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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:2-36 | Screening and Investigation

 
 
 
Rule
Rule 5101:2-36-01 | Intake and screening procedures for child abuse, neglect, dependency and family in need of services reports; and information and/or referral intakes.
 

(A) A public children services agency (PCSA) is to attempt to obtain, at a minimum, the following information from a referent/reporter making a referral regarding child safety, risk of child maltreatment or need for services to determine an intake category and arrive at a screening decision. Receipt of all the following information is not required to screen in a report or to categorize the information as information and/or referral:

(1) The name(s) and address(es) of the child and the child's parent(s), guardian(s), or custodian(s) and all household members.

(2) The child's age.

(3) The child's and any other individual's race and ethnicity.

(4) The type, extent, frequency, duration, and incident date(s) of the abuse, neglect, or dependency, as applicable.

(5) Alleged perpetrator's access to the child, if applicable.

(6) The child's current condition.

(7) The child's current location.

(8) Circumstances regarding the abuse, neglect, or dependency or the circumstances indicating a need for PCSA services.

(9) Information regarding any evidence of previous injuries, abuse, or neglect.

(10) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or the known or suspected threat of injury, abuse, or neglect or the case circumstances that support the family is in need of PCSA services.

(B) The PCSA is not to delay making the screening decision if waiting for written information from the referent/reporter.

(C) All information reported to a PCSA alleging known or suspected child abuse, neglect, or dependency, or indicating a family is in need of PCSA services is to be recorded in Ohio's comprehensive child welfare information system (CCWIS) as an intake in accordance with the following:

(1) Referral information received is to be recorded in Ohio's CCWIS no later than the next working day from the date of the receipt of the referral information.

(2) The original date and time the referral information is received by the PCSA is to be reflected in Ohio's CCWIS including the actual date and time of the screening decision.

(D) The PCSA is to categorize the information received into one of the following intake categories:

(1) Child abuse and/or neglect report.

(a) Physical abuse, in accordance with section 2151.031 of the Revised Code.

(b) Sexual abuse, in accordance with section 2151.031 of the Revised Code and Chapter 2907. of the Revised Code.

(c) Emotional maltreatment/mental injury, in accordance with section 2151.011 or 2151.031 of the Revised Code.

(d) Neglect, in accordance with section 2151.03 of the Revised Code.

(2) Dependency report. Dependent child, as defined in section 2151.04 of the Revised Code.

(3) Family in need of services report according to rule 5101:2-36-10 of the Administrative Code.

(4) Post emancipation report, young adult services, for young adults who have emancipated from any PCSA, private child placing agency (PCPA), or children services agency (CSA) on or after attaining the age of eighteen, in accordance with rule 5101:2-42-19.2 of the Administrative Code.

(5) Information and/or referral, pursuant to rule 5101:2-1-01 of the Administrative Code, if paragraph (D)(1), (D)(2), (D)(3), or (D)(4) of this rule do not apply.

(E) When a PCSA receives a referral of a substance affected infant, the PCSA is to attempt to gather all information needed for a plan of safe care/ family care plan as defined in rule 5101:2-1-01 of the Administrative Code.

(F) The PCSA will not screen out any referral of a substance affected infant if:

(1) The plan of safe care/ family care plan information listed in paragraph (E) of this rule is not obtained.

(2) The plan of safe care/ family care plan has not been developed.

(3) The plan of safe care/family care plan is not adequate to address the safety of the infant.

(G) If the family has an active protective service alert (PSA) pursuant to rule 5101:2-36-14 of the Administrative Code and the current referral contains updated contact information that may allow the ability to locate the family, the PCSA is to screen in the current referral due to the PSA. The PCSA is to assess/investigate the concerns related to the PSA in addition to any concerns needing an assessment/investigation in the current referral. The PCSA is to cancel the PSA in accordance with rule 5101:2-36-14 of the Administrative Code upon locating the family.

(H) The PCSA is to complete the screening decision and determine the immediacy of need for any agency response to ensure child safety within twenty-four hours from receipt of the information and following the categorization of the referral information in accordance with paragraphs (D)(1), (D)(2), (D)(3), and (D)(4) of this rule.

(I) If the PCSA screens out a referral of abuse or neglect that occurred or is occurring in an out-of-home care setting pursuant to rule 5101:2-1-01 of the Administrative Code, the PCSA is to notify licensing and supervising authorities by the next working day of the screening decision pursuant to section 2151.421 of the Revised Code.

(J) The PCSA may refer families with screened out referrals to prevention service providers pursuant to sections 2151.421 and 2151.423 of the Revised Code.

(K) PCSAs are to assign reports screened in and categorized pursuant to paragraph (D)(1) of this rule to one of the following pathways:

(1) Traditional response, pursuant to Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative Code.

(2) Alternative response, pursuant to rules 5101:2-36-20 and 5101:2-38-20 of the Administrative Code.

(L) The PCSA is to assign the following types of reports of child abuse and/or neglect to the traditional response pathway:

(1) Physical abuse resulting in serious injury or that creates a serious and immediate risk to a child's health and safety.

(2) Reports containing allegations of the sexual abuse of a child.

(3) Reports requiring a specialized assessment as identified in rule 5101:2-36-04 of the Administrative Code.

(4) Reports requiring a third party investigative procedure as identified in rule 5101:2-36-08 of the Administrative Code.

(5) Reports containing allegations of known or suspected child abuse or neglect resulting in a child fatality or near fatality.

(M) All referral information categorized as information and/or referral pursuant to paragraph (D)(5) of this rule is to be screened out. The PCSA is to identify which of the following activities was completed by the PCSA.

(1) Directed/advised to contact non-PCSA service provider within the county.

(2) Directed/advised to contact non-PCSA service provider outside the county.

(3) Provided information only/no referral made.

(4) Additional information received on an open case that is not alleging abuse or neglect of a child.

(N) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(O) The PCSA is to make a cross-referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.

(P) The PCSA may refer the referent/reporter to the county prosecutor pursuant to the county child abuse and neglect memorandum of understanding developed pursuant to sections 2151.4220 to 2151.4234 of the Revised Code.

(Q) Additional child abuse and/or neglect allegations screened in within the first four working days of the acceptance of a child abuse and/or neglect report and prior to the completion of an assessment of safety with the child and the parent/caretaker, may be added to the initial report and assessed/investigated concurrently with the allegations received initially. The date and time the subsequent report was received along with the reporter information is to be recorded in Ohio's CCWIS.

(R) Additional child abuse and/or neglect allegations screened in after the first four working days of the acceptance of the previous child abuse and/or neglect report or after completion of the assessment of safety are to be recorded as a subsequent child abuse and/or neglect report and are subject to the requirements contained in rules 5101:2-36-03, 5101:2-36-04, 5101:2-36-05, and 5101:2-36-20 of the Administrative Code.

Last updated September 3, 2024 at 9:05 AM

Supplemental Information

Authorized By: 2151.421, 5153.166
Amplifies: 2151.421, 2151.3518, 5153.16
Five Year Review Date: 9/1/2029
Prior Effective Dates: 1/1/1987, 1/1/1988, 6/1/1997, 10/1/1997 (Emer.), 7/1/2011
Rule 5101:2-36-02 | PCSA requirements for determining lead agency for screening and assessments/investigations.
 

(A) The lead public children services agency (PCSA) or children services agency (CSA) is to be determined according to the following preferential order:

(1) The PCSA or CSA located in the county in which the alleged child victim/child subject of the report has a residence or legal settlement. A child has the same residence or legal settlement as their parent, legal guardian, or custodian who stands in loco parentis pursuant to section 2151.06 of the Revised Code.

(2) The PCSA or CSA located in the county in which the alleged child abuse, neglect, and/or dependency occurred.

(3) The PCSA or CSA located within the county in which a juvenile court has jurisdiction over an active participant of the case.

(4) The PCSA receiving the referral if the PCSA is unable to determine the lead PCSA or CSA within twenty-four hours from receipt of the information.

(B) If the PCSA determines that another PCSA or CSA should be the lead PCSA or CSA before making the screening decision, the PCSA is to make a referral to the other PCSA or CSA upon making that determination.

(C) If the assigned PCSA determines after the screening decision but before a case is filed in court that another PCSA or CSA is the lead PCSA or CSA, the assigned PCSA is to ensure safety of the alleged child victim(s)/child subject(s) of the report and notify the other PCSA or CSA of the screened in report and the assessment/investigation activities completed pursuant to paragraph (D) of this rule within one working day of determining the other PCSA or CSA is the lead PCSA or CSA. The PCSA is to confirm with the other PCSA acceptance or denial of the case within one working day.

(D) If requested by the lead PCSA either verbally or in writing, the non-lead PCSA located in a non-contiguous county is to conduct interviews with any principals of the report and collateral sources presently located within its county to provide the lead PCSA with the information necessary to complete all needed assessment/investigation activities pursuant to Chapters 5101:2-33, 5101:2-36, and 5101:2-37 of the Administrative Code.

Last updated September 3, 2024 at 9:05 AM

Supplemental Information

Authorized By: 2151.421, 5153.166
Amplifies: 2151.421, 2151.412, 5153.16
Five Year Review Date: 9/1/2029
Prior Effective Dates: 1/1/1990, 4/1/2001, 2/1/2003, 6/7/2018
Rule 5101:2-36-03 | PCSA requirements for intra-familial child abuse and/or neglect assessment/investigations.
 

(A) A public children services agency (PCSA) is to conduct an intra-familial child abuse and/or neglect assessment/investigation in response to a child abuse and/or neglect report if one or more of the following applies:

(1) The alleged perpetrator is a member of the alleged child victim's family.

(2) The alleged perpetrator is known to the family or child and has had access to the alleged child victim, whether or not the access was known or authorized by the child's parent, guardian or custodian.

(3) The alleged perpetrator is involved in daily or regular care for the alleged child victim, excluding a person responsible for the care of a child in an out-of-home care setting.

(B) An intra-familial assessment/investigation is to involve a third party if a principal named in the report poses a conflict of interest for the PCSA pursuant to rule 5101:2-36-08 of the Administrative Code.

(C) The PCSA is to make a cross-referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.

(D) The PCSA may request the assistance of law enforcement during an assessment/investigation if one or more of the following situations exist and the reason for contacting law enforcement is documented in Ohio's comprehensive child welfare information system (CCWIS):

(1) The agency has reason to believe that the child is in immediate danger of serious harm.

(2) The agency has reason to believe that the worker is, or will be, in danger of harm.

(3) The agency has reason to believe that a crime is being committed, or has been committed against a child.

(4) The assistance of law enforcement needs to be invoked in accordance with the county child abuse and neglect memorandum of understanding.

(E) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(F) The PCSA is to initiate the screened in child abuse and/or neglect report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the alleged child victim within one hour from the time the referral was screened in, to assess child safety and interview the alleged child victim.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened in, to assess child safety:

(a) Attempt a face-to-face contact with the alleged child victim.

(b) Complete telephone contact with a parent, guardian, custodian, or collateral source who has knowledge of the alleged child victim's current condition, and can provide current information about the child's safety.

(G) If the alleged child victim is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (H) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the alleged child victim's safety.

(H) The PCSA is to, at minimum, complete face-to-face contacts and interview each alleged child victim and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:

(1) The PCSA is to attempt face-to-face contact with the alleged child victim and a parent, guardian, custodian, or caretaker within the first four working days from the date the referral was screened in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (H)(1) of this rule is unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date the referral was screened in.

(3) If the attempted face-to-face contacts described in paragraphs (H)(1) and (H)(2) of this rule are unsuccessful, the PCSA is to, at a minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

(b) The parent, guardian, or custodian refuses contact and the PCSA files a complaint in juvenile court, or

(c) The PCSA needs to make a report disposition pursuant to paragraph (V)(2) of this rule.

(I) The PCSA will not interview the alleged child victim or another child who resides in the home without a parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse or neglect in their home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(J) The specific facts necessitating that investigative interviews of a child be conducted without a parent, guardian, or custodian's consent are to be documented in Ohio's CCWIS.

(K) If a child is interviewed without a parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face contact or complete a telephone contact with the child's parent, guardian, or custodian to inform them that an interview of the child occurred and provide the specific facts that necessitated the child be interviewed without a parent, guardian, or custodian's consent.

(L) If the attempt to contact the child's parent, guardian, or custodian pursuant to paragraph (K) of this rule is unsuccessful, the PCSA is to continue to attempt to complete face-to-face contact with the child's parent, guardian or custodian once every five working days until contact is made with the child's parent, guardian, or custodian, or until the PCSA needs to make a report disposition pursuant to paragraph (V)(2) of this rule.

(M) The PCSA need not interview a child if it is documented in Ohio's CCWIS that the child does not have sufficient verbal skills or additional interviewing would be detrimental to the child.

(N) The PCSA is to advise the parent, guardian, or custodian of the information contained in the report at the time of the initial contact. The initial contact between the PCSA and the parent, guardian, or custodian includes face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment process.

(O) The PCSA is to advise the alleged perpetrator of the allegations made against them at the time of the initial contact with the person. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment/investigation process.

(P) The PCSA is to conduct and document face-to-face interviews with the alleged perpetrator, unless law enforcement or the county prosecutor will interview the alleged perpetrator pursuant to the procedures delineated in the county child abuse and neglect memorandum of understanding.

(Q) The PCSA is to conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the assessment/investigation to obtain relevant information regarding the safety of and risk to the child. The PCSA is to exercise discretion in the selection of collateral sources to protect the privacy of the principals of the report.

(R) The PCSA is to take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of areas of physical injury on the child's body.

(2) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(3) Attempting to secure a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(4) Attempting to secure any relevant records, including but not limited to school, mental health, and medical records.

(S) For all reports involving a substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code the PCSA is to:

(1) Ensure the plan of safe care/family care plan has been developed.

(2) Ensure the plan of safe care/family care plan addresses the safety needs of the infant.

(3) Ensure the plan of safe care/family care plan addresses the health and substance use disorder treatment needs of the affected family or caregiver.

(T) At any time the PCSA determines a child to be in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(U) If the PCSA determines supportive services are necessary, the supportive services are to be made available to the child and/or the child's parent, guardian, or custodian pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(V) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to:

(1) At minimum, complete face-to-face contact and interview the family of the alleged child victim/child subject of report residing in the home. Family includes all individuals identified in rule 5101:2-37-03 of the Administrative Code.

(2) Complete the report disposition.

(3) Arrive at a final case decision by completing either:

(a) The "Family Assessment" pursuant to rule 5101:2-37-03 of the Administrative Code; or

(b) The "Ongoing Case Assessment/Investigation" if the child abuse and/or neglect report involves a principal of the report who is currently receiving ongoing protective services from the PCSA.

(W) The PCSA will not waive the completion of the report disposition.

(X) The PCSA is to request assistance from the county prosecutor, the PCSA's legal counsel, and/or the court if refused access to the alleged child victim or any records necessary to conduct the assessment/investigation.

(Y) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a principal of the report has any factor that causes a barrier in communication, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(Z) No later than five business days after completion of the assessment/investigation, the PCSA will do the following as applicable:

(1) Notify the alleged child victim, unless the child is not of an age or developmental capacity to understand; and the child's parent(s), guardian(s), or custodian(s) of the report disposition and final case decision.

(2) Notify the alleged perpetrator in writing of the report disposition; the right to appeal; the PCSA's appeal process including timeframes; and the method by which the alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20 of the Administrative Code.

(3) Refer all children under the age of three to "Help Me Grow" for early intervention services if there is a substantiated report of child abuse or neglect regardless of the child's role in the report.

(4) Refer any substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code to "Help Me Grow."

(5) Notify all participants involved in the plan of safe care/family care plan identified on the current release of information signed by the infant's parent, guardian, or custodian of the final case decision. The final decision includes whether the case will be transferred for ongoing PCSA services, closed and referral made to community services, or closed. The following plan of safe care/family care plan participants are to be notified:

(a) Parents, guardians, custodians or other caregivers for the infant.

(b) Health care providers involved in the delivery or care of the infant.

(c) Collaborating professional partners and agencies involved in caring for the infant and family.

(6) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, the report disposition, and the case decision.

(7) Document in Ohio's CCWIS, the date and method of notification to the principals of the report of the above listed activities.

(AA) No later than seven calendar days from the date of the completion of the report disposition, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(BB) The PCSA is to follow procedures set forth in rule 5101:2-36-07 of the Administrative Code if the report involves alleged withholding of medically indicated treatment from a disabled infant with life-threatening conditions.

(CC) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation are to be maintained in the case record. If any information gathering activity cannot be completed, justification and the approval of the director or the designee are to be documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the Administrative Code.

Last updated September 3, 2024 at 9:05 AM

Supplemental Information

Authorized By: 5153.166, 2151.421
Amplifies: 5153.16, 2151.421
Five Year Review Date: 9/1/2029
Prior Effective Dates: 2/1/1982, 12/1/2001, 10/1/2009, 3/1/2012, 3/1/2014, 6/17/2018
Rule 5101:2-36-04 | PCSA requirements for conducting a specialized assessment/investigation.
 

(A) The public children services agency (PCSA) is to conduct a specialized assessment/investigation if the child abuse and/or neglect report involves an alleged perpetrator who meets one or more of the following criteria:

(1) Is a person responsible for the alleged child victim's care in an out-of-home care setting as defined in rule 5101:2-1-01 of the Administrative Code.

(2) Is a person responsible for the alleged child victim's care in out-of-home care as defined in section 2151.011 of the Revised Code.

(3) Has access to the alleged child victim by virtue of their employment by or affiliation to an organization as defined in section 2151.011 of the Revised Code.

(4) Has access to the alleged child victim through placement in an out of home care setting.

(B) A specialized assessment/investigation is to have a third party if a principal named in the report poses a conflict of interest for the PCSA pursuant to rule 5101:2-36-08 of the Administrative Code.

(C) The PCSA is to cross-refer the abuse and/or neglect report to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.

(D) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(E) If a specialized assessment/investigation of an abuse and/or neglect report involves multiple alleged child victims from multiple cases, the PCSA is to complete a separate assessment/investigation for each case. The "Specialized Assessment and Investigation" is to be completed for each case.

(F) The PCSA is to initiate the screened in child abuse and/or neglect report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the alleged child victim within one hour from the time the referral was screened in, to assess child safety and interview the alleged child victim.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened in, to assess child safety:

(a) Attempt a face-to-face contact with the alleged child victim.

(b) Complete telephone contact with a parent, guardian, custodian, or collateral source who has knowledge of the alleged child victim's current condition, and can provide current information about the child's safety.

(G) If the alleged child victim is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (H) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the alleged child victim's current condition and can provide current information about the alleged child victim's safety.

(H) The PCSA is to, at minimum, complete face-to-face contacts and interview each alleged child victim and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:

(1) The PCSA is to attempt face-to-face contact with the alleged child victim and a parent, guardian, custodian, or other caretaker within the first four working days from the date the referral was screened-in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (H)(1) of this rule was unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date the referral was screened-in.

(3) If the attempted face-to-face contacts described in paragraphs (H)(1) and (H)(2) of this rule are unsuccessful, the PCSA is to, at minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

(b) The parent, guardian, or custodian refuses contact and the PCSA files a complaint in juvenile court, or

(c) The PCSA needs to make a report disposition pursuant to paragraph (X)(1) of this rule.

(I) If a child abuse and/or neglect report involves an alleged child victim, or another child who resides with the alleged child victim, who is not in the custody of a PCSA or PCPA, the PCSA will not interview the child without the child's parent, guardian, or custodian's consent unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse or neglect in their home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(J) The specific facts necessitating that assessment/investigative interviews of a child be conducted without the child's parent, guardian, or custodian's consent are to be documented in Ohio's comprehensive child welfare information system (CCWIS).

(K) If a child who is not in the custody of a PCSA or PCPA is interviewed without a parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face or complete a telephone contact with the child's parent, guardian, or custodian to inform them that an interview of their child occurred and provide the specific facts that necessitated the child be interviewed without a parent, guardian, or custodian's consent.

(1) If the attempt to contact the child's parent, guardian, or custodian pursuant to this paragraph is unsuccessful, the PCSA is to continue to attempt to contact the child's parent, guardian or custodian once every five working days until contact is made with the child's parent, guardian, or custodian, or until the PCSA makes a report disposition pursuant to paragraph (X)(1) of this rule.

(2) The PCSA is to document in Ohio's CCWIS the date and time of the contact, or attempted contacts.

(L) No later than the next working day from the date the referral was screened in, the PCSA is to notify the out-of-home care setting licensing and supervising authorities pursuant to section 2151.421 of the Revised Code.

(M) The PCSA is to advise the parent, guardian, or custodian of the information contained in the report at the time of the initial contact. The initial contact between the PCSA and the parent, guardian, or custodian includes face-to-face or telephone contact whichever occurs first, if information is gathered as part of the assessment process.

(N) The PCSA is to conduct and document all face-to-face interviews with the alleged perpetrator, unless law enforcement or the county prosecutor will interview the alleged perpetrator pursuant to the procedures delineated in the county child abuse and neglect memorandum of understanding, in order to assess their knowledge of the allegation.

(O) The PCSA is to advise the alleged perpetrator of the allegations made against them at the time of the initial contact with the person. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment/investigation process.

(P) The PCSA is to conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the assessment/investigation to obtain relevant information regarding the safety of and risk to the child. The PCSA is to exercise discretion in the selection of collateral sources to protect the privacy of the principals of the report.

(Q) The PCSA is to take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of areas of physical injury on the child's body.

(2) Taking photographs of the child's environment with the consent of the out-of-home setting administrator.

(3) Attempting to secure a medical examination or psychological evaluation, or both, of the child with the consent of the child's parent, guardian, or custodian or with a court order.

(4) Attempting to secure any relevant records, including but not limited to school, mental health, and medical records, and incident reports in an out-of-home care setting.

(R) The PCSA need not interview a child if it is documented in Ohio's CCWIS that the child does not have sufficient verbal skills, or additional interviewing would be detrimental to the child.

(S) At any time the PCSA determines a child is in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101:2-37-02 or 5101:2-39-03 of the Administrative Code.

(T) If the PCSA determines supportive services are necessary, the supportive services are to be made available to the child and/or the child's parent, guardian, or custodian pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(U) The PCSA is to request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the alleged child victim or any records necessary to conduct the specialized assessment/investigation.

(V) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a principal of the report has any factor that causes a barrier in communication, including but not limited to a principal of the report who is deaf or hearing impaired, has limited English proficiency or is developmentally delayed.

(W) For all reports involving a substance affected infant pursuant to rule 5101:2-1-01 of the Administrative Code, the PCSA is to:

(1) Ensure the plan of safe care/family care plan has been developed.

(2) Ensure the plan of safe care/family care plan addresses the safety needs of the infant.

(3) Ensure the plan of safe care/family care plan addresses the health and substance use disorder treatment needs of the affected family or caregiver.

(X) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to:

(1) Complete the report disposition.

(2) Arrive at a final case decision by completing the "Specialized Assessment and Investigation."

(Y) Investigative activities conducted independently by other agencies do not relieve the PCSA of its responsibility for concluding an assessment/investigation in accordance with this rule. The PCSA will not waive the completion of the report disposition.

(Z) No later than three days from the date of the completion of the report disposition, the PCSA is to notify the out-of-home care entity's representative pursuant to section 2151.421 of the Revised Code and the out-of-home care entity's licensing authority.

(AA) No later than five business days after completion of the specialized assessment/investigation, the PCSA is to do all of the following as applicable:

(1) Notify the alleged child victim, unless the child is not of an age or developmental capacity to understand, and the child's parent(s), guardian(s), or custodian(s) of the report disposition and the final case decision.

(2) Notify the alleged perpetrator in writing of the report disposition; the right to appeal; the PCSA's appeal process including timeframes; and the method by which the alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20 of the Administrative Code.

(3) Refer all children under the age of three to "Help Me Grow" for early intervention services if there is a substantiated report of child abuse or neglect regardless of the child's role in the report.

(4) Refer any substance affected infant pursuant to rule 5101:2-1-01 of the Administrative Code to "Help Me Grow."

(5) Notify all participants involved in the plan of safe care/family care plan and identified on the current release of information signed by the infant's parent, guardian, or custodian of the final case decision. The final decision includes whether the case will be transferred for ongoing PCSA services, closed and referral made to community services, or closed. The following plan of safe care/family care plan participants are to be notified:

(a) Parents, guardians, custodians or other caregivers for the infant.

(b) Health care providers involved in the delivery or care of the infant.

(c) Collaborating professional partners and agencies involved in caring for the infant and family.

(6) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, the report disposition, and the case decision.

(7) Document in Ohio's CCWIS, the date and method of notification to the principals of the report of the above listed activities.

(BB) No later than seven calendar days after the completion of the specialized assessment/investigation the PCSA is to provide written notice to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(CC) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation are to be maintained in the case record. If any needed information gathering activity cannot be completed, justification and the approval of the director or the designee are to be documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the Administrative Code.

Last updated September 30, 2024 at 10:27 AM

Supplemental Information

Authorized By: 2151.421, 5153.166
Amplifies: 2151.421, 5153.16
Five Year Review Date: 9/1/2029
Prior Effective Dates: 10/1/1995, 6/1/1996, 6/1/1997, 4/1/2001, 3/1/2012
Rule 5101:2-36-05 | PCSA requirements for conducting stranger danger investigations.
 

(A) A public children services agency (PCSA) is to conduct a stranger danger investigation in response to a child abuse report alleging a criminal act against a child of assault or sexual activity as defined under Chapter 2907 of the Revised Code, if the alleged perpetrator was unknown to the alleged child victim and the alleged child victim's family prior to the incident(s).

(B) The PCSA is to refer the report to the appropriate law enforcement authority pursuant to rule 5101:2-36-12 of the Administrative Code within twenty-four hours of the time the report was screened in, unless the report was received from the law enforcement agency with jurisdiction.

(C) The PCSA is to initiate the stranger danger report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the alleged child victim within one hour from the time the referral was screened in, to assess child safety and interview the alleged child victim.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened-in to assess child safety:

(a) Attempt a face-to-face contact with the alleged child victim.

(b) Complete telephone contact with a parent, guardian, custodian, or collateral source who has knowledge of the alleged child victim's current condition, and can provide current information about the child's safety.

(D) If the alleged child victim is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (E) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the alleged child victim's safety.

(E) The PCSA is to, at minimum, complete face to face contacts and interview each alleged child victim and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:

(1) The PCSA is to attempt face-to-face contact with the alleged child victim and a parent, guardian, custodian, or caretaker within the first four working days from the date the referral was screened in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this rule is unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date the referral was screened in.

(3) If the attempted face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule are unsuccessful, the PCSA is to, at minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

(b) The parent, guardian, or custodian refuses contact and the PCSA files a complaint in juvenile court, or

(c) The PCSA needs to make a report disposition pursuant to paragraph (Q) of this rule.

(F) The PCSA will not interview the alleged child victim or another child who resides in the home without a parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse in their home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(G) The specific facts necessitating that investigative interviews of a child be conducted without a parent, guardian, or custodian's consent are to be documented in Ohio's CCWIS.

(H) If a child is interviewed without a parent, guardian, or custodian's consent, then during the same day, the PCSA is to attempt a face-to-face contact or complete telephone contact with the child's parent, guardian, or custodian to inform them that an interview of their child occurred and provide the specific facts that necessitated the child be interviewed without a parent, guardian, or custodian's consent. If unsuccessful, an attempt to complete face-to-face contact is to occur once every five working days until contact is made with the child's parent, guardian, or custodian or until the PCSA needs to make a report disposition pursuant to paragraph (Q) of this rule.

(I) The PCSA is to conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the investigation to obtain relevant information regarding the safety of and risk to the child. The PCSA is to exercise discretion in the selection of collateral sources to protect the privacy of the principals of the report.

(J) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a principal of the report has any factor that causes a barrier in communication including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(K) The PCSA is to take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of areas of physical injury on the child's body.

(2) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(3) Attempting to secure a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(4) Attempting to secure any relevant records, including but not limited to school, mental health, and medical records.

(L) If the PCSA determines a child to be in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(M) If the PCSA determines supportive services are necessary, supportive services are to be made available to the child, and/or their parent, guardian, or custodian pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code:

(N) The PCSA is to advise the alleged perpetrator of the allegations made against them at the time of the initial contact with the person. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the investigation process.

(O) Prior to completion of the report disposition, the PCSA is to contact law enforcement and document information regarding the status of the criminal investigation in Ohio's CCWIS. The PCSA is to notify the prosecuting attorney if there is reason to believe the alleged perpetrator has not been investigated by law enforcement.

(P) The PCSA is to request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the alleged child victim or any records necessary to conduct the investigation.

(Q) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to complete the report disposition.

(R) The PCSA will not waive the completion of the report disposition.

(S) A "Family Assessment" is to be completed pursuant to rule 5101:2-37-03 of the Administrative Code at any time the PCSA determines that the family of the alleged child victim is unable or unwilling to protect the child.

(T) No later than five business days after completion of the assessment/investigation, the PCSA is to:

(1) Notify the alleged child victim, unless the child is not of an age or developmental capacity to understand; and the child's parent(s), guardian(s), or custodian(s) of the report disposition and if applicable, the final case decision.

(2) Notify the alleged perpetrator, if known, in writing of the report disposition; the right to appeal, and the PCSA's appeal process including time frames and the method by which the alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20 of the Administrative Code.

(3) Refer all children under the age of three to "Help Me Grow" for early intervention services if there is a substantiated case of child abuse or neglect regardless of the child's role in the report.

(4) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, the report disposition, and case decision.

(5) Document in Ohio's CCWIS, the date and method of notification to the principals of the report of the above listed activities.

(U) The investigation documentation and any materials obtained as a result of the investigation are to be maintained in the case record. If any information gathering activity cannot be completed, justification and the approval of the director or the designee are to be documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the Administrative Code.

Last updated September 3, 2024 at 9:06 AM

Supplemental Information

Authorized By: 5153.166, 2151.421
Amplifies: 2151.421, 5153.16
Five Year Review Date: 9/1/2029
Prior Effective Dates: 6/1/1997, 6/17/2018
Rule 5101:2-36-06 | PCSA requirements for a deserted child assessment/investigation.
 

(A) A public children services agency (PCSA) is to conduct a deserted child/safe haven assessment/investigation if all of the following apply to the child subject of the report:

(1) The child is fewer than thirty-one days old.

(2) The child was voluntarily left by the child's parent in the care of an emergency medical service worker, peace officer, peace officer support employee, or hospital employee.

(3) The child was left and the child's parent(s) did not express an intention to return for the child.

(B) The PCSA is to initiate the screened in deserted child/safe haven report by:

(1) Attempting face-to-face contact with the child subject of the report within twenty-four hours from the time the referral was screened in; or

(2) Obtaining information regarding the child subject of the report's current condition and safety via face-to-face, virtual, or telephone contact with the hospital staff member providing care for the infant.

(C) The PCSA is to contact the individual who originally took possession of the child and obtain:

(1) The date and time the child subject of the report was left with the individual.

(2) All information regarding the child left by the parent(s).

(3) The JFS 01672 "Voluntary Medical History For Safe Havens" form, if completed by the child's parent(s).

(4) All clothing and articles left with the child.

(D) The PCSA is to accept emergency temporary custody of the child subject of the report.

(E) If the child subject of the report is not left at a hospital, the PCSA is to transport, or arrange for transportation of the child to the nearest appropriate hospital emergency department within twenty-four hours.

(F) The PCSA is to obtain the medical examination report from the physician.

(G) The PCSA is to screen in a report of child abuse and/or neglect if any of the following occur during the assessment/investigation of a deserted child/safe haven child:

(1) The child's condition reasonably indicates abuse and/or neglect, including the following:

(a) An infant identified as a substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code.

(b) An infant diagnosed with a fetal alcohol spectrum disorder.

(2) The PCSA determines that someone other than the parent delivered the child subject of the report to the care of an emergency medical service worker, peace officer, peace officer support employee, or hospital employee.

(3) The child subject of the report is determined to be more than thirty days old at the time the child was delivered to the care of an emergency medical service worker, peace officer, peace officer support employee, or hospital employee.

(H) The PCSA is to place the child subject of the report in substitute care pursuant to rule 5101:2-42-04 of the Administrative Code and provide a copy of the medical examination report to the caregiver.

(I) The PCSA is to contact the following agencies and determine if a child matching the description of the child subject of the report has been reported missing:

(1) Local law enforcement.

(2) Ohio's missing children's information clearinghouse (https://www.ohioattorneygeneral.gov/missingkids).

(3) National center for missing and exploited children (https://www.missingkids.org).

(J) The PCSA is to complete activities to obtain a birth certificate and a social security card for the child subject of the report.

(K) The PCSA is to complete the deserted child/safe haven assessment/investigation no later than sixty days from the date the referral was screened in.

(L) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation are to be maintained in the case record.

Last updated September 3, 2024 at 9:06 AM

Supplemental Information

Authorized By: 2151.421, 5153.16, 5153.166
Amplifies: 5153.16, 2151.3519, 2151.421
Five Year Review Date: 9/1/2029
Prior Effective Dates: 12/1/2001
Rule 5101:2-36-07 | PCSA requirement for conducting an assessment/investigation of the alleged withholding of medically indicated treatment from a disabled infant with life-threatening conditions.
 

(A) The public children services agency (PCSA) is to conduct an assessment/investigation if a neglect report alleges the withholding of medically indicated treatment from a disabled infant with a life-threatening condition.

(1) The withholding of medically indicated treatment is the refusal to provide appropriate nutrition, hydration, medication or other medically indicated treatment from a disabled infant with a life-threatening condition.

(2) Medically indicated treatment includes the medical care most likely to relieve, or correct, the life-threatening condition. Nutrition, hydration, and medication, as appropriate for the infant's needs, are medically indicated for all disabled infants; as well as, the completion of appropriate evaluations or consultations necessary to assure that sufficient information has been gathered to make informed medical decisions on behalf of the disabled infant.

(3) In determining whether treatment is medically indicated, reasonable medical judgments made by a prudent physician, or treatment team, knowledgeable about the case and its treatment possibilities are considered. The opinions about the infant's future "quality of life" are not to bear on whether or not a treatment is judged to be medically indicated. Medically indicated treatment does not include the failure to provide treatment to a disabled infant if the treating physician's medical judgment identifies any of the following:

(a) The disabled infant is chronically and irreversibly comatose.

(b) The provision of the treatment is futile and will prolong dying.

(c) The provision of the treatment would not be effective in ameliorating or correcting all of the disabled infant's life threatening conditions.

(d) The provision of such treatment to the disabled infant is inhumane.

(B) The PCSA is to initiate the screened in medical neglect report by completing face to face or telephone contact with the health care facility's administrator or designee, within one hour from the time the referral was screened in and obtain the following information from the health care facility's administrator, or designee, regarding the current condition of the disabled infant, including but not limited to:

(1) The physical location of the disabled infant within the hospital, e.g., emergency room, neonatal intensive care unit, labor and delivery, sixth floor, etc.

(2) The disabled infant's age.

(3) The disabled infant's diagnoses or diagnosis and the prognosis.

(4) The medical condition requiring treatment.

(5) The immediate actions necessary to keep the disabled infant alive.

(6) Whether or not the withholding of life-sustaining treatment has been recommended.

(7) Whether or not the withholding of life-sustaining treatment has been implemented.

(8) Whether or not the parent, guardian, or custodian has refused to consent to life-sustaining treatment.

(9) Whether or not the hospital chose to sustain life-suporting care for the immediate future, preceding four days from the date and time the PCSA initiated the report, while assessment/investigation is underway.

(10) Whether or not sustenance (food or water, whether given orally or through an intravenous or nasogastric tube) or medication is being denied.

(C) The PCSA is to document in the case record the date, time, and with whom the assessment/investigation was initiated.

(D) The PCSA is to involve a qualified medical consultant within twenty-four hours from the time the referral was screened in to assist in the evaluation of the disabled infant's medical information, including medical records, obtained during the preliminary medical assessment.

(E) The PCSA is to attempt a face-to-face contact in order to conduct an interview with the alleged disabled infant's parent, guardian, or custodian no later than twenty-four hours from the time the referral was screened in. The purpose of the interview is to:

(1) Inform the parent, guardian, or custodian that a neglect report alleging the withholding of medically indicated treatment to a disabled infant has been accepted by the PCSA.

(2) Inform the parent guardian, or custodian of the purpose of the assessment/investigation.

(3) Seek parental consent for medically indicated treatment, if applicable.

(4) Confirm parent, guardian, or custodian's name and identifying information.

(5) Determine if parent, guardian, or custodian agrees on the course of action to be followed.

(6) Determine if the parent, guardian, or custodian was presented with all treatment options by the medical treatment team.

(7) Determine if the prognosis of the disabled infant was presented to the parent, guardian, or custodian.

(8) Assess if the parent, guardian, or custodian understands the information provided by the medical treatment team.

(9) Determine the nature and degree of parental involvement in the decision to deny treatment or sustenance to the alleged child victim, if applicable.

(10) Assess if appropriate counseling services have been made available to the parent, guardian, or custodian.

(11) Refer the parent, guardian, or custodian to appropriate counseling services, if applicable.

(12) Determine if the parent, guardian, or custodian was provided information to facilitate access to available services for disabled persons and family members.

(13) Assist the parent, guardian, or custodian in accessing needed services, if applicable.

(14) Determine if the parent, guardian, or custodian participated in the hospital review process.

(15) Determine if the parent, guardian, or custodian was provided with or has access to the results of the hospital review process.

(F) If the attempted face-to-face contact with the disabled infant's parent, guardian, or custodian as specified in paragraph (E) of this rule is unsuccessful, the PCSA shall is to at minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(1) Contacts are made;

(2) The parent, guardian, or custodian refuses contact and the PCSA files a complaint in juvenile court; or

(3) The PCSA needs to make a report a dispostion pursuant to paragraph (O)(2) of this rule.

(G) The PCSA is to complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code within four working days from the date the report was screened in.

(H) If the PCSA determines the child to be in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101: 2-37-02 of the Administrative Code.

(I) The PCSA is to pursue any legal remedies, including the initiation of legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child if such care or treatment is necessary to prevent or remedy serious harm to the child or to prevent the withholding of medically indicated treatment from a disabled infant with a life-threatening condition.

(J) The PCSA is to, in cooperation with the medical consultant, conduct and document interviews with the attending physician and health care facility staff. The purpose of the interviews is to:

(1) Determine the measures that the health care facility staff attending to the disabled infant have taken to provide medically indicated treatment to the disabled infant.

(2) Determine whether or not the disabled infant's attending physician, with the consent of the disabled infant's parent, guardian or custodian will sustain needed life-supporting care for twenty-four hours while the PCSA continues the assessment/investigation.

(3) Determine if any of the following conditions of and risk to the disabled infant were concluded by the attending physician's and/or staff's assessment:

(a) The disabled infant is chronically and irreversibly comatose.

(b) The provision of medical treatment will merely prolong dying, not be effective in ameliorating or correcting all of the disabled infant's life-threatening conditions, or otherwise be futile in terms of the survival of the disabled infant.

(c) The provision of medical treatment will be virtually futile in terms of the survival of the disabled infant and the treatment itself under such circumstances will be inhumane.

(4) Verify if plans have been made to convene a meeting of the health care facility review committee or to adopt the recommendations of the appropriate health care facility review committee, and the meeting has been held.

(5) Confirm the disabled infant's age.

(6) Confirm the disabled infant's diagnoses or diagnosis.

(7) Determine if the disabled infant's life is endangered.

(8) Determine if the withholding of life-sustaining treatment is recommended.

(9) Determine if the withholding of life-sustaining treatment is implemented.

(a) Identify the treatment necessary for the disabled infant's life or health being denied.

(b) Determine if sustenance (food or water, whether given orally or through an intravenous or nasogastric tube) or medication is being denied.

(10) Determine if the parent, guardian, or custodian refused to consent to life-sustaining treatment.

(11) Determine if the hospital will sustain life-supporting care for the immediate future while the PCSA's assessment/investigation is conducted, if applicable.

(12) Identify the treatment or sustenance being provided to the disabled infant, if applicable.

(13) Determine if there is consensus regarding the medical diagnoses among the treatment team.

(14) Document and identify if there were/have been any differing opinions among the treatment team.

(15) Document the names of all medical consultants involved including their qualifications/credentials.

(16) Determine which members of the treatment team discussed the case with the parent, guardian, or custodian.

(17) Determine if a hospital review process occurred.

(a) If applicable, document the review process.

(b) If applicable, document the recommendations.

(K) The PCSA is to conduct and document all face-to-face interviews with the alleged perpetrator, unless law enforcement or the county prosecutor or medical consultant will interview the alleged perpetrator pursuant to the procedures delineated in the county child abuse and neglect memorandum of understanding, in order to assess their knowledge of the allegation.

(L) The PCSA is to advise the alleged perpetrator of the allegations made against them at the time of the initial contact. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment/investigation process.

(M) The PCSA is to conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the assessment/investigation to obtain relevant information regarding the safety of and risk to the child. The PCSA is to exercise discretion in the selection of collateral sources to protect the privacy of the principals of the report.

(N) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a principal of the report has any factor that causes a barrier in communication.

(O) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to:

(1) At minimum, complete face-to-face contact and interview the family of the alleged disabled infant residing in the home. Family includes all individuals pursuant to rule 5101:2-37-03 of the Administrative Code.

(2) Complete the report disposition.

(3) Arrive at a final case decision by completing either:

(a) The "Family Assessment" pursuant to rule 5101:2-37-03 of the Administrative Code; or

(b) The "Ongoing Case Assessment/Investigation" if the neglect report involves a principal of the report who is currently receiving ongoing protective services from the PCSA.

(P) The PCSA may not waive the completion of the report disposition.

(Q) No later than five business days of completion of the report disposition, the PCSA is to do all of the following:

(1) Notify the alleged perpetrator in writing of the report disposition; the right to appeal the disposition; and the PCSA's appeal process including time frames and the method by which the alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20 of the Administrative Code.

(2) Notify the disabled infant's parent(s), guardian(s), or custodian(s) of the report disposition and final case decision.

(R) No later than three working days from the date of the completion of the report disposition, the PCSA is to provide written notification of the report disposition to the following entities, as applicable, in accordance with rules 5101:2-33-21 and 5101:2-36-12 of the Administrative Code.

(1) Administrator, director, or other chief administrator of the health care facility.

(2) The owner or governing board of the health care facility.

(3) The appropriate licensing and supervising authorities of the health care facility.

(S) The PCSA is to notify law enforcement if it is determined that the attending physician failed to provide medically indicated treatment or failed to inform the disabled infant's parent, guardian, or custodian of the available treatment options.

(T) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation are to be maintained in the case record. If any information gathering activity cannot be completed, justification and the approval of the director or the designee are to be documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the Administrative Code.

Last updated September 3, 2024 at 9:06 AM

Supplemental Information

Authorized By: 2151.421
Amplifies: 2151.421
Five Year Review Date: 9/1/2029
Prior Effective Dates: 6/19/1986 (Emer.)
Rule 5101:2-36-08 | PCSA requirements for involving a third party in the assessment/investigation of a child abuse or neglect report.
 

(A) The public children services agency (PCSA) is to involve a third party in the assessment/investigation for reports of child abuse or neglect where there is a potential conflict of interest because one or more of the following is a principal of the report:

(1) Any employee of an organization or facility that is licensed or certified by the Ohio department of children and youth (DCY) or another state agency and supervised by the PCSA.

(2) A foster caregiver, pre-finalized adoptive parent, adoptive parent, relative, or kinship caregiver who is recommended, approved, or supervised by the PCSA.

(3) A type B family child care home or type A family child care home licensed by DCY when the county department of job and family services (CDJFS) has assumed the powers and duties of the county children services function defined in Chapter 5153. of the Revised Code.

(4) Any employee, or agent of DCY or the PCSA as defined in Chapter 5153. of the Revised Code.

(5) Any authorized person representing DCY or the PCSA who provides services for payment or as a volunteer.

(6) A foster caregiver or an employee of an organization or facility licensed or certified by DCY and the alleged child victim is in the custody of, or receiving services from, the PCSA that accepted the report.

(7) Any time a PCSA determines that a conflict of interest exists. The PCSA is to document in the case record if a conflict of interest is identified.

(B) The involvement of a third party does not relieve the lead PCSA, as defined in rule 5101: 2-1-01 of the Administrative Code of its responsibility to ensure assessment/investigation activities are completed.

(C) Within twenty-four hours of the identification of a conflict of interest, the PCSA is to request and document in Ohio's comprehensive child welfare information system (CCWIS) the assistance of a third party.

(D) The PCSA is to make a cross-referral to law enforcement agency pursuant to rule 5101: 2-36-12 of the Administrative Code and request the assistance of law enforcement as the third party if the child abuse or neglect report alleges a criminal offense.

(E) The PCSA may request the assistance of another PCSA as the third party if the child abuse or neglect report does not allege a criminal offense and both agencies agree to participate in the assessment/investigation including the delegation of investigatory responsibilities.

(F) Upon acceptance of the request from the lead PCSA, the non-lead PCSA as defined in rule 5101:2-1-01 of the Administrative Code, is to complete the assessment/investigation within the time frames established pursuant to rule 5101: 2-36-03 or 5101:2-36-04 of the Administrative Code.

(G) In lieu of law enforcement or another PCSA, the PCSA may operate an in-house unit to assess/investigate reports of child abuse and neglect requiring a third party if all of the following apply:

(1) An agency employee is not named as a principal in the report.

(2) The report does not allege a criminal offense.

(3) The PCSA maintains written internal policies and procedures for the review and approval of assessments/investigations conducted by the in-house unit.

(4) The in-house unit works independently of all other units within the PCSA.

(H) When law enforcement or another PCSA declines to assist the PCSA, the PCSA is responsible for conducting the assessment/investigation within the time frames established pursuant to rule 5101: 2-36-03 or 5101: 2-36-04 of the Administrative Code. The PCSA is responsible for having procedures in place to address the conflict of interest when completing the assessment/investigation.

(I) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation including the third- party assessment/investigation report from law enforcement or the non-lead PCSA is to be maintained in the case record.

Last updated September 3, 2024 at 9:07 AM

Supplemental Information

Authorized By: 5153.166, 5153.16, 2151.421
Amplifies: 2151.3518, 5153.16, 2151.421
Five Year Review Date: 9/1/2029
Prior Effective Dates: 3/15/1988, 3/1/2011, 6/17/2018
Rule 5101:2-36-09 | Requirements for dependent child assessments.
 

(A) A public children services agency (PCSA) is to conduct a dependency assessment in response to a report alleging that a child is dependent pursuant to section 2151.04 of the Revised Code absent allegations of abuse or neglect.

(B) The PCSA may request the assistance of law enforcement during an assessment if the following situations exist and the reason for contacting law enforcement is documented in Ohio's comprehensive child welfare information system (CCWIS):

(1) The agency has reason to believe that the child is in immediate danger of serious harm.

(2) The agency has reason to believe that the worker is, or will be, in danger of harm.

(3) The agency has reason to believe that a crime is being committed, or has been committed against a child.

(4) The assistance of law enforcement needs to be invoked in accordance with the county child abuse and neglect memorandum of understanding.

(C) The PCSA is to initiate the screened in dependency report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the child subject of the report within one hour from the time the referral was screened in, to assess child safety and interview the child subject of the report.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened in, to assess child safety:

(a) Attempt a face-to-face contact with the child subject of the report.

(b) Complete a telephone contact with a parent, guardian, custodian, or collateral source who has knowledge of the child subject of the report's current condition, and can provide current information about the child's safety.

(D) If the child subject of the report is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (E) of this rule can be made virtually by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the child subject of the report's current condition and can provide current information about the child subject of the report's safety.

(E) The PCSA is to, at minimum, complete face-to-face contacts and interview each child subject of the report and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed.

(1) The PCSA is to attempt face-to-face contact with the child subject of the report and a parent, guardian, custodian, or caretaker within the first four working days from the date the referral was screened in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this rule is unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date that the referral was screened in.

(3) If the attempted face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule are unsuccessful, the PCSA is to, at a minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

(b) The parent, guardian, or custodian refuses contact and the PCSA files a complaint in juvenile court, or

(c) The PCSA needs to complete a final case decision pursuant to paragraph (O)(2) of this rule.

(F) The PCSA will not interview the child subject of the report or another child who resides in the home without the child's parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged dependency in their home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(G) If a child is interviewed without the child's parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face contact or complete a telephone contact with the child's parent, guardian, or custodian to inform them that an interview of their child occurred. If unsuccessful, an attempt to complete face-to-face contact is to occur once every five working days until contact is made with the child's parent, guardian, or custodian or the time frame for completion of the assessment expires.

(H) The specific facts necessitating the assessment interviews of a child be conducted without the child's parent, guardian, or custodian's consent is to be documented in Ohio's CCWIS.

(I) The PCSA need not interview a child if it is documented in Ohio's CCWIS that the child does not have sufficient verbal skills, or additional interviewing would be detrimental to the child.

(J) At the time of the initial contact with the parent, guardian, or custodian, the PCSA is to advise the parent, guardian, or custodian of the specific concerns. The initial contact between the caseworker assessing a dependent child report and the parent, guardian, or custodian includes, whichever occurs first, face-to-face or telephone contact with the person if information is gathered as part of the assessment process.

(K) The PCSA is to conduct and document face-to-face interviews or telephone interviews with anyone identified as possible sources of information during the assessment to obtain relevant information regarding the safety and risk to the child. The PCSA is to exercise discretion in the selection of collateral sources to protect the privacy of the principals of the report.

(L) The PCSA is to take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(2) Attempting to secure a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(3) Attempting to secure any relevant records, including but not limited to school, mental health, and medical records.

(M) At any time the PCSA determines a child to be in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(N) If the PCSA determines supportive services are necessary, the supportive services are to be made available to the child and/or the child's parent, guardian, or custodian pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(O) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to:

(1) At minimum, complete face-to-face contact and interview the family of the child subject of the report residing in the home. Family includes all individuals described in rule 5101:2-37-03 of the Administrative Code.

(2) Arrive at a final case decision by completing either:

(a) The "Family Assessment" pursuant to rule 5101:2-37-03 of the Administrative Code; or

(b) The "Ongoing Case Assessment/Investigation" if the dependency report involves a principal of the report who is currently receiving ongoing protective services from the PCSA.

(P) The PCSA will not waive the completion of the final case decision.

(Q) The PCSA will request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the child or any records needed to conduct the assessment.

(R) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a member of the case has any factor that causes a barrier to communication, including but not limited to a principal of the report who is deaf or hearing impaired, has limited English proficiency or is developmentally delayed.

(S) No later than five business days after completion of the assessment, the PCSA is to do all of the following:

(1) Notify the child subject of the report, unless the child is not of an age or developmental capacity to understand; and the child's parent(s), guardian(s), or custodian(s) of the final case decision.

(2) Notify the caretaker in writing of the final case decision.

(3) Refer any child zero to three years of age to "Help Me Grow" if a developmental delay is suspected.

(4) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report and the final case decision.

(5) Document in Ohio's CCWIS, the date and method of notification to the principals of the report of the above listed activities completed.

(T) The assessment documentation and any materials obtained as a result of the assessment are to be maintained in the case record. If any information gathering activity cannot be completed, justification and approval of the director or the designee are to be documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the Administrative Code.

Last updated September 3, 2024 at 9:07 AM

Supplemental Information

Authorized By: 5153.166
Amplifies: 5153.16
Five Year Review Date: 9/1/2029
Prior Effective Dates: 3/1/2006, 3/1/2012
Rule 5101:2-36-10 | PCSA requirements for responding to family in need of services reports.
 

(A) The public children services agency (PCSA) is to follow the procedures and provide the services identified for each family in need of services subcategory as follows:

(1) Adoption subsidy only, pursuant to Chapters 5101:2-44 and 5101:2-49 of the Administrative Code.

(2) Alternative response required non-lead PCSA contacts pursuant to rule 5101:2-36-02 of the Administratve Code.

(3) Child fatality, non-child abuse/neglect, pursuant to rule 5101:2-42-89 of the Administrative Code.

(4) Courtesy supervision, to support the provision of services and activities described in sections 3113.31, 2151.151, 2151.353, 5103.20 and 2151.56 of the Revised Code.

(5) Deserted child/safe haven, as specified in rules 5101:2-36-06 and 5101:2-42-04 of the Administrative Code.

(6) Home evaluation/visitation assessment, as described in rule 5101:2-42-18 of the Administrative Code or as defined in rule 5101:2-1-01 of the Administrative Code.

(7) Interstate compact on adoption and medical assistance (ICAMA), pursuant to rules 5101:2-49-19 and 5101:2-44-05.2 of the Administrative Code.

(8) Interstate compact for the placement of children (ICPC), pursuant to rule 5101:2-52-04 of the Administrative Code.

(9) Permanent surrender, pursuant to rule 5101:2-42-09 of the Administrative Code.

(10) Post finalization adoption services, as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA is to provide or arrange services to support, maintain, and assist an adopted child, adoptive family, or birth parent anytime after finalization of an adoption.

(11) Postnatal placement services to infant of incarcerated mother, pursuant to rule 5101:2-42-60 of the Administrative Code.

(12) Preventive services, as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA is to provide services aimed at preventing child abuse and neglect which have been requested by the parent, guardian, or custodian for the family if there are no current allegations of child abuse, neglect, or dependency.

(13) Required non-lead PCSA interview, pursuant to rule 5101:2-36-02 of the Administrative Code.

(14) Stranger danger investigation, pursuant to rule 5101:2-36-05 of the Administrative Code.

(15) Unruly/delinquent, as defined in sections 2151.011 and 2151.022 of the Revised Code or defined in rule 5101:2-1-01 of the Administrative Code. The PCSA is to complete an assessment to identify the need for services designed to promote child safety, permanency, and well-being for a child determined to be unruly or delinquent.

(B) Except as provided in paragraph (C) of this rule, completion of the "Family Assessment" is to be completed for all family in need of services reports transferred for ongoing or prevention services prior to the completion of the "Family Case Plan" pursuant to rule 5101:2-38-01, 5101:2-38-05 or 5101:2-38-20 or the completion of the "Prevention Services Plan" pursuant to rule 5101:2-40-05 of the Administrative Code.

(C) The following family in need of services report subcategories do not need the completion of a " Family Assessment" prior to the completion of the "Family Case Plan":

(1) Deserted child/safe haven.

(2) Permanent surrender.

(3) ICPC.

(4) ICAMA.

Last updated September 3, 2024 at 9:07 AM

Supplemental Information

Authorized By: 5153.166
Amplifies: 5153.16
Five Year Review Date: 9/1/2029
Prior Effective Dates: 10/1/2009
Rule 5101:2-36-11 | Extending time frames for completion or waiving completion of assessment/investigation activities.
 

(A) The public children services agency (PCSA) is to request an extension and complete the "Justification/Waiver" in Ohio's comprehensive child welfare information system (CCWIS) if the PCSA is unable to complete specific assessment/investigative activities pursuant to the time frames established within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code. The justification for extension is to:

(1) Contain justification for not meeting the established time frame.

(2) Contain supervisory approval of the "Justification/Waiver" prior to the expiration of the established time frame.

(B) An extension is permitted for the following assessment/investigative activities:

(1) Execution of the second attempt to complete face-to-face contact within four working days from the screening decision when all of the following have been recorded in the "Justification/Waiver" prior to the expiration of the fourth working day:

(a) The diligent efforts completed to identify the child's current safety status with a principal of the report or collateral source who has knowledge of the child's current condition, and can provide current and credible information about the child's safety.

(b) The name and location of the individual who provided the credible information about the child's safety, and the manner in which the information was obtained.

(c) The information provided by the principal of the report or collateral source that supports the PCSA's belief that the child is not at risk of being seriously harmed.

(d) Completion of the supervisory approval of the extension request in Ohio's CCWIS prior to the expiration of the fourth working day.

(2) Written notification to the alleged perpetrator of the report disposition if the alleged perpetrator is the subject of a law enforcement investigation into human trafficking. The timeframe for the extension is not to exceed one hundred twenty days from the date the PCSA screened-in the referral as child abuse and/or neglect report.

(C) The PCSA is to complete the "Justification/Waiver" to waive an assessment/investigation activity if the PCSA is unable to complete specific assessment/investigative activities pursuant to the requirements established within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code. The "Justification/Waiver is to:

(1) Contain justification why each assessment/investigation activity can not be completed.

(2) Contain the director's or designee's approval of the "Justification/Waiver" prior to the expiration of the established time frame for the assessment/investigation activity.

(D) A PCSA may request to waive the following assessment/investigation activities:

(1) Completion of the face-to-face interview with the alleged child victim or child subject of the report.

(2) Completion of the face-to-face interview with each child in the home of the alleged child victim or child subject of the report.

(3) Completion of the face-to-face interview with each adult residing in the home of the alleged child victim or child subject of the report, including the parent(s), guardian, custodian, or caretaker.

(4) Completion of the face-to-face interview with the alleged perpetrator or adult subject of the report.

(5) Completion of face-to-face or telephone interviews with any identified witnesses and collateral sources.

(6) Completion of the "Safety Assessment," "Family Assessment," "Ongoing Case Assessment/Investigation," or "Specialized Assessment and Investigation" if the report disposition is one of the following:

(a) Family moved: unable to complete assessment/investigation.

(b) Unable to locate.

(7) Completion of the "Safety Assessment" if the PCSA has not completed contact with any principal of the report and has been unable to locate the family.

(8) Completion of the "Safety Assessment," "Family Assessment," "Ongoing Case Assessment/Investigation," or "Specialized Assessment and Investigation" if all of the following apply:

(a) The PCSA has not successfully gathered sufficient information from any principal of the report, identified witness, or collaterals.

(b) The parent, guardian, or custodian of the alleged child victim refused the PCSA to have contact with family members, including principals of the report, to complete the needed assessment activities.

(c) The PCSA consulted legal counsel regarding the report and the family's refusal to engage in the assessment/investigation process.

(d) The PCSA's legal counsel advised the PCSA no legal action will be pursued.

(e) The PCSA report disposition is unsubstantiated, substantiated, or indicated.

(9) The signature of a parent, guardian, or custodian on the JFS 01409 "Safety Plan for Children" if all of the following apply:

(a) The PCSA has obtained one signature from a parent, guardian, or custodian.

(b) The PCSA determines the parent, guardian, or custodian who has not signed is unable or unavailable to sign.

(c) The reason(s) why the parent, guardian, or custodian who has not signed is unable or unavailable to sign the is documented in the case record.

(10) Completion of the "Safety Assessment," "Family Assessment," "Ongoing Case Assessment/Investigation," or "Specialized Assessment and Investigation" if, upon initiation, the PCSA determines the specific incident alleged in the report has been previously assessed/investigated and all of the following apply:

(a) The report involves the same alleged child victim or child subject of the previous report.

(b) The report involves the same alleged perpetrator or adult subject of the previous report.

(c) The previous report received an alternative response case decision or report disposition of substantiated, indicated or unsubstantiated.

(E) The PCSA will not complete a justification to waive or extend the completion time frame for any assessment/investigation activity not identified within this rule.

Last updated September 3, 2024 at 9:07 AM

Supplemental Information

Authorized By: 5153.166, 5153.16, 2151.421
Amplifies: 2151.421, 5153.16
Five Year Review Date: 9/1/2029
Prior Effective Dates: 6/25/2004, 3/1/2006
Rule 5101:2-36-12 | PCSA requirements for cross-referring reports of child abuse and/or neglect.
 

(A) The provisions of rule 5101:2-33-21 of the Administrative Code regarding confidentiality apply to all cross-referrals of child abuse and/or neglect specified by this rule.

(B) Upon receipt of a referral, the public children services agency (PCSA) is to notify licensing and supervising authorities when abuse or neglect allegedly occurs in an out-of-home care setting pursuant to section 2151.421 of the Revised Code.

(C) At minimum, the PCSA is to make a cross referral to law enforcement:

(1) Within seven calendar days of screening in a report alleging abuse in which law enforcement is not the referent.

(2) Within seven calendar days of screening in a report alleging neglect in which law enforcement is not the referent if the PCSA implements a legally authorized out-of-home placement due to neglect.

(D) The PCSA is to cross refer reports of child abuse and/or neglect in accordance with the PCSA's county child abuse and neglect memorandum of understanding pursuant to rule 5101:2-33-26 of the Administrative Code, and if applicable, the interagency agreement with a child advocacy center pursuant to section 2151.428 of the Revised Code.

(E) As applicable, the PCSA is to promptly disseminate all information determined to be relevant to any federal, state, or local governmental entity, any agency providing prevention services to the child, or any agent of such entity, in accordance with section 2151.423 of the Revised Code.

Last updated September 3, 2024 at 9:07 AM

Supplemental Information

Authorized By: 2151.421, 5153.166
Amplifies: 2151.421, 5153.16, 2151.4210
Five Year Review Date: 9/1/2029
Prior Effective Dates: 10/1/1995, 6/1/1996, 6/17/2018
Rule 5101:2-36-14 | Protective service alert.
 

(A) A public children services agency (PCSA) will issue a protective service alert (PSA) when the whereabouts of a child and their parent, guardian, or custodian are unknown and:

(1) The PCSA receives an abuse or neglect report and has reason to believe the child is in immediate danger of serious harm; or

(2) The PCSA determines that protective services are needed and has reason to believe the child remains at risk of abuse or neglect.

(B) The PCSA is to issue a PSA in Ohio's comprehensive child welfare information system (CCWIS) and specify whether the PSA is to be processed as an in-state or out-of-state alert.

(C) The PCSA is to attempt to assess/investigate the concerns related to an active PSA upon receipt of updated contact information that may allow the ability to locate the family.

(D) Upon receipt of the notification that a person has been located, the PCSA who has located a person is to cancel the PSA in Ohio's CCWIS.

Last updated September 3, 2024 at 9:08 AM

Supplemental Information

Authorized By: 2151.421, 5153.166
Amplifies: 2151.421, 5153.16
Five Year Review Date: 9/1/2029
Prior Effective Dates: 4/1/2001
Rule 5101:2-36-20 | Public children services agencies assessment requirements for child abuse and neglect reports in alternative response.
 

(A) The public children services agency (PCSA) is to make a cross referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.

(B) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referrants who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(C) The PCSA is to initiate the screened in child abuse and neglect report assigned to the alternative response pathway in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the child subject of the report within one hour from the time the referral was screened in to assess child safety and interview the child subject of the report.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened in, to assess child safety:

(a) Attempt a face-to-face contact with the parent, guardian, or custodian, child subject of the report, or collateral source.

(b) Attempt a telephone contact with the parent, guardian, or custodian, or collateral source.

(c) Send a letter to the parent, guardian, or custodian acknowledging a report was received and inviting the family to engage with the PCSA.

(D) If the child subject of the report is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (E) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the child subject of the report's current condition and can provide current information about the child subject of the report's safety.

(E) The PCSA is to, at minimum, complete face-to-face contacts and interview each child subject of the report and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:

(1) The PCSA is to attempt face-to-face contact with the child subject of the report and a parent, guardian, custodian, or caretaker within the first four working days from the date the referral was screened in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this rule is unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date the referral was screened in

(3) If the attempted face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule are unsuccessful, the PCSA is to, at minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

(b) The parent, guardian, or custodian refuses contact and the PCSA files a complaint in juvenile court, or

(c) The PCSA needs to make a final case decision pursuant to paragraph (S)(2) of this rule.

(F) The PCSA is to advise the parent, guardian, or custodian of the information contained in the report at the time of the initial contact. The initial contact between the PCSA and the parent, guardian, or custodian includes face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment process.

(G) The PCSA may not interview a child subject of the report or another child who resides in the home without a parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating the child may be intimidated from discussing the alleged abuse or neglect in their home.

(4) The child requests to be contacted at school or another location due to one of the circumstances listed in this paragraph.

(H) If a child is contacted without a parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face contact or complete telephone contact with the child's parent, guardian, or custodian to inform them that contact with his or her child occurred and provide the specific facts that necessitated the child be contacted without a parent, guardian, or custodian's consent.

(I) The specific facts necessitating contact with the child be completed without a parent, guardian, or custodian's consent are to be documented in Ohio's CCWIS.

(J) If the attempt to contact the child's parent, guardian, custodian. or caretaker pursuant to paragraph (H) of this rule is unsuccessful, the PCSA is to continue to attempt to complete face-to-face contact with the child's parent, guardian or custodian once every five working days until contact is made with the child's parent, guardian, or custodian, or until the PCSA needs to make a case decision pursuant to paragraph (S)(2) of this rule.

(K) The PCSA need not interview a child if it is documented in Ohio's CCWIS that:

(1) The child does not have sufficient verbal skills; or

(2) Additional interviewing would be detrimental to the child.

(L) The PCSA is to convert a case from the alternative response pathway to the traditional response pathway if any of the following occur:

(1) The family requests a pathway change from the alternative response pathway to the traditional response pathway.

(2) The "Safety Assessment", "Family Assessment", or "Ongoing Case Assessment/Investigation" cannot be completed because the family refused to engage in the assessment process.

(3) The PCSA files a complaint with the juvenile court pursuant to section 2151.27 of the Revised Code alleging the child is abused, neglected or dependent child.

(4) The PCSA screens in a report requiring assignment in a traditional response pathway pursuant to rule 5101:2-36-01 of the Administrative Code.

(M) The PCSA is to record a pathway switch in Ohio's CCWIS no later than the next working day from the date of the event triggering the conversion of a case from the alternative response pathway to the traditional response pathway.

(N) The PCSA is to notify the principals of the report of the pathway change either verbally or in writing within three working days upon the conversion of a case from the alternative response pathway to the traditional response pathway if the pathway switch is not the result of a subsequent report received and assigned to the traditional response pathway. The notification(s) is to be documented in Ohio's CCWIS.

(O) If the PCSA determines a child to be in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(P) The PCSA is to conduct and document face-to face or telephone contact with any person identified as a possible source of information during the assessment to obtain relevant information regarding the safety of and risk to the child. The PCSA is to exercise discretion in the selection of collateral sources to protect the privacy of the principals of the report.

(Q) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a principal of the report has any factor that causes a barrier in communication, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(R) For all reports involving a substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code the PCSA is to:

(1) Ensure the plan of safe care/family care plan has been developed.

(2) Ensure the plan of safe care/family care plan addresses the safety needs of the infant.

(3) Ensure the plan of safe care/family care plan addresses the health and substance use disorder treatment needs of the affected family or caregiver.

(S) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to:

(1) At minimum, complete face-to-face contact and interview the family of the child subject of the report residing in the home. Family includes all individuals pursuant to rule 5101:2-37-03 of the Administrative Code.

(2) Arrive at a final case decision by completing either:

(a) The "Family Assessment" pursuant to rule 5101:2-37-03 of the Administrative Code; or

(b) The "Ongoing Case Assessment/Investigation" if the child abuse and/or neglect report involves a family member who is receiving alternative response ongoing services from the PCSA.

(T) If the case decision is to transfer the case for ongoing PCSA services, and the case will continue to be assigned to the alternative response pathway, the agency is to provide ongoing services to the family pursuant to rule 5101:2-38-20 of the Administrative Code.

(U) No later than five business days after completion of the assessment, the PCSA is to complete the following:

(1) Notify the child subject of the report, unless the child is not of an age or developmental capacity to understand; and the parent(s), guardian(s), or custodian(s) of the final case decision in writing.

(2) Refer any substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code to "Help Me Grow."

(3) Notify all participants involved in the plan of safe care and identified on the current release of information signed by the infant's parent, guardian or custodian of the final case decision. The final decision includes whether the case will be transferred for ongoing PCSA services, closed and referral made to community services, or closed. The following plan of safe care participants are to be notified:

(a) Parents, guardians, custodians or other caregivers for the infant.

(b) Health care providers involved in the delivery or care of the infant.

(c) Collaborating professional partners and agencies involved in caring for the infant and family.

(4) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, and the case decision.

(V) No later than seven calendar days from the date of completion of the assessment, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(W) The assessment, documentation and any materials obtained during the assessment, are to be maintained in the case record. If any information gathering activity cannot be completed, justification and the approval of the director or designee are to be filed in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the Administrative Code.

Last updated September 3, 2024 at 9:08 AM

Supplemental Information

Authorized By: 5153.166, 2151.429
Amplifies: 2151.429, 5153.16
Five Year Review Date: 9/1/2029