Chapter 5101:2-38 | Case Planning and Reviews

Rule 5101:2-38-01 | Requirements for PCSA case plan for in-home supportive services without court order.

• Effective: February 1, 2022
• Promulgated Under: 119.03

(A) The public children services agency (PCSA) shall develop and complete the family case plan if in-home supportive services for the child and the child's custodial parent, non-custodial parent, guardian, or custodian are agreed upon and there is no court order.

(B) The family case plan shall be based on the completion of the "Family Assessment."

(C) The following are considered parties to the family case plan:

(1) The child's custodial parent, non-custodial parent, guardian, and custodian as applicable.

(2) The child age fourteen and older.

(3) The child under age fourteen if developmentally appropriate.

(4) The Indian custodian if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code, if applicable.

(D) When initiating the family case planning process, the PCSA shall:

(1) Unless the family agrees to waive the right to the seven days' notice, the PCSA is to provide at least seven days' notice to the parties in paragraph (C) of this rule of the responsibility to work with the agency to jointly develop the family case plan.

(2) Document the date and method of notification to all parties to the family case plan.

(E) Completion of the "Family Assessment" is not required in order to complete a family case plan resulting from the following family in need of service reports:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on the placement of children.

(F) The PCSA shall obtain agreement on the contents of the family case plan; obtain signatures from the child's custodial parent, non-custodial parent, guardian, or custodian; and provide each with a copy of the family case plan no later than fourteen days from the child's custodial parent, non-custodial parent, guardian, or custodian's signature, not including the date of signature.

(G) The PCSA shall develop and complete the family case plan no later than thirty days after whichever of the following occurs first:

(1) The case decision indicates the need for services and the child's custodial parent, non-custodial parent, guardian, or custodian agrees to the provision of supportive services.

(2) The child's custodial parent, non-custodial parent, guardian, or custodian voluntarily requests services and the PCSA determines that the requested services can be provided.

(H) The family case plan shall be considered complete once the child's custodial parent, non-custodial parent, guardian, or custodian signs the family case plan indicating their agreement to participate in services.

(I) If sufficient information is not available to complete any element contained on the family case plan, the PCSA shall:

(1) Specify in the family case plan the additional information needed in order to complete all parts of the family case plan and the steps to take to obtain the missing information.

(2) Obtain the missing information and complete the missing elements of the family case plan no later than thirty days after the date the incomplete family case plan was signed.

(J) The PCSA shall develop one family case plan per case.

(K) The PCSA shall make face-to-face contact with each custodial parent, non-custodial parent, guardian, or custodian, and child participating in and being provided services through the JFS 01410 family case plan no less than monthly to monitor progress on the family case plan objectives.

(1) The PCSA shall have at least one contact every other month in the child's home.

(2) The PCSA shall document home visits, attempts, and all contacts.

(L) If the initial attempt to complete a face-to-face contact pursuant to paragraph (K) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contact within the month.

(M) For an adult who is a party to the family case plan where minimum face-to-face contacts cannot be completed pursuant to paragraph (K) of this rule and the attempts of face-to-face contact pursuant to paragraph (L) of this rule have been completed, the subsequent month(s) the PCSA is to identify and document the following information and provide regulatory review of the contact status with the individual:

(1) The case circumstance, identifying the barrier to completing the face-to-face contact.

(2) Identify alternative forms of contact, if possible, to be completed with the individual in lieu of the face-to-face contact (telephone, video conference, electronic communication, etc).

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual.

(4) Supervisory approval.

(N) The PCSA shall complete an update to the family case plan if the child is placed in substitute care or if there is a change in any of the following:

(1) Services.

(2) Participant(s).

(3) Case plan goal.

(4) Case plan activities.

(5) Legal status of the child.

(6) Completion of the "Case Review" or the "Ongoing Case Assessment/ Investigation" indicates a change in the safety or risk to the child.

(O) If a prevention services plan under the "Prevention Services" case category in SACWIS is to transfer without a court order to a family case plan under the "Ongoing" case category in SACWIS pursuant to rule 5101:2-40-05 of the Administrative Code, the PCSA is to create and submit a family case plan and do the following as applicable:

(1) Contact the child's custodial parent, non-custodial parent, guardian, or custodian and seek an agreement for the development of the family case plan.

(2) Obtain signatures from the child's custodial parent, non-custodial parent, guardian, or custodian.

(3) Provide each custodial parent, non-custodial parent, guardian, or custodian with a copy of the family case plan within fourteen days of the update, not including the date of signature.

(P) If an update to the family case plan is required, the PCSA shall update the family case plan and do the following as applicable:

(1) If the PCSA is providing in-home supportive services with no court order, the PCSA shall do all of the following:

(a) Contact the child's custodial parent, non-custodial parent, guardian, or custodian and seek an agreement for an update to the family case plan.

(b) Obtain signatures from the child's custodial parent, non-custodial parent, guardian or custodian.

(c) Implement the amendment update to the family case plan once the custodial parent, non-custodial parent, guardian, or custodian agrees to the change.

(d) Provide each custodial parent, non-custodial parent, guardian, or custodian with a copy of the updated family case plan within seven days of the update, not including the date of signature.

(2) If the PCSA updates the family case plan due to court ordered placement of the child in substitute care, the PCSA shall complete the update in accordance with rule 5101:2-38-05 of the Administrative Code and submit the updated family case plan to the court within seven days of the child's placement in substitute care, not including the date of placement.

(3) If the PCSA updates the family case plan due to change in legal status, the PCSA shall complete the update in accordance with rule 5101:2-38-05 of the Administrative Code and submit the updated family case plan to the court within seven days of filing a complaint, not including the date of filing.

(Q) If the PCSA and the child's custodial parent, non-custodial parent, guardian, or custodian no longer agree on the family case plan, the PCSA shall do one of the following:

(1) Discontinue supportive services to the family by closing the case in accordance with paragraph (U) of this rule.

(2) File a complaint with the court pursuant to section 2151.27 of the Revised Code if the child is an abused, neglected, or dependent child or may become abused, neglected or dependent; and intervention of the court is needed for the child's protection.

(R) The PCSA shall review the progress of the family case plan objectives by completing the "Case Review" pursuant to rule 5101:2-38-09 of the Administrative Code.

(S) The PCSA shall conduct a semiannual administrative review by completing the "Semiannual Administrative Review (SAR)" pursuant to rule 5101:2-38-10 of the Administrative Code.

(T) If a case review or a semiannual administrative review results in a recommendation for a family case plan update, the PCSA shall involve the child's custodial parent, non-custodial parent, guardian, or custodian and child age fourteen and older in the development of the updated family case plan.

(U) The PCSA shall do all of the following to close a case:

(1) Complete the "Case Review" to assess there are no active safety threats and the overall level of risk is reduced.

(2) Notify parties to the family case plan as outlined in paragraph (C) of this rule of the intent to close the case and document the date and method of notification.

(3) Update the family case plan.

(V) The PCSA shall maintain a copy of the original family case plan, all updates, and documentation of the face-to-face contacts, including attempted contacts and home visits to monitor progress on the family case plan objectives.

Last updated February 1, 2022 at 8:43 AM

Supplemental Information

Authorized By: 2151.412, 2151.421, 5103.03, 5153.166
Amplifies: 2151.412, 2151.421, 5103.03, 5153.16
Five Year Review Date: 2/1/2027
Prior Effective Dates: 9/28/1987 (Emer.), 3/15/1988, 9/1/1988, 9/19/2005

Rule 5101:2-38-02 | Protective supervision by PCSAs.

• Effective: August 1, 2020
• Promulgated Under: 119.03

(A) If a public children services agency (PCSA) files a complaint with the court requesting an order of protective supervision, the agency shall also request the court impose reasonable restrictions on the child and the child's parent, guardian, or custodian, or any other person, as needed. Reasonable restrictions include, but are not limited to:

(1) Ordering a parent, guardian, or custodian, within forty-eight hours after the issuance of the order, to vacate the child's home indefinitely or for a specified period of time.

(2) Ordering a parent, guardian, or custodian to prevent a particular person from contact with the child.

(3) Restraining or otherwise controlling the conduct of any person if his or her conduct is not in the best interest of the child.

(B) For each child under an order of protective supervision:

(1) The PCSA shall prepare and maintain the "Comprehensive Assessment Planning Model - I.S., Family Case Plan" pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code.

(2) The PCSA shall make available appropriate supportive services to the child and the parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent. The PCSA shall comply with rule 5101:2-40-02 of the Administrative Code if providing supportive services.

(3) The PCSA shall complete the "Comprehensive Assessment Planning Model - I.S., Case Review" pursuant to rule 5101:2-38-09 of the Administrative Code for any case involving an order of protective supervision.

(4) The PCSA shall complete the "Comprehensive Assessment Planning Model - I.S., Semiannual Administrative Review" pursuant to rule 5101:2-38-10 of the Administrative Code for any case where there is involving an order of protective supervision.

(C) No later than one year after the date the complaint was filed or the child was placed in shelter care, whichever is earlier, the PCSA shall file a written request with the court to either terminate, or extend for six months, the order of protective supervision.

(D) The PCSA shall provide written notice of the proposed extension or termination to all parties of the case plan and the child's guardian ad litem no later than the close of business of the day after the day of filing.

(E) If the PCSA requests termination of the order, the agency shall file a written status report setting out the facts supporting termination of the order at the time the request is filed with the court.

(F) The PCSA has seven days from the date the court sends a notice of its proposed action, to object to and request a hearing on the proposed extension or termination.

(G) If the court grants an extension of the order for protective supervision the PCSA may, prior to termination of the extension, file with the court a request for one additional extension of six months or for termination of the order.

Supplemental Information

Authorized By: 2151.412, 2151.421, 5103.03
Amplifies: 2151.412, 2151.421, 5103.03
Five Year Review Date: 8/1/2025
Prior Effective Dates: 3/21/1983, 3/15/1988, 10/1/1990

Rule 5101:2-38-03 | Protective supervision by PCPAs.

• Effective: August 1, 2020
• Promulgated Under: 119.03

(A) If a private child placing agency (PCPA) files a complaint with the court requesting an order of protective supervision, the agency shall also request the court to impose reasonable restrictions on the child and the child's parent, guardian, or custodian, or any other person as needed. Reasonable restrictions may include, but not be limited to:

(1) Ordering a parent, guardian, or custodian, within forty-eight hours after the issuance of the order, to vacate the child's home indefinitely or for a specified period of time.

(2) Ordering a parent, guardian, or custodian, to prevent a particular person from having contact with the child.

(3) Restraining or otherwise controlling the conduct of any person if his or her conduct is not in the best interest of the child.

(B) For each child under an order of protective supervision:

(1) The PCPA shall prepare and maintain a case plan pursuant to rule 5101:2-38-07 of the Administrative Code.

(2) The PCPA shall make available appropriate supportive services to the child, parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent. The PCPA shall comply with rule 5101:2-40-02 of the Administrative Code if providing supportive services.

(3) The PCPA shall review the progress in achieving the case plan objective and services by completing case reviews pursuant to rule 5101:2-38-09 of the Administrative Code. The PCPA shall document the case review on the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" in lieu of the "Comprehensive Assessment Planning Model - I.S. Case Review."

(4) The PCPA shall complete a semiannual administrative review pursuant to rule 5101:2-38-10 of the Administrative Code for any case if there is an order of protective supervision.

(C) No later than one year after the date the complaint was filed or the child was placed in shelter care, whichever is earlier, the PCPA shall file a written request with the court to either terminate, or extend for six months the order of protective supervision. If the PCPA requests termination of the order, the agency shall file a written status report setting out the facts supporting termination of the order at the time the request is filed with the court.

(D) The PCPA shall provide written notice of the proposed extension, or termination, to all parties of the case plan, parent, guardian, custodian, and the child's guardian ad litem no later than the close of business of the day after the day of filing.

(E) The PCPA has seven days from the date the court sends a notice of its proposed action, to object to and request a hearing on the proposed extension or termination.

(F) If the court grants an extension of the order for protective supervision, the PCPA may, prior to termination of the extension, file with the court a request for one additional extension of six months or for termination of the order.

Supplemental Information

Authorized By: 2151.33, 2151.353, 5103.03, 5153.16
Amplifies: 2151.33, 2151.353, 5103.03, 5153.16
Five Year Review Date: 8/1/2025
Prior Effective Dates: 1/1/1989, 6/1/1997, 10/1/2009

Rule 5101:2-38-04 | PCPA requirements for completing the semiannual administrative review.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) Each private child placing agency (PCPA) required to prepare a family case plan for a child pursuant to rules 5101:2-38-07 and 5101:2-38-03 of the Administrative Code shall complete the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (SAR) for the family case plan.

(B) The PCPA shall complete the SAR no later than every one hundred eighty days from whichever of the following activities occurs first:

(1) Date the original court complaint was filed.

(2) Date of placement.

(3) Date of court ordered protective supervision.

(4) Date of parent, guardian, or custodian's signature on the family case plan for in-home supportive services only.

(C) The PCPA shall continue to complete the SAR no later than every one hundred eighty days from the date established pursuant to paragraph (B) of this rule.

(D) The PCPA shall complete the SAR no more than thirty days prior to the due date.

(E) For cases with an active concurrent plan the PCPA will review and update the following during the SAR:

(1) The concurrent plan objective.

(2) The activities being completed to support the concurrent plan objective.

(F) The PCPA is to approve the SAR within five working days from the date of submission.

(G) The PCPA is to provide at least seven days notice prior to the SAR, a written or electronic invitation including the date, time, and place convenient to the family to all of the following:

(1) For in-home supportive services cases, all parties to the family case plan as outlined in paragraph (D) of rule 5101:2-38-07 of the Administrative Code.

(2) For protective supervision and substitute care cases:

(a) All parties to the family case plan as outlined in paragraph (D) of rule 5101:2-38-07 of the Administrative Code.

(b) The substitute caregiver, as defined in rule 5101:2-01-01 of the Administrative Code.

(c) For substitute care cases in which the child is age fourteen and older, two individuals as outlined in paragraph (E)(1)(c) of rule 5101:2-38-07 of the Administrative Code.

(d) The permanency team members for a child placed in an approved qualified residential treatment program (QRTP) pursuant to rule 5101:2-42-12 of the Administrative Code.

(H) The PCPA does not have to include any individual listed in paragraph (G) of this rule if any of the following apply:

(1) Cannot be located after reasonable efforts to do so;

(2) Declines to participate in the SAR after being contacted; or

(3) Fails to appear for the scheduled review.

(I) For a child adjudicated as a deserted child, pursuant to section 2151.3519 of the Revised Code an invitation and participation of the child and parent in the SAR is not required.

(J) For in-home supportive services cases, a review panel of at least two people is to conduct the SAR. The review panel is to include but not limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the family case plan.

(2) A supervisior or designee.

(K) For protective supervision and substitute care cases, a review panel of at least three people is to conduct the SAR. The review panel is to include but not limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the family case plan.

(2) A person, not responsible for the management of the family case plan or for the delivery of services to the child, the child's parent, guardian, custodian, pre-finalized adoptive parent, or substitute caregiver.

(3) A supervisor or designee.

(L) A court hearing may take the place of a SAR with the individuals listed in paragraph (K) of this rule if all of the following requirements are met:

(1) The hearing is held in time to comply with paragraph (B) of this rule.

(2) Notification is made to the parties to the family case plan as outlined in paragraph (D) of rule 5101:2-38-07 of the Administrative Code.

(3) During the hearing, the court addresses each of the issues stated in paragraph (N) of this rule.

(4) The court hearing documents each issue either on the JFS 01416 or by journal entry.

(M) For in-home supportive services cases, the PCPA shall provide a copy of the SAR to all parties outlined in paragraph (G)(1) of this rule no later than seven days after completion of the SAR. A copy of the JFS 01416 shall be maintained in the case record.

(N) For protective supervision and substitute care cases the PCPA shall:

(1) File with the court a copy of the SAR no later than seven days after completion of the SAR and shall include a copy of the updated family case plan as applicable.

(2) Provide a copy of the SAR to all parties to the family case plan in accordance with paragraph (G)(2)(a) of this rule, before the end of the next business day, after filing the SAR with the court.

(3) Indicate, in writing, the parties identified in paragraph (G)(2)(a) of this rule shall have seven days after the date the written or electronic notice is sent to object to recommended changes in the family case plan as a result of the SAR and request a hearing of the recommended change.

(O) The PCPA shall maintain a copy of the SAR and any resultant updates to the family case plan in the case record.

Last updated January 3, 2023 at 8:58 AM

Supplemental Information

Authorized By: 2151.416
Amplifies: 2151.412, 2151.416
Five Year Review Date: 10/15/2026
Prior Effective Dates: 4/1/2001, 12/1/2001, 12/1/2012

Rule 5101:2-38-05 | PCSA family case plan for children in custody or under protective supervision.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) The public children services agency (PCSA) shall develop and complete the family case plan if services are provided to the child in the child's own home or in a substitute care setting and file with the court no later than thirty days from when one of the following occurs:

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

(2) The PCSA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCSA to provide protective supervision for a child living in the child's own home.

(4) The court orders the PCSA to place the child, sixteen or older, in a planned permanent living arrangement.

(B) The PCSA shall develop one family case plan per case unless directed otherwise by an order of the court.

(C) The following are considered parties to the family case plan:

(1) Child's parent (including non-custodial parent), guardian, or custodian.

(2) Pre-finalized adoptive parent, if applicable.

(3) Guardian ad litem and or court appointed special advocate, if one has been appointed.

(4) Child age fourteen and older.

(5) Child under age fourteen if developmentally appropriate.

(6) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code, if applicable.

(7) Child's attorney, if applicable.

(8) Any other party specifically identified by the court as a party to the family case plan.

(D) The family case plan shall be based on the completion of the "Family Assessment."

(E) Completion of the "Family Assessment" is not required in order to complete a family case plan resulting from the following family in need of service reports:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on the placement of children.

(F) Notification and participation of the child or parent is not required for the development of the family case plan or any updates to the family case plan if the child has been adjudicated as a deserted child pursuant to section 2151.3519 of the Revised Code.

(G) When initiating the family case planning process, the PCSA shall:

(1) Unless the family agrees to waive the right to the seven days' notice, the PCSA is to provide at least seven days' notice of the opportunity to participate in the development of the family case plan to the following:

(a) All parties to the family case plan as outlined in paragraph (C) of this rule.

(b) The substitute caregiver as defined in rule 5101:2-1-01 of the Administrative Code.

(c) For substitute care cases in which the child is age fourteen and older, two individuals, at the option of and as selected by the child, pursuant to rule 5101:2-42-19 of the Administrative Code and in accordance with the JFS 01677 "Foster Youth Rights Handbook."

(i) One of the individuals selected by the child may be designated to be the child's advisor and advocate regarding application of the prudent parent standard.

(ii) A PCSA may reject individuals referenced in paragraph (G)(1)(c) of this rule if the agency has good cause to believe the individual(s) would not act in the best interest of the child. The agency shall document in an activity log the individual's name and the reason the agency found the individual would not act in the best interest of the child.

(d) The permanency team for substitute care cases in which a child is placed in an approved qualified residential treatment program (QRTP) determined by the assessment pursuant to rule 5101:2-42-12 of the Administrative Code.

(2) Document the date and method of notification, along with any waivers of notifcation.

(3) Work with all parties on the development of the family case plan; attempt to obtain agreement of the contents of the family case plan by the parties outlined in paragraph (C) of this rule and provide each party with a copy of the family case plan no later than seven days from the child's parent (including non-custodial parent), guardian, or custodian's signature not including the date of signature.

(4) Inform all parties identified in paragraph (C) of this rule if agreement cannot be obtained on the contents of the family case plan, the parties may present evidence at the dispositional hearing and the court will determine the contents of the family case plan based upon the evidence presented.

(H) The family case plan shall include a written visitation plan for siblings removed from their home and not jointly placed pursuant to rules 5101:2-42-92 and 5101:2-39-01 of the Administrative Code. The visitation plan shall provide for regular, ongoing visitation and interaction between the siblings no less than monthly unless the PCSA has documented that it would be contrary to the safety or well-being of any child.

(I) For all children receiving PCSA services pursuant to rule 5101:2-42-92 of the Administrative Code the family case plan shall include a written visitation plan for the child's parent (including non-custodial parent), guardian, or custodian. The visitation plan shall provide for regular, ongoing visitation and interaction between the child placed in substitute care and the parent (including non-custodial parent), guardian, or custodian.

(J) The PCSA shall attach the JFS 01443 "Child's Education and Health Information," to the family case plan for each child placed in a substitute care setting.

(K) The family case plan is to contain required documentation of the family and permanency team for a child placed in a qualified residential treatment program (QRTP) pursuant to rules 5101:2-38-05.1 and 5101:2-42-12 of the Administrative Code.

(L) The PCSA shall act in accordance with Chapter 5101:2-53 of the Administrative Code for children identified as Indian. Services provided shall be specifically designed for the Indian family if available, including resources of the extended family, the tribe, Indian organizations, tribal family service programs and individual Indian caregivers.

(M) If sufficient information is not available to complete any element contained on the family case plan, the PCSA shall do all of the following:

(1) Specify in the family case plan developed pursuant to paragraph (G) of this rule, the additional information needed in order to complete all parts of the family case plan and the steps needed to obtain the missing information and file with the court.

(2) Obtain the missing information, complete the missing elements of the family case plan, and submit to the court no later than thirty days after the adjudicatory hearing or by the date of the dispositional hearing.

(N) The family case plan shall serve as the permanency plan for the child.

(O) Once the court journalizes the family case plan, the parties including PCSA staff, are bound by the provisions outlined in the journalized family case plan. Failure to comply with the family case plan by any party to the family case plan may result in a finding of contempt of court.

(P) The PCSA shall complete contact in accordance with the following:

(1) For court-ordered protective supervision cases the PCSA shall:

(a) Complete face-to-face contact with each parent (including non-custodial parent), guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the family case plan no less than monthly to monitor progress on the family case plan objectives.

(b) Complete at least one contact every other month in the child's parent (including non-custodial parent), guardian, or custodian's home, or if applicable, pre-finalized adoptive parent's home.

(2) For cases with children in temporary custody of the PCSA, the PCSA shall:

(a) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(b) Complete face-to-face contact with each parent (including non-custodial parent), guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the family case plan no less than monthly to monitor progress on the family case plan objectives.

(c) Complete at least one contact every other month in the child's parent (including non-custodial parent), guardian, or custodian's home, or if applicable, pre-finalized adoptive parent's home.

(3) For cases with children in the permanent custody of the PCSA, the PCSA shall:

(a) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(b) Complete face-to-face contacts pursuant to rule 5101:2-48-17 of the Administrative Code, as applicable.

(Q) If the initial attempt to complete face-to-face contact pursuant to paragraph (P) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contacts within the month.

(R) For an adult who is a party to the family case plan where minimum face-to-face contacts cannot be completed pursuant to paragraph (P) of this rule and the attempts of face-to-face contact pursuant to paragraph (Q) of this rule have been completed, the subsequent month(s) the PCSA is to identify and document the following information and provide regulatory review of the contact status with the individual in SACWIS:

(1) The case circumstance, identifying the barrier to completing face-to-face contact.

(2) The alternative forms of contact, if possible, to be completed with the individual in lieu of face-to-face contact (telephone, video conference, electronic communication, etc).

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual.

(4) Supervisory approval.

(S) The PCSA may suspend home visits with the child's parent (including non-custodial parent), guardian, or custodian of a child in PCSA custody if conducting visits in the home presents a threat to the safety of the caseworker. A written justification to suspend visits in the home shall be documented in the case record and shall include all of the following:

(1) Identification of the specific threat to the caseworker's safety and the person posing the threat.

(2) Identify alternative forms of contact, if possible, to be completed with the individual in lieu of face-to-face contact (telephone, video conference, electronic communication, etc).

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual.

(4) Authorization of the executive director or his or her designee to suspend home visits.

(T) If home visits are suspended pursuant to paragraph (S) of this rule, the PCSA shall complete face-to-face contact with the child's parent (including non-custodial parent), guardian, or custodian no less than monthly in a location that assists in ensuring the safety of the caseworker.

(U) If a voluntary family case plan had been implemented pursuant to rule 5101:2-38-01 of the Administrative Code and the PCSA determines the involvement of the court is necessary, the PCSA shall update the family case plan and submit the updated family case plan to the court within fourteen days of the event listed in paragraph (A) of this rule.

(V) If a prevention services plan under the "Prevention Services" case category in SACWIS is to transfer to a family case plan under the "Ongoing" case category in SACWIS pursuant to rule 5101:2-40-05 of the Administrative Code, the PCSA is to create and submit a family case plan to the court within fourteen days of the event listed in paragraph (A) of this rule.

(W) The PCSA shall contact the parties to the family case plan as outlined in paragraph (C) of this rule and seek agreement and obtain the signatures of the parties to the family case plan for any update to the family case plan if any of the following occurs:

(1) The conditions of the child or the child's parent (including non-custodial parent), guardian, or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the legal status of the child or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes that family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; reunified with the child's parent (including non-custodial parent), guardian, custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of fourteen, has had a completed life skills assessment, and an independent living plan is developed pursuant to rule 5101:2-42-19 of the Administrative Code.

(5) The child attains the age of sixteen and the court orders the PCSA to place the child in a planned permanent living arrangement.

(6) A change in the visitation plan for a child.

(7) A party must be added or deleted from the family case plan.

(X) The PCSA shall record, on the family case plan, the reasons for any agreed upon update made and submit the updated family case plan to the court within seven days of the change.

(Y) If agreement as described in paragraph (X) of this rule is not obtained, the PCSA shall request a change in the family case plan by filing the proposed change with the court and do the following:

(1) Provide written notice of the proposed change to all parties listed in paragraph (C) of this rule.

(a) Written notice of the proposed change shall be provided no later than the close of business of the day after the proposed change is filed with the court.

(b) Notify parties listed in paragraph (C) of this rule; that if a party disagrees with the change in the family case plan, the party may request a court hearing of the proposed change within seven days of the filing with the court, not including the date of filing.

(2) The PCSA may implement the update fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(c) The court journalizes the updated family case plan.

(Z) In an emergency situation or if a child is in immediate danger of serious harm, the PCSA shall implement the change, update the family case plan, and do all of the following:

(1) Notify all parties of the family case plan, as outlined in paragraph (C) of this rule, and the court of the change no later than the next day.

(2) File a statement of the change with the court within three days of the change.

(3) Provide to all parties to the family case plan as outlined in paragraph (C) of this rule the following:

(a) A copy of the statement filed with the court within three days of the change.

(b) Notification that if any party disagrees with the change in the family case plan, the party has ten days to object to the change and to request a court hearing.

(4) Continue to implement the change unless the court disapproves.

(5) Revert back to implementing the provisions of the journalized family case plan if the court does not approve the change.

(AA) The PCSA shall review the progress in achieving the family case plan objectives and services by completing the "Case Review" pursuant to rule 5101:2-38-09 of the Administrative Code and the "Semiannual Administrative Review (SAR)" pursuant to rule 5101:2-38-10 of the Administrative Code.

(BB) The PCSA is to document the permanency plan and the concurrent plan objective for a child in temporary custody when the primary permanency plan is reunification on the family case plan effective on or after January 1, 2023. For children in custody prior to January 1, 2023, a concurrent plan will be documented in the family case plan no later than July 1, 2023. The concurrent plan is to be documented in the case record and reviewed during the SAR. The concurrent plan is an additional plan to achieve permanency for the child in the event the primary permanency case plan goal is unable to be achieved.

(CC) The PCSA shall maintain a copy of the original family case plan, all updates, documentation of the face-to-face contacts, home visits, including attempted contacts and home visits to monitor progress on the family case plan objectives.

(DD) Upon determining case closure the PCSA shall do all of the following:

(1) Notify all parties of the family case plan as listed in paragraph (C) of this rule of the case closure and document in SACWIS the date and method of notification.

(2) Update family case plan.

Last updated November 29, 2022 at 3:08 PM

Supplemental Information

Authorized By: 2151.412, 2151.421, 5103.03, 5153.166
Amplifies: 2151.412, 2151.421, 5103.03, 5153.166
Five Year Review Date: 2/1/2027
Prior Effective Dates: 3/21/1983, 4/1/1986 (Emer.), 12/23/1987 (Emer.), 1/1/1989, 7/1/1992, 9/1/1993, 3/18/1999 (Emer.), 3/1/2006, 8/1/2016, 2/1/2022

Rule 5101:2-38-05.1 | PCSA requirements for completing a family case plan and review when a child is placed in a qualified residential treatment program (QRTP).

• Effective: October 1, 2021
• Promulgated Under: 119.03

(A) For all children receiving services through a public children services agency (PCSA) who are placed in a qualified residential treatment program (QRTP), the PCSA is to assemble a family and permanency team, and may use an existing team, for the child pursuant to rule 5101:2-42-12 of the Administrative Code,

(1) The family and permanency team is to consist of all appropriate family members, relatives, and kin of the child, as well as appropriate professionals who are a resource to the family of the child, such as teachers, medical or mental health providers who have treated the child, or clergy.

(2) In the case of a child who has attained age fourteen, the family and permanency team is to include the members that are selected by the child pursuant to rules 5101:2-38-05 and 5101:2-38-07 of the Administrative Code.

(B) For all children placed in a qualified residential treatment program (QRTP) pursuant to rule 5101:2-9-42 of the Administrative Code, the following information is to be documented within the family case plan:

(1) The reasonable and good faith effort of the PCSA to identify and include all individuals on the child's family and permanency team pursuant to rule 5101:2-42-12 of the Administrative Code.

(2) All contact information for the members of the family and permanency team, as well as contact information for other family members and fictive kin who are not part of the family and permanency team.

(3) Evidence that the meetings of the family and permanency team, including meetings related to the assessment, are held at a time and place convenient for the family.

(4) If reunification is the goal, evidence demonstrating that the parent from whom the child was removed provided input on the members of the family and permanency team.

(5) Evidence that the required assessment is determined in conjunction with the family and permanency team.

(6) The placement preferences of the family and permanency team relative to the assessment that recognizes children should be placed with their siblings unless there is a finding by the court that such placement is contrary to their best interest.

(7) If the placement preferences of the family and the permanency team and child are not the placement setting recommended by the qualified individual pursuant to rule 5101:2-42-12 of the Administrative Code, the reasons why the preferences of the team and child were not recommended.

(8) Any determination by a qualified individual pursuant to rule 5101:2-42-12 of the Administrative Code that a child should not be placed in a foster family home, and the reasons why the needs of the child cannot be met by the family of the child or in a foster family home.

(9) The approval or disapproval of the placement in a QRTP pursuant to rule 5101:2-42-12 of the Administrative Code.

(C) The PCSA is to document evidence of the continued need for QRTP placement during each status review and permanency hearing pursuant to rule 5101:2-42-12 of the Administrative Code.

Last updated October 12, 2023 at 9:40 AM

Supplemental Information

Authorized By: 2151.416, 5153.166
Amplifies: 2151.416, 5153.16
Five Year Review Date: 10/1/2026

Rule 5101:2-38-05.02 | PCSA family case plan requirements for kinship guardianship assistance program (KGAP).

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) The public children services agency (PCSA) is to support the application and eligibility for the kinship guardianship assistance program (KGAP) pursuant to rules 5101:2-46-02 and 5101:2-56-02 of the Administrative Code in the "Family Case Plan" when any of the following apply:

(1) A child has a case plan goal of custody to a fit and willing kinship caregiver(s).

(2) A child has a concurrent plan of custody to a fit and willing kinship caregiver(s).

(3) The court has made a finding pursuant to sections 2151.4119 and 2151.412 of the Revised Code (ORC), that the child's current foster family has a kin relationship, and the current foster parent does not wish to pursue adoption.

(B) The family case plan is to include the following:

(1) The steps the PCSA has taken to determine it is not appropriate for the child to be returned home.

(2) The efforts the PCSA has made to discuss adoption with the child's fit and willing kinship caregiver(s) as a more permanent alternative to legal guardianship and document the reasons why adoption is not the preferred option of the kinship caregiver(s).

(3) An explanation as to why a permanent placement with a fit and willing kinship caregiver(s) through a kinship guardianship assistance arrangement is in the child's best interests.

(4) The efforts the PCSA has made to discuss kinship guardianship assistance arrangement with the child's parent(s), or reasons why efforts were not made by the PCSA to discuss with the child's parent(s) the kinship guardianship assistance arrangement.

(5) If applicable, the reason(s) for any separation of siblings from the child if the child's placement with the kinship caregiver(s) does not include the child's siblings.

(6) The efforts the PCSA has made to consult with youth aged fourteen and older regarding the kinship guardianship arrangement.

Last updated August 24, 2023 at 10:17 AM

Supplemental Information

Authorized By: 5101.1417
Amplifies: 2151.4119, 2151.412, 5101.1416
Five Year Review Date: 1/1/2028

Rule 5101:2-38-06 | Required contents of a PCPA case plan document.

• Effective: August 1, 2020
• Promulgated Under: 119.03

(A) The private child placing agency (PCPA) shall select one or more of the following case plan goals as applicable:

(1) Maintain a child safely in the child's own home.

(2) Reunify a child with the child's parent, guardian, or custodian.

(3) Place a child in a safe, planned permanent living arrangement excluding adoption.

(4) Prepare a child for independent living and emancipation.

(5) Place a child for adoption.

(B) The case plan shall include, but not be limited to, the following elements:

(1) Parties involved in the case plan and their individual responsibilities.

(2) Statement of goals and objectives to be achieved and conditions in the home that are to be improved to ensure the child will be safe and will receive proper care.

(3) Anticipated timeframes for attainment of goals and objectives.

(4) Identification of services requested by or provided to the child or the child's parent, guardian, or custodian to achieve the goals identified in paragraph (B)(2) of this rule.

(5) The appropriateness of supportive services offered or provided under the court order for protective supervision to prevent removal of the child from the child's parent, guardian, or custodian.

(6) Specification of case management, casework services, and/or if appropriate, therapeutic counseling.

(C) For each child placed in a substitute care setting, the case plan shall also include, but not be limited to, the following elements:

(1) The type of substitute care placement.

(2) The appropriateness and safety of the placement in accordance with rule 5101:2-42-05 of the Administrative Code.

(3) The reasonable efforts made or will be made to make it possible for the child to return to the child's home or identify that reasonable efforts are not required pursuant to rule 5101:2-39-01 of the Administrative Code.

(4) The steps to be taken to assure services are provided to the child and the child's parent, guardian, or custodian to do one of the following:

(a) Facilitate the reunification of the child to the child's parent, guardian, or custodian.

(b) Locate a safe, planned permanent living arrangement for the child.

(5) The steps to be taken to assure services are provided to the child and substitute caregiver to address the needs of the child while the child is in the substitute care placement.

(6) A schedule for regular and frequent visitation, including an explanation of the reason for any restrictions on location of visits or the need for supervision of visits, between the child and the child's parent, guardian, or custodian for children in temporary custody as specified in rule 5101:2-42-92 of the Administrative Code.

(7) The reason why parental rights shall not be terminated pursuant to the requirements contained in rule 5101:2-42-95 of the Administrative Code.

(8) Programs and services to assist the child to prepare for transition to independent living and emancipation, for a child sixteen years of age or older if appropriate.

(D) If the case plan goal is adoption or another planned permanent living arrangement, the case plan shall include the steps the PCPA is taking to do one of the following:

(1) Place the child with an adult relative expressing an interest in adopting the child and meeting all relevant state child protection standards, a guardian, or an adoptive family.

(2) Find an adoptive family, through child specific recruitment efforts, for the child.

(3) Identify a planned permanent living arrangement for the child.

(4) Finalize the adoption or guardianship.

(E) When a child is placed in substitute care, the case plan shall indicate that the substitute care setting is:

(1) Safe and consistent with the best interest and special needs of the child.

(2) The least-restrictive, most family-like setting available.

(3) In close proximity to the home from which the child was removed or the home in which the child will be permanently placed.

(4) In close proximity to the school in which the child was enrolled prior to the placement.

(5) Designed to enhance reunification, if appropriate, in accordance with rule 5101:2-42-05 of the Administrative Code.

(F) The PCPA shall document in the case record the reason why certain elements were not contained in the case plan document due to the permanent custody status of a child.

Supplemental Information

Authorized By: 2151.412, 5103.03
Amplifies: 2151.412, 5103.03
Five Year Review Date: 8/1/2025

Rule 5101:2-38-07 | PCPA family case plan for children in custody or under court-ordered protective supervision.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) The private child placing agency (PCPA) shall develop and complete a family case plan if services are provided to the child in the child's own home or in a substitute care setting and file with the court no later than thirty days from when one of the following occurs:

(1) The PCPA files a complaint pursuant to section 2151.27 of the Revised Code alleging the child is an abused, neglected, or dependent child.

(2) The PCPA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCPA to provide protective supervision for a child living in the child's own home.

(4) The court orders the PCPA to place the child, sixteen or older, in a planned permanent living arrangement.

(5) The PCPA has not placed the child for adoption within six months after the JFS 01666 "Permanent Surrender of Child" is executed without juvenile court approval for a child in the custody of the PCPA who was under the age of six months at the time the permanent surrender was executed.

(B) The PCPA shall develop one family case plan per case unless directed otherwise by an order of the court.

(C) The following are considered parties to the family case plan:

(1) Child's custodial parent, non-custodial parent, guardian or custodian.

(2) Pre-finalized adoptive parent, if applicable.

(3) Guardian ad litem and or court appointed special advocate, if one has been appointed.

(4) Child age fourteen and over.

(5) Child under age fourteen if developmentally appropriate.

(6) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code, if applicable.

(7) The child's attorney, if applicable.

(8) Any other party specifically identified by the court as a party to the family case plan.

(D) Notification and participation of the child or parent is not required for the development of the family case plan or any updates to the family case plan if the child has been adjudicated as a deserted child pursuant to section 2151.3519 of the Revised Code.

(E) When initiating the family case planning process, the PCPA is to:

(1) Provide at least seven days' notice of the opportunity to participate in the development of the family case plan to the following, unless the family agrees to waive the right to seven days' notice and document the family's agreement in the case record:

(a) All parties to the family case plan as outlined in paragraph (C) of this rule.

(b) The substitute caregiver as defined in rule 5101:2-01-01 of the Administrative Code.

(c) For substitute care cases in which the child is age fourteen and older, two individuals, at the option of and as selected by the child, pursuant to rule 5101:2-42-19 of the Administrative Code and in accordance with the JFS 01677 "Foster Youth Rights Handbook."

(i) One of the individuals selected by the child may be designated to be the child's advisor and advocate regarding application of the prudent parent standard.

(ii) A PCPA may reject individuals referenced in paragraph (E)(1)(c) of this rule if the agency has good cause to believe the individual(s) would not act in the best interest of the child. The agency shall document in an activity log the individual's name and the reason the agency found the individual would not act in the best interest of the child.

(d) The permanency team for substitute care cases in which a child is placed in an approved qualified residential treatment program (QRTP) determined by the assessment pursuant to rule 5101:2-42-12 of the Administrative Code.

(2) Document the date and method of notification.

(3) Work with all parties on the development of the family case plan; attempt to obtain agreement on the contents of the family case plan by the parties outlined in paragraph (C) of this rule and provide each party with a copy of the family case plan no later than seven days from the child's custodial parent, non-custodial parent, guardian, or custodian's signature, not including the date of signature.

(4) Inform all parties, identified in paragraph (C) of this rule, if agreement cannot be obtained on the contents of the family case plan, the parties may present evidence at the dispositional hearing and the court will determine the contents of the family case plan based upon the evidence presented.

(F) The family case plan shall include a written visitation plan for siblings removed from their home and not jointly placed pursuant to rules 5101:2-42-92 and 5101:2-39-01 of the Administrative Code. The visitation plan shall provide for regular, ongoing visitation, and interaction between siblings no less than monthly unless the PCPA has documented that it would be contrary to the safety or well-being of any child.

(G) For all children receiving PCPA services pursuant to rule 5101:2-42-92 of the Administrative Code, the family case plan shall include a written visitation plan for the child's custodial parent, non-custodial parent, guardian, or custodian. The visitation plan shall provide for regular, ongoing visitation, and interaction between the child placed in substitute care and the custodial parent, non-custodial parent, guardian, or custodian.

(H) The PCPA shall attach the JFS 01443 "Child's Education and Health Information" or the PCPA form being used in lieu of the JFS 01443, containing all documentation required on the JFS 01443 pursuant to rule 5101:2-38-08 of the Administrative Code, to the family case plan for each child placed in a substitute care setting.

(I) The family case plan is to contain required documentation of the family and permanency team for a child placed in a qualified residential treatment program (QRTP) pursuant to rule 5101:2-42-12 of the Administrative Code.

(J) PCPAs shall act in accordance with Chapter 5101:2-53 of the Administrative Code for children identified as Indian. Services provided shall be specifically designed for the Indian family if available, including resources of the extended family, the tribe, Indian organizations, tribal family service programs and individual Indian caregivers.

(K) If sufficient information is not available to complete any element contained on the family case plan, the PCPA shall do all of the following:

(1) Specify in the family case plan developed pursuant to paragraph (E) of this rule, the additional information needed in order to complete all parts of the family case plan and the steps needed to obtain the missing information and file with the court.

(2) Obtain the missing information, complete the missing elements of the family case plan, and submit to the courts no later than thirty days after the adjudicatory hearing or by the date of the dispositional hearing.

(L) If a family case plan is required pursuant to paragraph (A)(5) of this rule and the PCPA has not placed the child, who is under six months of age, for adoption within six months at the time the JFS 01666 is executed without juvenile court approval; the PCPA shall file a request for a review hearing and file the family case plan.

(M) The family case plan shall serve as the permanency plan for the child.

(N) Once the court journalizes the family case plan, the parties including PCPA staff, are bound by the provisions outlined in the journalized family case plan. Failure to comply with the family case plan by any party to the family case plan may result in a finding of contempt of court.

(O) The PCPA shall complete contact in accordance with the following:

(1) For court-ordered protective supervision cases the PCPA shall:

(a) Complete face-to-face contact with each custodial parent, non-custodial parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the family case plan no less than monthly to monitor progress of the family case plan objectives.

(b) Complete at least one contact every other month in the child's custodial parent, non-custodial parent, guardian, or custodian's home, or if applicable, pre-finalized adoptive parent's home.

(2) For cases with children in temporary custody of the PCPA, the PCPA shall:

(a) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(b) Complete face-to-face contact with each custodial parent, non-custodial parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the family case plan no less than monthly to monitor progress of the family case plan objectives.

(c) Complete at least one contact every other month in the child's custodial parent, non-custodial parent, guardian, or custodian's home, or if applicable, pre-finalized adoptive parent's home.

(3) For cases with children in the permanent custody of the PCPA, the PCPA shall:

(a) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(b) Complete face-to-face contact with the child pursuant to rule 5101:2-48-17 of the Administrative Code as applicable.

(P) If the initial attempt to complete face-to-face contact pursuant to paragraph (O) of this rule is unsuccessful, the PCPA shall make a minimum of two additional attempts to complete the face-to-face contacts within the calendar month.

(Q) For an adult who is a party to the family case plan where minimum face-to-face contacts are not able to be completed pursuant to paragraph (O) of this rule and the attempts of face-to-face contact pursuant to paragraph (P) of this rule have been completed, the subsequent month(s) the PCPA is to identify and document the following information and provide regulatory review of the contact status with the individual in the case record:

(1) The case circumstance, identifying the barrier to completing face-to-face contact.

(2) Identify alternative forms of contact, if possible, to be completed with the individual in lieu of the face-to-face contact (telephone, video conference, electronic communication, etc),

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual,

(4) Supervisory approval.

(R) The PCPA may suspend home visits with the child's custodial parent, non-custodial parent, guardian, or custodian of a child in PCPA custody if conducting visits in the home presents a threat to the safety of the caseworker. A written justification to suspend visits in the home shall be documented in the case record and shall include all of the following:

(1) Identification of the specific threat to the caseworker's safety and the person posing the threat.

(2) Identify alternative forms of contact, if possible, to be completed with the individual in lieu of face-to-face contact (telephone, video conference, electronic communication, etc.).

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual.

(4) Authorization of the executive director or his or her designee to suspend home visits.

(S) If home visits are suspended pursuant to paragraph (R) of this rule, the PCPA shall complete face-to-face contact with the child's custodial parent, non-custodial parent, guardian, or custodian no less than monthly in a location that assists in ensuring the safety of the caseworker.

(T) If a voluntary family case plan had been implemented pursuant to rule 5101:2-38-01 of the Administrative Code and the PCPA determines the involvement of the court is necessary, the PCPA shall update the family case plan by recording the revisions to the family case plan and submit the updated family case plan to the court within fourteen days of the event listed in paragraph (A) of this rule.

(U) The PCPA shall contact the parties to the family case plan as outlined in paragraph (C) of this rule and seek agreement and obtain the signatures of the parties to the family case plan for any update to the family case plan if any of the following occurs:

(1) The conditions of the child or the child's custodial parent, non-custodial parent, guardian or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the child's legal status or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes that family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; reunified with the child's custodial parent, non-custodial parent, guardian, or custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of fourteen, has had a completed life skills assessment, and an independent living plan is developed pursuant to rule 5101:2-42-19 of the Administrative Code.

(5) The child attains the age of sixteen and the court orders the PCPA to place the child in a planned permanent living arrangement.

(6) A change in the visitation plan for a child.

(7) A party must be added or removed from the family case plan.

(V) The PCPA shall record on the family case plan the reasons for any agreed upon update made and submit the update to the court within seven days of the agreement.

(W) If agreement as described in paragraph (U) of this rule is not obtained, the PCPA shall request a change in the family case plan by filing the proposed change with the court and do the following:

(1) Provide written notice of the proposed change to all parties listed in paragraph (C) of this rule.

(a) Indicate in writing the proposed change which shall be provided no later than the close of business of the day after the proposed change is filed with the court.

(b) Notify parties to the family case plan outlined in paragraph (C) of this rule; that if a party disagrees with the change in the family case plan, the party may request a court hearing of the proposed change within seven days of the filing with the court, not including the date of filing.

(2) The PCPA may implement the update fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(c) The court journalizes the family case plan amendment.

(X) In an emergency situation or if a child is in immediate danger of serious harm, the PCPA shall implement the change, update the family case plan, and do all of the following:

(1) Notify all parties to the family case plan as outlined in paragraph (C) of this rule and the court of the change no later than the next day.

(2) File a statement of the change with the court within three days of the change.

(3) Provide to all parties to the family case plan as outlined in paragraph (C) of this rule the following:

(a) A copy of the statement filed with the court within three days of the change.

(b) Notification that if any party disagrees with the change in the family case plan, the party has ten days to object to the change and to request a court hearing.

(4) Continue to implement the change unless the court disapproves.

(5) Revert back to implementing the provisions of the journalized family case plan if the court does not approve the change.

(Y) The PCPA shall review the progress of achieving the family case plan objectives and services pursuant to rule 5101:2-38-09 of the Administrative Code and complete the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (SAR) pursuant to rule 5101:2-38-04 of the Administrative Code.

(Z) The PCPA is to document the permanency plan and the concurrent plan objective for a child in temporary custody when the primary permanency plan is reunification on the family case plan effective on or after January 1, 2023. The concurrent plan is to be documented in the case record and reviewed during the SAR. The concurrent plan is an additional plan to achieve permanency for the child in the event the primary permanency case plan goal is unable to be achieved.

(AA) For children in permanent custody, the PCPA shall document efforts to locate an adoptive placement or other planned permanent living arrangement in the family case plan.

(BB) The PCPA shall maintain a copy of the original family case plan, all amendments, documentation of the face-to-face contacts, home visits, including attempted contacts and home visits to monitor progress of the family case plan objectives in the case record.

(CC) Upon determining case closure the PCPA shall notify all parties of the family case plan as outlined in paragraph (C) of this rule of the case closure and document in the case record the date and method of notification.

Last updated January 3, 2023 at 9:04 AM

Supplemental Information

Authorized By: 2151.416
Amplifies: 2151.3522, 2151.412, 5103.15
Five Year Review Date: 2/1/2027
Prior Effective Dates: 1/1/1989, 3/18/1999 (Emer.), 4/17/2006

Rule 5101:2-38-08 | Child's education and health information.

• Effective: December 15, 2020
• Promulgated Under: 119.03

(A) The public children services agency (PCSA) shall complete and distribute the JFS 01443 "Child's Education and Health Information" form when a child is placed in a substitute care setting.

(B) The PCSA shall revise or update the JFS 01443 when any of the following occur:

(1) A semiannual administrative review is conducted pursuant to rule 5101:2-38-10 of the Administrative Code.

(2) There is a placement change.

(3) There is change in or new information regarding the child's health.

(4) There is change in or new information regarding the child's education or school.

(C) The JFS 01443 shall contain the most recent information available regarding a child's medical history including, but not limited to, the following:

(1) Name(s) and address(es) of the child's health care provider(s).

(2) Child's known medical problems.

(3) Child's medications.

(4) A record of the child's immunizations.

(5) Any other pertinent health information concerning the child such as:

(a) Child's medication allergies and any other known allergies.

(b) Childhood illnesses.

(c) Child's last physical, optical, and dental exams.

(d) Child's ongoing care or specialist appointments.

(D) The JFS 01443 shall contain the most recent information available regarding a child's educational placement and services including, but not limited to, the following:

(1) Name and address of the child's educational provider at the time of placement.

(2) Name(s) and address(es) of the child's current educational provider(s), if the child did not remain in the school the child was attending at the time of placement.

(3) Documentation of efforts made to maintain the child in the same school the child was attending at the time of placement, or reasons why remaining in the same school was not in the child's best interest.

(4) Documentation that the current educational setting is appropriate for the child's needs or that the agency is working to arrange immediate enrollment in an appropriate educational setting.

(5) Child's grade level performance.

(6) Child's school records, including, but not limited to the following:

(a) Child's grade level.

(b) Disciplinary and behavior issues.

(c) Attendance.

(7) Any other pertinent educational information concerning the child's educational placement and services, including, but not limited to the following:

(a) Special education requirements.

(b) Any developmental delays or learning disabilities.

(E) If there are circumstances in which the most recent health and education records are unavailable, the PCSA shall provide written documentation on the JFS 01443 describing the reasons why this information is unavailable, and the steps being taken by the PCSA to obtain such information. Upon receiving the updated information, the PCSA shall complete the JFS 01443 within three business days.

(F) The PCSA shall provide the parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and the substitute caregiver with a copy of the completed JFS 01443 at the time the case plan document is completed pursuant to rule 5101:2-38-05 of the Administrative Code and any time the JFS 01443 is updated pursuant to paragraphs (B) and (E) of this rule. A copy of the updated form shall be provided to the parent, guardian, or custodian, or if applicable pre-finalized adoptive parent, and substitute caregiver no later than seven days after the PCSA received the information and completed the JFS 01443.

(G) The PCSA shall provide foster children aging out of the system with a copy of the most recent JFS 01443 free of charge and document the activity in the statewide automated child welfare information system (SACWIS).

(H) If the PCSA determines sharing identifying information contained on the JFS 01443 may result in adverse or negative consequences to the child, the PCSA may redact any information identifying the current school of attendance or the medical provider from the copy of the JFS 01443 form provided to the parent, guardian, or custodian. A statement providing full explanation of the reasons for not sharing this information shall be documented in SACWIS.

Supplemental Information

Authorized By: 2151.412, 2151.421, 5103.03, 5153.166
Amplifies: 2151.412, 2151.421, 5103.03, 5153.16
Five Year Review Date: 12/15/2025
Prior Effective Dates: 10/1/1997, 4/1/2001

Rule 5101:2-38-09 | PCSA requirements for completing the case review.

• Effective: September 10, 2021
• Promulgated Under: 119.03

(A) Each public children services agency (PCSA) required to prepare a "Family Case Plan" for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code, shall complete the "Case Review" for the case plan no later than every ninety days from whichever of the following activities occurs first:

(1) Date the original PCSA court complaint was filed.

(2) Date of placement.

(3) Date of court ordered protective supervision.

(4) Date of parent, guardian, or custodian's signature on the "Family Case Plan," for in-home supportive services only.

(B) The PCSA is to approve the "Case Review" within five working days from the date of submission in the statewide automated child welfare information system "SACWIS."

(C) The PCSA shall continue to complete the "Case Review" no later than every ninety days from the date established pursuant to paragraph (A) of this rule. The PCSA may review cases utilizing the "Case Review" more frequently based upon PCSA policy or if the PCSA determines case circumstances require it.

(D) The PCSA shall complete the "Case Review" in conjunction with the "Semiannual Administrative Review (SAR)" according to the time frames outlined in rule 5101:2-38-10 of the Administrative Code.

(E) The PCSA shall complete the "Case Review" at the time of case closure unless:

(1) The case is closed within thirty days after completion of the prior "Case Review" and the intent to close the case is documented on the "Case Review."

(2) The case is closed prior to completion of the "Family Case Plan" and the timeframe for "Family Case Plan" completion has not lapsed pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code.

(F) The PCSA shall document the "Case Review" in the statewide automated child welfare information system (SACWIS).

Last updated September 10, 2021 at 8:21 AM

Supplemental Information

Authorized By: 2151.416, 5153.166
Amplifies: 2151.416, 5153.16
Five Year Review Date: 9/10/2026
Prior Effective Dates: 10/1/2009

Rule 5101:2-38-10 | PCSA requirements for completing the semiannual administrative review.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) Each public children services agency (PCSA) required to prepare a "Family Case Plan" for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code shall complete the JFS 01412 "Semiannual Administrative Review (SAR)" for the "Family Case Plan."

(B) The PCSA shall complete the SAR no later than every one hundred eighty days from whichever of the following activities occurs first:

(1) Date the original PCSA court complaint was filed.

(2) Date of placement.

(3) Date of court ordered protective supervision.

(4) Date of parent, guardian, or custodian's signature on the "Family Case Plan" for in-home supportive services only.

(C) The PCSA shall continue to complete the SAR no later than every one hundred eighty days from the date established pursuant to paragraph (B) of this rule.

(D) The PCSA shall complete the SAR no more than thirty days prior to the due date.

(E) The PCSA shall complete the "Case Review" in conjunction with the SAR.

(F) The PCSA is to approve the SAR within five working days from the date of submission in SACWIS.

(G) The PCSA is to provide at least seven days' notice prior to the SAR including date, time, and place convenient to the family to all of the following:

(1) For in-home supportive services cases, all parties to the "Family Case Plan" as outlined in paragraph (C) of rule 5101:2-38-01 of the Administrative Code.

(2) For protective supervision and substitute care cases:

(a) All parties to the "Family Case Plan" as outlined in paragraph (C) of rule 5101:2-38-05 of the Administrative Code.

(b) The substitute caregiver, as defined in rule 5101:2-1-01 of the Administrative Code.

(c) For substitute care cases in which the child is age fourteen and older, two individuals as outlined in paragraph (G)(1)(c) of rule 5101:2-38-05 of the Administrative Code.

(d) The permanency team members for a child placed in an approved qualified residential treatment program (QRTP) pursuant to rule 5101:2-42-12 of the Administrative Code.

(H) The PCSA does not have to include any individual listed in paragraph (G) of this rule if any of the following apply:

(1) Cannot be located after reasonable efforts to do so;

(2) Declines to participate in the SAR after being contacted; or

(3) Fails to appear for the scheduled review.

(I) For a child adjudicated as a deserted child, pursuant to section 2151.3519 of the Revised Code, an invitation and participation of the child and parent in the SAR is not required.

(J) For in-home supportive services cases, a review panel of at least two people is to conduct the SAR. The review panel is to include but not be limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the "Family Case Plan,"

(2) A supervisor or designee.

(K) For protective supervision and substitute care cases, a review panel of at least three people is to conduct the SAR. The review panel is to include but not be limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the "Family Case Plan."

(2) A person, not responsible for the management of the "Family Case Plan," or the delivery of services to the child, the child's parent, guardian, custodian, pre-finalized adoptive parent, or substitute caregiver.

(3) A supervisor or designee.

(L) A court hearing may take the place of a SAR with the individuals listed in paragraph (K) of this rule if all of the following requirements are met:

(1) The hearing is held in time to comply with paragraph (B) of this rule.

(2) Notification is made to the parties to the "Family Case Plan" as outlined in paragraph (C) of rule 5101:2-38-05 of the Administrative Code.

(3) During the hearing, the court addresses each of the issues stated in paragraph (N) of this rule.

(4) The court hearing documents each issue either on the SAR or by journal entry.

(M) For in-home supportive services cases, the PCSA shall provide a copy of the SAR to all parties outlined in paragraph (G)(1) of this rule no later than seven days after completion of the SAR.

(N) For protective supervision and substitute care cases the PCSA shall:

(1) File with the court a copy of the SAR no later than seven days after completion of the SAR and shall include a copy of the updated "Family Case Plan" as applicable.

(2) Provide a copy of the SAR to all parties to the "Family Case Plan" in accordance with paragraph (G)(2)(a) of this rule, before the end of the next business day, after filing the SAR with the court.

(3) Indicate, in writing, the parties identified in paragraph (G)(2)(a) of this rule shall have seven days after the date the notice is sent to object to proposed changes made in the "Family Case Plan" as a result of the SAR and request a hearing on the proposed change.

(O) For cases with an active concurrent plan the PCSA will review and complete applicable updates within each SAR.

(P) The PCSA shall maintain a copy of the SAR and any resultant updates to the "Family Case Plan" in SACWIS.

Last updated January 3, 2023 at 9:04 AM

Supplemental Information

Authorized By: 2151.416, 2151.412
Amplifies: 2151.412, 2151.416
Five Year Review Date: 9/10/2026
Prior Effective Dates: 7/1/1992, 3/18/1999 (Emer.), 12/1/2001, 3/1/2006

Rule 5101:2-38-20 | PCSA requirements for providing on-going services in alternative response.

• Effective: August 1, 2020
• Promulgated Under: 119.03

(A) The PCSA shall complete and implement the following planning and review tools with the child's parent, guardian, or custodian agreement for screened in child abuse and neglect reports assigned to the alternative response pathway to receive ongoing services:

(1) The "Comprehensive Assessment Planning Model - I.S., Family Case Plan" ("Family Case Plan").

(2) The "Comprehensive Assessment and Planning Model - I.S., Case Review" ("Case Review").

(3) The "Comprehensive Assessment Planning Model - I.S., Ongoing Case Assessment" ("Ongoing Case Assessment").

(B) The PCSA shall complete and implement the "Family Case Plan" no later than thirty days from the completion of the "Comprehensive Assessment Planning Model - I.S., Family Assessment" ("Family Assessment").

(C) The PCSA shall obtain agreement on the contents of the "Family Case Plan"; obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the "Family Case Plan" within seven days of the agreement.

(D) The PCSA shall update the "Family Case Plan" if there is any change in the following:

(1) Services.

(2) Participants.

(3) Service goal.

(4) Service activities.

(5) The safety or risk to the child resulting in legal intervention.

(E) The PCSA shall do all of the following if updating the "Family Case Plan" :

(1) Contact the child's parent, guardian, or custodian and seek agreement for the update of the "Family Case Plan."

(2) Obtain signatures from the child's parent, guardian or custodian.

(3) Implement the change once the parent, guardian, or custodian agrees to the change.

(4) Provide each parent, guardian, or custodian with a copy of the updated "Family Case Plan" within seven days of the agreement not including the date of signature.

(F) If the PCSA and the child's parent, guardian, or custodian no longer agree on the service or case plan, the PCSA shall do one of the following:

(1) Discontinue supportive services and close the case.

(2) File a complaint with the court pursuant to section 2151.27 of the Revised Code if the child is an abused, neglected, or dependent child or may become abused, neglected or dependent; and intervention of the court is needed for the child's protection.

(G) The PCSA shall make face-to-face contact with each parent, guardian or custodian, and child participating in and being provided services through the "Family Case Plan," at least one time each calendar month to monitor progress on the "Family Case Plan." At least one contact every two months shall be made in the child's home.

(H) The PCSA shall convert a case from the alternative response pathway to the traditional response pathway if any of the following occurs:

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

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

(3) The PCSA receives an order from the juvenile court.

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

(I) The PCSA shall record a pathway switch in SACWIS no later than the next business day from the date of the event triggering the conversion of a case from the alternative response pathway to the traditional response pathway.

(J) The PCSA shall review the progress on the "Family Case Plan" no later than every ninety days after the completion date of the "Family Assessment" by completing the "Case Review."

(K) The PCSA shall complete the "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review (SAR)" no later than every one hundred eighty days from completion of the "Family Assessment." The PCSA will invite parties to the family case plan and provide a copy pursuant to paragraphs (I) and (L) of rule 5101:2-38-10 of the Administrative Code.

(L) The SAR shall, at a minimum, include the following individuals:

(1) A caseworker who has a connection with the family and knowledge of the "Family Case Plan."

(2) A supervisor or designee.

(M) If the PCSA determines a child to be in immediate danger of serious harm during the provision of ongoing services, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(N) The PCSA shall do all of the following to close a case:

(1) Complete the "Case Review" to assess there are no active safety threats and the overall level of risk is reduced.

(2) Notify parties to the "Family Case Plan" of the intent to close the case.

(O) The PCSA shall complete the "Family Case Plan", "Case Review", SAR, "Ongoing Case Assessment," documentation of the face-to-face contacts, including all attempts to monitor progress of the case or "Family Case Plan" objectives in SACWIS.

Supplemental Information

Authorized By: 2151.429, 5153.16, 5153.166
Amplifies: 2151.429, 5153.16, 5153.166
Five Year Review Date: 8/1/2025
Prior Effective Dates: 5/30/2014