Current through all regulations passed and filed through March 18, 2024
(A) The public children services agency
(PCSA) shall develop and complete the family case plan if services are provided
to the child in the child's own home or in a substitute care setting and file
with the court no later than thirty days from when one of the following occurs:
(1) The PCSA files a complaint pursuant to
section 2151.27 of the Revised Code
alleging the child is an abused, neglected, or dependent child.
(2) The PCSA has court ordered temporary
custody or permanent custody of the child.
(3) The court orders the PCSA to provide
protective supervision for a child living in the child's own home.
(4) The court orders the PCSA to place the
child, sixteen or older, in a planned permanent living arrangement.
(B) The PCSA shall develop one
family case plan per case unless directed otherwise by an order of the
court.
(C) The following are
considered parties to the family case plan:
(1) Child's parent (including non-custodial
parent), guardian, or custodian.
(2) Pre-finalized adoptive parent, if
applicable.
(3) Guardian ad litem
and or court appointed special advocate, if one has been appointed.
(4) Child age fourteen and older.
(5) Child under age fourteen if
developmentally appropriate.
(6)
The Indian custodian, if any, and child's Indian tribe and extended relatives
as defined in rule
5101:2-53-01 of the
Administrative Code, if applicable.
(7) Child's attorney, if
applicable.
(8) Any other party
specifically identified by the court as a party to the family case
plan.
(D) The family
case plan shall be based on the completion of the "Family
Assessment."
(E) Completion of the
"Family Assessment" is not required in order to complete a family case plan
resulting from the following family in need of service reports:
(1) Deserted child.
(2) Emancipated youth.
(3) Permanent surrender.
(4) Interstate compact on the placement of
children.
(F)
Notification and participation of the child or parent is not required for the
development of the family case plan or any updates to the family case plan if
the child has been adjudicated as a deserted child pursuant to section
2151.3519 of the Revised
Code.
(G) When initiating the
family case planning process, the PCSA shall:
(1) Unless the family agrees to waive the
right to the seven days' notice, the PCSA is to provide at least seven days'
notice of the opportunity to participate in the development of the family case
plan to the following:
(a) All parties to the
family case plan as outlined in paragraph (C) of this rule.
(b) The substitute caregiver as defined in
rule 5101:2-1-01 of the
Administrative Code.
(c) For
substitute care cases in which the child is age fourteen and older, two
individuals, at the option of and as selected by the child, pursuant to rule
5101:2-42-19 of the
Administrative Code and in accordance with the JFS 01677 "Foster Youth Rights
Handbook."
(i) One of the individuals selected
by the child may be designated to be the child's advisor and advocate regarding
application of the prudent parent standard.
(ii) A PCSA may reject individuals referenced
in paragraph (G)(1)(c) of this rule if the agency has good cause to believe the
individual(s) would not act in the best interest of the child. The agency shall
document in an activity log the individual's name and the reason the agency
found the individual would not act in the best interest of the child.
(d) The permanency team for
substitute care cases in which a child is placed in an approved qualified
residential treatment program (QRTP) determined by the assessment pursuant to
rule 5101:2-42-12 of the
Administrative Code.
(2)
Document the date and method of notification, along with any waivers of
notifcation.
(3) Work with all
parties on the development of the family case plan; attempt to obtain agreement
of the contents of the family case plan by the parties outlined in paragraph
(C) of this rule and provide each party with a copy of the family case plan no
later than seven days from the child's parent (including non-custodial parent),
guardian, or custodian's signature not including the date of
signature.
(4) Inform all parties
identified in paragraph (C) of this rule if agreement cannot be obtained on the
contents of the family case plan, the parties may present evidence at the
dispositional hearing and the court will determine the contents of the family
case plan based upon the evidence presented.
(H) The family case plan shall include a
written visitation plan for siblings removed from their home and not jointly
placed pursuant to rules
5101:2-42-92 and
5101:2-39-01 of the
Administrative Code. The visitation plan shall provide for regular, ongoing
visitation and interaction between the siblings no less than monthly unless the
PCSA has documented that it would be contrary to the safety or well-being of
any child.
(I) For all children
receiving PCSA services pursuant to rule
5101:2-42-92 of the
Administrative Code the family case plan shall include a written visitation
plan for the child's parent (including non-custodial parent), guardian, or
custodian. The visitation plan shall provide for regular, ongoing visitation
and interaction between the child placed in substitute care and the parent
(including non-custodial parent), guardian, or custodian.
(J) The PCSA shall attach the JFS 01443
"Child's Education and Health Information," to the family case plan for each
child placed in a substitute care setting.
(K) The family case plan is to contain
required documentation of the family and permanency team for a child placed in
a qualified residential treatment program (QRTP) pursuant to rules
5101:2-38-05.1 and 5101:2-42-12 of the
Administrative Code.
(L) The PCSA
shall act in accordance with Chapter 5101:2-53 of the Administrative Code for
children identified as Indian. Services provided shall be specifically designed
for the Indian family if available, including resources of the extended family,
the tribe, Indian organizations, tribal family service programs and individual
Indian caregivers.
(M) If
sufficient information is not available to complete any element contained on
the family case plan, the PCSA shall do all of the following:
(1) Specify in the family case plan developed
pursuant to paragraph (G) of this rule, the additional information needed in
order to complete all parts of the family case plan and the steps needed to
obtain the missing information and file with the court.
(2) Obtain the missing information, complete
the missing elements of the family case plan, and submit to the court no later
than thirty days after the adjudicatory hearing or by the date of the
dispositional hearing.
(N) The family case plan shall serve as the
permanency plan for the child.
(O)
Once the court journalizes the family case plan, the parties including PCSA
staff, are bound by the provisions outlined in the journalized family case
plan. Failure to comply with the family case plan by any party to the family
case plan may result in a finding of contempt of court.
(P) The PCSA shall complete contact in
accordance with the following:
(1) For
court-ordered protective supervision cases the PCSA shall:
(a) Complete face-to-face contact with each
parent (including non-custodial parent), guardian, or custodian, or if
applicable, pre-finalized adoptive parent, and child participating in and being
provided services listed in the family case plan no less than monthly to
monitor progress on the family case plan objectives.
(b) Complete at least one contact every other
month in the child's parent (including non-custodial parent), guardian, or
custodian's home, or if applicable, pre-finalized adoptive parent's
home.
(2) For cases with
children in temporary custody of the PCSA, the PCSA shall:
(a) Complete face-to-face contact with the
child pursuant to rule
5101:2-42-65 of the
Administrative Code.
(b) Complete
face-to-face contact with each parent (including non-custodial parent),
guardian, or custodian, or if applicable, pre-finalized adoptive parent
participating in and being provided services listed in the family case plan no
less than monthly to monitor progress on the family case plan
objectives.
(c) Complete at least
one contact every other month in the child's parent (including non-custodial
parent), guardian, or custodian's home, or if applicable, pre-finalized
adoptive parent's home.
(3) For cases with children in the permanent
custody of the PCSA, the PCSA shall:
(a)
Complete face-to-face contact with the child pursuant to rule
5101:2-42-65 of the
Administrative Code.
(b) Complete
face-to-face contacts pursuant to rule
5101:2-48-17 of the
Administrative Code, as applicable.
(Q) If the initial attempt to complete
face-to-face contact pursuant to paragraph (P) of this rule is unsuccessful,
the PCSA shall make a minimum of two additional attempts to complete the
face-to-face contacts within the month.
(R) For an adult who is a party to the family
case plan where minimum face-to-face contacts cannot be completed pursuant to
paragraph (P) of this rule and the attempts of face-to-face contact pursuant to
paragraph (Q) of this rule have been completed, the subsequent month(s) the
PCSA is to identify and document the following information and provide
regulatory review of the contact status with the individual in SACWIS:
(1) The case circumstance, identifying the
barrier to completing face-to-face contact.
(2) The alternative forms of contact, if
possible, to be completed with the individual in lieu of face-to-face contact
(telephone, video conference, electronic communication, etc).
(3) The plan of diligent efforts to
successfully resume monthly face-to-face contact with the individual.
(4) Supervisory approval.
(S) The PCSA may suspend home
visits with the child's parent (including non-custodial parent), guardian, or
custodian of a child in PCSA custody if conducting visits in the home presents
a threat to the safety of the caseworker. A written justification to suspend
visits in the home shall be documented in the case record and shall include all
of the following:
(1) Identification of the
specific threat to the caseworker's safety and the person posing the
threat.
(2) Identify alternative
forms of contact, if possible, to be completed with the individual in lieu of
face-to-face contact (telephone, video conference, electronic communication,
etc).
(3) The plan of diligent
efforts to successfully resume monthly face-to-face contact with the
individual.
(4) Authorization of
the executive director or his or her designee to suspend home visits.
(T) If home visits are suspended
pursuant to paragraph (S) of this rule, the PCSA shall complete face-to-face
contact with the child's parent (including non-custodial parent), guardian, or
custodian no less than monthly in a location that assists in ensuring the
safety of the caseworker.
(U) If a
voluntary family case plan had been implemented pursuant to rule
5101:2-38-01 of the
Administrative Code and the PCSA determines the involvement of the court is
necessary, the PCSA shall update the family case plan and submit the updated
family case plan to the court within fourteen days of the event listed in
paragraph (A) of this rule.
(V) If
a prevention services plan under the "Prevention Services" case category in
SACWIS is to transfer to a family case plan under the "Ongoing" case category
in SACWIS pursuant to rule
5101:2-40-05 of the
Administrative Code, the PCSA is to create and submit a family case plan to the
court within fourteen days of the event listed in paragraph (A) of this
rule.
(W) The PCSA shall contact
the parties to the family case plan as outlined in paragraph (C) of this rule
and seek agreement and obtain the signatures of the parties to the family case
plan for any update to the family case plan if any of the following occurs:
(1) The conditions of the child or the
child's parent (including non-custodial parent), guardian, or custodian, or if
applicable, pre-finalized adoptive parent change; and the change affects the
legal status of the child or the provision of supportive services.
(2) There is a change in the goal for the
child and/or changes that family members need to address to alleviate
concerns.
(3) The child needs to be
placed in a substitute care setting; reunified with the child's parent
(including non-custodial parent), guardian, custodian, or pre-finalized
adoptive parent; or moved to another substitute care setting.
(4) The child attains the age of fourteen,
has had a completed life skills assessment, and an independent living plan is
developed pursuant to rule
5101:2-42-19 of the
Administrative Code.
(5) The child
attains the age of sixteen and the court orders the PCSA to place the child in
a planned permanent living arrangement.
(6) A change in the visitation plan for a
child.
(7) A party must be added or
deleted from the family case plan.
(X) The PCSA shall record, on the family case
plan, the reasons for any agreed upon update made and submit the updated family
case plan to the court within seven days of the change.
(Y) If agreement as described in paragraph
(X) of this rule is not obtained, the PCSA shall request a change in the family
case plan by filing the proposed change with the court and do the following:
(1) Provide written notice of the proposed
change to all parties listed in paragraph (C) of this rule.
(a) Written notice of the proposed change
shall be provided no later than the close of business of the day after the
proposed change is filed with the court.
(b) Notify parties listed in paragraph (C) of
this rule; that if a party disagrees with the change in the family case plan,
the party may request a court hearing of the proposed change within seven days
of the filing with the court, not including the date of filing.
(2) The PCSA may implement the
update fifteen days after it is filed with the court if:
(a) The court does not approve or disapprove
the change.
(b) The court does not
schedule a hearing.
(c) The court
journalizes the updated family case plan.
(Z) In an emergency situation or if a child
is in immediate danger of serious harm, the PCSA shall implement the change,
update the family case plan, and do all of the following:
(1) Notify all parties of the family case
plan, as outlined in paragraph (C) of this rule, and the court of the change no
later than the next day.
(2) File a
statement of the change with the court within three days of the
change.
(3) Provide to all parties
to the family case plan as outlined in paragraph (C) of this rule the
following:
(a) A copy of the statement filed
with the court within three days of the change.
(b) Notification that if any party disagrees
with the change in the family case plan, the party has ten days to object to
the change and to request a court hearing.
(4) Continue to implement the change unless
the court disapproves.
(5) Revert
back to implementing the provisions of the journalized family case plan if the
court does not approve the change.
(AA) The PCSA shall review the progress in
achieving the family case plan objectives and services by completing the "Case
Review" pursuant to rule
5101:2-38-09 of the
Administrative Code and the "Semiannual Administrative Review (SAR)" pursuant
to rule
5101:2-38-10 of the
Administrative Code.
(BB)
The PCSA is to
document the permanency plan and the concurrent plan objective for a child in
temporary custody when the primary permanency plan is reunification on the
family case plan effective on or after January 1, 2023. For children in custody
prior to January 1, 2023, a concurrent plan will be documented in the family
case plan no later than July 1, 2023. The concurrent plan is to be documented
in the case record and reviewed during the SAR. The concurrent plan is an
additional plan to achieve permanency for the child in the event the primary
permanency case plan goal is unable to be achieved.
(CC) The PCSA shall maintain a copy of the
original family case plan, all updates, documentation of the face-to-face
contacts, home visits, including attempted contacts and home visits to monitor
progress on the family case plan objectives.
(DD) Upon determining case closure the PCSA
shall do all of the following:
(1) Notify all
parties of the family case plan as listed in paragraph (C) of this rule of the
case closure and document in SACWIS the date and method of
notification.
(2) Update family
case plan.