Ohio Admin. Code 5101:2-42-65 - Caseworker visits and contacts with children in substitute care

(A) The public children services agency (PCSA) or private child placing agency (PCPA) that holds custody of a child shall is to comply with the provisions set forth in this rule regarding caseworker visits and contacts with the child and the substitute caregivers to ensure the child's safety and well-being, and to assess whether the placement and services continue to meet the child's needs in accordance with the case plan.

(B) Visits and contacts shall are to be conducted by a caseworker within the PCSA or PCPA that has full responsibility for case planning and case management of the child's case.

(1) If the caseworker responsible for the child's case is unable to complete the visit, the caseworker completing the visit shall is to document in the child's case the reason someone other than the assigned caseworker visited the child.

(2) The caseworker assigned to the child's case shall is to complete the majority of the required monthly visits.

(3) The PCSA or PCPA, as part of a managed care agreement as defined in rule 5101:2-1-01 of the Administrative Code, may contract with another agency to have the managed care caseworker assume responsibility for the child's case and caseworker visits required by this rule.

(C) The minimum frequency of visits shall will be as follows, with individual time for the child as appropriate to his or her ability to communicate:

(1) For a child placed in a relative or non-relative home approved pursuant to rule 5101:2-42-18 of the Administrative Code or a foster home certified pursuant to Chapter 5101:2-5 of the Administrative Code:

(a) One face-to-face visit with the child and substitute caregiver within the substitute care setting during the first week of placement, not including the first day of placement.

(b) One face-to-face visit with the child and the substitute caregiver within the substitute care setting during the first four weeks of placement, not including the visit during the first week of placement.

(c) Monthly face-to-face visits with the child and substitute caregiver within the substitute care setting, which may include visits referenced in paragraphs (C)(1)(a) and (C)(1)(b) of this rule, provided that at least one of the visits occurs within each month.

(d) In a home which has two or more substitute caregivers, assure ensure that each caregiver receives at least one of the face-to-face visits referenced in paragraphs (C)(1)(a) to (C)(1)(c) of this rule in each three-month period. If a caregiver is out of the home for the entire three-month period (e.g. military leave or extended hospital stay) the caregiver is exempt from the visits for that time period.

(e) If the circumstances of the case require more than one monthly visit, the additional visit(s) may be conducted by a caseworker employed by an agency contracted by the PCSA or PCPA to provide services for the case.

(2) For a child for whom a special, exceptional, or intensive needs difficulty of care payment is made pursuant to rule 5101:2-47-18 of the Administrative Code and placed in a treatment or medically fragile foster home certified pursuant to Chapter 5101:2-5 of the Administrative Code:

(a) One face-to-face visit with the child and substitute caregiver within the substitute care setting during the first week of placement, not including the first day of placement.

(b) One contact each week with the caregiver to monitor the child's progress.

(c)(b) One face-to-face visit with the substitute caregiver and child should occur twice monthly, but not within the same week.

(d)(c) At least one of the monthly visits shall is to occur within the treatment or medically fragile foster home.

(e)(d) In a foster home which has two or more substitute caregivers on the certificate, assure that each caregiver receives at least one of the face-to-face visits referenced in paragraphs (C)(2)(a) to (C)(2)(c) of this rule in each three-month period. If a caregiver is out of the home for the entire three-month period (e.g. military leave or extended hospital stay) the caregiver is exempt from the visits for that time period.

(f)(e) At least one of the monthly visits shall is to be conducted by a caseworker within the PCSA or PCPA that has full responsibility for case planning and case management of the child's case. Any additional visit(s) may be conducted by a caseworker employed by an agency contracted by the PCSA or PCPA to provide services for the case.

(3) For a child placed in a residential facility or substance use disorder (SUD) residential facility as defined in rule 5101:2-1-01 of the Administrative Code:

(a) One contact with the residential facility or SUD residential facility and the child as developmentally appropriate within ten days of placement, not including the first day of placement.

(b) Monthly face-to-face visits with the child, within the residential facility or SUD residential facility. Visits shall will be conducted by a caseworker within the PCSA or PCPA that has full responsibility for case planning and case management of the child's case.

(i) If the caseworker responsible for the child's case is unable to complete the visit, the caseworker completing the visit shall is to document in the child's case the reason someone other than the assigned caseworker visited the child.

(ii) The caseworker assigned to the child's case shall is to complete the majority of the required monthly visits.

(c) The caseworker within the residential facility or SUD residential facility, performing casework duties, shall will not conduct visits on behalf of the PCSA or PCPA.

(4) For a child who is sixteen years of age or older and placed in an independent living arrangement in which he or she has responsibility for his or her individual living environment:

(a) One face-to-face visit with the child within the living environment within the first week of placement, not including the first day of placement.

(b) Monthly face-to-face visits with the child, within the living environment, which may include the visit referenced in paragraph (C)(4)(a) of this rule. Visits shall are to be conducted by a caseworker within the PCSA or PCPA that has full responsibility for case planning and case management of the child's case.

(i) If the caseworker responsible for the child's case is unable to complete the visit, the caseworker completing the visit shall is to document in the child's case the reason someone other than the assigned caseworker visited the child.

(ii) The caseworker assigned to the child's case shall is to complete the majority of the required monthly visits.

(D) Contacts and visits for children in the custody of a PCSA or PCPA shall are to be documented in the child's case record as outlined in rules 5101:2-33-23 and 5101:2-33-70 of the Administrative Code and address the following:

(1) The child's safety and well-being within the substitute care setting. In assessing the child's safety and well-being, the caseworker shall is to consider the following through observation and information obtained during the contact or visit:

(a) The child's current behavior, emotional functioning and current social functioning within the substitute care setting, and any other settings/ activities in which he or she is involved. The caseworker shall will also document evidence that the caregiver is following the reasonable and prudent parent standard in allowing the child regular opportunities to participate in age or developmentally appropriate activities.

(b) The child's current vulnerability.

(c) The protective capacities of the child's caregiver(s).

(d) Any new information regarding the child, the substitute care setting, and impact on the substitute caregiver's willingness or ability to care for the child including but not limited to:

(i) Changes in the marital status.

(ii) Significant changes in the health status of a household member.

(iii) Placement of additional children.

(iv) Birth of a child.

(v) Death of a child or household member.

(vi) A criminal charge, conviction or arrest of any household member.

(vii) Addition or removal of temporary or permanent household members.

(viii) Family's relocation.

(ix) Child's daily activities.

(x) A change in the caregiver's employment or other financial hardships.

(e) Any supportive services needed for the child or caregiver to assure the child's safety and well-being.

(2) The child's progress toward any goals in the case plan as applicable from information obtained from the child and caregiver.

(3) Permanency planning in accordance with the child's case plan.

(E) For a child who is placed through the "Interstate Compact for the Placement of Children" into a substitute care setting outside of Ohio, the agency shall is to follow the directives in Chapter 5101:2-52 of the Administrative Code, and the regulations of the interstate compact, located at https://aphsa.org/AAICPC/AAICPC/ICPC_Regulations.aspx.

Notes

Ohio Admin. Code 5101:2-42-65

Effective: 2/15/2024
Five Year Review (FYR) Dates: 11/21/2023 and 02/15/2029
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.166
Rule Amplifies: 5103.03, 5153.16
Prior Effective Dates: 09/28/1987, 01/01/1991, 09/01/1993, 10/01/1997, 10/09/2006, 02/17/2008, 06/22/2009, 08/11/2014, 01/01/2016, 11/01/2019