(A) A public
children services agency (PCSA) shall attempt to obtain, at a minimum, the
following information from a referent/reporter making a referral regarding
child safety, risk of child maltreatment or need for services in order to
determine an intake category and arrive at a screening decision. Receipt of all
of the following information is not required in order to screen in a report or
to categorize the information as information and/or referral:
(1) The name(s)
and address(es) of the child and his parent, guardian or custodian and all
household members.
(2) The child's
age.
(3) The child's
and any family member's race and ethnicity.
(4) The type,
extent, frequency, and duration of the abuse, neglect or dependency, as
applicable.
(5) Alleged
perpetrator's access to the child, if applicable.
(6) The child's
current condition.
(7) The child's
current location.
(8) Circumstances
regarding the abuse, neglect, or dependency or the circumstances indicating a
need for PCSA services.
(9) Information
regarding any evidence of previous injuries, abuse, or neglect.
(10) Any other
information that might be helpful in establishing the cause of the known or
suspected injury, abuse, or neglect or the known or suspected threat of injury,
abuse, or neglect or the case circumstances that support the family is in need
of PCSA services.
(B) The PCSA may
request that a referent/reporter providing information submit the allegations
in writing. The PCSA shall not delay making the screening decision while
waiting for the written information from the referent/reporter.
(C) All
information reported to a PCSA alleging known or suspected child abuse,
neglect, or dependency, or indicating a family is in need of PCSA services
shall be recorded in the statewide automated child welfare information system
(SACWIS) as an intake in accordance with the
following:
(1) Referral
information received shall be recorded in SACWIS no later than the next working
day from the date of the receipt of the referral information.
(2) The original
date and time the referral information is received by the PCSA shall be
reflected in SACWIS including the actual date and time of the screening
decision.
(D) If a PCSA
receives a referral alleging abuse or neglect of a child located in Ohio and
the child's parent, guardian or custodian resides in another state, the PCSA
shall:
(1) Contact the
children services agency (CSA) and inform the CSA of the referral pursuant to
rule 5101:2-36-13 of the Administrative Code.
(2) If the
referral is not accepted by the CSA where the child's parent, guardian or
custodian resides, the PCSA shall categorize and complete a screening decision
in accordance with this rule.
(E) If a PCSA
receives a referral alleging an incident of child abuse or neglect that
occurred in Ohio, the child is located outside of Ohio, and the child's parent,
guardian or custodian resides in another state, the PCSA shall:
(1) Contact the
CSA and inform the CSA of the referral pursuant to rule 5101:2-36-13 of the
Administrative Code.
(2) Make a
referral to the law enforcement agency with jurisdiction if the referral
alleges a criminal offense.
(F) The PCSA shall
categorize the information received into one of the following intake
categories:
(1) Child abuse
and/or neglect report.
(a) Physical
abuse, in accordance with section 2151.031 of the Revised Code, and any report
alleging either of the following:
(i) An infant
identified as affected by legal or illegal
substance abuse or withdrawal symptoms resulting from prenatal or postnatal substance exposure pursuant to rule 5101:2-1-01
of the Administrative Code drug exposure.
(ii) An infant
diagnosed with a fetal alcohol spectrum disorder.
(b) Physical
abuse, shaken baby, in accordance with section 2151.031 of the Revised Code.
(c) Sexual abuse,
in accordance with section 2151.031 of the Revised Code and Chapter 2907. of
the Revised Code.
(d) Emotional
maltreatment/mental injury, in accordance with section 2151.011 or 2151.031 of
the Revised Code.
(e) Neglect, in
accordance with section 2151.03 of the Revised Code.
(f) Medical
neglect, in accordance with section 2151.03 of the Revised Code.
(g) Medical neglect, Disabled disabled infant, also known as
"Baby Doe", in accordance with rule 5101:2-36-07 of the
Administrative Code.
(2) Dependency
report. Dependent child, as defined in section 2151.04 of the Revised Code.
(3) Family in need
of services report.
(a) Emancipated
youth, in accordance with rule 5101:2-42-19.2 of the Administrative Code.
(b) Permanent
surrender, in accordance with rule 5101:2-42-09 of the Administrative Code.
(c) Deserted
child, as defined in rule 5101:2-1-01 of the Administrative Code and in
accordance with rule 5101:2-36-06 of the Administrative Code.
(d) Stranger
danger investigation, in accordance with rule 5101:2-36-05 of the Administrative
Code for a child whom the PCSA considers to be in need of public care or
protective services.
(e) Post-finalization
adoption services, in accordance with as defined in rule 5101:2-1-01 of the Administrative
Code upon the request of the birth parent, adoptive parent or adoptee.
(f) Preventive
services, as defined in rule 5101:2-1-01 of the Administrative Code for a child
whom the PCSA considers to be in need of public care or protective services.
(g) Unruly
child/delinquent child, whom the PCSA considers to be in need of public care or
protective services in accordance with section 5153.16 of the Revised Code and
memorandum's specified in rule 5101:2-33-26 of
the Administrative Code.
(h) Child
fatality, non-child abuse/neglect, in accordance with rule 5101:2-42-89 of the
Administrative Code.
(i) Required
non-lead PCSA interviews, in accordance with rules 5101:2-36-03, 5101:2-36-04,
and 5101:2-36-09 of the Administrative Code and sections 5103.20 and 2151.56 of
the Revised Code.
(j) Courtesy
supervision in accordance with sections 5103.20 and 2151.56 of the Revised
Code.
(k) Home
evaluation/visitation assessment, in accordance with rules 5101:2-1-01 and
5101:2-42-18 of the Administrative Code or in response to a request from
another PCSA or a court exercising appropriate jurisdiction.
(l) Pre-placement
or postnatal services for the placement of an infant of an incarcerated mother,
in accordance with rule 5101:2-42-60 of the Administrative Code.
(m) Adoption
subsidy only in accordance with Chapter 5101:2-49 of the Administrative Code.
(n) Interstate
compact on the placement of children (ICPC) in accordance with rule
5101:2-52-04 of the Administrative Code.
(o) Alternative
response required non-lead PCSA contacts, in accordance with rule 5101:2-36-20
of the Administrative Code.
(4) Information
and/or referral, pursuant to rule 5101:2-1-01 of the Administrative Code, if
paragraph (F)(1), (F)(2), or (F)(3) of this rule do not apply.
(G) When a PCSA receives referral
information pursuant to paragraphs (F)(1)(a)(i)and (F)(1)(a)(ii) of this rule,
the PCSA shall attempt to gather the following regarding the plan of safe care,
which is defined in rule 5101:2-1-01 of the Administrative Code:
(1) The name(s) and address(es) of all of
the following:
(a) The child.
(b) The parent, guardian(s), or
custodian(s).
(c) All household members.
(2) Identify the caregiver(s) for the
infant.
(3) A description of the interaction
between the mother/caregiver and infant.
(4) The name of the hospital or medical
facility where the infant is receiving care.
(5) Any known medical information on the
parent(s), guardian(s), caregiver(s), infant, or household members.
(6) Information regarding any known legal
or illegal substance abuse, which includes the history of legal or illegal
substance abuse by parent(s), guardian(s), caregiver(s) and household members.
(7) Information regarding support systems
for the parent(s), guardian(s), caregiver(s), or household members.
(8) Information on the managed care plan
and insurance information.
(H) The PCSA shall not screen out any
referral categorized in paragraph (F)(1)(a) of this rule if:
(1) The plan of safe care information
listed in paragraph (G) of this rule is not obtained.
(2) The plan of safe care has not been
developed.
(3) The plan of safe care is not adequate
to address the safety of the infant.
(G)(I) The PCSA shall complete the screening
decision and determine the immediacy of need for any agency
response to ensure child safety within twenty-four hours from receipt of the
information and following the categorization of the referral information in
accordance with paragraphs (F)((1), (F)(2), and
(F)(3) of this rule based on the information received from the
referent/reporter and the child protective services records regarding the principals
of the report.
(H)(J) If the PCSA screens out a referral of abuse or
neglect and a principal of the report is a person responsible for the child's
care in an out-of-home care setting pursuant to rule 5101:2-1-01 of the
Administrative Code, the PCSA shall notify licensing and supervising
authorities, as appropriate, no later than four working days from the date of
the screening decision to share information.
(I)(K) PCSAs that have
written approval from the Ohio department of job and family services to
participate in alternative response shall assign reports screened in and
categorized pursuant to paragraph (F)(1) of this rule to one of the following
pathways:
(1) Traditional
response, pursuant to Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative
Code.
(2) Alternative
response, pursuant to rules 5101:2-36-20 and 5101:2-38-20 of the Administrative
Code.
(J)(L) The PCSA shall assign the following types of
reports of child abuse and/or neglect to the traditional response pathway:
(1) Reports
containing allegations that could result in charges of felony child
endangering.
(2) Physical abuse
resulting in serious injury or that creates a serious and immediate risk to a
child's health and safety.
(3) Reports
containing allegations that could result in charges of criminal sexual conduct.
(4) Reports
containing allegations of the sexual abuse of a child or an abused child who is
also a victim of sexual abuse.
(5) Reports
containing allegations that could result in charges of homicide.
(6) Reports requiring
a specialized assessment as identified in rule 5101:2-36-04 of the
Administrative Code.
(7) Reports
requiring a third party investigative procedure as identified in rule
5101:2-36-08 of the Administrative Code.
(8) Reports
containing allegations regarding a suspicious child fatality.
(K)(M) All referral information categorized as
information and/or referral pursuant to paragraph (F)(4) of this rule shall be
screened out. The PCSA shall identify which of the following activities was
completed by the PCSA.
(1) Directed/advised
to contact non-PCSA service provider within the county.
(2) Directed/advised
to contact non-PCSA service provider outside the county.
(3) Provided
information only/no referral made.
(4) Additional
information received on an open case that is not alleging abuse or neglect of a
child.
(L)(N) The PCSA may refer the referent/reporter to
the county prosecutor pursuant to the county child abuse and neglect memorandum
of understanding developed pursuant to section 2151.421 of the Revised Code.
(M)(O) Additional child abuse and/or neglect
allegations screened in within the first four working days of the acceptance of
a child abuse and/or neglect report and prior to the completion of an
assessment of safety with the child and the parent/caregiver, may be added to
the initial report and assessed/investigated concurrently with the allegations
received initially. The date and time the subsequent report was received along
with the reporter information shall be recorded.
(N)(P) Additional child abuse and/or neglect
allegations screened in after the first four working days of the acceptance of
the previous child abuse and/or neglect report or after completion of the
assessment of safety shall be recorded as a subsequent child abuse and/or neglect
report and are subject to the requirements contained in rules 5101:2-36-03,
5101:2-36-04, and 5101:2-36-05 of the Administrative Code.
Effective: 6/17/2018
Five Year Review (FYR) Dates: 5/24/2017 and 06/17/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 2151.421, 2151.3518, 5153.166
Rule Amplifies: 2151.421, 2151.3518, 5153.16
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88,
1/1/90, 10/1/95, 6/1/96, 6/1/97, 10/1/97 (Emer.), 12/30/97, 3/01/06, 10/01/09,
07/01/11, 3/1/14