This letter transmits amendments to the Ohio Administrative Code (OAC) rules which address the PCSA requirements for intake and the assessment/investigation of accepted reports, the completion of assessments of safety and risk, and the removal of a child from his own home. These rules have been amended to provide clarity to public children services agencies (PCSA) charged with the child protective services function. All of the rules have been amendment through the Partnership for Ohio's Families (PFOF) Rule Review initiative. The rules are a product of the collaborative partnership between ODJFS and PCSAs. The presenting rule amendments were developed through the Child Protective Services Rule Review Team and approved by the PFOF Rule Review Coordination Board. The following OAC rules have been amended: 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, 5101:2-36-20, 5101:2-37-01, 5101:2-37-02, 5101:2-37-03, 5101:2-37-04. These rules will become effective March 1, 2014.

The following is a brief explanation of the proposed changes to each rule.

Chapter 5101:2-36

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 referent. This rule includes the PCSA responsibilities in recording referral information, categorizing referral information, completing a screening decision with referral information in the statewide automated child welfare information system (SACWIS), and assigning a report to a pathway. Screening requirements that were previously addressed in other rules have been collapsed into this rule for ease of use by PCSA staff and to provide clarity for the reader. The involvement of out-of-state Children Services Agency (CSA) has been addressed. The criteria for traditional pathway assignment have been amendment to synchronize with the Ohio Amendment Code.

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. Criteria in determining when to conduct an intra-familial assessment/investigation have been amended. Amendments have been made regarding interviewing children absent parental consent and the criteria for notifying a parent have been clarified. Time frames for completion of the assessment/investigation, the assessment tools, and disposition have been extended to forty-five (45) days. Criteria establishing the lead agency have been amendment. Requirements addressing the completion of the safety assessment have been condensed and streamlined. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

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 of abuse or neglect. Qualifying criteria for a specialized assessment/investigation of abuse and neglect have been clarified and incorporated into this rule. Amendments have been made regarding interviewing children absent parental consent and the criteria for notifying a parent have been clarified. Time frames for completion of the assessment/investigation, the assessment tools, and disposition have been extended to forty-five (45) days. Criteria establishing the lead agency have been amended. The activities required completing a specialized assessment/investigation have been amended. Notification requirements to out-of-home administrators and licensing authorities have been clarified. Rule references have been corrected within this rule. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

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. Amendments have been made regarding interviewing children absent parental consent and the criteria for notifying a parent have been clarified. Time frames for completion of the assessment/investigation, the assessment tools, and disposition have been extended to forty-five (45) days. Criteria establishing the lead agency have been amendment. Requirements addressing the completion of the safety assessment have been condensed and streamlined. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

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 sequencing of several paragraphs has been altered. Time frames for completion of the assessment/investigation have been extended to forty-five (45) days. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

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. Time frames for completion of the assessment/investigation and report disposition have been extended to forty-five (45) days. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

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. 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. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

OAC rule 5101:2-36-09 entitled Requirements for dependent child assessments sets forth the PCSA requirements for conducting a dependent child assessment. Amendments have been made regarding interviewing children absent parental consent and the criteria for notifying a parent have been clarified. Time frames for completion of the assessment and the assessment tools have been extended to forty-five (45) days. Criteria establishing the lead agency have been amended. Requirements addressing the completion of the safety assessment have been condensed and streamlined. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

OAC rule 5101:2-36-10 entitled PCSA requirements for responding to family in need of services reports sets forth the PCSA requirements for responding to family in need of services reports. Ohio Administrative Code chapter references have been updated.

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 activities may be waived. The title has been amended to clarify the purpose of the rule. This rule has been amended to incorporate allowable extensions of assessment/investigative activities specific to Alternative Response and Traditional Response pathways. Criteria have been established addressing waiving a signature on a safety plan. Criteria have been established regarding waiving certain assessment/investigative activities if the report has been previously assessed or investigated. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

OAC 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. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule. The notification requirements of the superintendent of public instruction have been removed.

OAC 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. Intrastate referral requirements have been amendment to address information to be shared and recorded in SACWIS. Criteria have been established addressing intrastate referral post initiation as well as post determination that protective services are necessary for a family. The required assessment tools for an intrastate referral have been amendment to include Alternative Response Family Assessment. Requirements addressing interstate referrals from a PCSA to a CSA are clarified. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

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. The expiration and extension of a PSA have been clarified. Language and requirements have been amendment to incorporate SACWIS information. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

OAC rule 5101:2-36-20 entitled Public children services agencies assessment requirements for child abuse and neglect reports in alternative response outlines the PCSA requirements for responding to accepted reports of intra-familial child abuse and neglect in the alternative response pathway. Amendments have been made regarding interviewing children absent parental consent and the criteria for notifying a parent have been clarified. Criteria establishing the lead agency have been amended. Requirements addressing the completion of the safety assessment have been condensed and streamlined. Notification requirements at the completion of the assessment have been amended. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

Chapter 5101:2-37

OAC rule 5101:2-37-01 entitled PCSA requirements for completing the safety assessment sets forth the PCSA requirements in assessing the safety of children when responding to abuse, neglect, and dependency reports. Alternative response terminology has been incorporated throughout the rule. Requirements addressing the completion of the safety assessment have been streamlined. Amendments have been made regarding assessing the safety of children absent parental consent and the criteria for notifying the parent have been included. Time frames to record the JFS 01401 in SACWIS have been developed. Requirements addressing the completion of the JFS 01401 for multiple reports have been included for clarity. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

OAC rule 5101:2-37-02 entitled PCSA requirements for completing the safety plan sets forth the PCSA requirements in developing a safety plan for a child determined to be in immediate danger of serious harm. The requirements to implement a safety plan have been clarified. The requirements regarding obtaining signatures and monitoring a safety plan have been amended for clarity. Requirements addressing verbal authorizations, extension to obtain a signature, and waiving a signature have been included. Notification time frame requirement regarding the termination of a safety plan has been amended. Monitoring requirements have been clarified. Grammatical changes, restructuring the order of paragraphs, and consistency addressing the requirements and expectations have occurred throughout.

OAC rule 5101:2-37-03 entitled PCSA requirements for completing the family assessment sets forth the PCSA requirements in assessing safety and risk of families when responding to intra-familial abuse, neglect, and dependency reports. Alternative response terminology and tools have been incorporated throughout the rule. Requirements addressing the completion of an assessment for families receiving ongoing protective services have been added. Requirements to complete assessments involving shared parenting have been included. The time frame requirement to complete the assessment has been amendment to forty-five (45) days. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

OAC rule 5101:2-37-04 entitled PCSA requirements for completing the reunification assessment sets forth the PCSA requirements in reassessing safety and risk of children who were determined to be in immediate danger of serious harm. Requirements were amendment to clarify when a reunification assessment is required to be completed. The criteria that require the completion of a reunification assessment have been amended and listed. The time frame for completion of a reunification prior to a court hearing has been extended to sixty (60) days. Grammatical changes, restructuring the order of paragraphs, and amendments to requirements for consistent understanding have occurred throughout the rule.

INSTRUCTIONS:

The following chart indicates the materials that should be removed from the Family, Children and Adult Services Manual (FCASM) and the materials that should be added.