Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-36 - Screening and Investigation
Section 5101:2-36-20 - Public children services agencies assessment requirements for child abuse and neglect reports in alternative response
Current through all regulations passed and filed through September 16, 2024
(A) The public children services agency ( PCSA) is to make a cross referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.
(B) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referrants who are mandated reporters in accordance with section 2151.421 of the Revised Code.
(C) The PCSA is to initiate the screened in child abuse and neglect report assigned to the alternative response pathway in accordance with the following:
(D) If the child subject of the report is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (E) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the child subject of the report's current condition and can provide current information about the child subject of the report's safety.
(E) The PCSA is to, at minimum, complete face-to-face contacts and interview each child subject of the report and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:
(F) The PCSA is to advise the parent, guardian, or custodian of the information contained in the report at the time of the initial contact. The initial contact between the PCSA and the parent, guardian, or custodian includes face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment process.
(G) The PCSA may not interview a child subject of the report or another child who resides in the home without a parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:
(H) If a child is contacted without a parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face contact or complete telephone contact with the child's parent, guardian, or custodian to inform them that contact with his or her child occurred and provide the specific facts that necessitated the child be contacted without a parent, guardian, or custodian's consent.
(I) The specific facts necessitating contact with the child be completed without a parent, guardian, or custodian's consent are to be documented in Ohio's CCWIS .
(J) If the attempt to contact the child's parent, guardian, custodian. or caretaker pursuant to paragraph (H) of this rule is unsuccessful, the PCSA is to continue to attempt to complete face-to-face contact with the child's parent, guardian or custodian once every five working days until contact is made with the child's parent, guardian, or custodian, or until the PCSA needs to make a case decision pursuant to paragraph (S)(2) of this rule.
(K) The PCSA need not interview a child if it is documented in Ohio's CCWIS that:
(L) The PCSA is to convert a case from the alternative response pathway to the traditional response pathway if any of the following occur:
(M) The PCSA is to record a pathway switch in Ohio's CCWIS no later than the next working day from the date of the event triggering the conversion of a case from the alternative response pathway to the traditional response pathway.
(N) The PCSA is to notify the principals of the report of the pathway change either verbally or in writing within three working days upon the conversion of a case from the alternative response pathway to the traditional response pathway if the pathway switch is not the result of a subsequent report received and assigned to the traditional response pathway. The notification(s) is to be documented in Ohio's CCWIS.
(O) If the PCSA determines a child to be in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.
(P) The PCSA is to conduct and document face-to face or telephone contact with any person identified as a possible source of information during the assessment to obtain relevant information regarding the safety of and risk to the child. The PCSA is to exercise discretion in the selection of collateral sources to protect the privacy of the principals of the report.
(Q) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a principal of the report has any factor that causes a barrier in communication, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.
(R) For all reports involving a substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code the PCSA is to:
(S) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to:
(T) If the case decision is to transfer the case for ongoing PCSA services, and the case will continue to be assigned to the alternative response pathway, the agency is to provide ongoing services to the family pursuant to rule 5101:2-38-20 of the Administrative Code.
(U) No later than five business days after completion of the assessment, the PCSA is to complete the following:
(V) No later than seven calendar days from the date of completion of the assessment, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.
(W) The assessment, documentation and any materials obtained during the assessment, are to be maintained in the case record. If any information gathering activity cannot be completed, justification and the approval of the director or designee are to be filed in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the Administrative Code.