Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-39 - Removals
Section 5101:2-39-03 - Emergency removal of a child from substitute care placement
Current through all regulations passed and filed through September 16, 2024
(A) Emergency removal of a child from a substitute care setting shall be considered necessary if it is determined the child is in immediate danger of serious harm and in need of protection from child abuse or neglect or the presence of the child in the substitute care setting places another child in the substitute care setting in immediate danger of serious harm.
(B) If a child in the custody of a public children services agency (PCSA) is removed from a substitute care setting, the PCSA shall provide the child; if age and developmentally appropriate, and parent, guardian, or custodian; substitute caregiver; and guardian ad litem with the following information verbally and in writing within twenty-four hours.
(C) If a PCSA determines the need for an emergency removal of a child in the custody of another PCSA; private child placing agency (PCPA); or children services agency (CSA); the PCSA shall do all of the following:
(D) If emergency removal of a child occurs and attempts to notify the parent, guardian, or custodian; substitute caregiver; and guardian ad litem pursuant to paragraph (B) of this rule are unsuccessful, the PCSA shall provide written notice no later than the next business day.
(E) The PCSA or PCPA holding custody of the child shall complete an amendment to the case plan in accordance with rule 5101:2-38-05 or 5101:2-38-07 of the Administrative Code upon removal of a child from a substitute care setting.
(F) The PCSA shall document all activities and notifications required by this rule in the case record.
Effective:
5/30/2014
R.C. 119.032 review dates:
03/12/2014 and
05/01/2019
Promulgated
Under: 119.03
Statutory Authority: 2151.412, 2151.421, 5101.02,
5103.03, 5153.16
Rule Amplifies: 2151.412, 2151.421, 5101.02,
5103.03, 5153.16
Prior Effective Dates: 1/14/83, 1/1/87, 1/1/88,
1/1/89, 3/1/06, 10/01/2009