The purpose of this procedure letter is to provide clarification regarding the responsibilities of a public children services agency (PCSA) or private child placing agency (PCPA) when the agency is considering the ability of a non-custodial parent to care for a child.

Paragraph (A) of rule 5101:2-42-05 of the Administrative Code requires the PCSA or PCPA to explore a non-custodial parent and then other maternal and paternal relatives willing and able to take custody of the child. According to the rule, if a relative is not able or willing to take custody of the child, then the agency shall explore placement of the child with a substitute caregiver.  A parent, however, is not a “substitute caregiver”, which is defined in rule 5101:2-1-01 of the Administrative Code as “an individual providing care for a child who is in the custody of the PCSA or PCPA, including a relative other than the child’s parents…”  Therefore, if the non-custodial parent is available and appropriate, as determined by the PCSA or PCPA, the agency should work with the court to give that parent temporary or legal custody of the child.  If the child is already in the custody of the PCSA or PCPA, the agency should put the child on leave as a trial home visit with the parent until custody can be transferred to that parent.

Effective the date of this procedure letter, a child may be on leave from his or her current placement for a trial home visit with his or her parent, guardian or custodian up to ninety consecutive days.

Guidance regarding SACWIS Entry

If an agency receives custody of a child from the court although the agency found the non-custodial parent to be appropriate, the agency can record the trial home visit as follows:

• Enter the initial removal record
• Change the youth’s address to indicate the location of the child
• Document the circumstances in an activity log

If an agency has already assumed custody of a child and then determines the non-custodial parent is able to care for the child, the agency shall enter in the SACWIS placement record that the child is on leave as a trial home visit.

These changes will result in amendments to rules 5101:2-42-05 and 5101:2-42-87.

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.