Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-36 - Screening and Investigation
Section 5101:2-36-09 - Requirements for dependent child assessments
Current through all regulations passed and filed through March 18, 2024
(A) A public children services agency (PCSA) shall conduct a dependency assessment in response to a dependency report if any of the following conditions apply to a child subject of the report absent allegations of abuse or neglect:
(B) The PCSA may request the assistance of law enforcement during an assessment if the following situations exist and the reason for contacting law enforcement is documented in the case record:
(C) The PCSA shall initiate the screened in dependency report in accordance with the following:
(D) The PCSA shall document in the case record the date, time, and with whom the assessment was initiated.
(E) The PCSA shall complete the JFS 01401 "Comprehensive Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006) pursuant to rule 5101:2-37-01 of the Administrative Code..
(F) If the attempted face-to-face contacts with the child subject of the report as specified in paragraphs (C) and (E) of this rule are unsuccessful, the PCSA shall, at a minimum, continue making attempts for face-to-face contact at least every five working days until the child is seen or until the PCSA is required to complete a final case decision pursuant to paragraph (S) or (T) of this rule.
(G) The PCSA shall not interview the child subject of the report or his or her siblings without parental consent, unless one of the following exigent circumstances exists:
(H) If a child subject of the report provides information during an interview that indicates a sibling might be in immediate danger of serious harm or that the sibling could provide information regarding immediate danger of serious harm to the child subject of the report, the interview of the sibling who was not identified as a child subject of the report may occur without parental consent.
(I) If a child is interviewed without parental consent, then the same day, the PCSA shall attempt a face-to-face contact or complete a telephone contact with the child's parent, guardian, or custodian to inform them that an interview of their child occurred. If unsuccessful, an attempt to complete face-to-face contact shall occur once every five working days until contact is made with the child's parent, guardian, or custodian or the time frame for completion of the assessment expires.
(J) The specific facts necessitating the assessment interviews of a child be conducted without parental consent must be documented in the case record.
(K) The PCSA shall conduct and document face-to-face interviews with each child residing within the home of the child subject of the report. If possible, each child should be interviewed separate and apart from the caretaker. The purpose of the interviews is to:
(L) The PCSA need not interview a child if it is determined that:
(M) The PCSA shall conduct and document face-to-face interviews with the child's parent, guardian, or custodian and all adults residing in the home of the child in order to:
(N) At the time of the initial contact with the adult subject(s) of the report, the PCSA shall advise the adult subject(s) of the report of the specific concerns. The initial contact between the caseworker assessing a dependent child report and the adult subject(s) of the report of the report includes, whichever occurs first, face-to-face or telephone contact with the person if information is gathered as part of the assessment process.
(O) The PCSA shall conduct and document face-to-face interviews or telephone interviews with anyone identified as possible sources of information during the assessment to obtain relevant information regarding the safety and risk to the child. The PCSA shall exercise discretion in the selection of collateral sources to protect the family's right to privacy.
(P) The PCSA shall take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:
(Q) At any time the PCSA determines a child to be in immediate danger of serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.
(R) If the PCSA determines supportive services are necessary, the supportive services shall be made available to the child, his or her parent, guardian, or custodian during all of the following pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code:
(S) The PCSA shall arrive at a final case decision by completing the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev. 7/2006) no later than forty-five days from the date the report was screened in. The PCSA may extend the time frame by a maximum of fifteen days if information needed to determine the final case decision cannot be obtained within forty-five days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.
(T) If the dependency report involves a principal of the report who is currently receiving ongoing protective services from the PCSA, the PCSA shall complete the final case decision by completing the JFS 01402 "Comprehensive Assessment Planning Model - I.S., Ongoing Case Assessment/Investigation" (rev. 7/2006).
(U) The PCSA shall not waive the completion of the final case decision.
(V) The PCSA shall request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the child or any records required to conduct the assessment.
(W) The PCSA shall have an interpreter present for all interviews if the PCSA has determined that a member of the case has any impairment that creates a barrier to communication, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.
(X) Within two working days of completion of the assessment, the PCSA shall do all of the following:
(Y) If two or more Ohio PCSAs are involved in an assessment, the lead county shall be determined by the following criteria:
(Z) If a report of dependency involves a child who is living in a shelter for victims of domestic violence or a homeless shelter, the PCSA that received the report shall do one of the following:
(AA) If requested by the lead PCSA, either verbally or in writing, the non-lead PCSA located in a non-contiguous county shall conduct interviews of any principals of the report and collateral sources presently located within its jurisdiction to provide the lead agency with the information necessary to complete the JFS 01401, JFS 01402, and the JFS 01400 within the time frames outlined in this rule. All PCSAs involved shall document the request in the case record.
(BB) The assessment documentation and any materials obtained as a result of the assessment shall be maintained in the case record. If any information gathering activity cannot be completed, justification and written approval of the director or the designee shall be filed in the case record in accordance with rule 5101:2-36-11 of the Administrative Code.