The purpose of this procedure letter is to provide updated 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 in the custody of the PCSA or PCPA, has not yet been
placed, and will go directly to the non-custodial parent’s home, the agency shall
record a non-custodial parent record. If the child is in the custody of the PCSA
or PCPA and has already been placed in a placement setting (e.g. a foster home),
then the agency shall put the child on leave as a trial home visit with the non-custodial
parent until custody can be transferred to that parent. 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 non-custodial parent record as follows:
- Enter agency custody
- Enter the initial removal record
- Enter the (new) Non-Custodial Parent record (from
within the Placement tab) by clicking the Add Non-Custodial Parent record button.
There will be a Knowledge Base Article for this functionality as well.
- Change the youth’s address to indicate the location
of the child
- Document the circumstances in an activity log
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.
LOCATION
|
REMOVE AND FILE AS OBSOLETE
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INSERT/ REPLACEMENT
|
PROCEDURE LETTERS
|
FCASPL 343
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FCASPL No. 350
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