Current through all regulations passed and filed through March 18, 2024
(A) A public
children services agency (PCSA) shall attempt to obtain, at a minimum, the
following information from a referent/reporter making a referral regarding
child safety, risk of child maltreatment or need for services in order to
determine an intake category and arrive at a screening decision. Receipt of all
of the following information is not required in order to screen in a report or
to categorize the information as information and/or referral:
(1) The name(s) and address(es) of the child
and his parent, guardian or custodian and all household members.
(2) The child's age.
(3) The child's and any family member's race
and ethnicity.
(4) The type,
extent, frequency, and duration of the abuse, neglect or dependency, as
applicable.
(5) Alleged
perpetrator's access to the child, if applicable.
(6) The child's current condition.
(7) The child's current location.
(8) Circumstances regarding the abuse,
neglect, or dependency or the circumstances indicating a need for PCSA
services.
(9) Information regarding
any evidence of previous injuries, abuse, or neglect.
(10) Any other information that might be
helpful in establishing the cause of the known or suspected injury, abuse, or
neglect or the known or suspected threat of injury, abuse, or neglect or the
case circumstances that support the family is in need of PCSA
services.
(B) The PCSA
may request that a referent/reporter providing information submit the
allegations in writing. The PCSA shall not delay making the screening decision
while waiting for the written information from the referent/reporter.
(C) All information reported to a PCSA
alleging known or suspected child abuse, neglect, or dependency, or indicating
a family is in need of PCSA services shall be recorded in the statewide
automated child welfare information system (SACWIS) as
an intake in accordance with the following:
(1) Referral information received shall be
recorded in SACWIS no later than the next working day from the date of the
receipt of the referral information.
(2) The original date and time the referral
information is received by the PCSA shall be reflected in SACWIS including the
actual date and time of the screening decision.
(D) If a PCSA receives a referral alleging
abuse or neglect of a child located in Ohio and the child's parent, guardian or
custodian resides in another state, the PCSA shall:
(1) Contact the children services agency
(CSA) and inform the CSA of the referral pursuant to rule
5101:2-36-13
of the Administrative Code.
(2) If
the referral is not accepted by the CSA where the child's parent, guardian or
custodian resides, the PCSA shall categorize and complete a screening decision
in accordance with this rule.
(E) If a PCSA receives a referral alleging an
incident of child abuse or neglect that occurred in Ohio, the child is located
outside of Ohio, and the child's parent, guardian or custodian resides in
another state, the PCSA shall:
(1) Contact
the CSA and inform the CSA of the referral pursuant to rule
5101:2-36-13
of the Administrative Code.
(2)
Make a referral to the law enforcement agency with jurisdiction if the referral
alleges a criminal offense.
(F) The PCSA shall categorize the information
received into one of the following intake categories:
(1) Child abuse and/or neglect report.
(a) Physical abuse, in accordance with
section 2151.031 of the Revised Code,
and any report alleging either of the following:
(i) An infant identified as affected by
legal or illegal substance abuse or withdrawal
symptoms resulting from prenatal or postnatal substance
exposure pursuant to rule
5101:2-1-01
of the Administrative Code
.
(ii) An infant
diagnosed with a fetal alcohol spectrum disorder.
(b) Physical abuse, shaken baby, in
accordance with section
2151.031 of the Revised Code.
(c) Sexual abuse, in accordance
with section 2151.031 of the Revised Code and
Chapter 2907. of the Revised Code.
(d) Emotional maltreatment/mental injury, in
accordance with section
2151.011 or
2151.031 of the Revised
Code.
(e) Neglect, in accordance
with section 2151.03 of the Revised
Code.
(f) Medical neglect, in
accordance with section
2151.03 of the Revised
Code.
(g)
Medical neglect,
disabled
infant, in
accordance with rule
5101:2-36-07
of the Administrative Code.
(2) Dependency report. Dependent child, as
defined in section 2151.04 of the Revised Code.
(3) Family in need of services
report.
(a) Emancipated youth, in accordance
with rule 5101:2-42-19.2 of the Administrative Code.
(b) Permanent surrender, in accordance with
rule
5101:2-42-09
of the Administrative Code.
(c)
Deserted child, as defined in rule
5101:2-1-01
of the Administrative Code and in accordance with rule 5101:2-36-06 of the
Administrative Code.
(d) Stranger
danger investigation, in accordance with rule
5101:2-36-05
of the Administrative Code for a child whom the PCSA considers to be in need of
public care or protective services.
(e) Post-finalization adoption services,
as defined in rule
5101:2-1-01
of the Administrative Code upon the request of the birth parent, adoptive
parent or adoptee.
(f) Preventive
services, as defined in rule
5101:2-1-01
of the Administrative Code for a child whom the PCSA considers to be in need of
public care or protective services.
(g) Unruly child/delinquent child, whom the
PCSA considers to be in need of public care or protective services in
accordance with section
5153.16 of the Revised Code and
memorandums specified in rule
5101:2-33-26
of the Administrative Code.
(h)
Child fatality, non-child abuse/neglect, in accordance with rule
5101:2-42-89
of the Administrative Code.
(i)
Required non-lead PCSA interviews, in accordance with rules
5101:2-36-03,
5101:2-36-04,
and
5101:2-36-09
of the Administrative Code and sections
5103.20 and
2151.56 of the Revised
Code.
(j) Courtesy supervision in
accordance with sections
5103.20 and
2151.56 of the Revised
Code.
(k) Home
evaluation/visitation assessment, in accordance with rules
5101:2-1-01
and
5101:2-42-18
of the Administrative Code or in response to a request from another PCSA or a
court exercising appropriate jurisdiction.
(l) Pre-placement or postnatal services for
the placement of an infant of an incarcerated mother, in accordance with rule
5101:2-42-60
of the Administrative Code.
(m)
Adoption subsidy only in accordance with Chapter 5101:2-49 of the
Administrative Code.
(n) Interstate
compact on the placement of children (ICPC) in accordance with rule
5101:2-52-04
of the Administrative Code.
(o)
Alternative response required non-lead PCSA contacts, in accordance with rule
5101:2-36-20
of the Administrative Code.
(4) Information and/or referral, pursuant to
rule
5101:2-1-01
of the Administrative Code, if paragraph (F)(1), (F)(2), or (F)(3) of this rule
do not apply.
(G)
When a PCSA receives referral information pursuant to
paragraphs (F)(1)(a)(i) and (F)(1)(a)(ii) of this rule, the PCSA shall attempt
to gather the following regarding the plan of safe care, which is defined in
rule
5101:2-1-01
of the Administrative Code:
(1)
The name(s) and address(es) of all of the
following:
(a)
The child.
(b)
The parent,
guardian(s), or custodian(s).
(c)
All household
members.
(2)
Identify the caregiver(s) for the
infant.
(3)
A description of the interaction between the
mother/caregiver and infant.
(4)
The name of the
hospital or medical facility where the infant is receiving
care.
(5)
Any known medical information on the parent(s),
guardian(s), caregiver(s), infant, or household members.
(6)
Information
regarding any known legal or illegal substance abuse, which includes the
history of legal or illegal substance abuse by parent(s), guardian(s),
caregiver(s) and household members.
(7)
Information
regarding support systems for the parent(s), guardian(s), caregiver(s), or
household members.
(8)
Information on the managed care plan and insurance
information.
(H)
The PCSA shall not screen out any referral categorized
in paragraph (F)(1)(a) of this rule if:
(1)
The plan of safe
care information listed in paragraph (G) of this rule is not
obtained.
(2)
The plan of safe care has not been
developed.
(3)
The plan of safe care is not adequate to address the
safety of the infant.
(I) The PCSA shall
complete the screening decision and determine the immediacy of need for
any agency response to ensure child safety within
twenty-four hours from receipt of the information and following the
categorization of the referral information in accordance with paragraphs
(F)(1), (F)(2), and (F)(3) of this rule
based on the information received from the referent/reporter and the child
protective services records regarding the principals of the report.
(J)
If the PCSA screens out a referral of abuse or neglect and a principal of the
report is a person responsible for the child's care in an out-of-home care
setting pursuant to rule
5101:2-1-01
of the Administrative Code, the PCSA shall notify licensing and supervising
authorities, as appropriate, no later than four working days from the date of
the screening decision to share information.
(K) PCSAs
shall assign reports screened in and categorized pursuant to paragraph (F)(1)
of this rule to one of the following pathways:
(1) Traditional response, pursuant to
Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative
Code.
(2) Alternative response,
pursuant to rules
5101:2-36-20
and
5101:2-38-20
of the Administrative Code.
(L) The PCSA shall
assign the following types of reports of child abuse and/or neglect to the
traditional response pathway:
(1) Reports
containing allegations that could result in charges of felony child
endangering.
(2) Physical abuse
resulting in serious injury or that creates a serious and immediate risk to a
child's health and safety.
(3)
Reports containing allegations that could result in charges of criminal sexual
conduct.
(4) Reports containing
allegations of the sexual abuse of a child or an abused child who is also a
victim of sexual abuse.
(5) Reports
containing allegations that could result in charges of homicide.
(6) Reports requiring a specialized
assessment as identified in rule
5101:2-36-04
of the Administrative Code.
(7)
Reports requiring a third party investigative procedure as identified in rule
5101:2-36-08
of the Administrative Code.
(8)
Reports containing allegations regarding a suspicious child fatality.
(M) All referral information categorized as
information and/or referral pursuant to paragraph (F)(4) of this rule shall be
screened out. The PCSA shall identify which of the following activities was
completed by the PCSA.
(1) Directed/advised
to contact non-PCSA service provider within the county.
(2) Directed/advised to contact non-PCSA
service provider outside the county.
(3) Provided information only/no referral
made.
(4) Additional information
received on an open case that is not alleging abuse or neglect of a
child.
(N) The PCSA may refer the referent/reporter to the
county prosecutor pursuant to the county child abuse and neglect memorandum of
understanding developed pursuant to section
2151.421 of the Revised
Code.
(O) Additional child abuse and/or neglect allegations
screened in within the first four working days of the acceptance of a child
abuse and/or neglect report and prior to the completion of an assessment of
safety with the child and the parent/caregiver, may be added to the initial
report and assessed/investigated concurrently with the allegations received
initially. The date and time the subsequent report was received along with the
reporter information shall be recorded.
(P) Additional child
abuse and/or neglect allegations screened in after the first four working days
of the acceptance of the previous child abuse and/or neglect report or after
completion of the assessment of safety shall be recorded as a subsequent child
abuse and/or neglect report and are subject to the requirements contained in
rules
5101:2-36-03,
5101:2-36-04,
and
5101:2-36-05
of the Administrative Code.