Current through all regulations passed and filed through December 16, 2024
(A) Public children
services agencies (PCSA) are responsible for establishing policies and
procedures for service coordination with correctional facilities and hospitals
on behalf of infants born to women who are incarcerated.
(B) Upon notification by the correctional
facility that postnatal services will be needed, the PCSA in the county in
which the woman was a resident at the time of incarceration, or if not an Ohio
resident, the PCSA in the county in which the woman was charged or sentenced
shall:
(1) Conduct an assessment of the person
or persons recommended by the incarcerated woman and provide a copy of the
recommendation of approval or non-approval to the correctional facility.
(a) In the case of the child's father, the
PCSA shall conduct a parent assessment in accordance with agency
policy.
(b) In the case of a
relative or non-relative caregiver, the PCSA shall conduct a home assessment in
accordance with rule
5101:2-42-18 of the
Administrative Code.
(2)
Coordinate with the local children services agency in another state to request
a home assessment, when the proposed relative or non-relative caregiver lives
out-of-state.
(3) Obtain temporary
custody of the infant by execution of the JFS 01645 "Agreement for Temporary
Custody of Child" in
accordance with rules
5101:2-42-06 and
5101:2-42-08 of the
Administrative Code or by court order if:
(a)
The infant is not remaining with the mother as part of a prison nursery
program;
(b) The incarcerated woman
has not recommended a caregiver; or
(c) The home assessment conducted pursuant to
paragraph (B)(1) of this rule does not recommend approval of the
caregiver.
(4) Assist
the incarcerated mother, if the mother chooses a private child placing agency
(PCPA) or Ohio attorney to participate in the planning for her infant by:
(a) Advising the incarcerated woman that any
out-of-state placements through a PCPA or Ohio attorney shall be coordinated
with the Ohio interstate compact on the placement of children (ICPC) office in
accordance with Chapter 5101:2-52 of the Administrative Code.
(b) Contacting the PCPA or Ohio attorney to
assure that a plan has been completed.
(C) When the PCSA of jurisdiction is not
located in the county in which the infant is hospitalized, and due to
circumstances beyond the PCSA's control, the PCSA is unable to obtain custody
and care of an infant requiring immediate placement, the PCSA in the county in
which the infant is hospitalized shall:
(1)
Obtain temporary custody of the infant by execution of the JFS 01645 in
accordance with rules
5101:2-42-06 and
5101:2-42-08 of the
Administrative Code or by court order.
(2) Secure the infant's release from the
hospital and place the infant in an appropriate substitute care
setting.
(3) Advise the PCSA of
jurisdiction, as identified in paragraph (B) of this rule, of the action taken
and the child's ongoing need for care.
(D) Upon notification, the PCSA of
jurisdiction shall arrange for care and custody of the child.
(E) The PCSA which holds custody of the
infant is responsible for costs of medical care and services to the infant,
commencing at the time of the infant's birth if other financial resources are
insufficient or do not exist. If a local PCSA obtained temporary custody of the
infant in accordance with paragraph (C) of this rule, the PCSA of jurisdiction
shall reimburse the local PCSA for all its actual costs.
(F) The PCSA of jurisdiction and the local
PCSA shall act in a timely manner in coordinating the transfer of custody and
reimbursement costs.
