 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.

(J) Can the licensed professional conducting the assessment be employed by the PCSA or PCPA?

The licensed professional conducting the assessment is not to be employed by the PCSA or PCPA making the referral.

(K) What documentation is to be completed for RCNO consideration?

At the time of the referral, the PCSA or PCPA is to initiate and subsequently complete the DCY 01688 "Individualized Child Assessment" using the following procedures:

(1) The caseworker is to complete section I of the DCY 01688 and submit the DCY 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 is to 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 is to forward to the licensed professional the following documents:

(a) The original DCY 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 is to request in writing that the licensed professional complete and sign section II of the original DCY 01688 and return it within sixty days to the PCSA or PCPA with a copy of the requested assessment attached.

(4) The licensed professional is to determine whether the child has needs involving RCNO and any other needs of a psychological or behavioral 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 is not to complete an assessment pursuant to paragraph (H) of this rule until the PCSA or PCPA has provided the licensed professional with copies of this rule and each of the following:

(a) DCY 01607 "MEPA Educational Materials."

(b) The DCY 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements."

(c) Rule 5180:2-48-13 of the Administrative Code.

(d) Rule 5180:2-48-16 of the Administrative Code.

(6) The licensed professional is to sign the DCY 01608 "Licensed Professional Statement" acknowledging receipt of the materials prescribed in paragraph (K)(5) of this rule. A copy of the signed DCY 01608 is to be submitted to the PCSA or PCPA.

(7) The PCSA or PCPA is to keep the DCY 01608 and attach a copy to each DCY 01688 the licensed professional completes. The PCSA or PCPA is to submit a copy of the DCY 01608 and DCY 01688, if applicable to the Ohio department of children and youth (DCY) ten days after receiving it.

(8) Each completed DCY 01688 is to remain in effect for twelve months from the date of the final decision as documented on the DCY 01688.

(a) If it has been determined that RCNO should be a factor considered in the child's placement, an updated DCY 01688 and assessment is to 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 DCY 01688 and assessment is not required prior to the twelve month expiration date. In such instance, the PCSA or PCPA may update the DCY 01688 and assessment as deemed necessary.

(9) The DCY 01688 is to be considered as part of the placement decision making process.

(L) What documentation is the PCSA or PCPA to keep in a child's case file?

The PCSA or PCPA is to maintain in the child's case file the completed original DCY 01688 and all medical or psychological evaluations, school records, or other material in the file.

(M) A PCSA, PCPA, or PNA is not to 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/or 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.

(N) What types of retaliatory actions are prohibited duirng investigations related to MEPA and Title VI?

Retaliatory conduct not permitted 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 March 17, 2026 at 8:10 AM

Supplemental Information

Authorized By: 5180.42, 5103.03, 5153.166
Amplifies: 2151.412, 5153.16
Five Year Review Date: 3/14/2031

Rule 5180:3-13-18.2 | Kinship support program.

• Effective: October 3, 2025
• Promulgated Under: 111.15

(A) What is the kinship support program?

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 5180.531 of the Revised Code and provide payments in accordance with section 5180.533 of the Revised Code to the extent funds are appropriated and allocated for this purpose.

(B) How is "kinship caregiver" defined?

"Kinship caregiver" has the same meaning as in section 5180.50 of the Revised Code.

(C) Who is eligible to receive KSP payments?

A kinship caregiver who is not certified as a foster caregiver in accordance with Chapters 5180:2-5 and 5180:2-7 of the Administrative Code is eligible to receive KSP payments for a child placed in the kinship caregiver's home pursuant to rule 5180:2-42-18 of the Administrative Code when:

(1) The child is in 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) How long can eligible kinship caregivers receive KSP payments?

Eligible kinship caregivers may receive KSP payments for up to six months from the date of the child's placement in their home.

(E) When do KSP payments stop?

KSP payments are to stop when any of the following occurs:

(1) The kinship caregiver obtains foster home certification in accordance with Chapters 5180:2-5 and 5180:2-7 of the Administrative Code;

(2) The kinship caregiver has received KSP payments for the placement of the child for six months;

(3) The child is no longer in the custody of the PCSA or Title IV-E agency;

(4) The child is no longer placed in the kinship caregiver's home; or

(5) The home assessment is denied pursuant to rule 5180:2-42-18 of the Administrative Code.

(F) What information is to be provided to the kinship caregiver prior to a child's placement in the home?

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 5180:2-42-18 of the Administrative Code.

(G) How does the PCSA or other Title IV-E agency ensure timely and accurate KSP payments are made to the kinship caregiver?

The PCSA or other Title IV-E agency is to enter the necessary data into Ohio comprehensive child welfare information system (CCWIS) as soon as possible to initiate and/or terminate payments for eligible kinship caregivers in accordance with this rule.

(H) How is the PCSA or other Title IV-E agency to pay for a child placed with a kinship caregiver who is certified as a foster caregiver?

The PCSA or other 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 5180:2-5 and 5180:2-7 of the Administrative Code, or the equivalent in another state. The FCM payment is to equal the rate the PCSA or other Title IV-E agency would pay for the child if placed in a foster home that is not kin.

(I) When do FCM payments begin for a kinship caregiver who becomes a certified foster caregiver?

If a kinship caregiver becomes a certified foster caregiver pursuant to Chapters 5180:2-5 and 5180:2-7 of the Administrative Code, or the equivalent in another state, after the child was placed with the kinship caregiver, the PCSA or other Title IV-E agency is to pay FCM effective the date the kinship caregiver becomes certified as a foster caregiver.

(J) Can kinship caregivers who want to become certified foster caregivers receive waivers for certification requirements?

Waiver requests by a recommending agency for a kinship caregiver seeking foster care certification are permitted for the following:

(1) Pursuant to rule 5180:2-5-18 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 5180:2-5-33 of the Administrative Code.

(K) What happens if a kinship caregiver receives KSP payments they were not eligible for?

The kinship caregiver may be responsible for returning payments to DCY if:

(1) The payment was received in error.

(2) The caregiver was determined to be ineligible.

Last updated October 6, 2025 at 8:02 AM

Supplemental Information

Authorized By: 5180.536
Amplifies: 5180.53, 5180.531, 5180.532, 5180.533, 5180.534, 5180.535, 5180.57, 5103.0329
Five Year Review Date: 10/3/2030

Rule 5180:3-13-64 | Preplacement services.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) Who is to provide preplacement services?

Each public children services agency (PCSA) or private child placing agency (PCPA) is to provide or arrange preplacement services to the child and their parent, guardian, or custodian when substitute care placement of the child is to occur.

(B) What do preplacement services include?

(1) Counseling the child and their parent, guardian, or custodian regarding feelings of separation.

(2) Facilitating communication between the agency, the child, and their parent, guardian, or custodian, if it is in the child's best interest.

(3) Organizing at least one visit with the caregiver and child before the placement.

(C) Under what circumstances does preplacement services not apply?

(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 5180:2-52-04 and 5180:2-52-06 of the Administrative Code.

(6) Placement of a child on an emergency basis as set forth in rules 5180:2-39-01 and 5180:2-39-03 of the Administrative Code.

(D) Is there a documentation requirement for preplacement services?

Notes or documentation related to the provision of preplacement services are to be kept in the child's case record.

Last updated March 17, 2026 at 7:52 AM

Supplemental Information

Authorized By: 5103.03, 5153.166
Amplifies: 5103.03, 5153.16
Five Year Review Date: 3/14/2031

Rule 5180:3-13-65 | Caseworker visits and contacts with children in substitute care.

• Effective: January 1, 2026
• Promulgated Under: 119.03

(A) What are the responsibilities of the public children services agency (PCSA) or private child placing agency (PCPA) that holds custody of a child regarding caseworker visits and contacts with the child and substitute caregivers?

The PCSA or PCPA that holds custody of a child is to conduct caseworker visits and maintain contact with both 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) Who is responsible for conducting visits and contacts within the PCSA or PCPA?

Visits and contacts are to be conducted by a caseworker 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 monthly visits.

(3) The PCSA or PCPA, as part of a managed care agreement as defined in rule 5180:2-1-01 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 outlined in this rule.

(C) What is the minimum frequency of visits?

The minimum frequency of visits will be as follows, with individual time for the child as appropriate for his or her ability to communicate:

(1) For a child placed in a relative or non-relative home approved pursuant to rule 5180:2-42-18 of the Administrative Code or a foster home certified pursuant to Chapter 5180:2-5 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 is present for 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 warrant 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 5180:2-47-18 of the Administrative Code and placed in a treatment or medically fragile foster home certified pursuant to Chapter 5180:2-5 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 is present for 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 employed by 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 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)(3)(a) of this rule.

(4) Regardless of the placement setting of the child, a child may request visits from the PCSA or PCPA caseworker on a more frequent basis than the minimums established in this rule. These requests and the resulting agency action are to be documented in the child's case record.

(D) How are contacts and visits for children in the custody of a PCSA or PCPA to be documented?

Visits and contacts are to be documented in the child's case record as outlined in rules 5180:3-1-23 and 5180:2-33-70 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 is to 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 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) A change in the number 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 activities in accordance with the child's case plan.

(4) Any other issues that the child wishes to mention or discuss with the caseworker during the visit.

(E) What is the agency to do 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 5180:2-52 of the Administrative Code, and the regulations of the interstate compact, located at https://aphsa.org/icpc-resources/.

Last updated January 5, 2026 at 9:03 AM

Supplemental Information

Authorized By: 5103.03, 5153.166
Amplifies: 5103.03, 5153.16
Five Year Review Date: 1/1/2031
Prior Effective Dates: 2/17/2008, 6/22/2009

Rule 5180:3-13-65.2 | Visitation and placement review for children in residential facilities.

• Effective: January 1, 2026
• Promulgated Under: 119.03

(A) What are the responsibilities of the public children services agency (PCSA) or private child placing agency (PCPA) that holds custody of a child regarding caseworker visits and contacts with a child under the care and supervision of a residential facility?

(1) The PCSA or PCPA holding custody of a child who is placed in a residential facility or substance use disorder (SUD) residential facility as defined in rule 5180:2-1-01 of the Administrative Code is to ensure the child's safety and well-being and assess whether the placement and services continue to meet the child's needs in accordance with the case plan. The visits and contacts are to:

(a) 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 case worker assigned to the child's case is to complete the majority of the monthly visits.

(iii) The PCSA or PCPA, as part of a managed care agreement as defined in rule 5180:2-1-01 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 outlined in this rule.

(iv) One contact with the residential facility or SUD residential facility and the child as developmentally appropriate is to occur within ten days of placement, not including the first day of placement.

(v) Monthly face-to-face visits with the child are to occur within the residential facility or SUD residential facility.

(2) Contacts and visits are to be documented in the child's case record as outlined in rules 5180:3-1-23 and 5180:2-33-70 of the Administrative Code and address the following:

(a) The child's safety and well-being within the residential facility. In assessing the child's safety and well-being, the caseworker is to consider at least the following through observation and information obtained during the contact or visit:

(i) The child's current behavior, emotional functioning and current social functioning, and any other settings/activities in which he or she is involved. The caseworker is to also document evidence that the facility staff are following the reasonable and prudent parent standard in allowing the child regular opportunities to participate in age or developmentally appropriate activities.

(ii) The child's current vulnerability.

(iii) Any new information regarding the child, the substitute care setting, and the impact on the residential facility's willingness or ability to care for the child including, but not limited to, the child's daily activities.

(iv) Any supportive services needed for the child to assure the child's safety and well-being.

(v) Any additional concerns or relevant information the child makes known to the caseworker during the visit.

(b) The child's progress toward any goals in the case plan based on information obtained from the child and facility staff.

(c) Review and determine whether the residential facility is the appropriate setting and is providing a satisfactory level of care for the child. A satisfactory level of care is defined as the provision of services, supervision, and support outlined in the foster care bill of rights.

(i) If during the monthly visit the PCSA or PCPA observes or is made aware of the following, a mandatory review of the placement is to occur as outlined in paragraph (B) of this rule.

(a) Unsafe or unsanitary conditions in the facility or on the grounds of the residential facility.

(b) Violations of the youth's rights, including but not limited to those enumerated in rule 5180:2-5-35 of the Administrative Code, by the residential facility or residential facility staff.

(ii) If during the monthly visit the PCSA or PCPA observes or is made aware of the following, a mandatory review of the placement may occur as outlined in paragraph (B) of this rule.

(a) Lack of discharge planning as outlined in rule 5180:2-9-42 of the Administrative Code.

(b) Lack of service planning as outlined in rule 5180:2-9-12 of the Administrative Code.

(c) Any identified rule violation.

(B) When is a mandatory placement review to be conducted and what are the PCSA and PCPA responsibilities?

(1) The PCSA or PCPA is to complete a mandatory review of the placement within two business days of:

(a) Notification that the child presented to an emergency department or was admitted to a hospital for an injury or mental health crisis.

(b) Notification that a police report is generated with regard to the child.

(c) The PCSA or PCPA has developed concerns for the safety and well-being of the child during the monthly visit outlined in paragraph (A) of this rule.

(2) At the conclusion of the mandatory review, the agency has five business days to determine:

(a) The placement is providing a satisfactory level of care as defined in (A)(2)(c) of this rule, and no actions are to be taken.

(b) A possible placement change is needed, or actions need to be taken by the residential facility, which the PCSA or PCPA can identify in collaboration with the residential facility.

(3) Documentation by the PCSA or PCPA of the review outlined in paragraph (B) of this rule and the results of the review, including concerns that were addressed and the actions taken are to be recorded in the child's case record.

(C) What notifications are to be sent out within five business days after the completion of activities listed in paragraph (B) of this rule?

(1) The PCSA or PCPA is to notify the operator of the residential facility of the results of the review and any actions that are to be taken.

(2) The PCSA or PCPA is to notify the Ohio department of children and youth (DCY) of the results of the review regarding the facility identified in the mandatory review and any actions that need to be taken when any of the following occur:

(a) Unsafe or unsanitary conditions in the residential facility or on the grounds of the residential facility.

(b) Violations of the youth's rights, including but not limited to those enumerated in rule 5180:2-5-35 of the Administrative Code, by the residential facility or the residential facility staff.

(c) Any other concerns the PCSA or PCPA may have after completing the review that need to be brought to the attention of DCY.

Last updated January 5, 2026 at 9:03 AM

Supplemental Information

Authorized By: 5103.03, 5153.166
Amplifies: 2151.467, 2151.468, 5103.03, 5153.16
Five Year Review Date: 1/1/2031

Rule 5180:3-13-66 | Administrative procedures for comprehensive health care for children in placement.

• Effective: January 1, 2026
• Promulgated Under: 119.03

(A) What is the early and periodic screening, diagnosis, and treatment (EPSDT) program?

The EPSDT program is a federally mandated program as defined in 42 U.S.C. 1396d(r) (2017) that provides comprehensive preventive health services to medicaid-eligible individuals from birth through age twenty years. In Ohio, the program is called "Healthchek," is defined in rule 5160-1-14 of the Administrative Code, 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) What are the interagency procedures to implement comprehensive health care for children in placement?

(1) 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."

(2) The PCSA, PCPA or PNA is to review and amend the interagency procedures, as needed.

(C) What is the emergency on-call procedure each PCSA and PCPA is to establish?

Each PCSA and PCPA is to establish and implement a twenty-four hour emergency on-call procedure to respond to emergency departments, hospitals, law enforcement officers, and first responders involving a child in the agency's custody.

Last updated January 5, 2026 at 9:03 AM

Supplemental Information

Authorized By: 5153.166, 5153.16, 5103.03
Amplifies: 2151.469, 5103.03, 5153.166, 5153.16
Five Year Review Date: 1/1/2031
Prior Effective Dates: 12/27/1987, 1/1/1989, 2/1/2003

Rule 5180:3-13-66.1 | Comprehensive health care for children in placement.

• Effective: January 1, 2026
• Promulgated Under: 119.03

(A) What is the responsibility of a public children services agency (PCSA) or private child placing agency (PCPA) regarding the coordination of health care for a child who enters substitute care or experiences a placement change?

The PCSA or PCPA is to coordinate 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) When petitioning for custody, what are the PCSA or PCPA to determine regarding the parent, guardian, or custodian's ability to provide health care?

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. This does not negate the responsibility of a PCSA or PCPA from assessing a child's eligibility for medicaid coverage, Title IV-E, or other assistance programs.

(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, 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) When is a child's medical screening to be completed?

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 necessary 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 physician's assistant.

(D) What comprehensive health care is to be arranged for a child who is in substitute care?

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 necessary 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 appointments, 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 necessary 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 their 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 needed 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) What is to occur for a medicaid eligible child?

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 as defined in rule 5180:2-1-01 of the Administrative Code, 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" 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) What is the required response time for a PCSA or PCPA to respond to a hospital or emergency department regarding medical care for a child in their custody who is under the care and supervision of a residential facility?

The PCSA or PCPA with custody of a child who is under the care and supervision of a residential facility and presents to an emergency department or is admitted to a hospital for an injury or mental health crisis is to respond to the emergency department or hospital's communication regarding medical care for the child no later than four hours after initial contact as outlined in section 2151.461 of the Revised Code.

(G) What comprehensive health care is necessary for a placement episode less than sixty days?

Comprehensive health care pursuant to paragraph (D) of this rule is not necessary 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 January 5, 2026 at 9:03 AM

Supplemental Information

Authorized By: 5153.166, 5103.03
Amplifies: 2151.461, 5103.03, 5153.166
Five Year Review Date: 1/1/2031
Prior Effective Dates: 1/1/1989, 1/1/1990, 5/1/1993, 10/1/1997, 8/11/2014

Rule 5180:3-13-67 | Preparation of lifebook.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) What is the minimum information to be included in a lifebook?

(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) When is a lifebook to be started and updated?

When a child remains in substitute care for longer than six months, the public children services agency (PCSA) or private child placing agency (PCPA) is to begin to prepare a lifebook. The PCSA or PCPA as well as the resource caregiver, are encouraged to prepare a lifebook for or with each child sooner than six months after the child's placement into substitute care. The lifebook is to be updated every six months so long as the child remains in substitute care.

(C) How is the lifebook shared with the child?

The PCSA or PCPA is to 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) What restrictions apply to the lifebook's content?

The PCSA or PCPA is not to place identifying information of the child, as defined in section 3107.01 of the Revised Code, in the lifebook. The child and their caregiver may add identifying information to the lifebook.

(E) How is progress on the lifebook documented?

The PCSA or PCPA is to 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 outlined in paragraph (B) of this rule.

(F) What happens to the lifebook if the child is placed for adoption?

If a child in the permanent custody of a PCSA or PCPA is placed for adoption, the original lifebook is to be given to the child and a copy is to be maintained in the child's record.

Last updated March 17, 2026 at 7:52 AM

Supplemental Information

Authorized By: 5103.03, 5153.166
Amplifies: 5103.03, 5153.16
Five Year Review Date: 3/14/2031

Rule 5180:3-13-68 | Necessity for continued substitute care placement: court reviews and hearing requirements.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) How often are agencies to review the necessity for continued substitute care placement?

Each public children services agency (PCSA) or private child placing agency (PCPA) is to 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 is to conduct a case review and assess the need for continued substitute care placement no later than every six months after whichever activity occurs first as outlined in rule 5180:2-38-09 of the Administrative Code.

(B) What must agencies do for children in emergency shelter care for over thirty days?

The PCSA or PCPA is to 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. The determination and documentation is to be completed promptly after each succeeding thirty-day period as long as the child remains in an emergency shelter care facility.

(C) How do agencies determine whether continued substitute care is needed for children in temporary custody?

The PCSA is to consider reunification for a child in substitute care if the PCSA determines a safety threat is no longer active or is being controlled through the family's protective capacities. This determination must also take into account the child's vulnerabilities to ensure the child is no longer in immediate danger or at risk of serious harm.

(D) What actions must agencies take when continued temporary custody is needed?

Upon determining the need for continued temporary custody of a child, the PCSA or PCPA is to 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 is not to 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 non-relative.

(3) An order that the child, sixteen years or older, be placed in a planned permanent living arrangement (PPLA) and the following is completed at both the initial PPLA hearing and any subsequent hearings regarding permanency outcomes:

(a) The PCSA is to document at each permanency hearing the efforts to place the child permanently with a parent, relative or in a guardianship or adoptive placement.

(b) The PCSA should ensure the child's attendance at the permanency hearing and is to ensure that the child is asked about their desired permanency outcome.

(i) If there is any significant safety concerns deterring the youth from participating in the hearing, the PCSA is to document the reason for the youth's absence in the child's case record.

(ii) In the youth's absence, the PCSA is to ensure a representative is present in court to address the youth's desires regarding the permanency outcome.

(c) The PCSA is to document the judicial determination 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 is to document the steps the agency is taking to ensure the resource 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 is to be placed in the case record as outlined in rule 5180:3-1-23 of the Administrative Code.

(4) An order permanently terminating the parental rights of the child's parents as outlined in section 2151.413 of the Revised Code. The PCSA or PCPA should encourage a child to share their opinion and be included when any decisions are being made affecting their lives pursuant to rule 5180:2-5-35 of the Administrative Code.

(E) When should the PCSA or PCPA file the motion prescribed by paragraph (D) of this rule?

The PCSA or PCPA is to file the motion 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) When must an agency request a permanency hearing without requiring reasonable efforts?

The PCSA or PCPA is to request that a permanency hearing be held within thirty days of a judicial determination that reasonable efforts are not required pursuant to rule 5180:2-39-01 of the Administrative Code. This permanency hearing is not necessary if the requirements of the permanency hearing are fulfilled at the hearing in which the court determines that reasonable efforts are not required.

(G) When does this rule not apply?

This rule does not apply to a PCPA handling a voluntary permanent custody surrender agreement. All reviews of these cases are to comply with the provisions found in section 5103.153 of the Revised Code and rules 5180:3-13-09 and 5180:2-53-05 of the Administrative Code.

Last updated March 17, 2026 at 8:10 AM

Supplemental Information

Authorized By: 5153.166, 5103.03
Amplifies: 5103.03, 5153.16
Five Year Review Date: 3/14/2031

Rule 5180:3-13-89 | Private child placing agency procedures when a child in agency custody dies.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) What steps must a private child placing agency (PCPA) take if a child in its temporary custody or planned permanent living arrangement dies?

(1) Notify the public children services agency (PCSA) and the law enforcement agency with jurisdiction within one hour of it learning of the child's death.

(2) Contact the child's parent, guardian or custodian within one hour of it learning of the child's death.

(3) Complete the DCY 01987 "Child Fatality Report Face Sheet" and send it to the Ohio department of children and youth (DCY) within five working days after learning of the death. The DCY 01987 is to be sent electronically as directed on the form.

(4) Assist the family in planning funeral arrangements, if requested.

(B) What are the responsibilities of a PCPA if the child was in permanent custody?

(1) Notify the PCSA and the law enforcement agency with jurisdiction within one hour of it learning of the child's death.

(2) Determine whether notification of the parent, guardian, custodian or other relatives is appropriate.

(3) Complete the DCY 01987 and send it to DCY as described in paragraph (A)(3) of this rule.

(4) Assume responsibility for funeral arrangements.

(C) How must documentation of notifications be maintained?

The PCPA is to maintain documentation regarding the provision of notices as outlined by this rule in the child's case record and the recommending agency's provider record.

Last updated March 17, 2026 at 7:52 AM

Supplemental Information

Authorized By: 5103.03, 5153.166
Amplifies: 2151.413, 2151.27, 2151.35
Five Year Review Date: 3/14/2031

Rule 5180:3-13-90 | Information to be provided to children, caregivers, school districts and juvenile courts.

• Effective: January 1, 2026
• Promulgated Under: 119.03

(A) What information is to be shared with caregivers, as defined in rule 5180:2-1-01 of the Administrative Code, when a public children services agency (PCSA) or private child placing agency (PCPA) plans to place a child into a substitute care setting or respite care setting and what are the timeframes for sharing it?

(1) The PCSA or PCPA with custody of a child and planning to place the child into a substitute care setting or respite care setting is to share information with the caregivers in accordance with paragraphs (A) and (B) of this rule to allow them to make an informed decision regarding whether they can care for the child.

(2) The PCSA or PCPA is to share the information identified in paragraphs (A)(3)(a) to (A)(3)(i) of this rule with the caregivers:

(a) 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.

(b) Or prior to placing the child.

(3) The information is to include the following:

(a) The child's health, behavioral characteristics, treatment and service needs, and plans to meet those needs as identified in the case plan.

(b) Any special needs the child may have such as special diets, therapy, or learning disabilities.

(c) The child's prior history of maltreatment. Provision of information regarding child abuse or neglect assessments/investigations is to comply with rule 5180:2-33-21 of the Administrative Code, if applicable.

(d) Information on any acts committed by the child that placed the health, safety, or well-being of others at risk; such as fire-setting or victimization of other adults, children, or animals.

(e) The school the child will attend, if applicable.

(f) The child's visitation schedule with his/her parents or guardian.

(g) The substitute caregivers' responsibilities.

(h) A written report containing the information specified in paragraph (A)(3)(i) of this rule, for a child who has been adjudicated delinquent for commission of any of the offenses in section 2152.72 of the Revised Code.

(i) The PCSA is to make a written request of the juvenile court that placed the child in the agency's custody for the information identified in paragraphs (A)(3)(i)(i) to (A)(3)(i)(iv) of this rule and share this information with the substitute caregiver. The PCSA is to 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 is to maintain this information in the Ohio comprehensive child welfare information system (Ohio CCWIS). The PCPA is to maintain this information in the child's case record.

(i) The child's social history.

(ii) 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.

(iii) A description of any other violent acts committed by the child.

(iv) 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.

(B) What information is to be shared with the respite caregiver prior to a child's placement in a respite care setting?

The PCSA or PCPA is to share information that could impact the health, safety, or well-being of the child or others within the temporary setting. This includes sharing information as specified in paragraph (A) of this rule. The PCSA or PCPA is to maintain this information in accordance with paragraph (N) of this rule.

(C) What is the PCSA or PCPA to provide foster caregivers regarding a child's psychological, psychiatric, or mental health examinations, and what are the requirements for timing and documentation?

(1) The PCSA or PCPA is to provide a written report to the foster caregiver. The report is to:

(a) Contain substantial and material conclusions and recommendations of any psychological, psychiatric, or mental health examination contained in the child's case record.

(b) Include, but is not limited to, examinations conducted in accordance with paragraph (A)(3)(i)(iv) of this rule and rule 5180:3-13-66.1 of the Administrative Code.

(c) Be provided to the foster caregivers as soon as possible, but no later than sixty days after placing the child in the foster home.

(d) Be maintained in accordance with paragraph (N) of this rule.

(D) What information is the PCSA or PCPA to provide to the caregiver of a child placed in a planned permanent living arrangement in a family setting?

The PCSA or PCPA holding custody of a child placed in a planned permanent living arrangement is to 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 related to providing the child independent living services, and assist in the child's transition to adulthood.

(E) What are the responsibilities of the PCSA and PCPA in sharing information with prospective foster caregivers and the local board of education prior to placing a child in foster care?

(1) The PCSA is to share the information in paragraphs (E)(5)(a) to (E)(5)(g) of this rule 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.

(2) The PCPA is to share the information in paragraphs (E)(5)(a) to (E)(5)(g) of this rule 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.

(3) The PCSA or PCPA is to 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.

(4) The PCSA is to 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 CCWIS. The PCPA is to maintain a copy in the child's case record.

(5) The information is to include:

(a) 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.

(b) A brief description of the reasons the child was removed from his home.

(c) The services the child is or will be receiving.

(d) 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.

(e) 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.

(f) The previous school district attended by the child.

(g) The last known address of the child's parents.

(F) What information is the PCSA or PCPA to provide when placing a child in a residential facility where the child will be attending a new school district?

The PCSA or PCPA is to provide the following:

(1) The information necessary to support the child's education to the foster care liaison as outlined in Public Law 114-95 Every Student Succeeds Act (ESSA), in the child's new school district verbally upon enrolling the child.

(2) The DCY 01442 "Educational Information for Children Placed in Residential Facilities" form to the district's foster care liaison no later than five days after the child's enrollment in the new school district.

(G) What information is the PCSA and PCPA to provide to foster caregivers and the juvenile court for a child who has been adjudicated unruly or delinquent?

(1) The PCSA or 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 and the foster home is outside the county of residence of the child.

(2) The PCSA is to 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 CCWIS. The PCPA is to maintain a copy in the child's case record.

(3) The information to be provided is to include:

(a) The information listed in paragraphs (E)(5)(c), (E)(5)(d), and (E)(5)(e) of this rule.

(b) A brief description of the facts supporting the adjudication that the child is unruly or delinquent.

(c) The name and address of the foster caregivers.

(d) The safety and well-being concerns with respect to the child.

(e) The safety and well-being concerns with respect to the community.

(H) How is information shared with a private non-custodial agency (PNA)?

When the PCSA or PCPA contracts with a PNA, the PCSA or PCPA is to share information with the PNA in accordance with paragraphs (A) and (B) of this rule. The PCSA is to maintain this information in CCWIS. The PCPA is to maintain this information in the child's case record.

(I) When is the individual child care agreement (ICCA) to be developed and what information is it to include?

(1) The PCSA or PCPA is to develop an ICCA each time a child is placed in a substitute care setting, including a children's residential center (CRC) administered by the PCSA.

(2) When the child's placement is in a CRC under the direction of another agency, the PCSA or PCPA is to develop and execute the ICCA with the other agency and provide a copy of the ICCA to both the agency and the CRC.

(3) When the child's placement is in a foster home certified by another agency, a second ICCA is to be executed between the certifying agency and the substitute caregivers, with a copy maintained in the child's case record.

(4) The ICCA is to be signed by all parties and a copy provided to the substitute caregivers prior to the placement, or within seven days of an emergency placement.

(5) The ICCA is to include, but is not limited to, the following:

(a) The name, address, email, 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.

(b) The child's name and date of birth.

(c) History and background information known about the child, including, but not limited to:

(i) Positive attributes, characteristics, or strengths such as talents, hobbies, interests, or educational achievements.

(ii) Physical, intellectual, and social development.

(iii) Spiritual or religious beliefs or practices of the child that should be respected by the substitute caregiver, if any.

(iv) Immediate health needs and current medications.

(v) Psychiatric and/or psychological evaluations of the child.

(vi) Attachment and bonding of the child to caregivers and siblings.

(vii) History of abuse or neglect of the child.

(viii) If applicable, a description of all acts which resulted in the child being found delinquent and the disposition made by the court.

(ix) Information on any other violent acts committed by the child that have or have not resulted in the child being adjudicated delinquent, including, but not limited to: arson, kidnapping, domestic violence, or animal cruelty.

(d) The child's need for placement and estimated timeframe for placement.

(e) Procedures for meeting the child's emergency and non-emergency medical needs, and information regarding the child's eligibility for Title XIX medical assistance.

(f) 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.

(g) Visitation plan with parents, guardian, custodian and other persons when applicable, pursuant to rule 5180:2-42-92 of the Administrative Code.

(h) Transportation arrangements for visits, school, therapy, and other activities, and the party responsible for providing the transportation.

(i) Case plan goal for the child, pursuant to rule 5180:2-38-05 of the Administrative Code, if applicable, for a PCSA and rules 5180:3-7-06 and 5180:2-38-07 of the Administrative Code for a PCPA.

(j) 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.

(k) A statement that the methods of discipline used for the child are to comply with either rule 5180:2-7-09 or 5180:2-9-21 of the Administrative Code, as applicable.

(l) The rights and responsibilities of the PCSA or PCPA, the agencies providing services to the child, and the substitute caregivers.

(m) 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 outlined in section 479 of the Social Security Act (42 USC Section 679, 1994, 108 stat. 4459).

(J) What if the information required on the ICCA is unavailable at the time of completion?

If the PCSA or PCPA is unable to complete any part of the ICCA within the timeframe in paragraph (I) of this rule, the PCSA or PCPA is to document in the ICCA the information still needed and outline the steps that will be taken to obtain it. Once the outstanding information is obtained, the ICCA is to be updated within seven days as outlined in paragraph (K) of this rule.

(K) When is the ICCA to be updated?

The PCSA or PCPA is to review and update the ICCA or develop a new ICCA when there is a change in any information in paragraph (I) of this rule. The PCSA or PCPA is to 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.

(L) When is an ICCA not required?

An ICCA is not required for temporary leaves from a substitute care setting, such as respite or hospital stays, or for direct placements ordered by the court, such as detention.

(M) When is the PCSA or PCPA to provide the JFS DCY 01677 "Foster Youth Rights Handbook" and DCY 08069 "Foster Youth Bill of Rights"?

(1) The caseworker is to provide each child in substitute care the DCY 08069 "Foster Youth Bill of Rights" as outlined in rule 5180:2-5-35 of the Administrative Code.

(2) The DCY 01677 is to be provided within seven days after an initial placement or a change in placement, to any child in substitute care who is fourteen years of age or older.

(a) If the child attains the age of fourteen while in custody, the DCY 01677 is to be given to the child within seven days after their fourteenth birthday.

(b) The caseworker is to have the child sign the DCY 01677 at the time of receipt in cases where the child is fourteen years of age or older.

(c) The DCY 01677 is to be reviewed with the child in an age and developmentally appropriate manner. At the time of review, the caseworker is to have the child sign the additional signature line of the DCY 01677 if the child is at least fourteen years of age. Once both the received and reviewed signatures are completed, the signature page is to be included with the child's case plan, whether initial or amendment, for submission to court.

(N) What record-keeping responsibilities do the PCSA and PCPA have regarding all information shared as outlined in this rule?

(1) The PCSA is to maintain in CCWIS and in the child's case record a detailed record of all information shared with caregivers, including the date it was shared and the caregivers' acknowledgment of receipt.

(2) The PCPA is to maintain this same information in the child's case record.

(3) Both the PCSA and PCPA are to maintain copies of all ICCAs and any updates in the child's case record and the substitute caregivers' record.

Last updated January 5, 2026 at 9:03 AM

Supplemental Information

Authorized By: 5103.03, 5153.166
Amplifies: 2151.55, 2151.551, 2151.552, 2151.553, 2151.554, 2152.72, 5103.03, 5103.0513, 5153.16
Five Year Review Date: 1/1/2031

Rule 5180:3-13-92 | Visitation for child in temporary custody.

• Effective: March 14, 2026
• Promulgated Under: 119.03

(A) Who is responsible for arranging visitation for a child in temporary custody?

Each public children services agency (PCSA) or private child placing agency (PCPA) is to arrange and provide regular and frequent visitation for a child in temporary custody with the child's parent, guardian, or custodian.

(B) Who shall the PCSA or PCPA consult when developing the visitation plan?

(1) The child when age appropriate.

(2) The parent, guardian, or custodian.

(3) Resource caregivers and other service providers when applicable.

(C) What factors determine the frequency of visits?

(1) The child's bet interest and what is conducive to the child's physical and emotional well-being.

(2) The family case plan goal(s).

(3) The need to maintain or enhance the bonding relationship between the parent, guardian, or custodian and child.

(4) The current attitudes and feelings between the child and parent, guardian, or custodian.

(D) What determines the duration of visits?

(1) Consideration of the current relationship between the child and parent, guardian, or custodian to determine the visitation length that would be in the child's best interest.

(2) Consideration of the amount of time needed to maintain or enhance the bond between the parent, guardian, or custodian, and the child.

(E) How is the location of visits determined?

Visits should occur in the least restrictive setting consistent with family case plan goals and considering the safety of the child The preferred order of least-restrictive to most-restrictive settings is:

(1) Home of the parent, guardian, or custodian.

(2) Home of a friend, relative, or substitute caregiver or other non-institutional setting.

(3) Agency or substitute care setting.

(F) What factors may lead to restrictions on visitation?

(1) 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.

(2) Special needs, unique considerations, or circumstances of the child.

(3) The parent's guardians, or custodian's inability to be available for more frequent or longer visits.

(G) What tool is the PCSA to use to guide visitation decisions?

The PCSA is to review the DCY 01413 "Comprehensive Assessment and Planning Mode - I.S. Case Review" pursuant to rule 5180:2-38-09 of the Administrative Code, if applicable to assist in the decision on the arriving at a decision to guide the frequency, duration and location of visits or to determine the level of supervision needed during visits.

(H) Are other forms of communication besides visits allowed?

The PCSA or PCPA is to ensure regular opportunities for other forms of communication between the child and their parent, guardian, or custodian are provided, subject to the best interests of the child.

(I) What about visitation with siblings and others?

The agency is to arrange visits and communication with siblings and significant others integral to maintaining connections with those individuals, unless doing so would be contrary to the best interests of the child. When applicable, the agency shall also make arrangements for visitations related to the maintenance and connection with Indian tribes pursuant to rule 5180:2-53-06 of the Administrative Code.

(J) Can visitation be withheld as punishment?

Visits are not to be withheld to discipline the child or to punish the parent for failure to work with the agency or other community providers.

(K) Where should decisions about visitation criteria and restrictions along with the visitation plan be documented?

All decisions by PCSA's or PCPA's decision on each of the criteria identified in this rule, and the need for any visitation restrictions and/or supervision, and the reason for the decision are to be recorded in the family case plan as required by rule 5180:2-38-05 of the Administrative Code, if applicable for PCSAs and rules 5180:2-38-07 and 5180:3-7-06 of the Administrative Code, if applicable for PCPAs.

Last updated March 17, 2026 at 7:52 AM

Supplemental Information

Authorized By: 5103.03, 5153.166
Amplifies: 5103.03, 5153.16
Five Year Review Date: 3/14/2031