FCASMTL 249 (5101:2-36 rules, eff. 10/1/2009)
Family, Children and Adult Services Manual Transmittal Letter No. 249
September 4, 2009
TO: All Family, Children and Adult Services Manual Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Amendment of the Intake and Assessment/Investigation Rules Contained in Chapter 5101:2-36 of the Ohio Administrative Code (OAC).

This letter transmits revisions to the Ohio Administrative Code (OAC) rules which address the public children services agency's (PCSA) requirements for intake and the assessment/investigation of accepted reports. These rules have been amended to provide clarity. The content of the assessment/investigation rules have been reorganized in order to provide succinct and consistent instruction to the PCSAs regarding the assessment/investigation requirements. The amendment of these rules will be effective October 1, 2009.

OAC rule 5101:2-36-01 entitled Intake and screening procedures for child abuse, neglect, dependency and family in need of services reports; and information and/or referral intakes outlines the PCSA response to gathering information from a referrent. This rule includes the PCSA responsiblities in recording referral information, categorizing referral information, and completing a screening decision with referral information in the statewide automated child welfare information system (SACWIS). Screening requirements that were previously addressed in other rules have been collapased into this rule for ease of use by PCSA staff and to provide clarity for the reader. Additionally, terminology reflected within the SACWIS has been inserted in this rule to synchronize policy and SACWIS language. Lastly, punctuation and grammatical changes were made.

OAC rule 5101:2-36-03 entitled PCSA requirements for intra-familial child abuse and/or neglect assessment/investigations outlines the PCSA requirements for responding to accepted reports of intra-familial child abuse and neglect. Qualifying criteria for an intra-familial assessment/investigation of abuse and neglect have been clarified and incorporated into this rule. Additional procedures have been clarified regarding: third party involvement, and leading assessment/investigations. Screening requirements that were previously addressed within this rule have been removed. Lastly, sequencing of several paragraphs has been altered and punctuation and grammatical changes have been made.

OAC rule 5101:2-36-04 entitled PCSA requirements for conducting a specialized assessment/investigation sets forth the PCSA requirements for conducting a specialized assessment/investigation. Qualifying criteria for a specialized assessment/investigation of abuse and neglect have been clarified and incorporated into this rule. Additional procedures have been clarified regarding: third party involvement and leading assessment/investigations. Screening requirements that were previously addressed within this rule have been removed. Lastly, sequencing of several paragraphs has been altered and punctuation and grammatical changes have been made.

OAC rule 5101:2-36-05 entitled PCSA requirements for conducting stranger danger investigations sets forth the PCSA requirements for conducting a stranger danger investigation. Qualifying criteria for a stranger danger investigation of abuse have been clarified and incorporated into this rule. Additional procedures have been clarified regarding: third party involvement and leading assessment/investigations. The required dispositional notifications have been incorporated. Lastly, sequencing of several paragraphs has been altered and punctuation and grammatical changes have been made.

OAC rule 5101:2-36-06 entitled PCSA requirements for a deserted child assessment/investigation sets forth the PCSA requirements for conducting a deserted child assessment/investigation. The rule has been amended to incorporate changes in policy resulting from the adoption of Senate Bill 304 which increased the time frame to desert an infant to less than thirty-one days old. Qualifying criteria for a deserted child have been redefined and incorporated into this rule. Additional procedures have been clarified. Screening requirements that were previously addressed within this rule have been removed. Lastly, sequencing of several paragraphs has been altered and punctuation and grammatical changes have been made.

OAC rule 5101:2-36-07 entitled PCSA requirement for conducting an assessment/investigation of the alleged withholding of medically indicated treatment from a disabled infant with life-threatening conditions sets forth the PCSA requirements for conducting an assessment/investigation regarding the medical neglect of a disabled infant with life-threatening conditions. The title has been amended. Procedures and activities have been clarified regarding: assessment/investigation activities, third party involvement, and the gathering of medical documentation and information. The required disposition notifications have been incorporated. Lastly, sequencing of several paragraphs has been altered and punctuation and grammatical changes have been made.

OAC rule 5101:2-36-08 entitled PCSA requirements for involving a third party in the assessment/investigation of a child abuse or neglect report addresses when a PCSA shall involve a third party in the assessment/investigation of child abuse or neglect. The title has been amended. Criteria identifying conflicts of interest have been clarified and incorporated into this rule. Additional procedures have been clarified regarding: who may serve as a third party, third party involvement, third party notifications, and leading assessment/investigations. The sequencing of several paragraphs has been altered and punctuation and grammatical changes have been made.

OAC rule 5101:2-36-09 entitled Requirements for dependent child assessments/investigations sets forth the PCSA requirements for conducting a dependent child assessment. Qualifying criteria for a dependent child assessment have been condensed and incorporated into this rule. Additional procedures have been specified and synchronized with other assessment/investigation rules for consistency. Screening requirements that were previously addressed within this rule have been removed. Lastly, sequencing of several paragraphs has been altered and punctuation and grammatical changes have been made.

OAC rule 5101:2-36-10 entitled PCSA requirements for responding to family in need of services reports and information sets forth the PCSA requirements for responding to family in need of services reports. The title has been amended. This rule has been amended to inlude Interstate Compact for Placement of Children (ICPC) as a family in need of services subcategory. Language has been amended for clarity. Screening requirements that were previously addressed within this rule have been removed. Information and referral intakes have been removed. The sequencing of several paragraphs has been altered and punctuation and grammatical changes have been made.

OAC rule 5101:2-36-11 entitled Justification to extend time frames for completion or waive completion of assessment/investigation activities outlines the process to extend the timeframe to complete assessment/investigation activities and outlines which assessment/investigation activites may be waived. This rule has been amended to condense and clarify requirements for the PCSA. Qualifying criteria for completing justifications to extend or waive assessment/investigation activities have been clarified and incorporated into this rule.

OAC rule 5101:2-36-12 entitled PCSA requirement for cross-referring reports of child abuse and/or neglect outlines the requirements of the PCSA to refer reports of child abuse and/or neglect to entities with a need for such information to carry out their respective duties. Language was clarified to provide guidance to PCSAs. A requirement to refer child abuse and neglect information to the superintendent of public instruction when a person who holds a license issued by the state board of education is alleged to have abused or neglected a child and the abuse or neglect is related to the person's duties and responsibilities under the license pursuant to section 5153.176 of the Revised Code has been included

OAC rule 5101:2-36-13 entitled Intrastate and interstate referral procedures for children's protective services addresses when a PCSA shall make intrastate and interstate referrals and the procedures the PCSA is to follow. This rule has been amended to clarify requirements for the PCSA. Language and requirements have been revised to incorporate SACWIS information for intrastate referrals.

OAC rule 5101:2-36-14 entitled Protective service alert addresses when a PCSA shall issue a protective service alert (PSA). This rule has been amended to clarify criteria for a PCSA to issue a PSA. Language and requirements have been revised to incoporate SACWIS information.

INSTRUCTIONS:

The following chart depicts what materials should be deleted from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.

LOCATIONREMOVE AND FILE AS OBSOLETEINSERT/REPLACEMENT
Social Services 5101:2‑36‑01
5101:2‑36‑03
5101:2‑36‑04
5101:2‑36‑05
5101:2‑36‑06
5101:2‑36‑07
5101:2‑36‑08
5101:2‑36‑09
5101:2‑36‑10
5101:2‑36‑11
5101:2‑36‑12
5101:2‑36‑13
5101:2‑36‑14
5101:2‑36‑01
5101:2‑36‑03
5101:2‑36‑04
5101:2‑36‑05
5101:2‑36‑06
5101:2‑36‑07
5101:2‑36‑08
5101:2‑36‑09
5101:2‑36‑10
5101:2‑36‑11
5101:2‑36‑12
5101:2‑36‑13
5101:2‑36‑14
Transmittal Letters FCASMTL No. 249