Current through all regulations passed and filed through September 16, 2024
(A) Each referral,
assessment/investigation and provision of services related to reports of child
abuse, neglect, dependency, or family in need of services (FINS) is
confidential. Information contained in the statewide automated child welfare
information system (SACWIS) is confidential pursuant to section
5101.131 of the Revised Code.
This information may be shared only when dissemination is authorized by this
rule.
(B) If any information is
disseminated, the public children services agency (PCSA) shall notify the
receiver of the information that all of the following apply:
(1) The information is confidential and is
not subject to disclosure pursuant to section
149.43 or
1347.08 of the Revised Code by
the agency to whom the information was disclosed.
(2) Unauthorized dissemination of the
contents of the information is in violation of section
2151.421 of the Revised
Code.
(3) Anyone who permits or
encourages unauthorized dissemination of the contents of the information
violates section 2151.99 of the Revised Code and
such a violation is a misdemeanor of the fourth degree.
(C) The PCSA shall document in SACWIS that
the dissemination of information occurred.
Documentation shall include a summary of all of the
following:
(1) The specific
information disseminated.
(2) The
date the information was disseminated.
(3) The agency, organization, or individual
to whom the information was disseminated.
(4) The reason for the dissemination of
information.
(5) If required,
written authorization to disseminate information pursuant to paragraphs (H) and
(R) of this rule.
(D)
When any person commits, causes, permits, or encourages unauthorized
dissemination of information, the PCSA shall give written notification of such
unauthorized dissemination to the county prosecutor or city director of law and
the Ohio department of job and family services (ODJFS). A copy of the written
notification shall be maintained in the case record.
(E) The PCSA shall not release the identities
of the referent/reporter, and any person providing information during the
course of an assessment/investigation shall remain confidential. The identities
of these individuals shall not be released or affirmed by the PCSA to any party
without the written consent of the individual(s) involved, except to those
individuals outlined in paragraph (F) of this rule.
(F) The PCSA shall release child welfare
information to the following persons or entities:
(1) ODJFS staff with supervisory
responsibility in the administration of Ohio's child welfare program.
(2) Law enforcement officials who are
investigating a report of child abuse or neglect or that a person violated
section 2921.14 of the Revised Code by
knowingly making or causing another person to make a false report.
(3) The county prosecutor who is
investigating a report of child abuse or neglect or that a person violated
section 2921.14 of the Revised Code by
knowingly making or causing another person to make a false report.
(4) Any PCSA or children services agency
(CSA) assessing/investigating a child abuse or neglect report involving a
principal of the case.
(5) The
court, for the purpose of the issuance of a subpoena to the
referent/reporter.
(G)
The PCSA shall promptly disseminate all information determined to be relevant,
except as specified in paragraph (E) of this rule, to any federal, state, or
local governmental entity, or any agent of such entity, with a need for such
information in order to carry out its responsibilities under law to protect
children from abuse and neglect including but not limited to:
(1) Law enforcement officials, as set forth
in the child abuse and neglect memorandum of understanding, to investigate a
PCSA report of child abuse or neglect, a report of a missing child, or a report
that a person has violated section
2921.14 of the Revised Code, by
knowingly making or causing another person to make a false report of child
abuse or neglect.
(2) The county
prosecutor, to provide legal advice or initiate legal action on behalf of an
alleged child victim; and to prosecute any person who has violated section
2921.14 of the Revised Code, by
knowingly making or causing another person to make a false report of child
abuse or neglect.
(3) A guardian ad
litem or court appointed special advocate pursuant to
section 2151.281 of the Revised Code and
the Ohio rules of superintendence rule 48.
(4) Any PCSA or CSA as defined in rule
5101:2-1-01 of the
Administrative Code, which is currently assessing/investigating a report of
child abuse or neglect involving a principal of the case or providing services
to a principal of the case. In an emergency situation, the requested
information may be released by telephone to a verified representative of a CSA.
The PCSA releasing information will verify the identity, job title and
authority/job duties of the CSA representative prior to releasing any
information. All of the following information shall be released:
(a) The name and role of each principal of
the case registered in any prior report.
(b) The date, allegation and disposition of
each report or allegation.
(c) The
name and telephone number of the county PCSA that conducted an
assessment/investigation or provided services for each report.
(5) A coroner, to assist in the
evaluation of a child's death due to alleged child abuse and/or
neglect.
(6) Child abuse and
neglect multidisciplinary team members, for consultation regarding
investigative findings or the development and monitoring of a case
plan.
(7) Public service providers
working with a parent, guardian, custodian or caretaker or children of the
family about whom the information is being provided, including but not limited
to:
(a) Probation officers and caseworkers
employed by the court, adult parole authority, rehabilitation and corrections,
or the department of youth services.
(b) Employees of the local county boards of
developmental disabilities and employees of the local county boards of alcohol
drug addiction and mental health.
(8) A school administrator or designee
for any child
in the custody of the PCSA pursuant to rule
5101:2-42-90 of the
Administrative Code and the Every Student Succeeds Act of 2015,
20
U.S.C. 6311(g)(1)(E)
.
(9) The licensing and supervising authorities
of a public or non-public out-of-home care setting in which child abuse or
neglect is alleged to have occurred.
(10) The approving authority of a kinship
care setting in which child abuse or neglect is alleged to have
occurred.
(11) Administrators of
public out-of-home care settings in which child abuse or neglect is alleged to
have occurred including but not limited to:
(a) Psychiatric hospitals managed by the Ohio
department of mental health.
(b)
Institutions managed by county courts for unruly or delinquent
children.
(c) Institutions managed
by the Ohio department of youth services.
(d) Institutions or programs managed by the
Ohio department of developmental disabilities or local boards of developmental
disabilities.
(12) Child
abuse citizen review boards upon request.
(13) A child fatality review board recognized
by the Ohio department of health, upon request except when a county prosecutor
intends to prosecute or a judge prohibits release according to procedures
contained in sections
5153.171,
5153.172 and
5153.173 of the Revised
Code.
(14) A grand jury or court,
as ordered.
(15) A children's
advocacy center, as set forth in the PCSA child abuse and neglect memorandum of
understanding, to comply with the protocols and procedures for receiving
referrals and conducting investigations, to coordinate activities, and to
provide services for reports alleging sexual abuse or other types of
abuse.
(16) A CDJFS, for child care
licensure pursuant to section
5153.175 of the Revised Code and
for joint planning and sharing of information pursuant to rule
5101:2-33-28 of the
Administrative Code.
(H)
Except as specified in paragraph (E) of this rule or if disclosure would
jeopardize a criminal investigation or proceeding, the PCSA shall promptly
disseminate all information it determines to be relevant to an individual or
agency, with written authorization from the PCSA director
or designee, when it is believed to be in the
best interest of any of the following:
(1) An
alleged child victim, a child subject of the report, the family, or the
caretaker.
(2) Any child residing
within, or participating in an activity conducted by an out-of-home care
setting when necessary to protect children in that setting.
(3) A child who is an alleged
perpetrator.
(I) Upon
receiving a request for disclosure to the public regarding the findings or
information about a case of child abuse or neglect which has resulted in either
a child fatality or a near fatality that, as certified by a physician, placed
the child in serious or critical condition, the PCSA shall prohibit disclosure
of such information if it is determined by the PCSA that any of the following
would occur:
(1) Harm to the child or the
child's family.
(2) Jeopardize a
criminal investigation or proceeding.
(3) Interfere with the protection of those
who report child abuse or neglect.
(J) If the PCSA has determined to disclose to
the public information pursuant to paragraph (I) of this rule, the PCSA shall
provide all of the following:
(1) The cause
of and circumstances regarding the fatality or near fatality.
(2) The age and gender of the
child.
(3) Information describing
and the findings of any previous reports of child abuse or neglect
assessment/investigations that are pertinent to the child abuse or neglect that
led to the fatality or near fatality.
(4) Any services provided by the PCSA on
behalf of the child that are pertinent to the child abuse or neglect that led
to the fatality or near fatality.
(5) Any actions, including but not limited to
court filings, removals or implementation of safety plans on behalf of the
child that are pertinent to the child abuse or neglect that led to the fatality
or near fatality.
(K)
Upon request, the PCSA shall promptly disseminate to a mandated reporter, who
makes a report of child abuse or neglect, information pursuant to section
2151.421 of the Revised Code.
(1) Whether the PCSA has initiated an
investigation.
(2) Whether the PCSA
is continuing to investigate.
(3)
Whether the PCSA is otherwise involved with the child who is the subject of the
report.
(4) The general status of
the health and safety of the child who is the subject of the report.
(5) Whether the report has resulted in the
filing of a complaint in juvenile court or of criminal charges in another
court.
(L) The PCSA
shall promptly disseminate all information it determines to be relevant to the
principals of the case, in accordance with Chapter 5101:2-36 of the
Administrative Code, to inform them of the following:
(1) Each allegation contained in the
report.
(2) All report dispositions
resulting from the assessment/investigation.
(3) All case decisions resulting from the
alternative response assessment.
(M) The PCSA shall promptly disseminate all
information determined to be relevant, except as specified in paragraph (E) of
this rule, to all of the following persons or entities:
(1) The non-custodial parent of the alleged
child victim or child subject of the report, and children being provided
services by the PCSA when the PCSA believes such sharing would be in the best
interest of the child.
(2) A
physician, for the diagnostic assessment of a child where there is reason to
believe the child may be a victim of abuse or neglect.
(3) A private service provider, for
diagnostic evaluations of and service provision to the alleged child victim or
child subject of the report and his family.
(4) The administrator of a non-public
out-of-home care setting in which child abuse or neglect is alleged to have
occurred.
(5) A foster, relative
and non-relative caregiver, as required by rule
5101:2-42-90 of the
Administrative Code.
(6) The
superintendent of public instruction, pursuant to section
5153.176 of the Revised Code,
when the report involves a person who holds a license issued by the state board
of education where the agency has determined that child abuse or neglect
occurred and that abuse or neglect is related to the person's duties and
responsibilities under the license.
(N) The PCSA shall utilize information
outlined in paragraph (O) of this rule obtained from the alleged perpetrator
search within SACWIS for the purpose of a background check for any of the
following:
(1) Foster care licensure,
pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative
Code.
(2) An adoption homestudy,
pursuant to Chapter 5101:2-48 of the Administrative Code.
(3) A relative or non-relative caregiver
approval for placement, pursuant to rule
5101:2-42-18 of the
Administrative Code.
(O)
The PCSA shall consider reports that meet the following criteria when the
information is being used for a background check in accordance with paragraphs
(N) and (G) (16) of this rule:
(1)
Substantiated reports where the subject of the search was the alleged
perpetrator.
(2) Indicated reports
where the subject of the search was the alleged perpetrator.
(P) If releasing information
pursuant to paragraphs (N) and (G) (16) of this rule, the PCSA shall not
release any information pertaining to an unsubstantiated report or an
alternative response report.
(Q)
The PCSA shall refer any individual who inquires whether his or her name has
been placed or remains within SACWIS as the alleged perpetrator of
child abuse and/or neglect to ODJFS. An individual may submit a
request to ODJFS. The
request must contain the
following:
(1) The individual's full name, including
maiden and any other names utilized; address; date of birth and social security
number.
(2) A copy of two of the
following forms of identification, with at least one containing the
individual's social security number:
(a)
Social security card.
(b) Driver
license.
(c) State identification
card.
(d) Birth
certificate.
(e) Passport or travel
visa.
(R) At his or her sole
discretion, a PCSA director or designee may
disseminate information to a researcher in the area of child welfare, if the
information is determined to be relevant to the researcher, and the results of
the research will be beneficial to the county PCSA in administering child
welfare programs/services. Authorization of the dissemation shall be
documented. No direct access to SACWIS or any other state of Ohio database
shall be requested by or on behalf of, nor approved for or granted to, any
researcher pursuant to rule
5101:2-33-70 of the
Administrative Code. The PCSA shall disclose only the minimum information
needed by the researcher to perform the study, and, prior to disseminating
information to any researcher, the PCSA shall require the researcher to sign an
agreement which addresses all of the following:
(1) The researcher shall not disseminate
confidential information containing names or data by which any individual or
out-of-home care setting could be identified or deductively inferred.
(2) The PCSA shall review the research prior
to its dissemination or publication to ensure that the research is void of
names or data by which any individual or out-of-home care setting could be
identified or deductively inferred.
(3) The researcher shall accept liability for
unauthorized dissemination of information.
