Ohio Administrative Code
5101:2 - Division of Social Services
Chapter 5101:2-37 - Assessments
Section 5101:2-37-02 - PCSA requirements for completing the safety plan

Universal Citation: OH Admin Code 5101:2-37-02

Current through all regulations passed and filed through December 3, 2021

(A) The public children services agency (PCSA) shall immediately develop and implement a JFS 01409 "Comprehensive Assessment Planning Model - I.S., Safety Plan for Children" (rev. 2/2006) if the PCSA determines a child is in immediate danger of serious harm due to an active safety threat.

(B) At a minimum, the PCSA shall assess all of the following to determine the degree of intervention necessary to control safety threats and protect the child:

(1) The presence of active safety threats.

(2) The vulnerability of the child.

(3) The protective capacities of the parent, guardian, or custodian.

(C) If an infant is born and identified as affected by illegal substance use or withdrawal symptoms resulting from prenatal drug exposure, the PCSA shall develop a safety plan as needed, pursuant to paragraph (D) or (P) of this rule.

(D)(B) If, after the assessment of safety, described in rule 5101:2-37-01 of the Administrative Code the safety response is to implement an in-home safety plan or an out-of-home safety plan, the PCSA shall develop a safety plan utilizing the JFS 01409.

(E)(C) The PCSA and the parent, guardian, or custodian shall mutually:

(1) Identify the action steps to control the active safety threats.

(2) Identify each individual or community resource responsible for conducting an action step specified on the safety plan.

(3) Agree to the participation of that individual or community resource on the safety plan.

(F)(D) To implement a safety plan utilizing the JFS 01409, the PCSA shall do one of the following:

(1) Obtain signatures on the JFS 01409 from the custodial parent, legal guardian, or legal custodian and all persons responsible for a safety plan action step indicating their willingness to participate in the safety plan.

(2) If an order of shared parenting has been issued, and there has not been a residential parent designated by the court, the PCSA shall obtain agreement and signatures on the JFS 01409 of both parents.

(3) If a custodial parent, legal guardian, or legal custodian or person responsible for an action step is not present to sign the JFS 01409, the safety plan may be implemented with a verbal authorization. The PCSA shall document the date and time the verbal authorization was received.

(G)(E) If verbal authorization is obtained the PCSA shall complete an extension pursuant to rule 5101:2-36-11 of the Administrative Code and attempt to obtain the signature(s) on the JFS 01409 within five working days from receipt of the verbal authorization. All attempts to obtain the signature(s) and the reasons why the signature(s) cannot be obtained shall be documented in the case record. The PCSA shall implement alternative safety interventions if the signature(s) cannot be obtained.

(1) All attempts to obtain the signature(s) and any reasons why the signature(s) cannot be obtained are to be documented in the case record.

(2) If attempts to obtain the signature(s) were unsuccessful, an extension to obtain the signature(s) may be granted when the following apply:

(a) The custodial parent, legal guardian, or legal custodian who provided verbal authorization is absent and is not interfering with the agreed upon safety plan activities.

(b) The responsible party is following the safety plan and controlling the active safety threat(s) to the child.

(3) Upon contact with the custodial parent, legal guardian, or legal custodian the signature is to be obtained.

(H)(F) The PCSA shall waive the signature requirement of the custodial parent, legal guardian, or legal custodian outlined in paragraph (D) of this rule who is unable or unavailable to sign the safety plan if the PCSA has obtained one signature from another custodial parent, legal guardian, or legal custodian pursuant to rule 5101:2-36-11 of the Administrative Code. The reason(s) why the signature cannot be obtained shall be documented in the case record.

(I) The PCSA shall implement alternative safety interventions if a parent, guardian, or custodian or responsible person is unwilling to sign the JFS 01409.

(J)(G) The PCSA shall monitor safety plans by assessing safety to ensure the action steps are controlling the identified safety threats. The monitoring planMonitoring the plan requires the following:

(1) To monitorFor an in-home safety plan, the PCSA shall conduct weekly home visits. During the home visits, the PCSA shall make face-to-face contact with each child identified on the safety plan and each parent, guardian, or custodian residing in the home. During the visit an assessment of the active safety threat(s) is to be completed.

(2) To monitorFor an out-of-home safety plan, the PCSA shall have weekly contact with the children or persons responsible for an action step either by telephone or face-to-face. The PCSA shall have face-to-face contact with each child, parent, guardian, or custodian and responsible party involved every other week. During the visit an assessment of the active safety threat(s) is to be completed.

(H) The PCSA is to implement alternative safety interventions when any of the following applies:

(1) An active safety threat is not controlled.

(2) A parent, guardian or custodian or responsible person is unwilling to sign the JFS 01409.

(3) The parent, guardian or custodian or responsible person is not cooperating or willing to follow the action steps according to the JFS 01409.

(4) The PCSA has not been able to complete the required monitoring contacts despite concerted efforts being made pursuant to paragraph (G) of this rule and the following occurs:
(a) Face-to-face contact has not been made on an in-home safety plan for two weeks with each child identified on the safety plan and each parent, guardian, or custodian residing in the home.

(b) Face-to-face contact has not been made on an out-of-home safety plan for four weeks with each child identified on the safety plan.

(K)(I) If the PCSA determines a safety threat is no longer active or is being controlled through the family's protective capacities and the child is no longer in immediate danger of serious harm, the JFS 01409 shall be discontinued. The PCSA shall notify the parent, guardian, or custodian and each responsible party in writing within two working days of the discontinuation of the JFS 01409.

(L)(J) If the JFS 01409 is modified, the signature of all participants on the modified JFS 01409 prior to its implementation shall serve as notification.

(M)(K) The PCSA shall not close a case if a JFS 01409 is active.

(N)(L) The PCSA shall maintain a copy of the JFS 01409 in the case record and record the JFS 01409 in SACWIS within three five working days from the date the first signature is obtained.

(O)(M) If after the assessment of safety, the safety response is to implement a legally authorized out-of-home placement, the PCSA shall contact law enforcement and/ or remove the child pursuant to rule 5101:2-39-01 of the Administrative Code. Completion of the JFS 01409 is not required for a legally authorized out-of-home placement safety response.

Ohio Admin. Code 5101:2-37-02

Effective: 7/5/2020
Five Year Review (FYR) Dates: 2/24/2020 and 07/05/2025
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16, 5153.166
Rule Amplifies: 2151.421, 5153.16
Prior Effective Dates: 06/01/1997, 04/01/2001, 03/01/2006, 10/01/2009, 03/01/2014

This section was updated on 7/9/2020 by editor.

This section was updated on 7/6/2020 by an editor because it was made effective.

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