(A)Upon receipt of information involving a
child fatality or near fatality, the public children services agency (PCSA) shall
record the information into the statewide automated child welfare information system
(SACWIS) pursuant to rule 5101:2-36-01.
(B)The PCSA shall categorize a child fatality
or near fatality alleged to have occurred through known or suspected child abuse
or neglect as a child abuse or neglect report.
(C)A near fatality includes allegations of
known or suspected child abuse or neglect certified by a physician to place a child
in serious or critical condition in accordance with the Child Abuse Prevention and
Treatment Act Reauthorization Act of 2010 (P.L. 111-320, 12/20/10).
(D)The PCSA shall complete the child fatality/near
fatality record in SACWIS, in accordance with 42 U.S.C. 5106A (1/2019), within five
days of receipt of a referral pursuant to paragraph (B) of this rule when any of
the following apply:
(1)The death of a child occurred while in the
custody of the PCSA.
(2)The near fatality of a child occurred while
in the custody of the PCSA.
(3)The death of a child resulting from suspected
child abuse or neglect.
(4)The near fatality of a child resulting from
suspected child abuse or neglect.
(E)The PCSA shall complete the following for
a child fatality that meets the criteria identified in paragraph (D) of this rule:
(1)Notify the law enforcement agency with jurisdiction
within one hour of its knowledge of the child's death pursuant to rule 5101:2-33-26
of the Administrative Code.
(2)Notify the local health department and/or
the child fatality review board, pursuant to sections 3701.045 and 307.623 of the
Revised Code.
(3)Amend the case plan pursuant to rule 5101:2-38-01
or 5101:2-38-05 of the Administrative Code, as applicable.
(4)If the child is in the temporary custody
or a permanent planned living arrangement of the PCSA, the PCSA shall complete all
of the following:
(a)Inform the parent, guardian, custodian of
the child's death within one hour of receipt of the information.
(b)Assist the family in planning funeral arrangements,
if requested.
(5)If the child is in the permanent custody
of the PCSA, the PCSA shall complete all of the following:
(a)Determine whether notification to the parent,
guardian, custodian or other relatives is appropriate.
(b)Assume responsibility for funeral arrangements.
(F)The PCSA shall update the child fatality/near
fatality record in SACWIS within five days of receipt of any additional information
required to be documented in the child fatality/near fatality record.
Effective: 11/1/2019
Five Year Review (FYR) Dates: 11/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 09/12/2019
Promulgated Under: 119.03
Statutory Authority: 5153.166, 5103.03
Rule Amplifies: 5103.03, 5153.166