Current through all regulations passed and filed through September 16, 2024
(A) The private child placing agency (PCPA)
shall develop and complete a 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 PCPA files a complaint pursuant to
section 2151.27 of the Revised Code
alleging the child is an abused, neglected, or dependent child.
(2) The PCPA has court ordered temporary
custody or permanent custody of the child.
(3) The court orders the PCPA to provide
protective supervision for a child living in the child's own home.
(4) The court orders the PCPA to place the
child, sixteen or older, in a planned permanent living arrangement.
(5) The PCPA has not placed the child for
adoption within six months after the JFS 01666 "Permanent Surrender of Child"
is executed without juvenile court approval for a child in the custody of the
PCPA who was under the age of six months at the time the permanent surrender
was executed.
(B) The
PCPA 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 custodial parent, 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 over.
(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) The child's attorney, if
applicable.
(8) Any other party
specifically identified by the court as a party to the family case
plan.
(D) 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.
(E) When initiating the
family case planning process, the PCPA is to:
(1) Provide at least seven days' notice of
the opportunity to participate in the development of the family case plan to
the following, unless the family agrees to waive the right to seven days'
notice and document the family's agreement in the case record:
(a) All parties to the family case plan as
outlined in paragraph (C) of this rule.
(b) The substitute caregiver as defined in
rule 5101:2-01-01 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 PCPA may reject individuals referenced
in paragraph (E)(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.
(3) Work with all parties on the development
of the family case plan; attempt to obtain agreement on 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 custodial parent, 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.
(F) 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 siblings no less than monthly unless the
PCPA has documented that it would be contrary to the safety or well-being of
any child.
(G) For all children
receiving PCPA 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 custodial parent, 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 custodial
parent, non-custodial parent, guardian, or custodian.
(H) The PCPA shall attach the JFS 01443
"Child's Education and Health Information" or the PCPA form being used in lieu
of the JFS 01443, containing all documentation required on the JFS 01443
pursuant to rule
5101:2-38-08 of the
Administrative Code, to the family case plan for each child placed in a
substitute care setting.
(I) 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 rule
5101:2-42-12 of the
Administrative Code.
(J) PCPAs
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.
(K) If
sufficient information is not available to complete any element contained on
the family case plan, the PCPA shall do all of the following:
(1) Specify in the family case plan developed
pursuant to paragraph (E) 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 courts no later
than thirty days after the adjudicatory hearing or by the date of the
dispositional hearing.
(L) If a family case plan is required
pursuant to paragraph (A)(5) of this rule and the PCPA has not placed the
child, who is under six months of age, for adoption within six months at the
time the JFS 01666 is executed without juvenile court approval; the PCPA shall
file a request for a review hearing and file the family case plan.
(M) The family case plan shall serve as the
permanency plan for the child.
(N)
Once the court journalizes the family case plan, the parties including PCPA
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.
(O) The PCPA shall complete contact in
accordance with the following:
(1) For
court-ordered protective supervision cases the PCPA shall:
(a) Complete face-to-face contact with each
custodial parent, 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 of the family case plan objectives.
(b) Complete at least one contact every other
month in the child's custodial parent, 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 PCPA, the PCPA 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 custodial parent, 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 of the family case plan
objectives.
(c) Complete at least
one contact every other month in the child's custodial parent, 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 PCPA, the PCPA 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 the child pursuant to rule
5101:2-48-17 of the
Administrative Code as applicable.
(P) If the initial attempt to complete
face-to-face contact pursuant to paragraph (O) of this rule is unsuccessful,
the PCPA shall make a minimum of two additional attempts to complete the
face-to-face contacts within the calendar month.
(Q) For an adult who is a party to the family
case plan where minimum face-to-face contacts are not able to be completed
pursuant to paragraph (O) of this rule and the attempts of face-to-face contact
pursuant to paragraph (P) of this rule have been completed, the subsequent
month(s) the PCPA is to identify and document the following information and
provide regulatory review of the contact status with the individual in the case
record:
(1) The case circumstance, identifying
the barrier to completing face-to-face contact.
(2) Identify alternative forms of contact, if
possible, to be completed with the individual in lieu of the 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.
(R) The PCPA may suspend home
visits with the child's custodial parent, non-custodial parent, guardian, or
custodian of a child in PCPA 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.
(S) If home visits are suspended
pursuant to paragraph (R) of this rule, the PCPA shall complete face-to-face
contact with the child's custodial parent, non-custodial parent, guardian, or
custodian no less than monthly in a location that assists in ensuring the
safety of the caseworker.
(T) If a
voluntary family case plan had been implemented pursuant to rule
5101:2-38-01 of the
Administrative Code and the PCPA determines the involvement of the court is
necessary, the PCPA shall update the family case plan by recording the
revisions to 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.
(U) The PCPA 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 custodial parent, non-custodial parent, guardian or custodian, or if
applicable, pre-finalized adoptive parent change; and the change affects the
child's legal status 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 custodial
parent, non-custodial parent, guardian, or 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 PCPA 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
removed from the family case plan.
(V) The PCPA shall record on the family case
plan the reasons for any agreed upon update made and submit the update to the
court within seven days of the agreement.
(W) If agreement as described in paragraph
(U) of this rule is not obtained, the PCPA 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) Indicate in writing the proposed change
which 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 to the family case plan
outlined 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 PCPA 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 family case
plan amendment.
(X) In an emergency situation or if a child
is in immediate danger of serious harm, the PCPA shall implement the change,
update the family case plan, and do all of the following:
(1) Notify all parties to 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.
(Y) The PCPA shall review the progress of
achieving the family case plan objectives and services pursuant to rule
5101:2-38-09 of the
Administrative Code and complete the JFS 01416 "Semiannual Administrative
Review for Private Child Placing Agencies" (SAR) pursuant to rule
5101:2-38-04 of the
Administrative Code.
(Z)
The PCPA 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. 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.
(AA) For children in permanent custody, the
PCPA shall document efforts to locate an adoptive placement or other planned
permanent living arrangement in the family case plan.
(BB) The PCPA shall maintain a copy of the
original family case plan, all amendments, documentation of the face-to-face
contacts, home visits, including attempted contacts and home visits to monitor
progress of the family case plan objectives in the case record.
(CC) Upon determining case closure the PCPA
shall notify all parties of the family case plan as outlined in paragraph (C)
of this rule of the case closure and document in the case record the date and
method of notification.
