Ohio Admin. Code 5101:2-38-10 - PCSA requirements for completing the semiannual administrative review
(A) Each public children services agency
(PCSA) required to prepare a "Family Case Plan" for a child pursuant to rule
5101:2-38-01 or
5101:2-38-05 of the
Administrative Code shall complete the JFS 01412 "Semiannual Administrative
Review (SAR)" for the "Family Case Plan."
(B) The PCSA shall complete the SAR no later
than every one hundred eighty days from whichever of the following activities
occurs first:
(1) Date the original PCSA court
complaint was filed.
(2) Date of
placement.
(3) Date of court
ordered protective supervision.
(4)
Date of parent, guardian, or custodian's signature on the "Family Case Plan"
for in-home supportive services only.
(C) The PCSA shall continue to complete the
SAR no later than every one hundred eighty days from the date established
pursuant to paragraph (B) of this rule.
(D) The PCSA shall complete the SAR no more
than thirty days prior to the due date.
(E) The PCSA shall complete the "Case Review"
in conjunction with the SAR.
(F)
The PCSA is to approve the SAR within five working days from the date of
submission in SACWIS.
(G) The PCSA
is to provide at least seven days' notice prior to the SAR including date,
time, and place convenient to the family to all of the following:
(1) For in-home supportive services cases,
all parties to the "Family Case Plan" as outlined in paragraph (C) of rule
5101:2-38-01 of the
Administrative Code.
(2) For
protective supervision and substitute care cases:
(a) All parties to the "Family Case Plan" as
outlined in paragraph (C) of rule
5101:2-38-05 of the
Administrative Code.
(b) The
substitute caregiver, as defined in rule
5101:2-1-01 of the
Administrative Code.
(c) For
substitute care cases in which the child is age fourteen and older, two
individuals as outlined in paragraph (G)(1)(c) of rule
5101:2-38-05 of the
Administrative Code.
(d) The
permanency team members for a child placed in an approved qualified residential
treatment program (QRTP) pursuant to rule
5101:2-42-12 of the
Administrative Code.
(H) The PCSA does not have to include any
individual listed in paragraph (G) of this rule if any of the following apply:
(1) Cannot be located after reasonable
efforts to do so;
(2) Declines to
participate in the SAR after being contacted; or
(3) Fails to appear for the scheduled
review.
(I) For a child
adjudicated as a deserted child , pursuant to section
2151.3519 of the Revised Code,
an invitation and participation of the child and parent in the SAR is not
required.
(J) For in-home
supportive services cases, a review panel of at least two people is to conduct
the SAR. The review panel is to include but not be limited to:
(1) A caseworker with day-to-day
responsibility for, or familiarity with, the management of the "Family Case
Plan,"
(2) A supervisor or
designee.
(K) For
protective supervision and substitute care cases, a review panel of at least
three people is to conduct the SAR. The review panel is to include but not be
limited to:
(1) A caseworker with day-to-day
responsibility for, or familiarity with, the management of the "Family Case
Plan."
(2) A person, not
responsible for the management of the "Family Case Plan," or the delivery of
services to the child , the child 's parent, guardian, custodian, pre-finalized
adoptive parent, or substitute caregiver.
(3) A supervisor or designee.
(L) A court hearing may take the
place of a SAR with the individuals listed in paragraph (K) of this rule if all
of the following requirements are met:
(1) The
hearing is held in time to comply with paragraph (B) of this rule.
(2) Notification is made to the parties to
the "Family Case Plan" as outlined in paragraph (C) of rule
5101:2-38-05 of the
Administrative Code.
(3) During the
hearing, the court addresses each of the issues stated in paragraph (N) of this
rule.
(4) The court hearing
documents each issue either on the SAR or by journal entry.
(M) For in-home supportive
services cases, the PCSA shall provide a copy of the SAR to all parties
outlined in paragraph (G)(1) of this rule no later than seven days after
completion of the SAR.
(N) For
protective supervision and substitute care cases the PCSA shall:
(1) File with the court a copy of the SAR no
later than seven days after completion of the SAR and shall include a copy of
the updated "Family Case Plan" as applicable.
(2) Provide a copy of the SAR to all parties
to the "Family Case Plan" in accordance with paragraph (G)(2)(a) of this rule,
before the end of the next business day, after filing the SAR with the
court.
(3) Indicate, in writing,
the parties identified in paragraph (G)(2)(a) of this rule shall have seven
days after the date the notice is sent to object to proposed changes made in
the "Family Case Plan" as a result of the SAR and request a hearing on the
proposed change.
(O)
For cases with an active concurrent plan the PCSA will
review and complete applicable updates within each SAR.
Notes
Promulgated Under: 119.03
Statutory Authority: 2151.416, 2151.412
Rule Amplifies: 2151.412, 2151.416
Prior Effective Dates: 01/14/1983, 11/01/1985 (Emer.), 01/31/1986, 01/01/1989, 01/01/1990, 01/01/1991, 07/01/1992, 06/01/1997, 03/18/1999 (Emer.), 06/17/1999, 04/01/2001, 12/01/2001, 03/01/2006, 10/01/2009, 12/31/2010, 12/01/2012, 05/30/2014, 08/01/2016, 09/10/2021
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) Each public children services agency (PCSA) required to prepare a "Family Case Plan" for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code shall complete the JFS 01412 "Semiannual Administrative Review (SAR)" for the "Family Case Plan."
(B) The PCSA shall complete the SAR no later than every one hundred eighty days from whichever of the following activities occurs first:
(1) Date the original PCSA court complaint was filed.
(2) Date of placement.
(3) Date of court ordered protective supervision.
(4) Date of parent, guardian, or custodian's signature on the "Family Case Plan" for in-home supportive services only.
(C) The PCSA shall continue to complete the SAR no later than every one hundred eighty days from the date established pursuant to paragraph (B) of this rule.
(D) The PCSA shall complete the SAR no more than thirty days prior to the due date.
(E) The PCSA shall complete the "Case Review" in conjunction with the SAR.
(F) The PCSA is to approve the SAR within five working days from the date of submission in SACWIS.
(G) The PCSA is to provide at least seven days' notice prior to the SAR including date, time, and place convenient to the family to all of the following:
(1) For in-home supportive services cases, all parties to the "Family Case Plan" as outlined in paragraph (C) of rule 5101:2-38-01 of the Administrative Code.
(2) For protective supervision and substitute care cases:
(a) All parties to the "Family Case Plan" as outlined in paragraph (C) of rule 5101:2-38-05 of the Administrative Code.
(b) The substitute caregiver, as defined in rule 5101:2-1-01 of the Administrative Code.
(c) For substitute care cases in which the child is age fourteen and older, two individuals as outlined in paragraph (G)(1)(c) of rule 5101:2-38-05 of the Administrative Code.
(d) The permanency team members for a child placed in an approved qualified residential treatment program (QRTP) pursuant to rule 5101:2-42-12 of the Administrative Code.
(H) The PCSA does not have to include any individual listed in paragraph (G) of this rule if any of the following apply:
(1) Cannot be located after reasonable efforts to do so;
(2) Declines to participate in the SAR after being contacted; or
(3) Fails to appear for the scheduled review.
(I) For a child adjudicated as a deserted child, pursuant to section 2151.3519 of the Revised Code, an invitation and participation of the child and parent in the SAR is not required.
(J) For in-home supportive services cases, a review panel of at least two people is to conduct the SAR. The review panel is to include but not be limited to:
(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the "Family Case Plan,"
(2) A supervisor or designee.
(K) For protective supervision and substitute care cases, a review panel of at least three people is to conduct the SAR. The review panel is to include but not be limited to:
(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the "Family Case Plan."
(2) A person, not responsible for the management of the "Family Case Plan," or the delivery of services to the child, the child's parent, guardian, custodian, pre-finalized adoptive parent, or substitute caregiver.
(3) A supervisor or designee.
(L) A court hearing may take the place of a SAR with the individuals listed in paragraph (K) of this rule if all of the following requirements are met:
(1) The hearing is held in time to comply with paragraph (B) of this rule.
(2) Notification is made to the parties to the "Family Case Plan" as outlined in paragraph (C) of rule 5101:2-38-05 of the Administrative Code.
(3) During the hearing, the court addresses each of the issues stated in paragraph (N) of this rule.
(4) The court hearing documents each issue either on the SAR or by journal entry.
(M) For in-home supportive services cases, the PCSA shall provide a copy of the SAR to all parties outlined in paragraph (G)(1) of this rule no later than seven days after completion of the SAR.
(N) For protective supervision and substitute care cases the PCSA shall:
(1) File with the court a copy of the SAR no later than seven days after completion of the SAR and shall include a copy of the updated "Family Case Plan" as applicable.
(2) Provide a copy of the SAR to all parties to the "Family Case Plan" in accordance with paragraph (G)(2)(a) of this rule, before the end of the next business day, after filing the SAR with the court.
(3) Indicate, in writing, the parties identified in paragraph (G)(2)(a) of this rule shall have seven days after the date the notice is sent to object to proposed changes made in the "Family Case Plan" as a result of the SAR and request a hearing on the proposed change.
(O) For cases with an active concurrent plan the PCSA will review and complete applicable updates within each SAR.
Notes
Promulgated Under: 119.03
Statutory Authority: 2151.416, 2151.412
Rule Amplifies: 2151.412, 2151.416
Prior Effective Dates: 01/14/1983, 11/01/1985 (Emer.), 01/31/1986, 01/01/1989, 01/01/1990, 01/01/1991, 07/01/1992, 06/01/1997, 03/18/1999 (Emer.), 06/17/1999, 04/01/2001, 12/01/2001, 03/01/2006, 10/01/2009, 12/31/2010, 12/01/2012, 05/30/2014, 08/01/2016, 09/10/2021