(A) A public children services agency (PCSA)
shall
is to
conduct an intra-familial child abuse and/or neglect assessment/investigation
in response to a child abuse and/or neglect report if one or more of the
following applies:
(1) The alleged perpetrator
is a member of the alleged child victim's family.
(2) The alleged perpetrator is known to the
family or child and has had access to the alleged child victim, whether or not
the access was known or authorized by the child's parent, guardian or
custodian.
(3) The alleged
perpetrator is involved in daily or regular care for the alleged child victim,
excluding a person responsible for the care of a child in an out-of-home care
setting.
(B) An
intra-familial assessment/investigation
shall
is to involve a
third party if a principal named in the report poses a conflict of interest for
the PCSA pursuant to rule
5101:2-36-08 of the
Administrative Code.
(C)
The PCSA is to make a cross-referral to law enforcement
pursuant to rule
5101:2-36-12 of the
Administrative Code.
(C)(D) The PCSA may
request the assistance of law enforcement during an assessment/investigation if
one or more of the following situations exist and the reason for contacting law
enforcement is documented in
the case
record
Ohio's comprehensive child welfare
information system (CCWIS):
(1) The
agency has reason to believe that the child is in immediate danger of serious
harm.
(2) The agency has reason to
believe that the worker is, or will be, in danger of harm.
(3) The agency has reason to believe that a
crime is being committed, or has been committed against a child.
(4) The assistance of law enforcement needs
to be invoked in accordance with the county child abuse and neglect memorandum
of understanding.
(E)
No later than seven calendar days after the screening
decision, the PCSA is to provide written notification to all referents who are
mandated reporters in accordance with section
2151.421 of the Revised
Code.
(D)(F) The PCSA
shall
is to
initiate the screened in child abuse and/or neglect report in accordance with
the following:
(1) For an emergency report,
attempt a face-to-face contact with the alleged child victim within one hour
from the time the referral was screened in, to assess child safety and
interview the alleged child victim.
(2) For all other reports,
complete one of the following within twenty-four hours
from the time the referral was screened in, to assess child
safety:attempt a face-to- face contact or
complete a telephone contact within twenty-four hours from the time the
referral was screened in, with a principal of the report or collateral source
who has knowledge of the alleged child victim's current condition, and can
provide current information about the child's safety.
(a)
Attempt a
face-to-face contact with the alleged child victim.
(b)
Complete
telephone contact with a parent, guardian, custodian, or collateral source who
has knowledge of the alleged child victim's current condition, and can provide
current information about the child's safety.
(3) If face-to-face contact with the
alleged child victim was not attempted within the twenty-four hour time frame,
an attempt of face-to-face contact with the alleged child victim shall be made
within seventy-two hours from the time the report was screened in to assess
child safety and interview the alleged child victim.
(G)
If the alleged child victim is an infant or nonverbal
child, who is currently in a hospital setting and is not scheduled for
discharge within seventy-two hours from the time the referral is screened in,
contact as described in paragraph (H) of this rule can be made virtually or by
phone prior to discharge with the direct medical staff who is providing care
for the infant or child and is able to provide information regarding the
alleged child victim's safety.
(E) The PCSA shall document in the
case record the date, time, and with whom the assessment/investigation was
initiated.
(F)(H) The PCSA
is to, at minimum, complete face-to-face contacts and
interview each alleged child victim and at least one parent, guardian,
custodian, or caretaker to assess child safety and complete the "Safety
Assessment"shall complete the JFS 01401
"Comprehensive Assessment Planning Model - I.S., Safety Assessment" (rev.
2/2006) pursuant to rule
5101:2-37-01 of the
Administrative Code.
Attempts to conduct these
face-to-face interviews are to be completed as follows, until the needed
face-to-face contacts and interviews are completed:
(1) The PCSA shall
is to attempt
face-to-face contact with the alleged child victim and a parent, guardian,
custodian, or caregiver
caretaker within the first four working days from the
date the report
referral was screened in as
an abuse or neglect report.
(2) If the PCSA's attempt to complete
face-to-face contact pursuant to paragraph (F)(1)
(H)(1) of this
rule is unsuccessful, the PCSA shall
is to attempt at least one additional face-to-face
contact within the first four working days from the date the referral was
screened in as a report.
(G)(3) If
the attempted face-to-face contacts
described in
paragraphs (H)(1) and (H)(2)with the alleged
child victim, as specified in paragraphs (D) and (F) of this rule are
unsuccessful, the PCSA
shall
is to, at a minimum, continue making
face- to-face attempts
for face-to-face contact at least every five
working days until
any of the following
occur:the child is seen or until the PCSA is
required to make a report disposition pursuant to paragraph (V) or (W) of this
rule.
(a)
Contacts are made,
(b)
The parent,
guardian, or custodian refuses contact and the PCSA files a complaint in
juvenile court, or
(c)
The PCSA needs to make a report disposition pursuant to
paragraph (V)(2) of this rule.
(H)(I)
The PCSA
shall
will not interview the alleged child victim or
another child who resides in the homehis or her siblings without
a parent, guardian, or custodian'sparental consent, unless one of the following
exigent circumstances exists:
(1) There is
credible information indicating the child is in immediate danger of serious
harm or can provide information regarding immediate
danger of serious harm.
(2)
There is credible information indicating that the child will be in immediate
danger of serious harm upon return home from school or other locations away
from his or her
their home.
(3) There is credible information indicating
that the child may be intimidated from discussing the alleged abuse or neglect
in his or her
their home.
(4) The child requests to be interviewed at
school or another location due to one of the circumstances listed in this
paragraph.
(I) Should an alleged child victim
provide information during an interview that indicates a sibling might be in
immediate danger of serious harm or that the sibling could provide information
regarding immediate danger of serious harm to the alleged child victim, the
interview of the sibling who was not identified as an alleged child victim may
commence without parental consent.
(J) The specific facts necessitating that
investigative interviews of a child be conducted without
a parent, guardian, or custodian'sparental consent must
are to be
documented in the case record
Ohio's CCWIS.
(K) If a child is interviewed without
a parent, guardian, or custodian'sparental consent, then the same day, the PCSA
shall
is to
attempt a face-to-face contact or complete a telephone contact with the child's
parent, guardian, or custodian to inform them that an interview of the child
occurred and provide the specific facts necessitating
that
necessitated the child be contacted
interviewed
without parental
a
parent, guardian, or custodian's consent.
(L) If the attempt to contact the child's
parent, guardian, or custodian pursuant to
paragraph (K) of this rule is unsuccessful, the PCSA
shall
is to continue
to attempt to complete face-to-face contact with the child's parent, guardian
or custodian once every five working days until contact is made with the
child's parent, guardian, or custodian, or until the PCSA
is required
needs to make a
case
report
disposition pursuant to
paragraph
paragraphs (V)
(V)(2)
and (W) of
this rule.
(M) The PCSA shall conduct and
document face-to-face interviews with each child residing within the home of
the alleged child victim. If possible each child should be interviewed
separately and apart from the alleged perpetrator. The purpose of the
interviews is to:
(1) Evaluate each child's
condition.
(2) Determine if each child is
safe.
(3) Obtain each child's explanation
regarding the allegations contained in the report.
(N)(M)
The PCSA need not interview a child if it is documented in
Ohio's CCWISthe case
record that
the child does not have sufficient
verbal skills or additional interviewing would be detrimental to the
child.:
(1) The child does not have
sufficient verbal skills, or
(2) Additional interviewing would be
detrimental to the child, unless requested by the lead PCSA pursuant to
paragraph (BB) or (CC) of this rule.
(N)
The PCSA is to
advise the parent, guardian, or custodian of the information contained in the
report at the time of the initial contact. The initial contact between the PCSA
and the parent, guardian, or custodian includes face-to-face or telephone
contact, whichever occurs first, if information is gathered as part of the
assessment process.
(O)
The PCSA is to advise the alleged perpetrator of the
allegations made against them at the time of the initial contact with the
person. The initial contact between the PCSA and the alleged perpetrator of the
report includes the first face-to-face or telephone contact, whichever occurs
first, if information is gathered as part of the assessment/investigation
process.
(O)(P) The PCSA
shall
is to
conduct and document face-to-face interviews with the alleged perpetrator
and all adults residing in the home of the alleged
child victim, unless law enforcement or the county prosecutor will
interview the alleged perpetrator pursuant to the procedures delineated in the
county child abuse and neglect memorandum of understanding
., in order to:
(1) Assess his or her knowledge of
the allegation.
(2) Observe the interaction between
the alleged child victim and caretaker.
(3) Obtain relevant information
regarding the safety and risk to the child.
(P) The PCSA shall advise the
alleged perpetrator of the allegations made against him or her at the time of
the initial contact with the person. The initial contact between the PCSA and
the alleged perpetrator of the report includes the first face-to-face or
telephone contact, whichever occurs first, if information is gathered as part
of the assessment/investigation process.
(Q) The PCSA shall
is to conduct
and document face-to-face or telephone interviews with any person identified as
a possible source of information during the assessment/investigation to obtain
relevant information regarding the safety of and risk to the child. The PCSA
shall
is to
exercise discretion in the selection of collateral sources to protect the
family's right to privacy
of the principals of the report.
(R) The PCSA
shall
is to take any
other actions necessary to assess safety and risk to the child. These actions
may include, but are not limited to:
(1)
Taking photographs of areas of trauma
physical injury on the child's body.
(2) Taking photographs of the child's
environment with the parent, guardian, or custodian's consent.
(3) Attempting to secure a medical
examination or psychological evaluation or both of the child with consent of
the child's parent, guardian, or custodian or with a court order.
(4) Attempting to secure any relevant
records, including but not limited to school, mental health, and medical
records.
(S) For all
reports involving
an
a substance affected infant
as
defined in rule
5101:2-1-01
identified as affected by legal or illegal substance abuse
or withdrawal symptoms resulting from prenatal or postnatal substance exposure
pursuant to rule 5101:2-1-01 of the Administrative Code the PCSA
shall
is to:
(1) Ensure the plan of safe care/family care plan has been developed.
(2) Ensure the plan of safe care/family care plan addresses the safety needs of the
infant.
(3) Ensure the plan of safe
care/family care plan addresses the health and
substance use disorder treatment needs of the affected family or
caregiver.
(T) At any
time the PCSA determines a child to be in immediate danger of serious harm, the
PCSA
shall
is
to follow procedures outlined in rule
5101:2-37-02 of the
Administrative Code.
(U) If the
PCSA determines supportive services are necessary, the supportive services
shall
are to
be made available to the child
, his or her
and/or the child's parent, guardian, or custodian
during all of the following pursuant to
procedures established in rule
5101:2-40-02 of the
Administrative Code
.:
(1) The safety planning
process.
(2) The assessment/investigation
process.
(V)
No later than sixty calendar days from the date the
PCSA screened in the referral, the PCSA is to:
(1)
At minimum,
complete face-to-face contact and interview the family of the alleged child
victim/child subject of report residing in the home. Family includes all
individuals identified in rule
5101:2-37-03 of the
Administrative Code.
(2)
Complete the report disposition.
(3)
Arrive at a final
case decision by completing either:
(a)
The "Family Assessment" pursuant to rule
5101:2-37-03 of the
Administrative Code, or
(b)
The "Ongoing Case Assessment/Investigation" if the
child abuse and/or neglect report involves a principal of the report who is
currently receiving ongoing protective services from the PCSA.
(V) The PCSA shall complete the
report disposition and arrive at a final case decision by completing the JFS
01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev.
7/2006) no later than forty-five days from the date the PCSA screened in the
referral as a child abuse and/or neglect report. The PCSA may extend the time
frame by a maximum of fifteen days if information needed to determine the
report disposition and final case decision cannot be obtained within forty-five
days and the reasons are documented in the case record pursuant to rule
5101:2-36-11 of the Administrative Code.
(W) If the child abuse and/or
neglect report involves a principal of the report who is currently receiving
ongoing protective services from the PCSA, the PCSA shall complete the report
disposition by completing the JFS 01402 "Comprehensive Assessment Planning
Model - I.S., Ongoing Case Assessment/Investigation" (rev.
7/2006).
(1) The JFS 01402 shall be completed
no later than forty-five days from the date the PCSA screened in the referral
as a child abuse and/or neglect report.
(2) The PCSA may extend the time
frame by a maximum of fifteen days if information needed to determine the
report disposition cannot be obtained within forty- five days and the reasons
are documented in the case record pursuant to rule 5101:2-36-11 of the
Administrative Code.
(X)(W)
The PCSA shall
will not waive the completion of the report
disposition.
(Y)(X) The PCSA
shall
is to
request assistance from the county prosecutor, the PCSA's legal counsel, and/or
the court if refused access to the alleged child victim or any records
necessary to conduct the assessment/investigation.
(Z)(Y) The PCSA
shall
is to
have an interpreter present for all interviews if the PCSA has determined that
a principal of the report has a language or
any other impairment
factor that causes a barrier in communication,
including but not limited to a principal of the report who is deaf or hearing
impaired, limited English proficiency or is developmentally delayed.
(AA)(Z)
Within two working
No later than five business days
of
after
completion of the assessment/investigation, the PCSA
shall
will do
all of the following as applicable:
(1) Notify the alleged child victim,
unless the child is not of an age or developmental capacity to understand; and
the child's parent(s), guardian(s), or
custodian(s)parent, guardian, or
custodian of the report disposition and final case decision.
(2) Notify the alleged perpetrator in writing
of the report disposition; the right to appeal;
the
PCSA's appeal process including timeframes; and the method by which the
alleged perpetrator may appeal the disposition as outlined in rule
5101:2-33-20 of the
Administrative Code.
(3) Refer all
children under the age of three to "Help Me Grow" for early intervention
services if there is a substantiated report of child abuse or neglect
regardless of the child's role in the report.
(4) Refer any
substance affected infant
as
defined in rule
5101:2-1-01 of the
Administrative Codewho has been born and
identified as affected by legal or illegal substance abuse or withdrawal
symptoms or fetal alcohol spectrum disorder resulting from prenatal drug
exposure to "Help Me Grow."
(5) Notify all participants involved in the
plan of safe care
/family care plan identified on the
current release of information signed by the infant's parent, guardian, or
custodian of the final case decision. The final decision includes whether
the case will be
tranferred
transferred
for ongoing PCSA services, closed and referral made to community services, or
closed. The following plan of safe care
/family care
plan participants
shall
are to be notified:
(a) Parents, guardians, custodians or other
caregivers for the infant.
(b)
Health care providers involved in the delivery or care of the infant.
(c) Collaborating professional partners and
agencies involved in caring for the infant and family.
(6) Notify the child's non-custodial parent,
who holds residual parental rights to the child and maintains an ongoing
relationship through visitation with the child and/or payment of child support,
of the receipt of the report, the report disposition, and the case
decision.
(7) Document in
the case record
Ohio's CCWIS, the date and method of notification to
the principals of the report of the above listed activities.
(AA)
No
later than seven calendar days from the date of the completion of the report
disposition, the PCSA is to provide written notification to all referents who
are mandated reporters in accordance with section
2151.421 of the Revised
Code.
(BB) If two or more Ohio PCSAs are
involved in an assessment/investigation the lead county shall be determined by
the following criteria:
(1) The PCSA located within the
county where a juvenile court has issued a protective supervision
order.
(2) The PCSA located within the
county where the custodial parent, legal guardian, legal custodian of the
alleged child victim resides.
(3) If an order of shared parenting
has been issued and a residential parent has not been designated by the court,
the PCSA located within the county of residence of the custodian who has
physical care of the alleged child victim at the time the incident
occurred.
(CC) If a report of child abuse and
neglect involves a child who is living in a shelter for victims of domestic
violence or a homeless shelter, the PCSA that received the report shall do one
of the following:
(1) Determine if the child was
brought to the shelter pursuant to an agreement with a shelter in another
county. If a determination is made that there was an agreement in place, the
PCSA from the county from which the child was brought shall lead the
assessment/investigation and provide the required supportive services or
petition the court for custody of the child, if necessary.
(2) Lead the
assessment/investigation if a determination is made that the child was not
brought to the shelter under an agreement with a shelter in another county. If
two or more PCSAs are involved, all PCSAs shall be responsible for following
procedures outlined in this rule.
(3) Commence the
assessment/investigation if a determination cannot be made immediately if an
agreement is in effect.
(DD) If requested by the lead PCSA,
either verbally or in writing, the non-lead PCSA located in a non-contiguous
county shall conduct interviews of any principals of the report and collateral
sources presently located within its jurisdiction to provide the lead agency
with the information necessary to complete the JFS 01401, JFS 01400, and/or JFS
01402 within the time frames outlined in this rule. All PCSAs involved shall
document the request in the case record.
(EE)(BB)
The PCSA
shall
is
to follow procedures set forth in rule
5101:2-36-07 of the
Administrative Code if the report involves alleged withholding of medically
indicated treatment from a disabled infant with life-threatening
conditions.
(FF)(CC) The
assessment/investigation documentation and any materials obtained as a result
of the assessment/investigation
shall
are to be maintained in the case record. If any
information gathering activity cannot be completed, justification and the
written approval of the director or the
designee
shall
are
to be
filed
documented in
the case
record
Ohio's CCWIS in accordance with
rule
5101:2-36-11 of the
Administrative Code.
