Social Services
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5101:2-42-88 Requirements when a Child in Substitute Care Disrupts from Placement or is Absent Without Leave (AWOL)
FCASMTL 424
Effective Date: November 1, 2019

(A)When there is a disruption of a child's substitute care placement, the public children services agency (PCSA) or private child placing agency (PCPA) shall address and document in the child and caregiver's case record the following information:

(1)Length of time the child was in the particular substitute care setting.

(2)Circumstances which led to the child's removal.

(3)Any efforts to maintain the placement, including supportive services offered to the child and caregiver.

(B)A disruption of a child's substitute care placement shall require an amendment to the case plan pursuant to rule 5101:2-38-05 of the Administrative Code or rule 5101:2-38-07 of the Administrative Code.

(C)If a disruption of a child's substitute care placement occurs prior to the child's dispositional hearing, the PCSA or PCPA shall follow procedural requirements pursuant to rule 5101:2-42-93 of the Administrative Code.

(D)Upon receiving notification that a child is absent without leave (AWOL) from a substitute care placement, the PCSA or PCPA shall immediately, and in no case later than twenty-four hours contact both:

(1)Law enforcement for entry into the national crime information center (NCIC) database.

(2)The national center for missing and exploited children (NCMEC).

(E)The PCSA or PCPA shall document in the child's case record the following information:

(1)The date, time and name of the law enforcement agency contacted.

(2)The date and time NCMEC was contacted.

(3)The last known location of the child.

(4)The length of time the child has been AWOL.

(5)Anyone the child may have been with prior to or during AWOL.

(6)Efforts and resources used to locate the child.

(F)Upon the child's return from AWOL, the PCSA or PCPA shall address and document in the child's case record the following information:

(1)The circumstances that contributed to the child running away or being absent from care. When possible, these factors shall be considered when determining subsequent placements.

(2)The events or experiences that took place while the child was AWOL, including if the child is found to be a sex trafficking victim. The PCSA shall follow procedural requirements pursuant to rule 5101:2-36-12 of the Administrative Code. The PCPA shall report any allegations of abuse or neglect to the PCSA.

(G)The PCSA or PCPA shall send a copy, within fourteen days, of the documentation identified in this rule to the recommending agency of the caregiver, if the caregiver is not certified by the PCSA or PCPA. The recommending agency shall maintain the information in the caregiver's record.

Effective: 11/1/2019

Five Year Review (FYR) Dates: 7/2/2019 and 11/01/2024

Certification: CERTIFIED ELECTRONICALLY

Date: 09/12/2019

Promulgated Under: 119.03

Statutory Authority: 5103.03, 5153.166

Rule Amplifies: 5103.03, 5153.16

Prior Effective Dates: 09/28/1987 (Emer.), 12/27/1987, 01/01/1989, 01/01/1990, 02/01/2003, 04/20/2008, 05/30/2014, 10/01/2015