Rule 5180:3-1-26 | The county memorandum of understanding to address child abuse and neglect.
(A) What is the county memorandum of understanding to address child abuse and neglect?
It is a document describing operating procedures that officials are to follow when conducting child abuse or neglect assessments/investigations. Throughout this rule, the county child abuse and neglect memorandum of understanding (MOU) will be referred to as the MOU.
(B) What are the purpose and goals of the MOU as defined in section 2151.4221 of the Revised Code?
(1) The purpose of the MOU is to establish normal operating procedures by all concerned officials in completing their respective responsibilities.
(2) The goals are to eliminate unnecessary interviews and provide only one interview of children who are the subject of the report of child abuse or neglect.
(C) How often is the MOU prepared and submitted?
Each public children services agency (PCSA) is to prepare the MOU and submit it to the Ohio department of children and youth (DCY) before December thirty-first of each biennial year beginning in 2023.
(D) What is to be included in the MOU?
The PCSA may complete the DCY 01425 "Model Memorandum of Understanding" or the PCSA's MOU is to contain the following:
(1) All information pursuant to section 2151.4221 of the Revised Code.
(2) The PCSA's system for notifying the county prosecuting attorney or city director of law when any mandated reporter of child abuse or neglect fails to report suspected or known child abuse or neglect.
(3) The PCSA's system for receiving reports of child abuse and neglect twenty-four hours per day, seven days per week. If the PCSA contracts with an outside source to receive after-hours calls, a copy of the signed agreement is to be attached to the MOU which indicates that all reports with identifying and demographic information of the reporter and principals of the report will be forwarded to a designated PCSA worker within an hour of receipt. Describe how confidentiality will be ensured in accordance with sections 2151.421, 2151.423, and 5153.17 of the Revised Code. When the PCSA contracts with an outside source, the PCSA is to include in the MOU its system for informing the public of the after-hours phone number, as applicable.
(4) A system for the elimination of all unnecessary interviews of a child who is the subject of the report.
(5) A statement addressing the PCSA's policy for requesting the assistance of law enforcement.
(6) Situations when law enforcement is to respond to the PCSA immediately.
(7) Standards and procedures for handling and coordinating joint investigations of reported cases of child abuse and neglect including sharing of investigative reports and procedures specific to cases which involve:
(a) Out-of-home care child abuse or neglect.
(b) Third party investigative procedures and the assistance of law enforcement including addressing instances where law enforcement declines to assist the PCSA.
(c) A child death in which abuse or neglect is suspected as the cause of death.
(d) The death of a child who is in the custody of the PCSA in accordance with rules 5180:2-33-14 and 5180:2-42-89 of the Administrative Code.
(e) Alleged withholding of medically indicated treatment from disabled infants with life-threatening conditions in accordance with rule 5180:2-36-07 of the Administrative Code.
(f) Alleged child abuse and/or neglect constituting a crime against a child, including human trafficking, and needing a joint assessment/investigation with law enforcement. The procedures are to include a statement of assurance as to how the PCSA will ensure child safety and not compromise the child protective assessment/investigation while concurrently assisting law enforcement with the criminal investigation.
(8) A system for receiving and responding to reports involving individuals who aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court:
(a) Becoming a dependent or neglected child.
(b) Becoming an unruly or delinquent child.
(c) Leaving the custody of any person, department, or public or private institution without the legal consent of that person, department, or institution.
(9) A system for receiving and responding to reports involving missing children who are involved with the PCSA.
(10) The PCSA's system for notifying the county prosecuting attorney or city director of law when there is unauthorized dissemination of confidential PCSA information.
(11) A system for consultation among signatories as it is deemed necessary to protect children. The county's system for consultation is to include at a minimum the PCSA's protocol for consulting with law enforcement, the prosecuting attorney's office, the juvenile judge, and if applicable, the children's advocacy center established pursuant to section 2151.426 of the Revised Code, for any cases which may need their intervention or assistance.
(E) What may be included in the MOU?
The MOU may include the following:
(1) A description of how the PCSA would continue to maintain operations including, but not limited to, receiving and investigating child abuse and/or neglect reports in the event of disaster.
(2) Procedures for completing deserted child/safe haven child assessment/investigations in accordance with rule 5180:2-36-06 of the Administrative Code.
(3) A statement explaining the limited consequences for failure to follow the MOU pursuant to section 2151.4223 of the Revised Code.
(4) Any other relevant information as determined by the PCSA and the officials signing the MOU.
(F) Who is to sign the prepared MOU?
The MOU is to be signed by the officials described in section 2151.4220 of the Revised Code.
(G) How will the PCSA facilitate the signing of the MOU?
The PCSA is to ensure that each official biennially:
(1) Reviews and evaluates the MOU for necessary updates to terms and procedures.
(2) Updates the MOU's terms and procedures, if needed.
(3) Signs the reviewed MOU.
(H) Where does the PCSA submit the signed MOU?
The PCSA is to submit the signed MOU biennially to the board of county commissioners for approval in accordance with section 2151.4222 of the Revised Code.
(I) What is the process for PCSAs to submit the signed and approved MOU to DCY for compliance determination?
(1) The PCSA is to submit a copy of the MOU to DCY within thirty days from the board of county commissioners' approval and before December thirty-first each biennium.
(2) If DCY determines the MOU to be compliant pursuant to section 2151.4230 of the Revised Code, the MOU is considered effective in accordance with section 2151.4232 of the Revised Code. The PCSA is to post the MOU to the county's general website within thirty days of the compliance determination.
(3) If DCY determines the MOU is non-compliant, the PCSA is to submit a compliance assurance plan in accordance with section 2151.4231 of the Revised Code.
(J) What is the process when there is a change to an individual who signed the MOU in accordance with section 2151.4220 of the Revised Code?
The PCSA is to provide the new individual with a copy of the current MOU and obtain their signature acknowledging the MOU. The new individual is bound by the most recently approved version of the MOU for the remainder of the biennium.
(K) What does the PCSA do if any official refuses to sign the MOU?
The PCSA is to document the reason(s) for the refusal to sign the MOU.
(L) What is the process to revise a previously approved MOU?
The PCSA is to obtain all signatures as described in section 2151.4220 of the Revised Code and submit a copy of the revised MOU to DCY within ninety days of obtaining the signatures.
Last updated November 6, 2025 at 8:34 AM
Supplemental Information
Amplifies: 2151.421, 5153.16, 2151.4220, 2151.4221, 2151.4222, 2151.4223, 2151.4225, 2151.4226, 2151.4228, 2151.4229, 2151.4230, 2151.4231, 2151.4232, 2151.4233, 2151.4234
Five Year Review Date: 11/6/2030
Prior Effective Dates: 4/1/1983, 1/1/1987, 4/1/1987 (Emer.), 7/1/1987, 1/1/1988, 10/1/1991, 10/1/1995, 4/11/1996, 10/1/1997 (Emer.), 12/30/1997, 2/1/2003, 4/17/2006, 8/25/2008, 10/1/2009, 7/1/2014, 9/15/2022