(A) A public
children services agency (PCSA)
shall
is to conduct a dependency assessment in response to a
report alleging that a child is dependent pursuant to
section 2151.04 of the Revised
Codedependency report if any of the following
conditions apply to a child subject of the report absent allegations
of abuse or neglect
.:
(1) The child subject of the report
is homeless or destitute or without adequate parental care, through no fault of
the child's parents, guardian, or custodian.
(2) The child subject of the report
lacks adequate parental care as defined in section 2151.011 of the Revised
Code.
(3) The child subject of the
report's condition or environment is such as to warrant the state, in the
interests of the child, in assuming the child's guardianship.
(4) The child subject of the report
is residing in a household where a parent, guardian, custodian, or other member
of the household committed an act that was the basis for adjudication and a
sibling of the child or any other child who resides in the household is an
abused, neglected, or dependent child.
(B) The PCSA may request the assistance of
law enforcement during an assessment if the following situations exist and the
reason for contacting law enforcement is documented in
Ohio's comprehensive child welfare information system
(CCWIS)the case record:
(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.
(C) The
PCSA
shall
is
to initiate the screened in dependency report in accordance with the
following:
(1) For an emergency report,
attempt a face-to-face contact with the child subject of the report within one
hour from the time the referral was screened in, to assess child safety and
interview the child subject of the report.
(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)
Attempt a
face-to-face contact with the child subject of the
reportor 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 child subject of
the report's current condition, and can provide current information about the
child's safety.
(b)
Complete a telephone contact with a parent, guardian,
custodian, or collateral source who has knowledge of the child subject of the
report's current condition, and can provide current information about the
child's safety.
(3) If face-to-face contact with the
child subject of the report was not attempted within the twenty-four hour time
frame, an attempt of face-to-face contact with the child subject of the report
shall be made within seventy-two hours from the time the report was screened in
to assess child safety and interview the child subject of the
report.
(D)
If the child
subject of the report 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
(E) of this rule can be made virtually 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 child subject of the report's current
condition and can provide current information about the child subject of the
report's safety.
(D) The PCSA shall document in the
case record the date, time, and with whom the assessment was
initiated.
(E) The
PCSA
is to, at minimum, complete face-to-face contacts
and interview each child subject of the report and at least one parent,
guardian, custodian, or caretaker to assess child safety and
shall complete the
JFS 01401 "Comprehensive Assessment Planning Model -
I.S., Safety Assessment" (rev. 2/2006)
"Safety
Assessment" 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 child subject of the report and a parent,
guardian, custodian, or caregiver
caretaker within the first four working days from the
date the report
referral was screened in as
a dependent report.
(2) If
the PCSA's attempt to complete face-to-face contact pursuant to paragraph
(E)(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 that the referral was screened in as a
report.
(F)(3) If the attempted
face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule
are unsuccessful, the PCSA is to, at a minimum, continue making face-to-face
attempts at least every five working days until any of the following occur:
(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
complete a final case decision pursuant to paragraph (O)(2) of this
rule.
(G)(F) The PCSA
shall
will not
interview the child subject of the report or
his or
her siblings
another child who resides in the
home without
the child's parent, guardian, or
custodian's
parental 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 their home.
(3) There is credible information indicating
that the child may be intimidated from discussing the alleged dependency in
his/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.
(H) If a child subject of the report
provides 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 child subject of the report,
the interview of the sibling who was not identified as a child subject of the
report may occur without parental consent.
(I)(G) If
a child is interviewed without parental
the child's parent, guardian, or custodian's 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 their child occurred. If unsuccessful, an attempt to
complete face-to-face contact shall
is to occur once every five working days until contact
is made with the child's parent, guardian, or custodian or the time frame for
completion of the assessment expires.
(J)(H) The specific facts
necessitating the assessment interviews of a child be conducted without
the child's parent, guardian, or custodian's
parental consent
must
is to be
documented in
the case record
Ohio's CCWIS.
(K) The PCSA shall conduct and
document face-to-face interviews with each child residing within the home of
the child subject of the report. If possible, each child should be interviewed
separate and apart from the caretaker. The purpose of the interviews is
to:
(1) Evaluate each child's
condition.
(2) Determine if the child is
safe.
(3) Obtain each child's
understanding of the concerns contained in the report.
(L)(I) The PCSA need not
interview a child if it is
documented in Ohio's
CCWIS
determined 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.
(2) Additional interviewing would be
detrimental to the child. For required non-lead interviews, this determination
shall be made by the lead PCSA pursuant to paragraph (X) or (Y) of this
rule.
(M) The PCSA shall conduct and
document face-to-face interviews with the child's parent, guardian, or
custodian and all adults residing in the home of the child in order
to:
(1) Assess their knowledge of the
situation.
(2) Observe the interaction between
the child and caretaker.
(3) Obtain relevant information
regarding the safety and risk to the child.
(N)(J) At
the time of the initial contact with the parent,
guardian, or custodian,
adult subject(s) of
the report, the PCSA shall
is to advise the adult
subject(s) of the report
parent, guardian, or
custodian of the specific concerns. The initial contact between the
caseworker assessing a dependent child report and the
adult subject(s) of the report
parent, guardian, or custodian
of the report includes, whichever occurs
first, face-to-face or telephone contact with the person if information is
gathered as part of the assessment process.
(O)(K) The PCSA
shall
is to
conduct and document face-to-face interviews or telephone interviews with
anyone identified as possible sources of information during the assessment to
obtain relevant information regarding the safety 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.
(P)(L)
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 the child's
environment with the parent, guardian, or custodian's consent.
(2)
Attempt
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.
(3)
Attempt
Attempting to secure any relevant records, including
but not limited to school, mental health, and medical records.
(Q)(M) 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.
(R)(N) 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.
(O)
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 child subject of
the report residing in the home. Family includes all individuals described in
rule 5101:2-37-03 of the
Administrative Code.
(2)
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
dependency report involves a principal of the report who is currently receiving
ongoing protective services from the PCSA.
(S) The PCSA shall 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 report was screened in. The PCSA may extend the time frame by
a maximum of fifteen days if information needed to determine the 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.
(T) If the dependency report
involves a principal of the report who is currently receiving ongoing
protective services from the PCSA, the PCSA shall complete the final case
decision 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 report was screened
in.
(2) The PCSA may extend the time
frame by a maximum of fifteen days if information needed to determine the 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.
(U)(P)
The PCSA shall
will not waive the completion of the final case
decision.
(V)(Q) The PCSA
shall
will
request assistance from the county prosecutor, the PCSA's legal counsel, or the
court if refused access to the child or any records required
needed to
conduct the assessment.
(W)(R) The PCSA
shall
is to
have an interpreter present for all interviews if the PCSA has determined that
a member of the case has any impairment
factor that creates
causes a
barrier to communication, including but not limited to a principal of the
report who is deaf or hearing impaired, has
limited English proficiency or is developmentally delayed.
(X)(S)
Within two working
No later than five business days
of
after
completion of the assessment, the PCSA
shall
is to do all of
the following:
(1) Notify the child
subject of the report, unless the child is not of
an age or developmental capacity to understand; and the child's
parent, guardian, or custodian
parent(s), guardian(s), or custodian(s) of the final
case decision.
(2) Notify the
caretaker in writing of the final case decision.
(3) Refer any child zero to three years of
age to "Help Me Grow" if a developmental delay is suspected.
(4) 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 and the final case decision.
(5) 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 completed.
(Y) If two or more Ohio PCSAs are
involved in an assessment, 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, or legal custodian of the
child subject of the report resides.
(3) If an order of shared parenting
has been issued, and there has been no residential parent designated by the
court, the PCSA located within the county of residence of the custodian who has
physical care of the child subject of the report at the time the incident
occurred.
(Z) If a report of dependency
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
and provide the required supportive services or petition the court for custody
of the child, if necessary.
(2) Lead the assessment if a
determination was 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 if a
determination cannot be made immediately if an agreement is in
effect.
(AA) 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 01402, and the
JFS 01400 within the time frames outlined in this rule. All PCSAs involved
shall document the request in the case record.
(BB)(T) The assessment
documentation and any materials obtained as a result of the assessment
shall
are to
be maintained in the case record. If any information gathering activity cannot
be completed, justification and
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.
