Current through all regulations passed and filed through December 16, 2024
(A) When a public children services agency
(PCSA) or private child placing agency (PCPA) holds custody of a child and
plans to place the child into a substitute care setting or respite care
setting, the PCSA or PCPA shall share information with the caregivers in
accordance with paragraphs (B), (C), and (D) of this rule to allow them to make
an informed decision regarding whether they can care for the child.
(B) The PCSA or PCPA shall share the
information identified in paragraphs (C)(1) to (C) (9) of this rule with the
caregivers:
(1) Within ninety-six hours of
either an emergency placement or change in the case plan in accordance with
section 2151.31 or
2151.412 of the Revised
Code.
(2) Or prior to placing the
child.
(C) The
information shall include:
(1) The child's
health, behavioral characteristics, treatment and service needs, and plans to
meet those needs as identified in the case plan.
(2) Any special needs the child may have such
as special diets, therapy, or
learning disabilities.
(3) The
child's prior history of maltreatment. Provision of information regarding child
abuse or neglect assessments/investigations shall comply with rule
5101:2-33-21 of the
Administrative Code, if applicable.
(4) Information on any acts committed by the
child that placed the health, safety, or well-being of others at risk; such as
victimization of other children or animals, or fire-setting.
(5) The school the child will attend, if applicable.
(6) The child's visitation schedule with
his/her parents or guardian.
(7)
The substitute caregivers' responsibilities.
(8) A written report containing the
information specified in paragraph (C)(9) of this rule, for a child who has
been adjudicated delinquent for commission of any of the following offenses:
(c) Voluntary manslaughter.
(d) Involuntary manslaughter.
(j) Gross sexual imposition.
(k) Conspiracy involving an attempt to commit
aggravated murder or murder.
(l)
Any other offense that would be a felony if committed as an adult, and the
child, upon committing the offense, was found to be using or in possession of a
firearm.
(9) The PCSA
shall make a written request of the juvenile court that placed the child in the
agency's custody for the information identified in paragraphs (C) (9)(a) to
(C)(9)(d) of this rule and share this information with the substitute
caregiver. The PCSA shall maintain in the child's case record a copy of the
written request for information, a copy of the written report shared with the
caregivers, the date it was shared, and the caregivers' acknowledgement of
receipt of the information. The PCSA shall maintain this information in the
statewide automated child welfare information system (SACWIS). The PCPA shall
maintain this information in the child's case record.
(a) The child's social history;
(b) A description of all the known acts
committed by the child that resulted in the child being adjudicated delinquent
and the disposition made by the court, unless a child's record has been sealed
pursuant to section 2151.358 of the Revised
Code;
(c) A description of any
other violent acts committed by the child.
(d) The substantial and material conclusions
and recommendations of any psychiatric or psychological examination conducted
on the child or, if not available, the substantial and material conclusions and
recommendations of an examination to detect mental and emotional disorders
conducted in compliance with the requirements of Chapter 4757. of the Revised
Code by a licensed independent social worker, licensed social worker, licensed
professional clinical counselor, or licensed professional
counselor.
(D)
Prior to the child's placement in a respite care setting, the PCSA or PCPA
shall share with the respite caregiver pertinent information identified in
paragraph (C) of this rule that could impact the health, safety, or well-being
of the child or others within the temporary setting. The PCSA or PCPA shall
maintain this information in accordance with paragraph (T) of this
rule.
(E) The PCSA or PCPA shall
provide foster caregivers with a written report which contains substantial and
material conclusions and recommendations of any psychological, psychiatric, or
mental health examination contained in the child's case record. This shall
include, but is not limited to, examinations conducted in accordance with
paragraph (C)(9)(d) of this rule and rule
5101:2-42-66.1 of the
Administrative Code. The written report shall be provided to the foster
caregivers as soon as possible, but no later than sixty days after placing the
child in the foster home. The PCSA or PCPA shall maintain this information in
accordance with paragraph (T) of this rule.
(F) The PCSA or PCPA holding custody of a
child who is placed in a planned permanent living arrangement in a family
setting shall provide the caregiver a notice that addresses the following:
(1) The caregiver understands that the
planned permanent living arrangement is intended to be permanent in nature and
that the caregiver will provide a stable placement for the child through the
child's emancipation or until the court releases the child from the custody of
the agency, whichever occurs first.
(2) The caregiver is expected to actively
participate in the youth's independent living case plan, attend agency team
meetings and court hearings as appropriate, complete training, as provided in
division (B) of section
5103.035 of the Revised Code,
related to providing the child independent living services, and assist in the
child's transition to adulthood.
(G)
The PCSA shall be responsible for sharing information with the prospective
foster caregivers and the board of education for the school district in which
the child will be enrolled prior to placing a child in
a foster home outside the county of residence of the child. The PCPA is
responsible for sharing information with the prospective foster caregivers and
the board of education for the school district in which the child is enrolled
prior to placing a child in any foster home, regardless of the county the child
is placed. The PCSA or PCPA shall share this information orally and send
this information in writing no later than five days after the child's placement
in the new school district. The PCSA shall maintain a copy of the information
shared, the date the information was provided both orally and in writing, and
the foster caregivers' acknowledgement of receipt of the information, in the
child's case record in SACWIS and the PCPA shall maintain a copy in the child's
case record. The information shall include:
(1) A discussion of safety and well-being
concerns regarding the child and, if the child attends school, the students,
teachers, and personnel of the school.
(2) A brief description of the reasons the
child was removed from his home.
(3) The services the child is or will be
receiving.
(4) The name, address
and telephone number of the agency that is or will be directly responsible for
monitoring the child's placement and the name and telephone number of the
contact person for the agency.
(5)
The name, address, and telephone number of the agency having custody of the
child and the name and telephone number of the contact person for the
agency.
(6) The previous school
district attended by the child.
(7)
The last known address of the child's parents.
(H)
The PCSA
shall provide the foster
caregivers and the juvenile court where the foster home is located with written
information about the child no later than five days after
placement
when the child has been adjudicated unruly or
delinquent and the foster home is outside the county of residence of the child.
The PCPA is to provide the foster caregivers and the juvenile court where the
foster home is located with written information about the child no later than
five days after placement when the child has been adjudicated unruly or
delinquent, regardless of the county the child is placed. The PCSA shall
maintain a copy of the information shared, the date the information was
provided, and the foster caregivers' acknowledgement of receipt of the
information in the child's case record in SACWIS and the PCPA shall maintain a
copy in the child's case record. The information to be provided shall include:
(1) The information listed in paragraphs
(G)(3), (G)(4) and (G)(5) of this rule.
(2) A brief description of the facts
supporting the adjudication that the child is unruly or delinquent.
(3) The name and address of the foster
caregivers.
(4) The safety and
well-being concerns with respect to the child.
(5) The safety and well-being concerns with
respect to the community.
(I) When the PCSA or PCPA contracts with a
private non-custodial agency (PNA), the PCSA or PCPA shall share information
with the PNA in accordance with paragraphs (B), (C), and (D) of this rule. The
PCSA shall maintain this information in SACWIS. The PCPA shall maintain this
information in the child's case record.
(J) The PCSA or PCPA shall develop an
individual child care agreement (ICCA) each time a child is placed in a
substitute care setting, including a children's residential center (CRC)
administered by the PCSA. An ICCA is not required for temporary leaves from a
substitute care setting (e.g., respite or hospital stays) or direct placements
ordered by the court (e.g., detention). The ICCA shall be signed by all parties
and a copy provided to the substitute caregivers prior to placement, or within
seven days of an emergency placement. The ICCA shall include, but is not
limited to, the following:
(1) The name,
address, and telephone number of the PCSA or PCPA; the name of the child's
caseworker; information regarding how the caseworker may be contacted during
regular hours and for emergencies; and the date of the agreement.
(2) The child's name and date of
birth.
(3) History and background
information known about the child, including, but not limited to:
(a) Positive attributes, characteristics, or
strengths such as talents,
hobbies, interests, or educational
achievements.
(b) Physical,
intellectual, and social development.
(c) Immediate health needs and current
medications.
(d) Psychiatric and/or
psychological evaluations of the child.
(e) Attachment and bonding of the child to
caregivers and siblings.
(f)
History of abuse or neglect of the child.
(g) If applicable, a description of all acts
which resulted in the child being found delinquent and the disposition made by
the court.
(h) Information on any
other violent acts committed by the child that may or may not have resulted in
the child being adjudicated delinquent, including, but not limited to: arson,
kidnapping, domestic violence, or animal cruelty.
(4) The child's need for placement and
estimated timeframe for placement.
(5) Procedures for meeting the child's
emergency and non-emergency medical needs, and information regarding the
child's eligibility for Title XIX medical assistance.
(6) Any services, including, but not limited
to, mental health and substance abuse services to be provided to the child or
substitute caregivers and the party responsible for providing the
services.
(7) Visitation plan with
parents, guardian, custodian and other persons when applicable, pursuant to
rule 5101:2-42-92 of the
Administrative Code.
(8)
Transportation arrangements for visits, school,
therapy, and other activities, and the party responsible for providing
the transportation.
(9) Case plan
goal for the child, pursuant to rule
5101:2-38-05 of the
Administrative Code, if applicable, for a PCSA and rules
5101:2-38-06 and
5101:2-38-07 of the
Administrative Code for a PCPA.
(10) Any special needs the child may have
such as supervision level, special diets, therapy, tutoring, learning
disabilities and any other needs requiring assistance from the substitute
caregiver.
(11) A statement that
the methods of discipline used for the child shall comply with either rule
5101:2-7-09 or
5101:2-9-21 of the
Administrative Code, as applicable.
(12) The rights and
responsibilities of the PCSA or PCPA, the agencies providing services to the
child, and the substitute caregivers.
(13) For children in
the custody of a PCSA, a statement that assures the substitute caregivers and
agencies providing services will provide all applicable data to the PCSA for
the "Adoption and Foster Care Analysis and Reporting System" (AFCARS) as
required by section 479 of the Social Security Act (42 USC
Section 679,
1994, 108 stat.
4459).
(K) If the PCSA or
PCPA is unable to complete any part of the ICCA within the timeframe required
in paragraph (J) of this rule, the PCSA or PCPA shall document in the ICCA the
information needed and the steps that will be taken to obtain the
information.
(L) When the child's
placement is in a children's residential center (CRC) under the direction of
another agency, the PCSA or PCPA shall develop and execute the ICCA with the
other agency and provide a copy of the ICCA to both the agency and the
CRC.
(M) When the child's placement
is in a foster home certified by another agency, a second ICCA shall be
executed between the certifying agency and the substitute caregivers, with a
copy maintained in the child's case record.
(N) The PCSA or PCPA shall review and update
the ICCA or develop a new ICCA when there is a change in any information
required by paragraph (J) of this rule. The PCSA or PCPA shall provide a copy
of the updated or new ICCA to the substitute caregivers no later than
seven days after any information changes, and document its provision on the
case plan document.
(O) The PCSA or
PCPA shall maintain copies of all ICCAs and updates in the child's case record
and the substitute caregivers' record.
(P) The PCSA shall provide the substitute
caregiver with a copy of the JFS 01443 "Child's Education and Health
Information" , or its
alternative pursuant to rule
5101:2-38-08 of the
Administrative Code.
(Q) The PCSA
or PCPA holding custody shall provide the JFS 01677 "Foster Youth Rights
Handbook" to any child being
placed in substitute care who is fourteen years of age or older.
(1) If the child is placed on or after the
effective date of this rule, the child shall be given the JFS 01677 within
seven days after the placement. At the time of receipt, the caseworker shall
have the child sign the signature form of the JFS 01677.
(2) If the child attains the age of fourteen
while in custody, the child shall be given the JFS 01677 within seven days
after their fourteenth birthday. At the time of receipt, the caseworker shall
have the child sign the signature form of the JFS 01677.
(3) Any child, age fourteen or older, who was
placed prior to the effective date of this rule and has not already received
the JFS 01677 shall be given the JFS 01677 within sixty days after the
effective date of this rule.
(R) The JFS 01677 shall be reviewed with the
child. At the time of review, the caseworker shall have the child sign the
additional signature line of the JFS 01677. Once both signatures are received,
the signature page shall be included with the child's case plan, whether
initial or amendment, for submission to court.
(S) The custodial agency may provide the JFS
01677 to a child younger than age fourteen.
(T) The PCSA shall maintain in SACWIS and in
the child's case record, a detailed record of all information shared with the
caregivers, the date it was shared, and the caregivers' acknowledgment of
receipt of the information pursuant to this rule. The PCPA shall maintain this
information in the child's case record.
