Chapter 5101:2-37 | Assessments

Rule 5101:2-37-01 | PCSA requirements for completing the safety assessment.

• Effective: September 1, 2024
• Promulgated Under: 119.03

(A) The public children services agency (PCSA) is to complete the "Safety Assessment" in Ohio's comprehensive child welfare information system (CCWIS) for all of the following when the child is not in the permanent custody of the PCSA:

(1) Intra-familial child abuse and neglect reports, including those which are screened in as a third party investigation.

(2) Dependency reports.

(3) Stranger danger investigations.

(B) The PCSA is to complete the "Safety Assessment" regarding the family of the alleged child victim/child subject of the report. For the purpose of completion of the "Safety Assessment," family includes all of the following individuals, as applicable:

(1) Alleged child victim/child subject of the report.

(2) Siblings of the alleged child victim/child subject of the report, including step or half siblings residing in the home.

(3) Parent(s), guardian, or custodian of the alleged child victim/child subject of the report.

(4) Paramour of the custodial parent, guardian, or custodian who is residing in the home.

(5) Children of the paramour residing in the home.

(6) Other children residing in the home of whom the parent, guardian, or custodian has custody or guardianship.

(7) A related or unrelated adult caretaker residing in the home who has routine responsibility for the care of the alleged child victim/child subject of the report and their siblings.

(C) The PCSA is to, at a minimum, conduct a face-to-face interview with each alleged child victim/child subject of the report and at least one parent, guardian, custodian, or a caretaker of the alleged child victim/child subject of the report within the first four working days from the date the referral was screened in to complete the "Safety Assessment."

(D) If an order of shared parenting has been issued and there has not been a residential parent designated by the court, the PCSA is to complete an assessment of safety with each alleged child victim/child subject of the report and at least the parent or caretaker in the home of the parent who has physical care of the alleged child victim/child subject of the report at the time the incident occurred within the first four working days from the date the referral was screened in to complete the "Safety Assessment."

(E) The PCSA is to record the "Safety Assessment" in Ohio's CCWIS within ten working days from the date the referral was screened in. The PCSA is to approve the "Safety Assessment" within two working days from the date of submission in Ohio's CCWIS.

(F) If the PCSA is unsuccessful in completing face-to-face contacts pursuant to paragraphs (C) or (D) of this rule, the PCSA is to:

(1) Continue making attempts of face-to-face contact pursuant to rule 5101:2-36-03, 5101:2-36-04, 5101:2-36-05, 5101:2-36-09, or 5101:2-36-20 of the Administrative Code, as applicable.

(2) Complete the "Safety Assessment" in Ohio's CCWIS within three working days after face-to-face contact is made with each alleged child victim/child subject of the report and the parent, guardian, custodian, or caretaker.

(G) If additional child abuse, neglect, and/or dependency referrals are screened in for assessment/investigation after acceptance of a child abuse, neglect, and/or dependency report and prior to the completion of the initial "Safety Assessment," the PCSA is to do one of the following:

(1) Complete the assessment of safety concerning all reports within four working days from the date the initial referral was screened in and record the "Safety Assessment" in Ohio's CCWIS pursuant to paragraph (E) of this rule.

(2) Complete an assessment of safety for each referral screened in for assessment/investigation within four working days from the date each referral was screened in respectively and record each "Safety Assessment" in Ohio's CCWIS pursuant to paragraph (E) of this rule.

(H) The completion of one "Safety Assessment" is to be permitted if a subsequent report has been received prior to the PCSA successfully completing the required face-to-face contacts for the assessment of safety.

Last updated September 3, 2024 at 9:08 AM

Supplemental Information

Authorized By: 2151.421, 5153.16, 5153.166
Amplifies: 2151.421, 5153.16
Five Year Review Date: 7/5/2025
Prior Effective Dates: 3/1/2014

Rule 5101:2-37-02 | PCSA requirements for completing the safety plan.

• Effective: September 1, 2024
• Promulgated Under: 119.03

(A) The public children services agency (PCSA) is to immediately develop and implement a JFS 01409 "Safety Plan for Children" if the PCSA determines a child is in immediate danger of serious harm due to an active safety threat.

(B) If, after the assessment of safety, described in rule 5101:2-37-01 of the Administrative Code the safety response is to implement an in-home safety plan or an out-of-home safety plan, the PCSA is to develop a safety plan utilizing the JFS 01409 "Safety Plan for Children."

(C) The PCSA and the parent, guardian, or custodian are to mutually:

(1) Identify the action steps to control the active safety threats.

(2) Identify each individual or community resource responsible for conducting an action step specified on the safety plan.

(3) Agree to the participation of that individual or community resource on the safety plan.

(D) To implement a safety plan utilizing the JFS 01409, the PCSA is to do one of the following:

(1) Obtain signatures on the JFS 01409 from the custodial parent, legal guardian, or legal custodian and all persons responsible for a safety plan action step indicating their willingness to participate in the safety plan.

(2) If an order of shared parenting has been issued, and there has not been a residential parent designated by the court, the PCSA is to obtain agreement and signatures on the JFS 01409 of both parents.

(3) If a custodial parent, legal guardian, or legal custodian or person responsible for an action step is not present to sign the JFS 01409, the safety plan may be implemented with a verbal authorization. The PCSA is to document the date and time the verbal authorization was received.

(E) If verbal authorization is obtained the PCSA is to attempt to obtain the signature(s) on the JFS 01409 within five working days from receipt of the verbal authorization.

(1) All attempts to obtain the signature(s) and any reasons why the signature(s) cannot be obtained are to be documented in the case record.

(2) Upon contact with the custodial parent, legal guardian, or legal custodian the signature is to be obtained.

(F) The PCSA is to waive the signature requirement of the custodial parent, legal guardian, or legal custodian outlined in paragraph (D) of this rule who is unable or unavailable to sign the safety plan if the PCSA has obtained one signature from another custodial parent, legal guardian, or legal custodian pursuant to rule 5101:2-36-11 of the Administrative Code. The reason(s) why the signature cannot be obtained is to be documented in the case record.

(G) The PCSA is to monitor safety plans by assessing safety to ensure the action steps are controlling the identified safety threats. Monitoring the plan requires the following:

(1) For an in-home safety plan, the PCSA is to conduct weekly home visits. During the home visits, the PCSA is to make face-to-face contact with each child identified on the safety plan and each parent, guardian, or custodian residing in the home. During the visit an assessment of the active safety threat(s) is to be completed.

(2) For an out-of-home safety plan, the PCSA is to have weekly contact with the children or persons responsible for an action step. The PCSA is to have face-to-face contact with each child and responsible party involved every other week. During the visit an assessment of the active safety threat(s) is to be completed.

(H) The PCSA is to implement alternative safety interventions when any of the following applies:

(1) An active safety threat is not controlled.

(2) A parent, guardian, custodian, or responsible person is unwilling to sign the JFS 01409.

(3) The parent, guardian, custodian, or responsible person is not cooperating or willing to follow the action steps according to the JFS 01409.

(4) The PCSA has not been able to complete the required monitoring contacts despite concerted efforts being made pursuant to paragraph (G) of this rule and the following occurs:

(a) Face-to-face contact has not been made on an in-home safety plan for two weeks with each child identified on the safety plan and each parent, guardian, or custodian residing in the home.

(b) Face-to-face contact has not been made on an out-of-home safety plan for four weeks with each child identified on the safety plan.

(I) If the PCSA determines a safety threat is no longer active or is being controlled through the family's protective capacities and the child is no longer in immediate danger of serious harm, the JFS 01409 is to be discontinued. The PCSA is to notify the parent, guardian, or custodian and each responsible party in writing within two working days of the discontinuation of the JFS 01409.

(J) If the JFS 01409 is modified, the signature of all participants on the modified JFS 01409 prior to its implementation is to serve as notification.

(K) The PCSA is not to close a case if a JFS 01409 is active.

(L) The PCSA is to record the JFS 01409 in Ohio's comprehensive child welfare information system (CCWIS) within five working days from the date the first signature is obtained.

(M) If after the assessment of safety, the safety response is to implement a legally authorized out-of-home placement, the PCSA is to contact law enforcement and/or remove the child pursuant to rule 5101:2-39-01 of the Administrative Code. Completion of the JFS 01409 is not required for a legally authorized out-of-home placement safety response.

Last updated September 3, 2024 at 9:08 AM

Supplemental Information

Authorized By: 2151.421, 5153.16, 5153.166
Amplifies: 2151.421, 5153.16
Five Year Review Date: 7/5/2025
Prior Effective Dates: 6/1/1997, 3/1/2006, 3/1/2014

Rule 5101:2-37-03 | PCSA requirements for completing the family assessment.

• Effective: September 1, 2024
• Promulgated Under: 119.03

(A) The public children services agency (PCSA) is to complete the "Family Assessment" in Ohio's comprehensive child welfare information system (CCWIS) for the following reports:

(1) Intra-familial child abuse and neglect reports assigned to alternative or traditional response pathway, including those screened in as a third party assessment/investigation.

(2) Dependency reports.

(3) Stranger danger reports when applicable pursuant to rule 5101:2-36-05 of the Administrative Code.

(B) The PCSA is to complete the "Family Assessment" on all cases transferred for ongoing PCSA services prior to completion of the "Family Case Plan" or "Prevention Services Plan" pursuant to rule 5101:2-38-01, 5101:2-38-05, or 5101:2-40-05 of the Administrative Code, except for the following family in need of services reports:

(1) Deserted child/safe haven.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on placement of children (ICPC).

(5) Interstate compact on adoption and medical assistance (ICAMA).

(C) The PCSA is to complete the"Family Assessment" regarding the family of the alleged child victim/child subject of the report. Family includes all of the following individuals, as applicable:

(1) Alleged child victim/child subject of the report.

(2) Siblings of the alleged child victim/child subject of the report, including step or half siblings residing in the home.

(3) Parent, guardian, custodian residing in the home of the alleged child victim/child subject of the report.

(4) Paramour of the custodial parent, guardian, custodian or caretaker residing in the home.

(5) Children of the paramour residing in the home.

(6) Other children residing in the home of whom the parent, guardian, custodian or caretaker has custody or guardianship.

(7) A related or unrelated adult caretaker residing in the home having routine responsibility for care of the alleged child victim/child subject of the report and siblings.

(8) An individual having regular contact with the alleged child victim/child subject of the report who may contribute to the risk of maltreatment to the child based upon their behaviors and interactions with the child or family.

(D) If an order of shared parenting has been issued and there has not been a residential parent designated by the court, the PCSA is to complete the "Family Assessment" on the family members residing with the custodian who had physical care of the alleged child victim/child subject of the report at the time the incident occurred.

(E) The PCSA is to, at minimum, complete face-to-face contact and interview the family described in paragraph (C) of this rule and complete the "Family Assessment" no later than sixty days from the date the PCSA screened in the referral.

Last updated September 3, 2024 at 9:08 AM

Supplemental Information

Authorized By: 2151.421, 5153.16, 5153.166
Amplifies: 2151.421, 5153.16
Five Year Review Date: 7/5/2025
Prior Effective Dates: 2/1/1982, 10/1/1995, 6/1/1997, 4/1/2001

Rule 5101:2-37-04 | PCSA requirements for completing the reunification assessment.

• Effective: July 5, 2020
• Promulgated Under: 119.03

(A) The public children services agency (PCSA) shall complete the "Comprehensive Assessment Planning Model - I.S., Reunification Assessment" in the statewide automated child welfare information system (SACWIS) to support and document the PCSA's assessment of the family's reunification readiness if the child has been placed out of the home through either a voluntary out-of-home safety plan or a legally authorized out-of-home placement for thirty days or more, regardless of the circumstances precipitating the child's placement out of the home or who holds custody of the child.

(B) The PCSA shall complete the "Reunification Assessment" prior to the reunification of a child to his removal home if the child has been out of said home for thirty days or more. This applies to both voluntary out-of-home safety plans and legally authorized out-of-home placement.

(C) The PCSA shall complete the "Reunification Assessment" to support and document the PCSA's assessment of the family's reunification readiness.

(D) The PCSA shall complete the "Reunification Assessment" regardless of circumstances precipitating the child's placement out of the home or who or what entity holds custody of the child.

Supplemental Information

Authorized By: 5153.16, 5153.166
Amplifies: 5153.16
Five Year Review Date: 7/5/2025
Prior Effective Dates: 3/1/2006, 10/1/2009, 3/1/2014