(A) The public children services agency
(PCSA)
shall
is to
involve a third party in the assessment/investigation
adhere to this rule for reports of child
abuse or neglect where there is a potential conflict of interest because one or
more of the following is a principal of the report:
(1) Any employee of an organization or
facility that is licensed or certified by the Ohio
department of children and youth (DCY)
Ohio
department of job and family services (ODJFS) or another state agency
and supervised by the PCSA.
(2) A
foster caregiver, pre-finalized adoptive parent, adoptive parent, relative, or
kinship caregiver who is recommended, approved, or supervised by the
PCSA.
(3) A type B family child
care home or type A family child care home licensed by DCYOhio department of job
and family services (ODJFS) when the county department of job and
family services (CDJFS) has assumed the powers and duties of the county
children services function defined in Chapter 5153. of the Revised
Code.
(4) Any employee, or agent of
ODJFS
DCY or
the PCSA as defined in Chapter 5153. of the Revised Code.
(5) Any authorized person representing
ODJFS
DCY or
the PCSA who provides services for payment or as a volunteer.
(6) A foster caregiver or an employee of an
organization or facility licensed or certified by ODJFS
DCY and the
alleged child victim is in the custody of, or receiving services from, the PCSA
that accepted the report.
(7) Any
time a PCSA determines that a conflict of interest exists. The PCSA
shall
is to
document in the case record if a conflict of interest is identified.
(B) The involvement of a third
party does not relieve the lead PCSA, as defined in
rule 5101: 2-1-01 of the Administrative Code of its responsibility to
ensure assessment/investigation activities are completed.
(C)
Within
twenty-four hours of the identification of a conflict of interest, the PCSA is
to request and document in Ohio's comprehensive child welfare information
system (CCWIS) the assistance of a third party.
(D)
The PCSA is to
make a cross-referral to law enforcement agency pursuant to rule 5101: 2-36-12
of the Administrative Code and request the assistance of law enforcement as the
third party if the child abuse or neglect report alleges a criminal
offense.
(C) A law enforcement agency or
another PCSA may serve as the third party to an assessment/investigation of
child abuse or neglect.
(1) The PCSA shall request the
assistance of law enforcement as the third party if the child abuse or neglect
report alleges a criminal offense.
(2) The PCSA may request the
assistance of another PCSA as the third party if the child abuse or neglect
report does not allege a criminal offense and both agencies agree to
participate in the assessment/investigation including the delegation of
investigatory responsibilities.
(E)
The PCSA may
request the assistance of another PCSA as the third party if the child abuse or
neglect report does not allege a criminal offense and both agencies agree to
participate in the assessment/investigation including the delegation of
investigatory responsibilities.
(F)
Upon acceptance
of the request from the lead PCSA, the non-lead PCSA as defined in rule
5101:2-1-01 of the
Administrative Code, is to complete the assessment/investigation within the
time frames established pursuant to rule 5101: 2-36-03 or 5101:2-36-04 of the
Administrative Code.
(D)(G) In lieu of law
enforcement or another PCSA, the PCSA may operate an in-house unit to
assess/investigate reports of child abuse and neglect requiring a third party
if all of the following apply:
(1) An agency
employee is not named as a principal in the report.
(2) The report does not allege a criminal
offense.
(3) The PCSA maintains
written internal policies and procedures for the review and approval of
assessments/investigations conducted by the in-house unit.
(4) The in-house unit works independently of
all other units within the PCSA.
(E) Within twenty-four hours of the
identification of a conflict of interest, the PCSA shall request and document
the assistance of a third party.
(F) Upon acceptance of the request
from the lead PCSA, the non-lead PCSA shall complete the
assessment/investigation within the time frames established pursuant to rule
5101:2-36-03 or 5101:2-36-04 of the Administrative Code.
(G)(H)
In instances where
When law enforcement or another PCSA declines to
assist the PCSA, the PCSA is responsible for conducting the
assessment/investigation
within the time frames
established pursuant to rule 5101: 2-36-03 or 5101: 2-36-04 of the
Administrative Code. The PCSA is responsible for having procedures in place to
address the conflict of interest when completing the
assessment/investigation.
The PCSA is
responsible for having procedures in place to address the conflict of interest
and ensure the completion of the assessment/investigation.
(H) The PCSA shall comply with all
procedures pursuant to rule 5101:2-36-03 or 5101:2-36-04 of the Administrative
Code.
(I) The
assessment/investigation documentation and any materials obtained as a result
of the assessment/investigation including the third- party assessment/investigation report from law
enforcement or the non-lead PCSA shall
is to be maintained in the case record.
Notes
Ohio Admin. Code
5101:2-36-08
Effective:
9/1/2024
Five Year Review (FYR) Dates:
5/31/2024 and
09/01/2029
Promulgated
Under: 119.03
Statutory
Authority: 5153.166,
5153.16,
2151.421
Rule
Amplifies: 2151.3518,
5153.16,
2151.421
Prior
Effective Dates: 02/01/1982, 10/01/1982, 01/01/1987, 01/01/1988, 03/15/1988,
01/01/1990, 10/01/1995, 06/01/1996, 06/01/1997, 04/01/2001, 03/01/2006,
10/01/2009, 03/01/2011, 03/01/2014,
06/17/2018
