Current through all regulations passed and filed through September 16, 2024
(A) The county
child abuse and neglect memorandum of understanding, hereinafter referred to as
the memorandum, is a document that sets forth the normal operating procedures
to be employed by all concerned officials in the execution of their respective
responsibilities when conducting a child abuse or
neglect assessments/investigations. The purpose of the memorandum is to
delineate clearly the role and responsibilities of each official or agency in
assessing or investigating child abuse or neglect in the county. The respective
duties and requirements of all involved shall be addressed in the
memorandum.
(B) Each public
children services agency (PCSA)
is to prepare a memorandum
and submit it to Ohio department of job and family
services (ODJFS) before December thirty-first of each biennial year. PCSAs may
complete the JFS 01425 "Model Memorandum of Understanding" using JFS 01425I
"Instructions for the Model Memorandum of Understanding." The PCSA may create a
template in lieu of the JFS 01425, containing all requirements outlined in the
JFS 01425.
(C)
The memorandum is
to be signed by the following parties:
(1)
The juvenile judge of the county or the juvenile
judge's representative with approval from the juvenile judge; or if there is
more than one juvenile judge in the county, a juvenile judge or the juvenile
judge's representative selected by the juvenile judges or, if they are unable
to do so for any reason, the juvenile judge who is senior in point of service
or the senior juvenile judge's representative.
(2)
The county peace
officer.
(3)
Chief peace officers of all political subdivisions
within the county.
(4)
Other law enforcement officers, designated by the chief
of their department, assigned to investigate child abuse and neglect cases in
the county.
(5)
The prosecuting attorney of the county.
(6)
The
PCSA.
(7)
If the PCSA is not the county department of job and
family services (CDJFS), the CDJFS.
(8)
The local animal
cruelty reporting agency.
(9)
If the PCSA participated in the execution of a
memorandum under section
2151.426 of the Revised Code
establishing a children's advocacy center, each participating member of the
children's advocacy center.
(D)
The clerk of the
court of common pleas in the county may sign the memorandum.
(E)
The memorandum shall include all of the following:
(1) A statement that failure to follow
procedures set forth in the memorandum by the concerned officials is not
grounds for, and shall not result in the dismissal of any charges or complaints
arising from any reported case of abuse or neglect or the suppression of any
evidence obtained as a result of any reported child abuse or neglect and does
not give, and shall not be construed as giving, any rights or grounds for
appeal or post-conviction relief to any person pursuant to section
2151.4223 of the Revised
Code.
(2) The PCSA's system for
receiving reports of child abuse and neglect twenty-four hours per day, seven
days per week. If the PCSA contracts with an outside source to receive
after-hour calls, a copy of a signed agreement shall be attached to the
memorandum which indicates that all reports with identifying and demographic
information of the reporter and principals of the report will be forwarded to a
designated PCSA worker within an hour of receipt and that confidentiality
requirements will be met. In addition, when the PCSA contracts with an outside
source, the PCSA shall include in the memorandum its system for informing the
general public of the after-hours phone number, as applicable.
(3) The roles and responsibilities of all
concerned officials for responding to emergency and non-emergency reports of
child abuse and neglect pursuant to section
2151.4221 of the Revised
Code.
(4) A system for
consultation among subscribers as it is deemed necessary to protect children.
The county's system for consultation shall include at a minimum the PCSA's
protocol for consulting with law enforcement, the prosecuting attorney's
office, the juvenile judge, and if applicable, the children's advocacy center
established pursuant to section
2151.426 of the Revised Code,
for any cases which may require their intervention or assistance.
(5) Standards and procedures for handling and
coordinating joint investigations of reported cases of child abuse and neglect
including sharing of investigative reports and procedures specific to cases
which:
(a) Involve out-of-home care child
abuse or neglect.
(b) Involve third
party investigative procedures and the assistance of law enforcement including
addressing instances where law enforcement declines to assist the
PCSA.
(c) Require law enforcement
to respond immediately.
(d) Involve
a child death in which abuse or neglect is suspected as the cause of
death.
(e) Involve alleged
withholding of medically indicated treatment from disabled infants with
life-threatening conditions.
(i)
Gathering and maintaining current information regarding
the name, address, and telephone number of each appropriate health care
facility within its jurisdiction.
(ii)
Identifying and
maintaining current data regarding the name, title, and telephone number of
each facility's contact person for allegations involving alleged withholding of
medically indicated treatment from disabled infants with life-threatening
conditions.
(iii)
Identifying and maintaining the name and chairperson of
the appropriate health care facility's review committee, if such a committee
exists.
(iv)
Internal PCSA procedures for intervening in cases
involving alleged withholding of medically indicated treatment from disabled
infants with life-threatening conditions.
(f) Involve the death of a child who is in
the custody of the PCSA in accordance with rule
5101:2-42-89 of the
Administrative Code.
(g) Involve
alleged child abuse and/or neglect constituting a crime against a child,
including human trafficking, and require a joint assessment/ investigation with
law enforcement. The procedures shall include a statement of assurance as to
how the PCSA will ensure child safety and not compromise the child protective
assessment/investigation while concurrently assisting law enforcement with the
criminal investigation.
(6) A statement addressing the PCSA's policy
for requesting the assistance of law enforcement, which may include, but is not
limited to:
(a) The PCSA has reason to believe
the child is in immediate danger of serious harm.
(b) The PCSA has reason to believe the worker
is, or will be in danger of harm.
(c) The PCSA has reason to believe that a
crime is being committed, or has been committed against a child.
(d) An exigent circumstance exists.
(e) The PCSA worker must conduct a home visit
after regular PCSA business hours and a law enforcement escort is requested as
a standard operating procedure.
(f)
The PCSA is removing a child from his or her family via an order of the court
and the assistance of law enforcement is needed as the PCSA has reason to
believe the family will challenge the removal.
(g) The PCSA is working with a client who has
a propensity toward violence and the assistance of law enforcement is needed to
ensure the safety of all involved.
(h) The PCSA is working with a family that
has historically threatened to do harm to PCSA staff.
(7) A statement regarding the processes and
procedures to attempt to ensure the assistance of law enforcement is obtained
timely in cases where child abuse or neglect is alleged in order to ensure
child safety and conduct investigative activities within the maximum sixty day
time frame afforded PCSAs to complete abuse/neglect assessment/investigations
pursuant to Chapter 5101:2-36 of the Administrative Code.
(8) Methods to be used in interviewing the
child who is the subject of the report.
(9) Standards and procedures addressing the
categories of persons who may interview the child who is the subject of the
report.
(10) A system for the
elimination of all unnecessary interviews of a child who is the subject of the
report.
(11) A system for receiving
and responding to reports involving:
(a)
Individuals who aid, abet, induce, cause, encourage, or contribute to a child
or a ward of the juvenile court :
(i) Becoming a
dependent or neglected child.
(ii)
Becoming an unruly or delinquent child.
(iii) Leaving the custody of any person,
department, or public or private institution without the legal consent of that
person, department, or institution.
(b) Missing children.
(12) Standards and procedures for removing
and placing children on an emergency and non-emergency basis.
(13) The PCSA's system for notifying the
county prosecuting attorney or city director of law when any mandated reporter
of child abuse or neglect fails to report suspected or known child abuse or
neglect.
(14) The PCSA's system for
notifying the county prosecuting attorney or city director of law when there is
unauthorized dissemination of confidential PCSA information.
(F) In accordance with
rule 5101:2-5-13.1 of the
Administrative Code, the memorandum may address how the PCSA would continue to
maintain operations including, but not limited to, receiving and investigating
child abuse and/or neglect reports in the event of a disaster.
(G)
The PCSA is to ensure that every official pursuant to
paragraphs (C) and (D) of this rule biennially:
(1)
Reviews and evaluates the memorandum for updates to terms
and procedures;
(2)
Updates the memorandum terms and procedures, if it is
determined that an update is necessary;
(3)
Signs the
reviewed memorandum.
(H)
Upon obtaining
the required signatures, the PCSA is to submit the signed memorandum to the
board of county commissioners for approval.
(I)
The PCSA is to
submit a copy of the memorandum to Ohio department of job and family services
(ODJFS) within thirty days from the board of county commissioners' approval and
before December thirty-first each biennium for compliance
determination.
(J)
If ODJFS determines the memorandum to be compliant
pursuant to section 2151.4230 of the Revised Code,
the memorandum is considered effective and supersedes any previous memorandum.
The PCSA is to post the memorandum to the general web site of the county within
thirty days from the compliance determination.
(K)
If ODJFS
determines the memorandum is non-compliant, the PCSA is to submit a compliance
assurance plan not later than sixty days from the date ODJFS determined the
memorandum non-compliant.
(L)
If there is a change to an individual who signed the
memorandum pursuant to paragraphs (C) and (D) of this rule the PCSA is to
provide the new individual with a copy of the current memorandum and obtain
their signature acknowledging the memorandum. The new individual remains bound
by the most recently approved version of the memorandum for the remainder of
the biennium.
(M)
If any required official refuses to sign the agreement,
the PCSA is to document the reason(s) for the refusal to sign.
(N)
If the PCSA
revises a previously approved memorandum, the PCSA is to obtain all required
signatures and submit a copy of the revised memorandum to ODJFS within ninety
days.
