(A)Each public
children services agency (PCSA) required to prepare a "Family Case
Plan" for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the
Administrative Code shall complete the JFS 01412 "Semiannual
Administrative Review (SAR)" for the "Family Case Plan."
(B)The PCSA shall
complete the SAR no later than every one hundred eighty days from whichever of
the following activities occurs first:
(1)Date the
original PCSA court complaint was filed.
(2)Date of
placement.
(3)Date of court
ordered protective supervision.
(4)Date of parent,
guardian, or custodian's signature on the "Family Case Plan" for
in-home supportive services only.
(C)The PCSA shall
continue to complete the SAR no later than every one hundred eighty days from
the date established pursuant to paragraph (B) of this rule.
(D)The PCSA shall
complete the SAR no more than thirty days prior to the due date.
(E)The PCSA shall
complete the "Case Review" in conjunction with the SAR.
(F)The PCSA is to
approve the SAR within five working days from the date of submission in SACWIS.
(G)The PCSA is to
provide at least seven days' notice prior to the SAR including date, time, and
place convenient to the family to all of the following:
(1)For in-home
supportive services cases, all parties to the "Family Case Plan" as
outlined in paragraph (C) of rule 5101:2-38-01 of the Administrative Code.
(2)For protective
supervision and substitute care cases:
(a)All parties to
the "Family Case Plan" as outlined in paragraph (C) of rule
5101:2-38-05 of the Administrative Code.
(b)The substitute
caregiver, as defined in rule 5101:2-1-01 of the Administrative Code.
(c)For substitute
care cases in which the child is age fourteen and older, two individuals as
outlined in paragraph (G)(1)(c) of rule 5101:2-38-05 of the Administrative
Code.
(d)The permanency
team members for a child placed in an approved qualified residential treatment
program (QRTP) pursuant to rule 5101:2-42-12 of the Administrative Code.
(H) The PCSA does
not have to include any individual listed in paragraph (G) of this rule if any
of the following apply:
(1)Cannot be
located after reasonable efforts to do so;
(2)Declines to
participate in the SAR after being contacted; or
(3)Fails to appear
for the scheduled review.
(I)For a child
adjudicated as a deserted child, pursuant to section 2151.3519 of the Revised
Code, an invitation and participation of the child and parent in the SAR is not
required.
(J)For in-home
supportive services cases, a review panel of at least two people is to conduct
the SAR. The review panel is to include but not be limited to:
(1)A caseworker
with day-to-day responsibility for, or familiarity with, the management of the
"Family Case Plan,"
(2)A supervisor or
designee.
(K)For protective
supervision and substitute care cases, a review panel of at least three people
is to conduct the SAR. The review panel is to include but not be limited to:
(1)A caseworker
with day-to-day responsibility for, or familiarity with, the management of the
"Family Case Plan."
(2)A person, not
responsible for the management of the "Family Case Plan," or the
delivery of services to the child, the child's parent, guardian, custodian,
pre-finalized adoptive parent, or substitute caregiver.
(3)A supervisor or
designee.
(L)A court hearing
may take the place of a SAR with the individuals listed in paragraph (K) of
this rule if all of the following requirements are met:
(1)The hearing is
held in time to comply with paragraph (B) of this rule.
(2)Notification is
made to the parties to the "Family Case Plan" as outlined in
paragraph (C) of rule 5101:2-38-05 of the Administrative Code.
(3)During the
hearing, the court addresses each of the issues stated in paragraph (N) of this
rule.
(4)The court
hearing documents each issue either on the SAR or by journal entry.
(M)For in-home
supportive services cases, the PCSA shall provide a copy of the SAR to all
parties outlined in paragraph (G)(1) of this rule no later than seven days
after completion of the SAR.
(N)For protective
supervision and substitute care cases the PCSA shall:
(1)File with the
court a copy of the SAR no later than seven days after completion of the SAR
and shall include a copy of the updated "Family Case Plan" as
applicable.
(2)Provide a copy
of the SAR to all parties to the "Family Case Plan" in accordance
with paragraph (G)(2)(a) of this rule, before the end of the next business day,
after filing the SAR with the court.
(3)Indicate, in
writing, the parties identified in paragraph (G)(2)(a) of this rule shall have
seven days after the date the notice is sent to object to proposed changes made
in the "Family Case Plan" as a result of the SAR and request a
hearing on the proposed change.
(O)For cases with an active concurrent plan
the PCSA will review and complete applicable updates within each SAR.
(O)(P)The PCSA shall maintain a copy of the SAR and
any resultant updates to the "Family Case Plan" in SACWIS.
Effective: 1/1/2023
Five Year Review (FYR) Dates: 9/10/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 11/29/2022
Promulgated Under: 119.03
Statutory Authority: 2151.416, 2151.412
Rule Amplifies: 2151.412, 2151.416
Prior Effective Dates: 01/14/1983, 11/01/1985 (Emer.),
01/31/1986, 01/01/1989, 01/01/1990, 01/01/1991, 07/01/1992, 06/01/1997,
03/18/1999 (Emer.), 06/17/1999, 04/01/2001, 12/01/2001, 03/01/2006, 10/01/2009,
12/31/2010, 12/01/2012, 05/30/2014, 08/01/2016, 09/10/2021