(A) A public
children services agency (PCSA), private child placing agency (PCPA) or private
noncustodial agency (PNA) engaging in any of the functions listed in rule
5101:2-5-03 of the Administrative Code shall have, at a minimum, all of the
following policies as applicable to the function or functions being performed.
(1) An agency shall
have a written discipline policy which:
(a) Prohibits the
use of prone restraints. Prone restraint is defined as all items or measures
used to limit or control the movement or normal functioning of any portion, or
all, of an individual's body while the individual is in a face-down position
for an extended period of time. Prone restraint includes physical or mechanical
restraint.
(b) If an agency
has a discipline policy that does not allow any type of restraint, the agency
can document this in its policy and the agency does not have to address the
issues in paragraph (A)(1)(a) of this rule.
(2) An agency shall
have a written plan describing strategies for foster caregiver recruitment that
complies with the Multiethnic Placement Act, 42 U.S.C.A.
1996 (B), as amended by Section 1808 of the Small Business Job Protection Act
of 1996 (MEPA), and the Civil Rights Act of 1964 (Title VI)Oct. 20, 1994, P.L. 103-382, as amended by Section 1808 of the
Small Business Job Protection Act of 1996, P.L. 104-188 (MEPA), and the Civil
Rights Act of 1964 (Title VI), as it applies to the foster care process.
If the PCSA, PCPA or PNA amends its recruitment plan, the agency shall be
responsible for submitting the amended recruitment plan to ODJFS within tenninety days following
a plan change. This policy shall include:
(a) A description
of the characteristics of foster children served by the agency that shall
include the following:
(i) Ages.
(ii) Developmental
needs.
(iii) Emotional needs.
(iv) Physical needs.
(v) Race, color and
national origin backgrounds.
(vi) Levels of care
needed.
(b) Diverse methods
of disseminating general information regarding the children served by the
agency.
(c) Specific
strategies to reach all parts of the community as defined by the agency.
(d) Strategies for
assuring that prospective foster caregivers have access to the application
process, including the flexibility of service to the community served by the
agency.
(e) Strategies for
training staff to work with diverse cultural, racial, ethnic and economic
communities.
(f) Strategies for
dealing with linguistic barriers.
(g) Procedures for
a timely search for foster caregivers, including the use of interagency
efforts, provided that such procedures ensure that placement of a child in an
appropriate household is not delayed by the search for a same race or ethnic
placement.
(h) A statement of
assurance that all foster caregiver recruitment activities and materials shall
be in compliance with MEPA and Title VI, the Indian Child Welfare Act of 1978,
25 U.S.C.A.U.S.C.
1901 and the Adoption and Safe Families Act of 1997.
(3) An agency shall
have a written policy describing the process for simultaneously approving
applicants for foster care placement and adoptive placement.
(4) An agency shall
have a written policy detailing any assessment activities in which an agency
would require a foster caregiver applicant to participate and any materials or
documentation, not specifically required by Chapter 5101:2-5 or 5101:2-7 of the
Administrative Code, which a foster caregiver applicant would be required to
submit as part of the assessment or homestudy process.
(5) An agency shall
have a written policy detailing all payments to foster caregivers.
(6) An agency shall
have a written grievance policy detailing the methods for hearing grievances
and for resolving differences with a foster caregiver or applicant relative to
the requirements imposed by Chapter 5101:2-7 of the Administrative Code and
other agency policies. This policy shall include a method of review by the
highest administrative employee of the agency or designee for any unresolved
grievance within thirty calendar days of the filing of the grievance.
(7) A PCSA or PCPA shall have a written
policy regarding the required notification to the foster or kinship caregiver
if the PCSA or PCPA seeks permanent custody of a child placed with the
caregiver and if a child placed with the caregiver becomes available for
adoption. The notification shall also be given to the recommending agency when
the custodial agency is different than the recommending agency. The
notification shall be consistent with the requirements contained in section
5103.161 of the Revised Code.
(7) A PCSA or PCPA shall have a written
policy on the notification of the adoption process to the recommending agency
and to the foster caregiver for situations when the custodial agency is
different than the recommending agency of a foster home and a foster child
placed with the foster caregiver becomes available for adoption. The
notification shall be consistent with the requirements contained in rules
5101:2-48-11 and 5101:2-48-16 of the Administrative Code.
(8) An agency shall
have written policies that shall be explained to potential foster caregivers
during initial orientation for all of the following:
(a) Liability
insurance and compensation for damages done by children placed in foster care.
(b) Legal
representation, legal fees, counseling or legal advocacy for foster caregivers
for matters directly related to the proper performance of their roles.
(c) Investigations
of abuse and/or neglect involving a child living in a foster home.
(9) Each
recommending agency shall establish and implement a policy regarding good cause
for a foster caregiver's failure to complete the continuing training in
accordance with rule 5101:2-5-33 of the Administrative Code. If the foster
caregiver complies with the policy, as determined by the agency, ODJFS may
renew the foster caregiver's foster home certificate. The agency shall submit
the policy to the department and provide a copy to each foster home the agency
recommends for certification or renewal.
The policy shall include all of the following:
(a) What
constitutes good cause, including documented illness, critical emergencies, and
lack of accessible training programs.
(b) Procedures for
developing a scheduled corrective action plan that provides for prompt
completion of the continuing training.
(c) Procedures for
recommending revocation of the foster home certificate if the foster caregiver
fails to comply with the corrective action plan.
(10) An agency
operating a specialized foster home program shall have a written policy on the
operation of the specialized foster home program which shall comply with the
requirements of rules 5101:2-5-36, 5101:2-5-37, 5101:2-7-16, and 5101:2-7-17 of
the Administrative Code, as applicable. The policy shall specify:
(a) The hierarchy
of the program including:
(i) The number of
treatment team leaders each supervisor is responsible for providing supervision.
(ii) The specific
number of treatment and medically fragile foster children for which each
treatment team leader shall be responsible for providing case management
services.
(b) How the agency
will determine the equivalent experience required by paragraph (A) of rule
5101:2-7-16 of the Administrative Code and rule 5101:2-7-17 of the
Administrative Code, as applicable.
(11) An agency
operating a specialized foster home program shall have a written policy that
provides for access to both planned and crisis respite care, the amount to be
determined on a case-by-case basis, for children in the program's care. The
respite care policy shall include, but is not limited to, the following
provisions:
(a) Utilization of
respite care shall be only with the approval of the administrative director of
the specialized foster care program or his or her designee.
(b) A process for
the specialized foster care program to select and approve respite care
providers.
(c) Only approved
respite care providers shall be utilized.
(d) An approved
respite care provider, who is not certified as a foster caregiver or
specialized foster caregiver, shall receive at least twelve hours of
orientation and training relevant to the children served by the specialized
foster care program and have a criminal record check conducted as for a foster
caregiver pursuant to rule 5101:2-5-09.1 of the Administrative Code prior to
providing respite care.
(e) A respite care
provider shall not provide respite care for children for more than two consecutive
weeks unless the provider is certified as a specialized foster caregiver.
(f) Prior to each
occasion of respite care, the recommending agency shall provide the respite
care provider with a copy of the JFS 01443 "Child's Education and Health
Information" (rev. 8/2010) or the form the agency uses in lieu of the JFS
01443 completed for the child pursuant to rule 5101:2-38-08 of the
Administrative Code as part of his case plan and at least a written summary of
the child's service plan and any information required to be shared with a
foster caregiver by rule 5101:2-42-90 of the Administrative Code. In addition,
for a medically fragile child, any nursing treatment plan containing physician
orders shall be provided. The information required by this paragraph shall be
provided to the respite care provider by the agency that has approved the
respite care provider. Documentation that this has been done shall be
maintained in the child's case record by the agency that approved the respite
care provider.
(g) For each
occasion of respite care, a respite care provider shall provide a written
report of the child's stay in respite care to the specialized foster caregiver.
(h) A respite care
provider for a medically fragile child shall be certified as a foster caregiver
for medically fragile children or be a licensed medical professional.
(12) An agency
operating a specialized foster home program shall have a written policy,
outlining procedures for matching children with specialized foster caregivers,
that ensures consideration of the child's needs, the capabilities of the
specialized foster caregiver, and family-centered, neighborhood-based
practices.
(13) An agency
operating a specialized foster care program shall have a written policy to
assure that all children in specialized foster care and all specialized foster
caregivers and their families affiliated with the program shall have access to
crisis counseling, arranged by the program, for issues or problems caused by a
specific incident related to a child receiving treatment within the caregiver's
home, including the death or hospitalization of a child.
(14) An agency which
is certified to operate a residential facility, a treatment foster care
program, or a medically fragile foster care program shall be responsible for
developing and implementing a behavior intervention policy which includes a
description of the facility's behavior management program. The behavior
intervention policy shall, at a minimum, contain the following components:
(a) A detailed
description of the full range of behavior intervention procedures (intervention
that is the least intrusive and least disruptive to the child, positive behavioral
interventions, prompted relaxation, time out, physical restraints, supervised
restraint, and isolation) or combination of procedures employed, including
operational details of the interventions themselves and a definition of each
behavior intervention.
(b) The use of
restrictive behavior interventions, behavior management techniques or aversive
procedures and identification of instances in which such procedures may be
contraindicated.
(c) Procedures for
carrying out these provisions consistent with the needs of children with
disabilities.
(d) A description
of the credentials of the personnel involved in designing, approving,
implementing, monitoring and supervising the implementation of the behavior
interventions.
(15) An agency which
is certified to operate a residential facility shall have a written policy on
the use of alcohol, tobacco and tobacco products by staff and children within
such facilities which shall conform to, but is not limited to, the requirements
of rule 5101:2-9-06 of the Administrative Code. No residential facility shall
use alcohol, tobacco or tobacco products to influence or control the behavior
of a child.
(16) An agency which
is certified to operate a residential facility shall have a written admissions
policy specifying the type of child who will be accepted into the facility and
the conditions under which a child would not be accepted.
(17) An agency shall
have a written policy which describes the conditions under which, and the
procedures by which, a child will be discharged from an out-of-home care
setting including any criteria for emergency discharges and discharges not in
accordance with a child's service plan.
(18) An agency shall
have a written policy which specifies the procedures for ensuring the
accessibility of the administrator or designee with executive authority to
agency staff and ODJFS representatives at all times.
(19) An agency shall
have a written policy regarding access, confidentiality, maintenance, security
and disposal of all records maintained by the agency.
(20) An agency shall
have a written policy which protects the confidentiality of information
concerning a child and the child's family. This policy shall include the
agency's procedure for disseminating information to a child fatality review
board.
(21) An agency shall
have a written policy governing the agency's participation in human research
projects, fund raising and publicity activities, and shall not involve a child
in any such activity without the prior informed, written consent of the parent,
guardian or legal custodian and the child, according to the child's age and
functioning level. Such written consent shall be contained in the child's case
record.
(22) An agency shall
have written personnel policies and procedures which are provided to all personnel.
These personnel polices and procedures shall include, but are not limited to:
(a) Procedures for
recruitment, screening, orientation, assignment, supervision, promotion,
training, and written annual evaluation of all employees.
(b) Procedures for discipline
of employees including suspension and dismissal.
(c) Procedures for
handling staff grievances.
(d) Salary and
fringe benefit plan.
(e) A requirement
for an employee that he shall notify the agency within twenty-four hours of any
charge of any criminal offense that is brought against him. This policy shall
also contain a provision that:
(i) Failure to
notify the agency within twenty-four hours of any charge of any of the crimes
listed in rule 5101:2-5-09 of the Administrative Code shall result in immediate
dismissal from employment.
(ii) If the charges
result in a conviction, the employee shall notify the agency within twenty-four
hours of the conviction. Failure to notify the employer of any conviction of
any criminal offense shall result in the employee's immediate dismissal from
employment.
(iii) Conviction of
any of the crimes listed in rule 5101:2-5-09 of the Administrative Code while
in the employ of the agency shall result in immediate dismissal from employment
with the agency.
(23) An agency which
uses volunteers or college interns shall have a written policy for screening
which includes conducting criminal background checks, orienting, training,
supervising and assigning volunteers and college interns, as appropriate to the
function to be performed. The policy shall include a requirement for any
volunteer or college intern to notify the agency within twenty-four hours of
any charge of any criminal offense that is brought against him. The policy
shall also contain the following provisions:
(a) Failure to
notify the agency within twenty-four hours of any charge shall result in
immediate dismissal from the agency.
(b) If the charges
result in a conviction, the volunteer or college intern shall notify the agency
within twenty-four hours of the conviction. Failure to notify the agency of any
conviction of any criminal offense shall result in the immediate dismissal of
the volunteer or college intern from the agency.
(c) Conviction of
any of the crimes listed in rule 5101:2-5-09 of the Administrative Code while
serving as a volunteer or college intern for the agency shall result in the
immediate dismissal of the volunteer or college intern from the agency.
(24) An agency shall
have a written policy and procedure which assures protection of a child's civil
rights.
(25) An agency
operating a foster care program shall include in its foster care policy a copy
of the JFS 01611 "Non-discrimination Requirements for Foster Care and
Adoptive Placements" (rev. 1/2009). No additional language regarding
non-discrimination in the foster care process based upon race, color, or
national origin shall be permitted in the PCSA, PCPA or PNA foster care policy
unless additional language is required pursuant to a federal court order and is
approved by the ODJFS.
(26) An agency
operating a foster care program shall comply with the standards of conduct
regarding MEPA and Title VI in accordance with rule 5101:2-33-11 of the
Administrative Code.
(27) An agency
operating a foster care program shall include in its foster care policy the
complaint process pursuant to rule 5101:2-33-03 of the Administrative Code.
(28) If a
recommending agency has a foster home that is providing care for a child in the
custody of another agency, the recommending agency shall have a written policy
and procedure to notify the custodial agency if any of the following incidents
occur:
(a) A serious
injury or illness involving medical treatment of the foster child.
(b) The death of
the foster child.
(c) Unauthorized
absence of the foster child from the home. The recommending agency shall
provide the notification to the custodial agency immediately, but no later than
twenty-four hours from the time the recommending agency became aware of the
unauthorized absence.
(d) Removal or
attempted removal of the foster child from the home by any person or agency
other than the placing agency.
(e) Any involvement
of the foster child with law enforcement authorities.
(29) A PCSA shall
have a written policy for monitoring the appropriate use of psychotropic
medications for children in foster care. In preparation for developing the
policy, the PCSA may review the JFS 01682 "Psychotropic medication toolkit
for Public Children Services Agencies" (4/2014). This policy shall
include:
(a) Comprehensive
and coordinated screening, assessment, and treatment planning mechanisms to
identify the child's mental health and trauma-treatment needs including a
psychiatric or medical evaluation, as necessary, to identify needs for
psychotropic medication.
(b) Informed and
shared decision-making and methods for ongoing communication between the
prescriber, the child, the child's parents or caregivers, other healthcare
providers, and the agency case worker.
(c) Effective
medication monitoring for the children placed in care.
(30) A residential
facility operating as a private, nonprofit therapeutic wilderness camp shall
have written policies in accordance with division (D) of section 5103.50 of the
Revised Code.
(B) Unless
otherwise indicated, policies, plans and procedures related to ODJFS certified
or approved functions shall be submitted to ODJFS in accordance with the
following:
(1) At the time of
application for an initial certificate, all policies, plans, and procedures
shall be submitted.
(2) At the time of
application for an amended certificate to add an additional function, the
agency shall submit any policy, plan, or procedure related to the new function.
(3) At the time of
request for approval of any new foster home function of a PCSA, all policies,
plans, and procedures related to that function shall be submitted.
(4) When an agency
revises a policy, plan or procedure, the revision shall be submitted within thirtyninety calendar
days of the change.
(5) If a change of
the Administrative Code or the Revised Code requires the agency policy to
change, the agency shall submit the affected agency policy to ODJFS within thirtyninety days of the
effective date of the Administrative Code or the Revised Code change.
(C) An agency shall
ensure that agency staff and contractors performing work related to the
functions listed in rule 5101:2-5-03 of the Administrative Code shall implement
all current written policies of the agency related to those functions and that
all activities and programs related to those functions occur in accordance with
such policies.
(D) All policies
required by this chapter shall be provided to any person affected by the
policy. Any policy required by this chapter shall be provided to any person
upon request.
(E) If ODJFS determines an agency's foster
care policy, policy revisions or plans are noncompliant, the agency shall
accept technical assistance from ODJFS until such time that the policy or
recruitment plan is in compliance.
Effective: 08/01/2017
Five Year Review (FYR) Dates: 03/29/2017 and 08/01/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 06/06/2017
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5103.54, 5103.0316
Rule Amplifies: 5103.02, 5103.03, 5103.0316, 5103.0319, 5103.032
Prior Effective Dates: 12/30/66, 10/1/86, 7/2/90 (Emer),
10/1/90, 1/1/91, 9/18/96 (Emer), 10/21/96, 5/2/98, 7/1/00, 1/1/03, 2/1/05,
12/11/06, 4/1/10, 7/7/14, 7/1/16