(A)Each private
child placing agency (PCPA) required to prepare a family
case plan for a child pursuant to rules 5101:2-38-07 and 5101:2-38-03 of
the Administrative Code shall complete the JFS 01416 "Semiannual
Administrative Review for Private Child Placing Agencies" (SAR) (rev. 7/2016) for the family case
plan.
(B)The PCPA shall
complete the SAR no later than every one hundred eighty days from whichever of
the following activities occurs first:
(1)Date the
original 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 PCPA 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 PCPA shall
complete the SAR no more than thirty days prior to the due date.
(E)The PCPA is to approve the SAR within
five working days from the date of submission.
(F)The PCPA is to provide at least seven
days notice prior to the SAR, a written or electronic invitation including the
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 (D) of rule
5101:2-38-07 of the Administrative Code.
(2)For protective supervision and
substitute care cases:
(a)All parties to the family case plan as
outlined in paragraph (D) of rule 5101:2-38-07 of the Administrative Code.
(b)The substitute caregiver, as defined in
rule 5101:2-01-01 of the Administrative Code.
(c)For substitute care cases in which the
child is age fourteen and older, two individuals as outlined in paragraph
(E)(1)(c) of rule 5101:2-38-07 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.
(G)The PCPA does not have to include any
individual listed in paragraph (F) 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.
(H)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.
(I)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 limited to:
(1)A caseworker with day-to-day
responsibility for, or familiarity with, the management of the family case
plan.
(2)A supervisior or designee.
(J)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 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 for 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.
(E)(K) A court hearing may take the place of a SAR with the individuals listed in paragraph (J) 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 (D) of rule 5101:2-38-07 of the Administrative Code.
(3)During the
hearing, the court addresses each of the issues stated in paragraph (LM) of this rule.
(4)The court
hearing documents each issue either on the JFS 01416 or by journal entry.
(F)For in-home supportive services cases, a
review panel of at least two people shall conduct the SAR. The review panel
shall include but not be limited to:
(1)A caseworker with day-to-day responsibility
for, or familiarity with, the management of the case plan.
(2)A supervisor or designee.
(G)For protective supervision and
substitute care cases, a review panel of at least three people shall conduct
the SAR. The review panel shall include but not be limited to:
(1)A caseworker with day-to-day
responsibility for, or familiarity with, the management of the case plan.
(2)A person, not responsible for the
management of the case plan or for 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.
(H)No less than seven days prior to the
SAR, the PCPA shall provide a written invitation including the date, time, and
place to all of the following:
(1)For in-home supportive services cases,
all parties to the case plan as outlined in paragraph (D) of rule 5101:2-38-07
of the Administrative Code.
(2)For protective supervision and
substitute care cases:
(a)All parties to the case plan as outlined
in paragraph (D) of rule 5101:2-38-07 of the Administrative Code.
(b)The substitute caregiver, as defined in
rule 5101:2-01-01 of the Administrative Code.
(3)For substitute care cases in which the
child is age fourteen and older, two individuals as outlined in paragraph
(E)(1)(c) of rule 5101:2-38-07 of the Administrative Code.
(I)The PCPA does not have to include any
individual listed in paragraph (H) 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.
(J)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.
(K)(L) For in-home supportive services cases, the
PCPA shall provide a copy of the SAR to all parties outlined in paragraph (HF)(1) of this rule no
later than seven days after completion of the SAR. A copy of the JFS 01416
shall be maintained in the case record.
(L)(M) For protective supervision and substitute care
cases the PCPA 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 amendedupdated family case plan as applicable.
(2)Provide a copy
of the SAR to all parties to the family case plan
in accordance with paragraph (HF)(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 (HF)(2)(a) of this rule shall have seven days after the
date the written or electronic notice is sent to
object to proposedrecommended
changes in the family case plan as a result of
the SAR and request a hearing of the proposedrecommended change.
(M)(N) The PCPA shall maintain a copy of the SAR and
any resultant amendmentsupdates
to the family case plan in the case record.
Effective: 10/15/2021
Five Year Review (FYR) Dates: 7/26/2021 and 10/15/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 10/05/2021
Promulgated Under: 119.03
Statutory Authority: 2151.416, 2151.412
Rule Amplifies: 2151.416, 2151.412
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