Current through all regulations passed and filed through December 16, 2024
(A) A public children services agency (PCSA)
or private child placing agency (PCPA) having custody of a child, or upon
interstate request by a state with jurisdiction, may approve placement with the
following substitute caregivers in accordance with rule
5101:2-42-05 of the
Administrative Code if the placement is determined to be in the child's best
interest and the substitute caregivers are not certified through the Ohio
department of job and family services:
(1) A
relative by blood, adoption, or marriage who, in accordance with sections
5103.02 and
5103.03 of the Revised Code, is
exempt from certification and who is being considered as a substitute
caregiver; or
(2) A nonrelative who
has a relationship with the child and/or family and who, in accordance with
section 5153.161 of the Revised Code, is
a qualified non-relative.
(B) Prior to placing the child with the
relative or nonrelative substitute caregiver, the PCSA or PCPA shall adhere to
the following procedures and document its actions in approving the placement
setting:
(1) Collect identifying information
(first name, last name, maiden name, aliases, social security number, address,
telephone number, place of employment) on the prospective caregiver and all
household members.
(2) Require all
adults in the home to identify prior PCSA or children services agency (CSA)
involvement.
(3) Assure that a
search of the statewide automated child welfare information system (SACWIS) has
been completed for the prospective caregiver and adult household members
pursuant to rule
5101:2-33-21 of the
Administrative Code.
(a) If the agency has
the ability to access SACWIS pursuant to rule
5101:2-33-70 of the
Administrative Code and section
5101.132 of the Revised Code,
the agency shall complete an alleged perpetrator search of abuse and neglect
report history through SACWIS for the prospective caregiver and each adult who
resides in the home.
(b) If the
agency does not have the ability to access SACWIS, the agency shall request a
search of SACWIS from the Ohio department of job and family services (ODJFS)
for the prospective caregiver and each adult who resides in the home and shall
secure the necessary releases of information and initiate requests for
information when applicable.
(4) When involvement with a CSA in another
state is indicated or suspected, the PCSA or PCPA shall
request a check of the child abuse and neglect registry from
the other state.
(5)
When the home of the relative or nonrelative substitute
caregiver is a licensed foster home or approved adoptive home, the PCSA or PCPA
is to notify the recommending agency of the intent to place the kinship child
in the home. The PCSA or PCPA should consider placing the child as a foster
care placement if appropriate.
(6) Assess the safety
of the home by checking on all of the following:
(a) Cleanliness of the home.
(b) Absence of hazardous conditions inside
and outside.
(c) Storing of
poisonous and otherwise dangerous or combustible materials.
(d) Proper heating, lighting and
ventilation.
(e) Condition of
plumbing and toilet facilities.
(f)
Installation of a working smoke alarm on each level of occupancy of the
home.
(g) Safe storing of weapons,
including firearms and ammunitions, in inoperative condition and in a secured
and locked area.
(h) Adequacy of
each child's bedding and appropriateness to his or her needs.
(i) Availability of a working telephone
within the home or reasonable access to a working telephone for emergency
situations.
(7) Provide the
prospective caregiver with known information regarding educational, medical,
prescription and nonprescription medications,
child care, and special needs of the child including information on how to
access support services to meet the needs of the child.
(8)
Provide the prospective caregiver with the following information:
(a)
Information about
the kinship support program (KSP), including eligibility requirements and
details about payments and payment timeframes, in accordance with rule
5101:2-42-18.2 of the
Administrative Code.
(b) How to apply for
Ohio works first (OWF) child-only financial assistance and medicaid
coverage.
(c)
The caregiver's right to apply for certification as a
foster caregiver.
(d) How to apply for
certification as a foster caregiver.
(e) The requirements
for foster caregiver certification and adoption approval and how those
requirements differ from the requirements for approval as a relative or
nonrelative substitute caregiver.
(f) The difference in
payment between OWF child-only
payments, KSP payments, and the foster care per
diem.
(g) The difference (if
any) in the eligibility for supportive services.
(h)
The caregiver's
right to be heard during hearings involving the child(ren) if the placement is
approved.
(9) Assess the
prospective caregiver's ability and willingness to provide care and supervision
of the child and to provide a safe and appropriate placement for the
child.
(10) Submit
fingerprints for the prospective relative or nonrelative caregiver and all
adults residing within the home according to the requirements of the bureau of
criminal investigation (BCI). The agency shall request that BCI include
information from the federal bureau of investigation (FBI) in the criminal
records check. The required criminal records check must be completed prior to
an agency approving the prospective relative or nonrelative
placement.
(11)
Complete a review of the national sex offender registry
at
https://www.nsopw.gov
(2019) for the prospective relative or nonrelative
caregiver and all adults residing within the home.
(12)
Require the prospective caregiver to submit written notification if a person at
least twelve years of age but less than eighteen years of age residing within
the home of the prospective caregiver has been convicted of or plead guilty to
any offenses described in section
5103.0319 of the Revised Code,
or has been adjudicated to be a delinquent child for committing an act that if
committed by an adult would have constituted such a violation.
(C) If a child must be removed
from his or her home immediately in accordance with rules
5101:2-39-01 and
5101:2-39-03 of the
Administrative Code, the PCSA or PCPA may place the child with the prospective
relative or nonrelative substitute caregiver, if there are no known safety
concerns, and initiate the assessments required by paragraph (B) of this rule
no later than the next business day.
(1) The
PCSA or PCPA shall complete all activities required by paragraph (B) of this
rule no later than five business days from the date the child was
placed.
(2) The PCSA or PCPA shall
make a final decision to approve or not approve the placement of the child no
later than five business days from the date the agency receives the BCI and FBI
background check results and/or alleged perpetrator background check
results.
(3) The PCSA or PCPA shall
provide the relative or nonrelative caregiver with written notification of the
decision to approve or not approve the placement within three business days of
the date the final decision to approve or not approve the placement was
made.
(D) The PCSA or
PCPA shall complete the JFS 01447 "Assessment of Relative or Nonrelative
Substitute Caregiver".
The PCSA or PCPA shall use the
SACWIS application to complete home assessments.
(E) The PCSA or PCPA may deny the placement
if the relative or nonrelative had his or her parental rights involuntarily
terminated.
(F)
The PCSA or PCPA shall not approve the placement if the relative or nonrelative
or other adults residing within the home have been convicted of or pleaded
guilty to any offense listed in appendix A of this rule unless the
agency finds and documents that person's residency
in the relative or nonrelative caregiver's household will not jeopardize in any
way the health, safety or welfare of the children the agency serves. The
following factors shall be considered in determining the person's approval as a
relative or nonrelative caregiver or the person's residency in the relative or
nonrelative caregiver's household:
(1)
The person's age at the time of the
offense.
(2)
The nature and seriousness of the
offense.
(3)
The victim of the offense was any of the
following:
(a)
A person under the age of eighteen.
(b)
A functionally
impaired person as defined in section
2903.10 of the Revised
Code.
(c)
A person with an intellectual disability as defined in
section 5123.01 of the Revised
Code.
(d)
A developmentally disabled person as defined in section
5123.01 of the Revised
Code.
(e)
A person with a mental illness as defined in section
5122.01 of the Revised
Code.
(f)
A person sixty years of age or older.
(4)
The
circumstances under which the offense was committed.
(5)
The degree of
participation of the person involved in the offense.
(6)
The time elapsed
since the person was fully discharged from imprisonment or
probation.
(7)
The likelihood that the circumstance leading to the
offense will recur.
(8)
The likelihood that the circumstance leading to the
offense will recur.
(9)
The person's employment record.
(10)
The person's
efforts at rehabilitation and the results of those efforts.
(11)
Whether any
criminal proceedings are pending against the person.
(12)
Whether the
person has been convicted of or pleaded guilty to a felony contained in the
Revised Code that is not listed in paragraph (H) of this rule, if the felony
bears a direct and substantial relationship to being a relative or nonrelative
caregiver or adult member of the caregiver's household.
(13)
Any other
factors the agency considers relevant.
(G)
The PCSA, PCPA,
and kinship caregiver or potential kinship caregiver are to refer to appendix A
of this rule to determine the rehabilitative status of a crime.
(H) The PCSA or PCPA
shall complete the requirements of paragraph (B) of this rule and make a
decision to approve or not approve the child's placement with the relative or
nonrelative caregiver within thirty calendar days from the date the assessment
was initiated. If the BCI or FBI background check results and/or alleged
perpetrator background check results have not been received by the PCSA or PCPA
within thirty calendar days from the date the assessment was initiated, the
PCSA or PCPA shall make a final decision to approve or not approve the
placement of the child no later than five business days from the date the
agency receives the BCI and FBI background check results and/or alleged
perpetrator background check results.
(I) The PCSA or PCPA
shall provide the relative or nonrelative caregiver with written notification
of the decision to approve or not approve the placement within three business
days of the date the final decision to approve or not approve the placement was
made.
(J) If the PCSA or PCPA
disapproves of a court ordered placement of a child, it shall notify the court
in writing of its findings and recommend a suitable substitute care placement.
The PCSA or PCPA shall continue to notify the court in writing of its findings
and recommended substitute care placement at least every six months.
(K)
The PCSA or PCPA shall maintain documentation, in the case record, of all
assessments and findings required by this rule that are used in approving or
disapproving the placement.
(L) Annually, based on
the date of the original approval, the PCSA or PCPA shall complete a home
assessment to assure that the placement continues to meet the requirements of
this rule for approval of the placement.
(1)
If there are multiple children placed by one agency in the home, the agency may
complete one annual assessment based on the date of the original placement
approval, but shall consider the appropriateness of each placement on a child
specific basis.
(2) If there are
any new adults in the home, the PCSA or PCPA shall conduct background checks on
the new adult(s) pursuant to paragraph (B) of this
rule.
(3) If the relative or
nonrelative caregiver(s)
has moved to a new address, the PCSA or PCPA
shall ensure that the home meets the requirements listed in paragraph
(B) of
this rule.
(M) Once a child has
been placed with a relative or nonrelative
substitute caregiver and is not in need of a new placement, the PCSA or PCPA
may continue to complete additional home assessments on other relative or
nonrelative substitute caregivers. The PCSA or PCPA may extend the timeframe
for completing these additional assessments by a maximum of thirty days past
the requirements listed in paragraph (I) of this rule.
(N)
Nothing in this rule removes the PCSA's responsibility for conducting parent
assessments when a child reunifies with the parent from which the child was
removed or when a child is being placed with a non-custodial or non-residential
parent in accordance with rules 5101:2-37-01, 5101:2-37-02, and
5101:2-37-04 of the
Administrative Code.
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