(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.