The Ohio Department of Job and Family Services has revised several Ohio Administrative Code (OAC) rules due to changes in the risk assessment model, the recent change in the department's name and the five year rule review. These rules were also revised to incorporate the requirements of HB 448 which was signed into law by Governor Bob Taft and became effective on October 5, 2000. This law mandates the establishment of Child Fatality Review Boards and outlines the information to be provided to these boards by PCSAs. These rules will become effective April 1, 2001.
Please note that rule 5101:2-34-36 has been withdrawn and will be refiled at a later date.
A brief explanation of each of the rule revisions appears in the following table.
| OAC Rule Number | Brief Explanation of Proposed Changes |
|---|
5101:2-34-32
(Revised)
|
(A) Changes the determination being made by the PCSA from degree of risk to the immediacy of need for response based on the information provided at the time the referral is made.
(F) Specifies that both a case resolution and disposition are to be made pursuant to the provisions of this rule.
(G)(2) Specifies that each child resident of the home must be interviewed and outlines the purpose for this. Also specifies the circumstances under which the PCSA may not be required to interview a child residing in the home and how that is to be documented.
(I)(1) Changes the name of the risk assessment model.
(L)(2) Specifies that the alleged perpetrator be notified in writing of the case disposition.
(M) Specifies assessment procedure in situations of joint custody or shared parenting.
(S) Specifies that both a case resolution and disposition are to be made by completing the structured decision making steps of the risk assessment matrix.
(T) Specifies the situations where only a case disposition is required.
(U) Specifies that both the case disposition and case resolution are to be entered into the Central Registry upon the completion of an investigation or assessment.
|
5101:2-34-33
(Revised)
|
(A) Outlines the purpose of completing the risk assessment.
(C) Changes the name of the risk assessment model.
(E) Outlines the names of the factors and elements of the risk assessment matrix.
(F) Specifies that both a case disposition and resolution are to be made after completing the risk assessment matrix.
|
5101:2-34-34
(Revised)
|
(A) Outlines procedures for conducting an investigation of a report of out-of-home child abuse or neglect.
(B) Adds word "case."
(B)(9) becomes (C) - Changes the name of the risk assessment model (all other letters move forward one).
(D) Adds pre-finalized adoptive home to the parties where a PCSA shall conduct a third party investigation.
|
5101:2-34-35
(Revised)
| Deletes (A)(1)-(3). |
5101:2-34-37
(Revised)
|
Changes the name of the risk assessment model.
(A) Specifies that a safety plan will be completed when it has been determined that there is imminent risk of harm to a child or to prevent future risk of harm to a child.
|
5101:2-34-38
(Revised)
|
(E)(1)(h) Specifies when information from the case record must be provided to a school administrator or designee.
(E)(1)(l) Specifies when information from the case record must be provided to a Child Fatality Review Board.
(E)(2)(h) Adds foster parents to the list of individuals or non-public agencies to whom the PCSA can release information
(E)(3)(b) Adds language that information may be released when it is determined to be in the best interests of a child and necessary for the protection of a child in an out-of-home care setting.
|
5101:2-34-381
(New)
|
Outlines the procedures for disseminating confidential information contained in the central registry.
Replaces former rule 5101:2-35-20.
|
5101:2-35-16
(Revised)
|
(A)(4) Change to assignment of emergency/nonemergency.
(B) Specifies the information to be entered into FACSIS any time after the PCSA begins an assessment/investigation, but no later than 24 hours after they make a case resolution/disposition.
(C) Specifies that information to be entered into FACSIS within 24 hours of the time the PCSA makes a resolution/disposition.
|
5101:2-35-20
(Rescinded)
| Replaced by rule 5101:2-34-381. |
5101:2-35-62
(Revised)
|
Replaces part of former rule 5101:2-35-63.
(A) Adds county to statements
(B)(2) Outlines procedures for the PCSA making a referral if no emergency exists.
(B)(4)(c) Includes procedures when the address is unknown to PCSA.
(B)(5) Specifies releasing confidential information to an out of state CSA.
(C) Outlines ODJFS procedures to be followed when receiving an interstate referral from a CSA.
(D) is deleted.
|
5101:2-35-63
(Rescinded)
| Incorporated into rule 5101:2-35-62. |
5101:2-35-67
(Revised)
| (C) Specifies that ODJFS procedures for protective services alerts shall begin within three working days of receipt. |
5101:2-35-77
(Revised)
|
All references to assessment changed to assessment/investigation.
(D) and (E) References to report have been changed to information
(E)(1) PCSA shall notify the parent, guardian, custodian of the referral that was received.
(H) Outlines PCSA procedures once it has been determined that the disabled infant is a neglected child due to the withholding of appropriate nutrition, hydration, or medication.
(I)(8) Requires a case disposition be made in addition to a case resolution.
|
5101:2-39-02
(Revised)
|
(B) Specifies that both a case disposition and resolution are to be made for assessments and a disposition is to be made for investigations.
(C) Changes the name of the risk assessment model.
(D) Information to be documented in the case record including (6) both the case disposition and resolution, and (11) information released to a Child Fatality Review Board.
|
5101:2-39-07
(Revised)
|
(C)(1) Specifies that supportive services will be available during the safety planning process.
(E) Changes the name of the risk assessment model.
(N)(4) and (5) Combined to make one statement regarding reviewing and resolving complaints for service provision as well as appeals of case dispositions.
|
5101:2-39-08
(Revised)
|
(L) Changes the name of the risk assessment model.
(M) Adds provision for closing a case by court order.
|
5101:2-39-081
(Revised)
|
(A) Changes the name of the risk assessment model.
(I) Wording changes.
(P) Deleted (all letters move forward one)
|
5101:2-39-082
(Revised)
| (H) Changes the name of the risk assessment model. |
5101:2-39-12
(Revised)
| (A) Changes the name of the risk assessment model. |
5101:2-42-43
(Revised)
|
New (B) Outlines the purpose for conducting the semiannual administrative review (previously outlined in 5101:2-39-081)(all other letters move forward one).
(D) becomes (E) - Changes the name of the risk assessment model.
(E)(6)(g) Reference to long term foster care is removed.
(E)(7) Specifies that a summarization of the PCSA's recommendation regarding termination of parental rights for the child who has been in the temporary custody of a PCSA for twelve of the past twenty-two months must be completed.
|
All Rules
(Revised)
|
All references to ODHS have been changed to ODJFS.
All references to CDHS have been changed to CDJFS.
All references to form numbers have been changed to the new ODJFS format, adding a '0' in front of all numbers (e.g., the form ODHS 1444 is now ODJFS 01444).
|
INSTRUCTIONS:
The following chart depicts what materials are to be removed from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.
| LOCATION | REMOVE AND FILE AS OBSOLETE | INSERT/REPLACEMENT |
|---|
| SOCIAL SERVICES | | |
|---|
5101:2-1-01
This rule is listed in error and is not being filed at this time. |
5101:2-1-01
This rule is listed in error and is not being filed at this time. |
| 5101:2-34-32 | 5101:2-34-32 |
| 5101:2-34-33 | 5101:2-34-33 |
| 5101:2-34-34 | 5101:2-34-34 |
| 5101:2-34-35 | 5101:2-34-35 |
| 5101:2-34-37 | 5101:2-34-37 |
| 5101:2-34-38 | 5101:2-34-38 |
| 5101:2-35-20 | 5101:2-34-381 |
| 5101:2-35-16 | 5101:2-35-16 |
| 5101:2-35-62 | 5101:2-35-62 |
| 5101:2-35-63 | |
| 5101:2-35-67 | 5101:2-35-67 |
| 5101:2-35-77 | 5101:2-35-77 |
| 5101:2-39-02 | 5101:2-39-02 |
| 5101:2-39-07 | 5101:2-39-07 |
| 5101:2-39-08 | 5101:2-39-08 |
| 5101:2-39-081 | 5101:2-39-081 |
| 5101:2-39-082 | 5101:2-39-082 |
| 5101:2-39-12 | 5101:2-39-12 |
| 5101:2-42-43 | 5101:2-42-43 |