(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.