Ohio Adm.Code 5180:3 | Ohio Administrative Code 5180:3 — Department of Children and Youth | Children Services and Supports

Chapter 5180:3-1 Administrative Standards and Requirements

Ohio Adm.Code 5180:3-1-03 Procedure for complaints of alleged discriminatory acts, policies or practices in the foster care or adoption process that involve race, color or national origin.

(A) Which agencies are to provide notice about discrimination complaint procedures to prospective foster or adoptive parent?

Each public children services agency (PCSA), private child placing agency (PCPA), and private noncustodial agency (PNA)is to provide a written notice of the procedure for filing complaints of discrimination involving race, color, or national origin (RCNO).

(B) When must the notice be provided to the prospective foster or adoptive parent?

The notice is to be provided within seven business days of the individual's first contact with the agency.

Any individual involved in the foster care or adoption process can file a complaint concerning allegations of discrimination involving RCNO in the foster care or adoption process including, but not limited to:

(1) Employees or former employees of a PCSA, PCPA, or PNA.

(2) A member of a family seeking to become a foster caregiver or adoptive parent.

(3) A member of a family certified as foster caregivers or approved as adoptive parents.

(D) What can complaints include?

Complaints can include allegations of either of the following:

(1) Discriminatory acts, policies, or practices involving RCNO by agency staff, administration or contractors.

(2) Intimidation, threats, coercion, discrimination, or retaliation against an individual for making or supporting a complaint of alleged discrimination involving RCNO against an agency, agency staff or administration or an agency contractor.

(E) Through what agencies can an individual file a discrimination complaint?

The individual can file a complaint under this rule with any of the following agencies:

(1) A PCSA;

(2) A PCPA;

(3) A PNA;

(4) The Ohio department of children and youth (DCY); or

(5) The Ohio department of job and family services-bureau of civil rights (ODJFS-BCR).

(F) What is required upon receipt of a discrimination complaint by an agency identified in paragraph (E) of this rule?

(1) If a PCSA, PCPA, PNA, or DCY receives the complaint, the complaint is to be forwarded to the ODJFS-BCR within three business days of the date of receipt.

(2) If ODJFS-BCR receives the complaint first, it must notify the agency involved and DCY within three business days. ODJFS-BCR will investigate the complaint. The agency that is the subject of the complaint is not to conduct its own investigation unless authorized by ODJFS-BCR.

(G) What form must be used to file a complaint?

Complaints must be filed using the JFS 02333 "Discrimination Complaint."

(H) What is the time limit for an individual to file a complaint?

A complaint is to be filed within two years from:

(1) The date on which the alleged discriminatory act occurred; or

(2) When the individual became aware of the alleged discriminatory act.

(I) Which agency conducts the investigation?

The ODJFS-BCR conducts the investigation. The agency named in the complaint may not conduct its own investigation or take any further action, unless approved by ODJFS-BCR.

(J) What is required from agencies during an investigation?

The PCSA, PCPA, PNA is to fully cooperate and provide any requested information within fourteen business days from the request, unless another timeline is agreed upon.

(K) What does the investigation by ODJFS-BCR include?

The investigation includes:

(1) Face-to-face interviews with the complainant, respondent, and relevant witnesses. Virtual interviews are acceptable if the interviewee agrees and suitable technological arrangements can be made without an undue burden on the interviewee.

(2) Review of any records deemed relevant to the allegations, including but not limited to, records of the PCSA, PCPA or PNA related to the complainant and the child(ren) involved, if applicable.

(3) Review and analysis of any applicable section of the agency's policies, any applicable section of Ohio Administrative code, any applicable section of Ohio Revised code and any applicable federal laws or regulations regarding discrimination based on RCNO.

(4) A final investigation report issued within one-hundred and twenty-one calendar days of the receipt of the initial complaint, or longer, if unanticipated circumstances occur, in which case both parties will be notified. The report will document any findings of discrimination by the agency, agency staff or administration or agency contractor that amount to noncompliance of any of the agency's policies, or any state or federal policies, rules or laws described in paragraph (K)(3) of this rule.

(L) What if the PCSA, PCPA, or PNA is noncompliant with the investigation?

(1) DCY may take any actions permitted under section 5101.24 of the Revised Code if a PCSA is noncompliant.

(2) For noncompliance by a PCPA or PNA, DCY may take action concerning the agency's certificate pursuant to Chapter 5180:2-5 of the Administrative Code.

(M) What happens upon completion of the final investigation report?

Upon completion of the final investigation report, DCY is to determine if any action against a PCSA, PCPA or PNA is warranted due to the findings of noncompliance in the final investigation report issued by ODJFS-BCR.

(N) Are individuals protected from retaliation for filing a complaint or participating in an investigation?

Yes, individuals are protected from retaliation actions. No person who has filed a complaint alleging a discriminatory act, policy or practice involving RCNO in the foster care or adoption process of a PCSA, PCPA or PNA or who has testified, assisted or participated in any manner in the investigation of a complaint is to be intimidated, threatened, coerced, or retaliated against by any employee or contractor of the PCSA, PCPA, PNA or DCY.

(O) Can an individual file a federal complaint?

Yes, individuals may file a complaint with the United States department of health and human services (HHS), office for civil rights (OCR) alleging discrimination that involves RCNO in the foster care or adoption process of a PCSA, PCPA, PNA or DCY.

(P) Do other Ohio Administrative Code (OAC) rules apply to RCNO discrimination complaints?

No, rules 5180:2-33-20 and 5180:2-48-24 of the Administrative Code do not apply to RCNO discrimination complaints in the foster care and adoption process.

Last updated September 15, 2026 at 9:18 AM

History

Effective: September 15, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-20

(A) The public children services agency (PCSA) shall develop and implement written policies for receiving, reviewing and resolving both of the following:

(1) Complaints concerning the provision of services from parents, custodians, legal guardians, foster caregivers, kinship caretakers, applicants or providers of approved adult-supervised living arrangements, and children.

(2) Report disposition appeals by alleged perpetrators who disagree with the PCSA report disposition of a report of child abuse or neglect.

(B) The complaint review and report disposition appeal policies shall, at a minimum, identify all of the following information:

(1) Operational procedures for conducting both complaint reviews and report disposition appeal hearings including the PCSA's method of review and response to complaint reviews and report disposition appeals.

(2) The office or individual(s) involved in conducting complaint reviews and report disposition appeal hearings.

(3) Reasonable time frames for both of the following:

(a) Allowing the parties identified in paragraph (A) of this rule to request a complaint review or report disposition appeal.

(b) Conducting the review or hearing and issuing a finding.

(4) The method by which the PCSA will provide and communicate the policies related to complaint reviews and report disposition appeals to individuals who are hearing or visually impaired or who have limited English proficiency.

(C) Upon request, the PCSA shall provide written copies of the PCSA's complaint review and report disposition appeal policies to an individual within three working days from the date of the request.

(D) The PCSA personnel conducting complaint reviews and hearings regarding report disposition appeals cannot be involved in the case, including the assessment/investigation of the incident or the approval of the report disposition.

(E) The PCSA personnel conducting complaint reviews shall document in the case record the complaint, the complaint review process and the findings of the complaint review.

(F) The PCSA hearing personnel shall facilitate the report disposition appeal hearing and consider the totality of the information including the assessment/investigation information contained in the case record which led to the report disposition as well as any information presented by the PCSA and the appellant.

(G) The PCSA hearing personnel shall change the report disposition if any of the following circumstances occur:

(1) The report disposition was made in error.

(2) The appellant did not engage in conduct constituting child abuse or neglect as defined in sections 2151.03 and 2151.031 of the Revised Code.

(3) The report disposition is not supported by the totality of the information presented by the appellant or the PCSA or contained in the case record.

(H) The decision of the PCSA regarding the report disposition appeals shall be final and the decisions are not subject to state hearing review under section 5101.35 of the Revised Code.

(I) When an appeal of a PCSA report disposition of a report of child abuse or neglect is heard, the PCSA shall do all of the following:

(1) Document the report disposition appeal hearing process and findings in the case record.

(2) Update the statewide automated child welfare information system and notify the principals of the report in writing as to the revised report disposition if a report disposition appeal hearing results in the revision of the disposition.

(3) Maintain all documents submitted or reviewed during the report disposition appeal hearing in the case record.

Last updated January 30, 2026 at 4:33 PM

History

Effective: August 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-1-07 Delegation of responsibilities and contracting for the performance of specified agency duties.

(A) Who may a public children services agency (PCSA) enter into a contract with to assist performing its duties?

Except as specified in paragraph (B) of this rule, a PCSA may enter into a contract with a county department of job and family services (CDJFS); county boards of mental health and addiction services; county boards of developmental disabilities; regional councils of political subdivisions established under Chapter 167. of the Revised Code; private and government providers of services; or managed care organizations and prepaid health plans to assist in performing the duties assigned to the PCSA.

(1) If the county board of children services serves as the PCSA, contracting follows the provisions pursuant to division (C)(2)(a) of section 5153.16 of the Revised Code.

(2) If the CDJFS or a private governmental entity serves as the PCSA, the county commissioners can contract for those services as provided pursuant to section 307.982 and divisions (C)(2)(b) and (C)(2)(c) of section 5153.16 of the Revised Code.

(B) Can a PCSA delegate its investigation duties through a contract?

No. A PCSA is not to enter into a contract with any other entity to delegate the responsibility of performing investigation duties as outlined in section 2151.421 of the Revised Code.

(C) What is a PCSA expected to obtain prior to entering into a contract with an agency, organization, provider, or individual?

Prior to entering into a contract, the PCSA is to ensure the agency, organization, provider, or individual holds all required state licensure credentials necessary to perform the duties specified in the contract.

(D) What is to be included in agreements or contacts related to child placement?

When a contract is executed between a PCSA and another private or government provider of services, for the purpose of placing a child, the contract is to specify responsibilities of both parties to the contact, have clear effective begin and end dates, a clause for termination of the contract, and if federal funding is used, notice of federal award and federal guidance for management of the award.

Last updated July 1, 2026 at 8:57 AM

History

Effective: July 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-1-11 Multiethnic Placement Act (MEPA) agency administrative requirements.

(A) Are public children services agencies (PCSAs) and private child placing agencies (PCPAs) required to designate a MEPA monitor?

Yes, each PCSA and PCPA is to designate a person to serve as the agency's internal monitor for the purposes of the Multiethnic Placement Act, Oct. 20, 1994, Pub. L. 103- 382, as amended by Section 1808 of the Small Business Job Protection Act of 1996, Aug. 20, 1996, Pub. L. 104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI).

(B) Can PCSAs and PCPAs share MEPA monitors?

Agencies may share MEPA monitors from other PCSAs or PCPAs to fulfill monitoring functions.

A private noncustodial agency (PNA) is not required to designate a MEPA monitor but is to refer all cases in which race, color, or national origin (RCNO) may be a factor in the placement decision to the child's custodial agency for assessment pursuant to rules 5180:3-13-18.1 and 5180:2-48-13 of the Administrative Code.

(D) Who may not serve as the MEPA monitor?

The MEPA monitor is to be an agency employee but is not to be the child's caseworker or the supervisor of that caseworker nor the agency's civil rights coordinator.

(E) What are the responsibilities of the MEPA monitor?

The MEPA monitor is to review and monitor foster care and adoptive placement decisions when the agency has completed DCY 01688 "Individualized Child Assessment."

(F) How long is the DCY 01688 valid?

The DCY 01688 is valid for twelve months from the date of the final decision as documented on the form.

(G) What is an agency to do on an annual basis regarding its recruitment plan?

Each PCSA, PCPA, or PNA is to review its recruitment plan on an annual basis. If the PCSA, PCPA, or PNA amends its recruitment plan at any time the agency is to submit the amended recruitment plan to DCY within ninety calendar days following the amendment in accordance with rules 5180:2-48-05 and 5180:2-5-13 of the Administrative Code.

(H) Are PCSAs, PCPAs, and PNAs operating a foster care or adoption program required to adopt written standards of conduct?

Each PCSA, PCPA, and PNA operating a foster care or adoption program is to adopt written standards of conduct governing employee or contractor's performance in relation to MEPA and the Civil Rights Act of 1964 (Title VI) as they apply to the foster care and adoption process. The written standards of conduct are to:

(1) Prohibit denying any person the opportunity to become a foster caregiver or an adoptive parent on the basis of race, color or national origin of that person, or of the child involved; or delaying or denying any placement of a child in foster care or for adoption on the basis of the race, color or national origin of the foster caregiver(s), of the adoptive parent(s) or of the child involved.

(2) Include enforcement requirements to be used whenever an agency employee or contractor engages in discriminatory acts, policies, or practices involving race, color or national origin in the foster care or adoption process as determined by Ohio department of job and families services-bureau of civil rights (ODJFS-BCR) upon completion of the investigation conducted pursuant to rule 5180:3-1-03 of the Administrative Code.

(a) The enforcement requirements are to include standards governing penalties, sanctions, and other disciplinary actions, which may include suspension and/or removal, to be applied in accordance with applicable employment law and union contracts.

(b) The standards are to provide for the submission of a corrective action plan whenever an investigation conducted by ODJFS-BCR, pursuant to rule 5180:3- 1-03 of the Administrative Code, results in a finding that an agency employee or contractor engaged in discriminatory acts, policies, or practices.

(c) The standards for the corrective action plan are to address how the agency will prevent future violations by the employee or contractor, and that the plan is to be submitted to DCY within thirty calendar days of notification of the investigation findings.

(I) To whom is the agency to provide the written standards of conduct?

The agency is to provide a copy of the written standards of conduct to each employee or contractor who is engaged in the placement of children into foster care or for adoption, or engaged in the recruitment, assessment, approval, or selection of a foster caregiver(s) or adoptive family. New employees or contractors are to receive a copy of the written standards of conduct within thirty calendar days of their hire date or the effective date of their contract.

(J) Can an agency require an employee to justify a placement based on the difference in race, color, or national origin between a child and a proposed caregiver or adoptive parent?

No, a PCSA, PCPA or PNA is not to require an employee to justify a proposed placement for the reason that the race, color or national origin of the child is different from the family with whom the worker is proposing as the child's foster caregiver or adoptive parent.

Last updated September 15, 2026 at 9:18 AM

History

Effective: September 15, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-13-18.1

(A) Can an agency deny someone the opportunity to become a foster caregiver based on race, color, or national origin (RCNO)?

A public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) is not to deny any person the opportunity to become a foster caregiver on the basis of race, color or national origin (RCNO) of that person, or of the child involved; nor should the PCSA, PCPA, or PNA delay or deny the placement of a child into foster care on the basis of RCNO of the foster caregiver or of the child involved.

(B) What is the Multiethnic Placement Act (MEPA)?

The Multiethnic Placement Act of 1994, as enacted by Sections 551 to 554 of the Improving America's School Act of 1994, Pub. L. No. 103-382, 108 Stat 3518 as amended by Section 1808 of the Small Business Job Protection Act of 1996. MEPA prohibits an agency or entity that receives federal assistance and is involved in adoptive or foster care placements , from delaying or denying the placement of a child solely on the basis of race, color or national origin of the adoptive or foster parent, or the child, involved. The act permits consideration of the child's cultural, ethnic, or racial background when such factors are considered in junction with other factors or relevant to the child's best interest.

MEPA and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, as they apply to the foster care process, do not supersede the provisions of the Indian Child Welfare Act of 1978, 25 U.S.C. 1901 et seq.

(D) Can RCNO be routinely considered when assessing a child's placement?

A PCSA, PCPA, or PNA is not to routinely consider RCNO as a factor in assessing the needs or best interests of children. In each case, the only consideration is to be the child's individual needs and the ability of the prospective foster caregiver to meet those needs.

(E) When can RCNO be considered in a placement decision?

Only the most compelling reasons may serve to justify the consideration of RCNO as part of a placement decision. Such reasons emerge only in the unique and individual circumstances of each child and each prospective foster caregiver. In those exceptional circumstances when RCNO need to be taken into account in a placement decision, such consideration is to be narrowly tailored to advance the child's best interests. Even when the facts of a particular case allow consideration related to RCNO, this consideration is not to be the sole determining factor in the placement decision.

(F) What actions are permitted by a PCSA, PCPA and PNA regarding RCNO in foster care placement decisions?

(1) Asking about and honoring any initial or subsequent choices made by prospective foster caregivers regarding what RCNO of child the prospective foster caregivers will accept.

(2) Providing information and resources about fostering a child of another RCNO to prospective foster caregivers who request such information and making known to all families that such information and resources are available.

(3) Considering the request of a birth parent(s) to place the child with a relative or non-relative identified by name.

(4) Considering the RCNO of the child as a possible factor in the placement decision when compelling reasons serve to justify that the RCNO need to be a factor in the placement decision pursuant to paragraph (G) of this rule. Even when the facts of a particular case allow consideration related to the RCNO, this consideration is not to be the sole determining factor in the placement decision.

(5) Promoting cultural awareness, including awareness of cultural and physical needs that may arise in the care of children of different races, ethnicities and national origins as part of the training which is a requisite for of all applicants who seek to become foster caregivers.

(6) Documenting verbal comments, verbatim, or describing in detail any other indication made by a prospective foster caregiver or prospective foster caregiver family member living in the household or any other person living in the household reflecting a negative perspective regarding the RCNO for whom the prospective foster family have expressed an interest in fostering.

(a) The documentation is to indicate whether those comments were made before or after completion of the cultural diversity training that is prescribed for all foster care applicants.

(b) The documentation is to be included in the family's homestudy, update, or an addendum to the homestudy or update prior to consideration of placement.

(G) What actions are not permitted by the PCSA, PCPA and PNA as it applies to the foster care process?

The following actions are not permitted:

(1) Use the RCNO of a prospective foster caregiver to differentiate between foster care placements for a child, unless the procedures in paragraphs (H) to (L) of this rule are followed.

(2) Honor the request of a birth parent(s) to place a child with a foster parent(s) of a specific RCNO unless the birth parent(s) identifies a relative or non-relative by name and that person is found to meet all relevant state child protection standards and the agency determines that the placement is in the best interests of the child.

(3) Requiring a prospective foster family to prepare or accept a transracial foster care plan.

(4) Use culture or ethnicity as a proxy for RCNO.

(5) Delay or deny placement of a child based upon the following:

(a) The geographical location of the neighborhood of the prospective foster caregiver if geography is being used as a proxy for the racial or ethnic composition of the neighborhood.

(b) The demographics of the neighborhood.

(6) Requiring extra scrutiny, additional training, or greater cultural awareness of individuals who are prospective foster caregivers of children of a different RCNO than is expected of other prospective foster caregivers.

(7) Relying upon general or stereotypical assumptions about the needs of children of a particular RCNO.

(8) Relying upon general or stereotypical assumptions about the ability of prospective foster caregivers of a particular RCNO to care for or nurture the sense of identity of a child of another RCNO.

(9) Steering prospective foster caregivers away from parenting a child of another RCNO. "Steering" is any activity that attempts to discourage prospective foster caregivers from parenting a child of a particular RCNO.

(H) How can RCNO be considered in placement decisions?

If a medical or psychological evaluation, school record, or other material documented in the file, including statements made by the child to a caseworker, indicate that there may be compelling reasons to consider needs the child may have regarding RCNO in the placement process, the agency is to determine if the child should be referred for an assessment of whether the child has individual needs involving RCNO.

(I) Who can conduct RCNO-related assessments?

One of the following licensed professionals is to conduct the assessment regarding RCNO:

(1) A licensed child psychiatrist.

(2) A licensed child psychologist.

(3) A licensed independent social worker.

(4) A licensed professional clinical counselor.

(J) Can the licensed professional conducting the assessment be employed by the PCSA or PCPA?

The licensed professional conducting the assessment is not to be employed by the PCSA or PCPA making the referral.

(K) What documentation is to be completed for RCNO consideration?

At the time of the referral, the PCSA or PCPA is to initiate and subsequently complete the DCY 01688 "Individualized Child Assessment" using the following procedures:

(1) The caseworker is to complete section I of the DCY 01688 and submit the DCY 01688 and all relevant medical or psychological evaluations, school records, or other material documented in the file to the caseworker's supervisor and the PCSA or PCPA MEPA monitor.

(2) If both the supervisor and the MEPA monitor determine that the documented material contained in the case file indicates there may be compelling reasons to consider the needs the child may have regarding RCNO in the placement process, the child is to be referred within ten days of the completion date of the individual child assessment as indicated in paragraph (G) of this rule. At the time of the referral, the agency is to forward to the licensed professional the following documents:

(a) The original DCY 01688.

(b) All relevant medical or psychological evaluations, and school records.

(3) The PCSA or PCPA is to request in writing that the licensed professional complete and sign section II of the original DCY 01688 and return it within sixty days to the PCSA or PCPA with a copy of the requested assessment attached.

(4) The licensed professional is to determine whether the child has needs involving RCNO and any other needs of a psychological or behavioral nature and, if so to specify what those needs are and how those needs may impact a potential substitute care placement.

(5) The licensed professional is not to complete an assessment pursuant to paragraph (H) of this rule until the PCSA or PCPA has provided the licensed professional with copies of this rule and each of the following:

(a) DCY 01607 "MEPA Educational Materials."

(b) The DCY 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements."

(d) Rule 5180:2-48-16 of the Administrative Code.

(6) The licensed professional is to sign the DCY 01608 "Licensed Professional Statement" acknowledging receipt of the materials prescribed in paragraph (K)(5) of this rule. A copy of the signed DCY 01608 is to be submitted to the PCSA or PCPA.

(7) The PCSA or PCPA is to keep the DCY 01608 and attach a copy to each DCY 01688 the licensed professional completes. The PCSA or PCPA is to submit a copy of the DCY 01608 and DCY 01688, if applicable to the Ohio department of children and youth (DCY) ten days after receiving it.

(8) Each completed DCY 01688 is to remain in effect for twelve months from the date of the final decision as documented on the DCY 01688.

(a) If it has been determined that RCNO should be a factor considered in the child's placement, an updated DCY 01688 and assessment is to be completed prior to the twelve month expiration date.

(b) If it has been determined that RCNO should not be a factor considered in the child's placement, an updated DCY 01688 and assessment is not required prior to the twelve month expiration date. In such instance, the PCSA or PCPA may update the DCY 01688 and assessment as deemed necessary.

(9) The DCY 01688 is to be considered as part of the placement decision making process.

(L) What documentation is the PCSA or PCPA to keep in a child's case file?

The PCSA or PCPA is to maintain in the child's case file the completed original DCY 01688 and all medical or psychological evaluations, school records, or other material in the file.

(M) A PCSA, PCPA, or PNA is not to intimidate, threaten, coerce, or in any way discriminate or retaliate against any person who has filed an oral or written complaint, testified, assisted, or participated in any manner in the investigation of an alleged violation of MEPA and/or Title VI. This includes:

(1) Any prospective or certified foster family.

(2) Any employee of a PCSA, PCPA, or PNA.

(3) Any employee of any other agency with responsibilities regarding the care or placement of a child in the temporary custody or permanent custody of the PCSA, PCPA or PNA such as a guardian ad litem (GAL) or court appointed special advocate (CASA) volunteer.

(N) What types of retaliatory actions are prohibited duirng investigations related to MEPA and Title VI?

Retaliatory conduct not permitted includes, at a minimum:

(1) A reduction in the amount of foster care payments which a family should receive based on the child's needs.

(2) Unwarranted poor evaluations of an employee by his or her supervisor.

Last updated September 18, 2026 at 1:50 PM

History

Effective: March 14, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-05

(A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) that places children for adoption or participates in the placement of children for adoption shall have a current written adoption policy.

(B) The policy shall include:

(1) The geographic area within which the agency conducts adoption homestudy assessments.

(2) A description of the adoption application process, the adoption homestudy, and the adoption homestudy update and amendment procedures, including:

(a) Eligibility requirements for an adoptive applicant(s).

(b) Timeframe for commencing and completing an adoption homestudy.

(c) Process for simultaneously certifying an applicant for foster care placement and approving an applicant for adoption.

(d) Preservice training requirements for an adoptive applicant(s).

(e) Criminal records check requirements and fees associated with obtaining a criminal records check pursuant to rule 5101:2-48-10 of the Administrative Code.

(f) If the agency requires additional assessment activities not specified in Chapter 5101:2-48 of the Administrative Code, then the agency shall include a description of those activities in their policy and require them of all adoptive applicants and approved adoptive parents.

(g) The requirement that an assessor shall complete the JFS 01530 "Large Family Assessment" if:

(i) A family has a total of five or more children residing in the home at the time of the homestudy, including foster children and children in kinship care, or;

(ii) A family will have a total of five or more children residing in the home based upon the number of children residing in the home at the time of the homestudy, including foster children and children in kinship care and the number of children the family will be approved to adopt.

(h) The requirement that an assessor shall complete a new JFS 01530 at the time of the update if the family circumstances have changed substantially or if a JFS 01530 was not completed at the time of the homestudy but is required at the time of the update.

(3) Notification procedures which, at a minimum, include:

(a) The requirements that an adoptive applicant(s) or approved adoptive parent(s) shall notify the agency in writing if a person residing in the home who is twelve years old, but under eighteen years old, has been convicted or pleaded guilty to any offense listed in appendix A to rule 5101:2-48-10 of the Administrative Code or has been adjudicated to be a delinquent child for committing an act that if committed by an adult, would constitute one of those offenses.

(b) The requirements that the PCSA, PCPA, or PNA shall notify in writing the PCSA in the county in which the adoptive applicant resides within ten days after the initiation of a homestudy pursuant to rule 5101:2-48-12 of the Administrative Code.

(c) The requirements that the PCSA, PCPA or PNA shall notify in writing the PCSA in the county in which the adoptive parent(s) resides, of an impending adoptive placement no later than ten days prior to the placement of the child pursuant to rule 5101:2-48-16 of the Administrative Code.

(d) The requirements that the PCSA or PCPA shall notify 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.

(4) A procedure to provide access to approved adoption homestudies and other related documents to a PCSA or PCPA that requests a copy of the adoption homestudy for purposes of matching a child pursuant to rule 5101:2-48-19 of the Administrative Code.

(5) A procedure for the receipt and maintenance of approved adoptive homestudies from other agencies or states, including the length of time that homestudies received shall be maintained in the agency's files.

(6) A procedure pursuant to rule 5101:2-48-24 of the Administrative Code, to review grievances or complaints, received from the prospective adoptive applicant(s), adoptive applicant(s), or approved adoptive parent(s).

(a) The requirements for hearing grievances and for resolving differences with the prospective adoptive applicant(s), adoptive applicant(s), or approved adoptive parent(s), relative to the requirements of Chapter 5101:2-48 of the Administrative Code and other agency policies.

(b) The requirements 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 statement that the requirements contained in rule 5101:2-33-03 of the Administrative Code supersede the requirements of rule 5101:2-48-24 of the Administrative Code when the grievance or complaint involve alleged discriminatory acts, policies, or practices pertaining to the foster care and adoption process that involve race, color or national origin (RCNO).

(8) A requirement that the child's custodial agency hold the initial matching conference within ninety days of the execution of the permanent surrender or the file stamp date of the permanent custody order, unless the order is under appeal as outlined in rule 5101:2-48-16 of the Administrative Code.

(9) The following procedures as outlined in rule 5101:2-48-16 of the Administrative Code:

(a) Matching procedures as outlined in paragraph (V) of rule 5101:2-48-16 of the Administrative Code.

(b) When subsequent matching conferences are not required as outlined in paragraph (Y) of rule 5101:2-48-16 of the Administrative Code.

(10) A non-discriminatory policy on determining the approved adoptive parents who will be presented as a potential adoptive parent for the child in the matching conference. If there are more than five families who are potential matches for the child, the agency may narrow the number of families to a minimum of five based on:

(a) The preference to keep siblings together if it is in their best interest.

(b) The level of experience the family has in working with children who have the specific behavior, medical or mental health challenges that a specific child presents.

(11) If a family was previously considered for a child in a matching conference and was not interested in the child, the agency does not have to consider the family for the same child in subsequent matching conferences.

(12) The availability of open adoptions between the birth parent(s) and the adoptive parent(s) and the referral process if the agency does not provide open adoptions.

(13) A procedure for the agency to report an adoptive applicant(s) or adoptive parent(s) who it feels has made a false statement in the application or homestudy process according to rule 5101:2-33-13 of the Administrative Code.

(14) A description of all state and federal adoption and post adoption assistance, including:

(a) Eligibility requirements of each program.

(b) Application requirements of each program.

(d) Availability of and process for requesting a state hearing, as described in section 5101.35 of the Revised Code and in accordance with division 5101:6 of the Administrative Code.

(15) Schedule of fees for service, if applicable.

(16) Religious affiliation requirements, if applicable.

(17) Provision of prefinalization and postfinalization services.

(18) The complaint process pursuant to rule 5101:2-33-03 of the Administrative Code.

(C) Standards of conduct regarding the Multiethnic Placement Act, Oct. 20, 1994, P.L. 103-382, as amended by Section 1808 of the Small Business Job Protection Act of 1996, Aug. 20, 1996, P.L. 104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI), as they apply to the adoption process, which do not supersede the provisions of the Indian Child Welfare Act of 1978, Nov. 8, 1978, P.L. 95-608, 25 U.S.C. sections 1901-1963.

(D) The agency may prepare a summary of its adoption policy to respond to inquiries pursuant to rule 5101:2-48-08 of the Administrative Code. If the agency prepares a summary, it shall include:

(1) A written notice of the procedure for any complaints of discrimination in the adoption process that involve race, color or national origin (RCNO), pursuant to rule 5101:2-33-03 of the Administrative Code.

(2) The JFS 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements," No additional language regarding non-discrimination in the adoptive placement process based upon RCNO shall be included in the agency's policy or other recruitment materials.

(E) The PCSA, PCPA, or PNA shall maintain its written policies to reflect requirements contained in the Administrative Code. When an agency revises a policy, the revision shall be submitted to ODJFS within ninety days of the change. If a change in the Administrative Code or the Revised Code requires the agency policy to change, the agency shall submit the affected policy to ODJFS within ninety days of the effective date of the change in Administrative Code or Revised Code.

(F) Recruitment of prospective adoptive parents shall be an ongoing activity of the PCSA, PCPA, or PNA. The agency shall not deny any person the opportunity to become an adoptive parent on the basis of RCNO of the person or the child involved.

(G) The PCSA, PCPA or PNA shall develop, maintain and implement a comprehensive recruitment plan that identifies the agency's diligent recruitment efforts of parents and which reflects the diversity of waiting children for whom adoptive homes are needed. The plan shall be signed by the agency director or designee.

(H) If the PCSA, PCPA, or PNA amends its recruitment plan at any time the agency shall submit the amended recruitment plan to ODJFS within ninety days following the amendment.

(I) The PCSA, PCPA and PNA, at a minimum, shall include in its recruitment plan the following:

(1) A fee structure that is non-discriminatory to applicants and approved adoptive parents and that allows parents of various income levels the opportunity to adopt. Fees may be charged according to a standardized and uniformly applied sliding scale, based on a family's ability to pay. The ability to pay a fee shall not influence the choice of the most appropriate parent(s) for a child.

(2) Specific strategies to reach all parts of the community.

(a) The PCPA or PNA shall define its own community.

(b) The PCSA shall define the community as the county in which the PCSA is located.

(3) Specific methods of disseminating both general and targeted recruitment.

(4) Strategies for assuring that all prospective adoptive applicants will receive information regarding adoption procedures within seven days of inquiry.

(5) Strategies for assuring that all applicants have access to the homestudy process, including location and hours of services that facilitate access to all members of the community.

(6) Strategies for training staff to work with diverse cultural, racial, ethnic and economic communities.

(7) Strategies for dealing with linguistic barriers between the PCSA, PCPA, or PNA and the prospective adoptive applicant(s).

(J) The PCSA and PCPA shall include in its recruitment plan the following:

(1) A description of the characteristics of children in the permanent custody or permanent surrender of the agency, including:

(a) Age.

(b) Gender.

(d) Developmental needs.

(e) Emotional and mental health needs.

(f) Physical needs.

(2) A comparison of the racial and ethnic diversity of the children in permanent custody with the racial and ethnic diversity of the approved adoptive family resources in the agency.

(3) Any racial or ethnic category of family that is under-represented and the strategies the agency will initiate to increase the category.

(4) Criteria to determine when the agency will conduct child specific recruitment strategies for a child.

(5) Identification of the type of specific recruitment techniques the PCSA or PCPA will utilize when child specific recruitment is warranted, pursuant to rule 5101:2-48-16 of the Administrative Code.

(K) The PCSA, PCPA, or PNA shall maintain case records in a consistent and organized manner. If the PCSA, PCPA, or PNA maintains any required information set forth in this rule in a location other than the case record, it shall be stated in the agency policy or noted in the case record where the information can be found for the purpose of: preservation of agency records, searching for potential placement/adoptive resources, providing needed or requested services and/or screening/assessing families.

(L) An agency shall ensure that employees 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 agency policies.

(M) 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.

(N) If ODJFS determines an agency's adoption policy, policy revisions or recruitment plan are noncompliant, the agency shall accept technical assistance from ODJFS until such time that the policy or recruitment plan is in compliance.

Last updated February 9, 2026 at 4:12 PM

History

Effective: October 15, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-13

(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 a method of intervention where a person's face and/or frontal part of his or her body is placed in a downward position touching any surface for any amount 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, 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 ninety 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.

(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. 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.

(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.

(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.

(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" 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.

(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 which is certified to operate a residential facility is to have a written policy to address the requirements of being a qualified residential treatment program (QRTP) as outlined in rule 5101:2-9-42 of the Administrative Code.

(18) 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.

(19) 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.

(20) An agency shall have a written policy regarding access, confidentiality, maintenance, security and disposal of all records maintained by the agency.

(21) 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.

(22) 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.

(23) 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.

(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.

(24) 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.

(25) An agency shall have a written policy and procedure which assures protection of a child's civil rights.

(26) 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." 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.

(27) 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.

(28) 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.

(29) 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.

(30) 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." 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.

(31) 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 for review 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 ninety 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 ninety 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.

Last updated January 23, 2026 at 4:40 PM

History

Effective: December 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-1-23 Case records for children services.

(A) What is to be included in the public children services agency's (PCSA) case records?

The PCSA is to maintain all information described in section 5153.17 of the Revised Code. "Case record" means the permanent documentation of the assessment/investigation and the provision of social services to families and children maintained as hard copy files, electronic files, or a combination of both.

(B) What are the PCSA's responsibilities regarding all case records?

(1) The PCSA is to document, maintain, and permanently keep case records.

(2) All case records are confidential. Any release or disclosure of these records is to comply with the provisions outlined in sections 2151.423 and 5153.17 of the Revised Code.

(1) Information is to be kept primarily in the Ohio comprehensive child welfare information system (CCWIS).

(2) Information that cannot be recorded in Ohio CCWIS is to be maintained as hard copy files, electronic files, or a combination of both. The information is to be maintained in a consistent and organized manner so that information can be readily located. If the PCSA maintains information in a location other than Ohio CCWIS, it is to be stated in the PCSA policy or noted in Ohio CCWIS where the information can be found.

Last updated November 6, 2025 at 8:33 AM

History

Effective: November 6, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-1-26 The county memorandum of understanding to address child abuse and neglect.

(A) What is the county memorandum of understanding to address child abuse and neglect?

It is a document describing operating procedures that officials are to follow when conducting child abuse or neglect assessments/investigations. Throughout this rule, the county child abuse and neglect memorandum of understanding (MOU) will be referred to as the MOU.

(B) What are the purpose and goals of the MOU as defined in section 2151.4221 of the Revised Code?

(1) The purpose of the MOU is to establish normal operating procedures by all concerned officials in completing their respective responsibilities.

(2) The goals are to eliminate unnecessary interviews and provide only one interview of children who are the subject of the report of child abuse or neglect.

Each public children services agency (PCSA) is to prepare the MOU and submit it to the Ohio department of children and youth (DCY) before December thirty-first of each biennial year beginning in 2023.

(D) What is to be included in the MOU?

The PCSA may complete the DCY 01425 "Model Memorandum of Understanding" or the PCSA's MOU is to contain the following:

(1) All information pursuant to section 2151.4221 of the Revised Code.

(2) The PCSA's system for notifying the county prosecuting attorney or city director of law when any mandated reporter of child abuse or neglect fails to report suspected or known child abuse or neglect.

(3) The PCSA's system for receiving reports of child abuse and neglect twenty-four hours per day, seven days per week. If the PCSA contracts with an outside source to receive after-hours calls, a copy of the signed agreement is to be attached to the MOU which indicates that all reports with identifying and demographic information of the reporter and principals of the report will be forwarded to a designated PCSA worker within an hour of receipt. Describe how confidentiality will be ensured in accordance with sections 2151.421, 2151.423, and 5153.17 of the Revised Code. When the PCSA contracts with an outside source, the PCSA is to include in the MOU its system for informing the public of the after-hours phone number, as applicable.

(4) A system for the elimination of all unnecessary interviews of a child who is the subject of the report.

(5) A statement addressing the PCSA's policy for requesting the assistance of law enforcement.

(6) Situations when law enforcement is to respond to the PCSA immediately.

(7) Standards and procedures for handling and coordinating joint investigations of reported cases of child abuse and neglect including sharing of investigative reports and procedures specific to cases which involve:

(a) Out-of-home care child abuse or neglect.

(b) Third party investigative procedures and the assistance of law enforcement including addressing instances where law enforcement declines to assist the PCSA.

(d) The death of a child who is in the custody of the PCSA in accordance with rules 5180:2-33-14 and 5180:2-42-89 of the Administrative Code.

(e) Alleged withholding of medically indicated treatment from disabled infants with life-threatening conditions in accordance with rule 5180:2-36-07 of the Administrative Code.

(f) Alleged child abuse and/or neglect constituting a crime against a child, including human trafficking, and needing a joint assessment/investigation with law enforcement. The procedures are to include a statement of assurance as to how the PCSA will ensure child safety and not compromise the child protective assessment/investigation while concurrently assisting law enforcement with the criminal investigation.

(8) A system for receiving and responding to reports involving individuals who aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court:

(a) Becoming a dependent or neglected child.

(b) Becoming an unruly or delinquent child.

(c) Leaving the custody of any person, department, or public or private institution without the legal consent of that person, department, or institution.

(9) A system for receiving and responding to reports involving missing children who are involved with the PCSA.

(10) The PCSA's system for notifying the county prosecuting attorney or city director of law when there is unauthorized dissemination of confidential PCSA information.

(11) A system for consultation among signatories as it is deemed necessary to protect children. The county's system for consultation is to include at a minimum the PCSA's protocol for consulting with law enforcement, the prosecuting attorney's office, the juvenile judge, and if applicable, the children's advocacy center established pursuant to section 2151.426 of the Revised Code, for any cases which may need their intervention or assistance.

(E) What may be included in the MOU?

The MOU may include the following:

(1) A description of how the PCSA would continue to maintain operations including, but not limited to, receiving and investigating child abuse and/or neglect reports in the event of disaster.

(2) Procedures for completing deserted child/safe haven child assessment/investigations in accordance with rule 5180:2-36-06 of the Administrative Code.

(3) A statement explaining the limited consequences for failure to follow the MOU pursuant to section 2151.4223 of the Revised Code.

(4) Any other relevant information as determined by the PCSA and the officials signing the MOU.

(F) Who is to sign the prepared MOU?

The MOU is to be signed by the officials described in section 2151.4220 of the Revised Code.

(G) How will the PCSA facilitate the signing of the MOU?

The PCSA is to ensure that each official biennially:

(1) Reviews and evaluates the MOU for necessary updates to terms and procedures.

(2) Updates the MOU's terms and procedures, if needed.

(3) Signs the reviewed MOU.

(H) Where does the PCSA submit the signed MOU?

The PCSA is to submit the signed MOU biennially to the board of county commissioners for approval in accordance with section 2151.4222 of the Revised Code.

(I) What is the process for PCSAs to submit the signed and approved MOU to DCY for compliance determination?

(1) The PCSA is to submit a copy of the MOU to DCY within thirty days from the board of county commissioners' approval and before December thirty-first each biennium.

(2) If DCY determines the MOU to be compliant pursuant to section 2151.4230 of the Revised Code, the MOU is considered effective in accordance with section 2151.4232 of the Revised Code. The PCSA is to post the MOU to the county's general website within thirty days of the compliance determination.

(3) If DCY determines the MOU is non-compliant, the PCSA is to submit a compliance assurance plan in accordance with section 2151.4231 of the Revised Code.

(J) What is the process when there is a change to an individual who signed the MOU in accordance with section 2151.4220 of the Revised Code?

The PCSA is to provide the new individual with a copy of the current MOU and obtain their signature acknowledging the MOU. The new individual is bound by the most recently approved version of the MOU for the remainder of the biennium.

(K) What does the PCSA do if any official refuses to sign the MOU?

The PCSA is to document the reason(s) for the refusal to sign the MOU.

(L) What is the process to revise a previously approved MOU?

The PCSA is to obtain all signatures as described in section 2151.4220 of the Revised Code and submit a copy of the revised MOU to DCY within ninety days of obtaining the signatures.

Last updated November 6, 2025 at 8:34 AM

History

Effective: November 6, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-14

(A) Upon receipt of information involving a child fatality or near fatality, the public children services agency (PCSA) is to record the information into Ohio's comprehensive child welfare information system (CCWIS) pursuant to rule 5101:2-36-01 of the Administrative Code.

(B) The PCSA is to 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 (P.L. 117-348, 1/5/23).

(D) The PCSA is to complete the child fatality/near fatality record in Ohio's CCWIS, 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 is to 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) Update the family 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 is to 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 is to 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 is to update the child fatality/near fatality record in Ohio's CCWIS within five days of receipt of any additional information to be documented in the child fatality/near fatality record.

Last updated March 4, 2026 at 7:20 AM

History

Effective: December 16, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-36-07

(A) The public children services agency (PCSA) is to conduct an assessment/investigation if a neglect report alleges the withholding of medically indicated treatment from a disabled infant with a life-threatening condition.

(1) The withholding of medically indicated treatment is the refusal to provide appropriate nutrition, hydration, medication or other medically indicated treatment from a disabled infant with a life-threatening condition.

(2) Medically indicated treatment includes the medical care most likely to relieve, or correct, the life-threatening condition. Nutrition, hydration, and medication, as appropriate for the infant's needs, are medically indicated for all disabled infants; as well as, the completion of appropriate evaluations or consultations necessary to assure that sufficient information has been gathered to make informed medical decisions on behalf of the disabled infant.

(3) In determining whether treatment is medically indicated, reasonable medical judgments made by a prudent physician, or treatment team, knowledgeable about the case and its treatment possibilities are considered. The opinions about the infant's future "quality of life" are not to bear on whether or not a treatment is judged to be medically indicated. Medically indicated treatment does not include the failure to provide treatment to a disabled infant if the treating physician's medical judgment identifies any of the following:

(a) The disabled infant is chronically and irreversibly comatose.

(b) The provision of the treatment is futile and will prolong dying.

(c) The provision of the treatment would not be effective in ameliorating or correcting all of the disabled infant's life threatening conditions.

(d) The provision of such treatment to the disabled infant is inhumane.

(B) The PCSA is to initiate the screened in medical neglect report by completing face to face or telephone contact with the health care facility's administrator or designee, within one hour from the time the referral was screened in and obtain the following information from the health care facility's administrator, or designee, regarding the current condition of the disabled infant, including but not limited to:

(1) The physical location of the disabled infant within the hospital, e.g., emergency room, neonatal intensive care unit, labor and delivery, sixth floor, etc.

(2) The disabled infant's age.

(3) The disabled infant's diagnoses or diagnosis and the prognosis.

(4) The medical condition requiring treatment.

(5) The immediate actions necessary to keep the disabled infant alive.

(6) Whether or not the withholding of life-sustaining treatment has been recommended.

(7) Whether or not the withholding of life-sustaining treatment has been implemented.

(8) Whether or not the parent, guardian, or custodian has refused to consent to life-sustaining treatment.

(9) Whether or not the hospital chose to sustain life-suporting care for the immediate future, preceding four days from the date and time the PCSA initiated the report, while assessment/investigation is underway.

(10) Whether or not sustenance (food or water, whether given orally or through an intravenous or nasogastric tube) or medication is being denied.

(D) The PCSA is to involve a qualified medical consultant within twenty-four hours from the time the referral was screened in to assist in the evaluation of the disabled infant's medical information, including medical records, obtained during the preliminary medical assessment.

(E) The PCSA is to attempt a face-to-face contact in order to conduct an interview with the alleged disabled infant's parent, guardian, or custodian no later than twenty-four hours from the time the referral was screened in. The purpose of the interview is to:

(1) Inform the parent, guardian, or custodian that a neglect report alleging the withholding of medically indicated treatment to a disabled infant has been accepted by the PCSA.

(2) Inform the parent guardian, or custodian of the purpose of the assessment/investigation.

(3) Seek parental consent for medically indicated treatment, if applicable.

(4) Confirm parent, guardian, or custodian's name and identifying information.

(5) Determine if parent, guardian, or custodian agrees on the course of action to be followed.

(6) Determine if the parent, guardian, or custodian was presented with all treatment options by the medical treatment team.

(7) Determine if the prognosis of the disabled infant was presented to the parent, guardian, or custodian.

(8) Assess if the parent, guardian, or custodian understands the information provided by the medical treatment team.

(9) Determine the nature and degree of parental involvement in the decision to deny treatment or sustenance to the alleged child victim, if applicable.

(10) Assess if appropriate counseling services have been made available to the parent, guardian, or custodian.

(11) Refer the parent, guardian, or custodian to appropriate counseling services, if applicable.

(12) Determine if the parent, guardian, or custodian was provided information to facilitate access to available services for disabled persons and family members.

(13) Assist the parent, guardian, or custodian in accessing needed services, if applicable.

(14) Determine if the parent, guardian, or custodian participated in the hospital review process.

(15) Determine if the parent, guardian, or custodian was provided with or has access to the results of the hospital review process.

(F) If the attempted face-to-face contact with the disabled infant's parent, guardian, or custodian as specified in paragraph (E) of this rule is unsuccessful, the PCSA shall is to at minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(1) Contacts are made;

(2) The parent, guardian, or custodian refuses contact and the PCSA files a complaint in juvenile court; or

(3) The PCSA needs to make a report a dispostion pursuant to paragraph (O)(2) of this rule.

(G) The PCSA is to complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code within four working days from the date the report was screened in.

(H) If the PCSA determines the child to be in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101: 2-37-02 of the Administrative Code.

(I) The PCSA is to pursue any legal remedies, including the initiation of legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child if such care or treatment is necessary to prevent or remedy serious harm to the child or to prevent the withholding of medically indicated treatment from a disabled infant with a life-threatening condition.

(J) The PCSA is to, in cooperation with the medical consultant, conduct and document interviews with the attending physician and health care facility staff. The purpose of the interviews is to:

(1) Determine the measures that the health care facility staff attending to the disabled infant have taken to provide medically indicated treatment to the disabled infant.

(2) Determine whether or not the disabled infant's attending physician, with the consent of the disabled infant's parent, guardian or custodian will sustain needed life-supporting care for twenty-four hours while the PCSA continues the assessment/investigation.

(3) Determine if any of the following conditions of and risk to the disabled infant were concluded by the attending physician's and/or staff's assessment:

(a) The disabled infant is chronically and irreversibly comatose.

(b) The provision of medical treatment will merely prolong dying, not be effective in ameliorating or correcting all of the disabled infant's life-threatening conditions, or otherwise be futile in terms of the survival of the disabled infant.

(c) The provision of medical treatment will be virtually futile in terms of the survival of the disabled infant and the treatment itself under such circumstances will be inhumane.

(4) Verify if plans have been made to convene a meeting of the health care facility review committee or to adopt the recommendations of the appropriate health care facility review committee, and the meeting has been held.

(5) Confirm the disabled infant's age.

(6) Confirm the disabled infant's diagnoses or diagnosis.

(7) Determine if the disabled infant's life is endangered.

(8) Determine if the withholding of life-sustaining treatment is recommended.

(9) Determine if the withholding of life-sustaining treatment is implemented.

(a) Identify the treatment necessary for the disabled infant's life or health being denied.

(b) Determine if sustenance (food or water, whether given orally or through an intravenous or nasogastric tube) or medication is being denied.

(10) Determine if the parent, guardian, or custodian refused to consent to life-sustaining treatment.

(11) Determine if the hospital will sustain life-supporting care for the immediate future while the PCSA's assessment/investigation is conducted, if applicable.

(12) Identify the treatment or sustenance being provided to the disabled infant, if applicable.

(13) Determine if there is consensus regarding the medical diagnoses among the treatment team.

(14) Document and identify if there were/have been any differing opinions among the treatment team.

(15) Document the names of all medical consultants involved including their qualifications/credentials.

(16) Determine which members of the treatment team discussed the case with the parent, guardian, or custodian.

(17) Determine if a hospital review process occurred.

(a) If applicable, document the review process.

(b) If applicable, document the recommendations.

(K) The PCSA is to conduct and document all face-to-face interviews with the alleged perpetrator, unless law enforcement or the county prosecutor or medical consultant will interview the alleged perpetrator pursuant to the procedures delineated in the county child abuse and neglect memorandum of understanding, in order to assess their knowledge of the allegation.

(L) The PCSA is to advise the alleged perpetrator of the allegations made against them at the time of the initial contact. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment/investigation process.

(M) The PCSA is to conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the assessment/investigation to obtain relevant information regarding the safety of and risk to the child. The PCSA is to exercise discretion in the selection of collateral sources to protect the privacy of the principals of the report.

(N) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a principal of the report has any factor that causes a barrier in communication.

(O) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to:

(1) At minimum, complete face-to-face contact and interview the family of the alleged disabled infant residing in the home. Family includes all individuals pursuant to rule 5101:2-37-03 of the Administrative Code.

(2) Complete the report disposition.

(3) Arrive at a final case decision by completing either:

(a) The "Family Assessment" pursuant to rule 5101:2-37-03 of the Administrative Code; or

(b) The "Ongoing Case Assessment/Investigation" if the neglect report involves a principal of the report who is currently receiving ongoing protective services from the PCSA.

(P) The PCSA may not waive the completion of the report disposition.

(Q) No later than five business days of completion of the report disposition, the PCSA is to do all of the following:

(1) Notify the alleged perpetrator in writing of the report disposition; the right to appeal the disposition; and the PCSA's appeal process including time frames and the method by which the alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20 of the Administrative Code.

(2) Notify the disabled infant's parent(s), guardian(s), or custodian(s) of the report disposition and final case decision.

(R) No later than three working days from the date of the completion of the report disposition, the PCSA is to provide written notification of the report disposition to the following entities, as applicable, in accordance with rules 5101:2-33-21 and 5101:2-36-12 of the Administrative Code.

(1) Administrator, director, or other chief administrator of the health care facility.

(2) The owner or governing board of the health care facility.

(3) The appropriate licensing and supervising authorities of the health care facility.

(S) The PCSA is to notify law enforcement if it is determined that the attending physician failed to provide medically indicated treatment or failed to inform the disabled infant's parent, guardian, or custodian of the available treatment options.

(T) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation are to be maintained in the case record. If any information gathering activity cannot be completed, justification and the approval of the director or the designee are to be documented in Ohio's CCWIS in accordance with rule 5101:2-36-11 of the Administrative Code.

Last updated January 30, 2026 at 4:11 PM

History

Effective: September 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-36-06

(A) A public children services agency (PCSA) is to conduct a deserted child/safe haven assessment/investigation if all of the following apply to the child subject of the report:

(1) The child is fewer than thirty-one days old.

(2) The child was voluntarily left by the child's parent in the care of an emergency medical service worker, peace officer, peace officer support employee, or hospital employee.

(3) The child was left and the child's parent(s) did not express an intention to return for the child.

(B) The PCSA is to initiate the screened in deserted child/safe haven report by:

(1) Attempting face-to-face contact with the child subject of the report within twenty-four hours from the time the referral was screened in; or

(2) Obtaining information regarding the child subject of the report's current condition and safety via face-to-face, virtual, or telephone contact with the hospital staff member providing care for the infant.

(1) The date and time the child subject of the report was left with the individual.

(2) All information regarding the child left by the parent(s).

(3) The JFS 01672 "Voluntary Medical History For Safe Havens" form, if completed by the child's parent(s).

(4) All clothing and articles left with the child.

(D) The PCSA is to accept emergency temporary custody of the child subject of the report.

(E) If the child subject of the report is not left at a hospital, the PCSA is to transport, or arrange for transportation of the child to the nearest appropriate hospital emergency department within twenty-four hours.

(F) The PCSA is to obtain the medical examination report from the physician.

(G) The PCSA is to screen in a report of child abuse and/or neglect if any of the following occur during the assessment/investigation of a deserted child/safe haven child:

(1) The child's condition reasonably indicates abuse and/or neglect, including the following:

(a) An infant identified as a substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code.

(b) An infant diagnosed with a fetal alcohol spectrum disorder.

(2) The PCSA determines that someone other than the parent delivered the child subject of the report to the care of an emergency medical service worker, peace officer, peace officer support employee, or hospital employee.

(3) The child subject of the report is determined to be more than thirty days old at the time the child was delivered to the care of an emergency medical service worker, peace officer, peace officer support employee, or hospital employee.

(H) The PCSA is to place the child subject of the report in substitute care pursuant to rule 5101:2-42-04 of the Administrative Code and provide a copy of the medical examination report to the caregiver.

(I) The PCSA is to contact the following agencies and determine if a child matching the description of the child subject of the report has been reported missing:

(1) Local law enforcement.

(2) Ohio's missing children's information clearinghouse (https://www.ohioattorneygeneral.gov/missingkids).

(3) National center for missing and exploited children (https://www.missingkids.org).

(J) The PCSA is to complete activities to obtain a birth certificate and a social security card for the child subject of the report.

(K) The PCSA is to complete the deserted child/safe haven assessment/investigation no later than sixty days from the date the referral was screened in.

(L) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation are to be maintained in the case record.

Last updated January 30, 2026 at 4:11 PM

History

Effective: September 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-1-70 Ohio's comprehensive child welfare information system (CCWIS).

(A) What is the Ohio's comprehensive child welfare information system (CCWIS)?

The comprehensive child welfare information system is a federally recognized case management information system that the state of Ohio has developed to support its child welfare program needs. Ohio's CCWIS is designed to support caseworkers' needs to organize and record quality case information about the children and families receiving child welfare services. Ohio's CCWIS consists of several automated functions which are approved by the federal children's bureau and include, but are not limited to:

(1) Ohio's statewide automated child welfare information system (Ohio's SACWIS).

(2) Ohio residential treatment information system (RTIS).

(3) Child and adult protective services learning management system (CAPS LMS).

(4) Taking early action matters (TEAM) Ohio.

(5) Taking early action matters (TEAM) Ohio.

(B) What are the federal requirements for Ohio's CCWIS?

The Ohio's CCWIS is to be established and maintained in accordance with the requirements of 42 U.S.C. 674 (a)(3)(C) (2008) and 45 C.F.R. parts 1355 (2012), 1356 (2012) and 1357 (2001). Access to and use of data in Ohio's CCWIS is to be limited to the extent necessary to carry out the child welfare program under Title IV-B of the Social Security Act of 1965, as amended, 120 Stat. 1244 (2006), 42 U.S.C. 620-629m, the Child Abuse Prevention and Treatment Act, as amended, 110 Stat. 3064 (1996), 42 U.S.C. 5101- 5119c, Title IV-E of the Social Security Act of 1965, as amended, 110 Stat. 2166 (1996), 42 U.S.C. 670-679c, and Title XX of the Social Security Act of 1965 as amended 124 Stat. 803 (2010), 42 U.S.C. 1397-1397e.

Staff, contractors, or interns of any of the following entities may be granted access:

(1) Public children services agencies (PCSA);

(2) Private child placing agencies (PCPAs);

(3) Private non-custodial agencies (PNAs);

(4) Any juvenile court, that is a subgrantee with the department of children and youth (DCY) for the purpose of Title IV-E financial reimbursement;

(5) Qualified residential treatment programs (QRTP); and

(6) Local public entities (LPE), as defined in rule 5180:2-5-02 of the Administrative Code.

(D) What does access to Ohio's CCWIS mean?

(1) The term "access to Ohio's CCWIS," and any variation thereof, as used in this rule and in Chapter 5180:2-33 of the Administrative Code, is not synonymous with "disseminate all information" as used in rule 5180:2-33-21 of the Administrative Code. Ohio's CCWIS access is to only be granted if expressly permitted by state law or this rule.

(2) Entities listed in paragraph (C) of this rule are not granted access to every automated function within Ohio's CCWIS; access is granted only to those automated functions necessary to support the entity's business needs.

(E) How is access to Ohio SACWIS, an automated function within Ohio's CCWIS, granted?

Staff, contractors, or interns having access to Ohio's SACWIS is to be limited to those persons who have been trained in the confidentiality requirements of Ohio's SACWIS, who are informed of all penalties, who have been trained in security procedures, and who have requested access through the customer care center (CCC) website.

(F) Is data in Ohio's SACWIS confidential?

The data in Ohio's SACWIS is confidential and access to any child welfare information is pursuant to this rule or section 5180.402 of the Revised Code. The release of any child welfare information is pursuant to rule 5180:2-33-21 of the Administrative Code and sections 5180.40 to 5180.404 of the Revised Code.

(G) What are the responsibilities of PCSAs, PCPAs, PNAs, LPEs, and courts regarding data entry in Ohio's SACWIS?

PCSAs, PCPAs, PNAs, LPEs, and courts are to enter and update information in Ohio's SACWIS each workday or as information becomes available, in accordance with the rule.

(H) What information is the PCSA required to enter into Ohio's CCWIS?

Each PCSA is to enter children services data into Ohio's SACWIS including, but not limited to:

(1) Information listed in rule 5180:3-1-23 of the Administrative Code.

(2) Intake and assessment/investigation including assessment tools.

(3) Case notes and dictation concerning the activities and statements of persons involved in the case, describing the activity or statement, naming the persons involved, and stating the date of contact with any case member or activities associated with the case. Case notes or dictation are to be prepared by or under the supervision of the staff member with the most direct knowledge of the contact with any case member. Opinions of PCSA staff and others included in case notes or dictation are to be identified as such.

(4) Case plan, case review(s), court information and services, including documentation of verbal, written, or electronic referrals and the provision of services on behalf of children and families served by the PCSA.

(5) A summary of reports received from service providers, including oral, written or electronic summaries, and the dates when services were received.

(6) Custody and placement information.

(7) Adoption information including recruitment activities, pre-adoptive staffing, or matching conference information.

(8) Provider record including homestudies, recruitment plans and events.

(9) Child welfare related agency administrative and training activities.

(10) Financial eligibility and re-determinations, record reimbursement and actual cost information, and financial information to support accounts payable to counties and providers.

(11) Data as required by Section 479 of the Social Security Act of 1967 (42 U.S.C. 679) (2014); 45 C.F.R. parts 1355 (2012), 1356 (2012), and 1357 (2001) for the adoption and foster care analysis and reporting system (AFCARS); national child abuse and neglect data system (NCANDS); child and family services reviews (CFSR); child protection and oversight evaluation (CPOE) system; national youth transition database (NYTD) and Multiethnic Placement Act, Oct. 20, 1994, Pub. L. 103-382, as amended by Section 1808 of the Small Business Job Protection Act of 1996, Aug. 20, 1996, Pub. L. 104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI).

(12) Any other data identified by DCY as necessary to reflect current case activities including, but not limited to, case, services, person, placement resource or licensing information, financial information or agency status.

(I) What are the requirements and consequences for a PCSA regarding entry of child welfare information listed in paragraph (H) of this rule into Ohio's SACWIS?

A PCSA is required to enter applicable child welfare information directly into Ohio's CCWIS as mandated by this rule and/or by federal or state statutes, regulations, or rules. Failure to do so may result in sanctions under section 5101.24 of the Revised Code or the withholding of state and/or federal funding.

(J) What are the PCPAs and PNAs required to enter into Ohio's SACWIS?

The PCPAs and PNAs granting any PCPA or PNA personnel access to Ohio's SACWIS are to enter the following information:

(1) Information necessary for recommending licensure of foster homes and approval of adoptive homes.

(2) Information necessary for submitting training reimbursement requests.

(3) Provider record information including homestudies and recruitment plans.

(4) Any other data identified by the department as necessary to reflect current provider activities including, but not limited to, services, person, licensing information and financial information.

(5) Any visits completed in accordance with rules 5180:2-5-36, 5180:2-5-37 and 5180:3- 13-65 of the Administrative Code.

(K) Who is required to enter information into the residential treatment information system (RTIS) of Ohio's CCWIS, and what information must be entered?

Public children services agencies (PCSAs), private child placing agencies (PCPAs), private noncustodial agencies (PNAs), and local public entities (LPEs) operating a qualified residential treatment program (QRTP) facility are required to enter specific information for all youth placed in the facility into the residential treatment information system (RTIS) of Ohio's CCWIS, as mandated by rule 5180:2-9-42 of the Administrative Code:

(1) Discharge planning activities.

(2) Aftercare support.

(L) What are the responsibilities of a juvenile court that is a subgrantee with DCY for Title IV-E financial reimbursement regarding Ohio's SACWIS access and data entry?

A juvenile court that is a subgrantee with DCY for the purposes of Title IV-E financial reimbursement is required to enter information into Ohio's SACWIS concerning the provision of services to any child at risk of abuse or neglect for whom Title IV-E reimbursement is being requested. Additionally, if the juvenile court grants its personnel access to Ohio's SACWIS for Title IV-E purposes, they are to adhere to paragraphs (B) and (D) to (H) of this rule.

(M) What if a PCSA is implementing a program that requires staff, contractor, intern, or other agency personnel to have access to Ohio's SACWIS?

If a PCSA is implementing a program that requires staff, contractors, interns or other personnel access to Ohio's SACWIS to review and record information related to any case member eligible for the program services. All staff, contractors, interns, or other agency personnel are to adhere to paragraphs (B) and (D) to (H) of this rule.

(N) How should PCSAs, PCPAs, PNAs, LPEs, and courts ensure the secure use of Ohio's CCWIS?

PCSAs, PCPAs, PNAs, LPEs, and courts are responsible for monitoring access and use of Ohio's CCWIS to prevent and identify unauthorized use.

(O) What level of access to Ohio's CCWIS is the youth and family ombudsmen office authorized to have?

Pursuant to section 5101.899 of the Revised Code, the youth and family ombudsmen office is to have access to only the records of the department of children and youth that are necessary for the administration of sections 5101.89 to 5101.899 of the Revised Code in the performance of its official duties, including records maintained in Ohio's SACWIS, a function within Ohio's CCWIS, under section 5180.40 of the Revised Code.

(P) How to avoid conflicts of interest or the appearance of a conflicts of interest?

To avoid a conflict of interest, or the appearance of a conflict of interest, any PCSA, PCPA, PNA, LPE or court employee or contractor who has been granted access to Ohio's CCWIS is not to enter or access any information for any of the following persons:

(1) Themselves.

(2) Any person who is a relative of the employee or contractor. A relative is defined as:

(a) Individuals related by blood or adoption:

(i) Parents, grandparents, including grandparents with the prefix "great," "great-great," "grand," or "great-grand"; Parents, grandparents, including grandparents with the prefix "great," "great-great," "grand," or "great-grand";

(ii) Siblings;

(iii) Aunts, uncles, nephews, and nieces, including such relative with the prefix "great," "great-great," or "great-grand"; or aunts, uncles, nephews, and nieces, including such relative with the prefix "great," "great-great," or "great-grand"; or

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings;

(3) Any individual who has any supervisory responsibility for the employee or contractor.

(4) Any individual with whom the employee or contractor has a personal, social, or financial relationship that could create a conflict of interest or the appearance of a conflict of interest, including but not limited to friends, neighbors, acquaintances, or members of the employee's household.

(Q) Is access to Ohio's CCWIS permitted for conducting research?

No, direct access to Ohio's CCWIS or any other state of Ohio database is not to be requested by or on behalf of, nor approved for or granted to, any researcher conducting research in accordance with rule 5180:2-33-21 of the Administrative Code.

(R) What if a PCSA, PCPA, PNA, LPE or court is found noncompliant with this rule by DCY?

A PCSA, PCPA, PNA, LPE or court which is found by DCY to have a finding of noncompliance with paragraphs (B) and (D) to (H) of this rule, or the agreements outlined on the CCC website is to comply with a corrective action plan as outlined in rule 5180:2- 5-06 of the Administrative Code.

(S) What are the consequences for public children services agency (PCSA) staff who engage in unauthorized access to, disclosure of, or use of data in Ohio's CCWIS?

In addition to the criminal penalties outlined in section 5180.99 of the Revised Code, PCSA staff may face administrative penalties, up to and including dismissal from employment, for unauthorized access to, disclosure of, or use of data in Ohio's CCWIS.

Last updated September 15, 2026 at 9:18 AM

History

Effective: September 15, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-02

(A) An applicant seeking to operate a private child placing agency (PCPA) or a private noncustodial agency (PNA) with the purpose of performing any of the functions specified in rule 5101:2-5-03 of the Administrative Code is to electronically submit a complete and correct application using the Ohio comprehensive child welfare information system (Ohio CCWIS).

(B) A local public entity (LPE) that is not a public children services agency (PCSA) that operates one or more of the functions specified in rule 5101:2-5-03 of the Administrative Code is to be considered as though the local public entity is a PNA. Unless a specific exception is made, references throughout Chapters 5101:2-5, 5101:2-7 and 5101:2-9 of the Administrative Code to a PNA or to an agency is to apply to a LPE that is not a PCSA. "Local public entity" (LPE) as used in this chapter of the Administrative Code means a county, including county courts, a municipal corporation, a combination of counties, a combination of municipal corporations, or a combination of one or more counties and one or more municipal corporations and that is not a PCSA.

(D) Any PCSA which intends to operate a residential facility is to electronically submit a complete and correct application using Ohio CCWIS.

(E) Applicable rules for agencies.

(1) Any PCSA, PCPA or PNA certified to perform functions listed in rule 5101:2-5-03 of the Administrative Code is to comply with all provisions of the Administrative Code applicable to the agency's performance of functions listed on its certificate. For agency noncompliance with applicable administrative rules, the Ohio department of children and youth (DCY) may require the agency to submit and comply with a corrective action plan or may deny initial certification, or in the case of a certified agency, revoke the PCSA's, PCPA's or PNA's certificate pursuant to Chapter 119. of the Revised Code.

(2) Any PCSA performing any function listed in rule 5101:2-5-03 of the Administrative Code not requiring certification is to comply with all applicable provisions of the Administrative Code. For PCSA noncompliance with applicable administrative rules when performing any function not requiring certification, DCY may take any action permitted under division (C) of section 5101.24 of the Revised Code.

(F) If an agency user has been inactive in Ohio CCWIS for one hundred twenty days, the agency is to re-register to enter the system.

(G) If an agency application is incomplete or inactive in Ohio CCWIS for at least twelve months from the date of submission, the application may be invalidated. If the application is invalidated, the agency is to re-apply.

(H) An application may be denied for failure to comply with any requirement of this rule or for any reason specified in rule 5101:2-5-07 of the Administrative Code.

(I) An agency is not to operate until a certificate is issued.

(J) An application to amend the certificate is needed for the following:

(1) If an agency certified to operate a function listed in rule 5101:2-5-03 of the Administrative Code seeks to operate another function that is required to be certified by rule 5101:2-5-03 of the Administrative Code. Not less than one hundred-twenty days prior to the anticipated operation of the new function, the agency is to electronically submit a complete and correct amended application requesting certification of the additional function. All additional information necessary for certification of the new function is to be submitted in Ohio CCWIS.

(2) If an agency certified to operate one or more functions listed in rule 5101:2-5-03 of the Administrative Code seeks to relocate a residential facility or operate a new residential facility, except in an emergency situation where residential facility becomes uninhabitable for any reason, it is to notify DCY not less than sixty days prior to the intended relocation or operation by submitting an amended application requesting certification of the residential facilities at the new location.

(3) If a residential facility has become uninhabitable, due to an emergency situation, the agency is to:

(a) Immediately notify any agency with children in placement and DCY of the emergency.

(b) Relocate the facility and any children in placement.

(4) If an agency certified to operate one or more functions listed in rule 5101:2-5-03 of the Administrative Code seeks to relocate an office or add an office it is to submit a change in Ohio CCWIS which lists the office not less than thirty days prior to the anticipated operation of the new office. In emergency situations the agency is to follow the procedures in their agency policy developed pursuant to rule 5101:2-5-13.1 of the Administrative Code.

(5) If an agency has any of the following changes, the agency is to submit an amended application to DCY not less than ten days prior to the changes:

(a) When an agency ceases to operate a certified function.

(b) When an agency ceases to operate a branch office.

(6) If an agency certified to operate a private, nonprofit therapeutic wilderness camp, children's residential center or a group home has any of the following changes, the agency is to request and receive approval prior to implementing a change by submitting an application and any supporting documentation indicating the requested change:

(a) Sex of the children served.

(b) Age range of the children served.

(7) If an agency has a change to any of the following positions of its governing body, the agency is to submit a change in Ohio CCWIS within ten days of the change:

(a) The administrator.

(b) The chairperson.

(d) The owner.

(8) If an agency changes the agency name, the agency is to submit a change in Ohio CCWIS to notify DCY not later than thirty days prior to implementing a name change. The agency is to submit the following information along with the change in Ohio CCWIS:

(a) A copy of any amended articles of incorporation authorizing the name change.

(b) A copy of the minutes of the governing body meeting authorizing the name change.

Last updated July 14, 2026 at 1:40 PM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-21

(A) Each referral, assessment/investigation and provision of services related to reports of child abuse, neglect, dependency, or family in need of services (FINS) is confidential. Information contained in the statewide automated child welfare information system (SACWIS) is confidential pursuant to section 5101.131 of the Revised Code. This information may be shared only when dissemination is authorized by this rule.

(B) If any information is disseminated, the public children services agency (PCSA) shall notify the receiver of the information that all of the following apply:

(1) The information is confidential and is not subject to disclosure pursuant to section 149.43 or 1347.08 of the Revised Code by the agency to whom the information was disclosed.

(2) Unauthorized dissemination of the contents of the information is in violation of section 2151.421 of the Revised Code.

(3) Anyone who permits or encourages unauthorized dissemination of the contents of the information violates section 2151.99 of the Revised Code and such a violation is a misdemeanor of the fourth degree.

(C) The PCSA shall document in SACWIS that the dissemination of information occurred. Documentation shall include a summary of all of the following:

(1) The specific information disseminated.

(2) The date the information was disseminated.

(3) The agency, organization, or individual to whom the information was disseminated.

(4) The reason for the dissemination of information.

(5) If required, written authorization to disseminate information pursuant to paragraphs (H) and (R) of this rule.

(D) When any person commits, causes, permits, or encourages unauthorized dissemination of information, the PCSA shall give written notification of such unauthorized dissemination to the county prosecutor or city director of law and the Ohio department of job and family services (ODJFS). A copy of the written notification shall be maintained in the case record.

(E) The PCSA shall not release the identities of the referent/reporter, and any person providing information during the course of an assessment/investigation shall remain confidential. The identities of these individuals shall not be released or affirmed by the PCSA to any party without the written consent of the individual(s) involved, except to those individuals outlined in paragraph (F) of this rule.

(F) The PCSA shall release child welfare information to the following persons or entities:

(1) ODJFS staff with supervisory responsibility in the administration of Ohio's child welfare program.

(2) Law enforcement officials who are investigating a report of child abuse or neglect or that a person violated section 2921.14 of the Revised Code by knowingly making or causing another person to make a false report.

(3) The county prosecutor who is investigating a report of child abuse or neglect or that a person violated section 2921.14 of the Revised Code by knowingly making or causing another person to make a false report.

(4) Any PCSA or children services agency (CSA) assessing/investigating a child abuse or neglect report involving a principal of the case.

(5) The court, for the purpose of the issuance of a subpoena to the referent/reporter.

(G) The PCSA shall promptly disseminate all information determined to be relevant, except as specified in paragraph (E) of this rule, to any federal, state, or local governmental entity, or any agent of such entity, with a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect including but not limited to:

(1) Law enforcement officials, as set forth in the child abuse and neglect memorandum of understanding, to investigate a PCSA report of child abuse or neglect, a report of a missing child, or a report that a person has violated section 2921.14 of the Revised Code, by knowingly making or causing another person to make a false report of child abuse or neglect.

(2) The county prosecutor, to provide legal advice or initiate legal action on behalf of an alleged child victim; and to prosecute any person who has violated section 2921.14 of the Revised Code, by knowingly making or causing another person to make a false report of child abuse or neglect.

(3) A guardian ad litem or court appointed special advocate pursuant to section 2151.281 of the Revised Code and the Ohio rules of superintendence rule 48.

(4) Any PCSA or CSA as defined in rule 5101:2-1-01 of the Administrative Code, which is currently assessing/investigating a report of child abuse or neglect involving a principal of the case or providing services to a principal of the case. In an emergency situation, the requested information may be released by telephone to a verified representative of a CSA. The PCSA releasing information will verify the identity, job title and authority/job duties of the CSA representative prior to releasing any information. All of the following information shall be released:

(a) The name and role of each principal of the case registered in any prior report.

(b) The date, allegation and disposition of each report or allegation.

(c) The name and telephone number of the county PCSA that conducted an assessment/investigation or provided services for each report.

(5) A coroner, to assist in the evaluation of a child's death due to alleged child abuse and/or neglect.

(6) Child abuse and neglect multidisciplinary team members, for consultation regarding investigative findings or the development and monitoring of a case plan.

(7) Public service providers working with a parent, guardian, custodian or caretaker or children of the family about whom the information is being provided, including but not limited to:

(a) Probation officers and caseworkers employed by the court, adult parole authority, rehabilitation and corrections, or the department of youth services.

(b) Employees of the local county boards of developmental disabilities and employees of the local county boards of alcohol drug addiction and mental health.

(8) A school administrator or designee for any child in the custody of the PCSA pursuant to rule 5101:2-42-90 of the Administrative Code and the Every Student Succeeds Act of 2015, 20 U.S.C. 6311(g)(1)(E).

(9) The licensing and supervising authorities of a public or non-public out-of-home care setting in which child abuse or neglect is alleged to have occurred.

(10) The approving authority of a kinship care setting in which child abuse or neglect is alleged to have occurred.

(11) Administrators of public out-of-home care settings in which child abuse or neglect is alleged to have occurred including but not limited to:

(a) Psychiatric hospitals managed by the Ohio department of mental health.

(b) Institutions managed by county courts for unruly or delinquent children.

(d) Institutions or programs managed by the Ohio department of developmental disabilities or local boards of developmental disabilities.

(12) Child abuse citizen review boards upon request.

(13) A child fatality review board recognized by the Ohio department of health, upon request except when a county prosecutor intends to prosecute or a judge prohibits release according to procedures contained in sections 5153.171, 5153.172 and 5153.173 of the Revised Code.

(14) A grand jury or court, as ordered.

(15) A children's advocacy center, as set forth in the PCSA child abuse and neglect memorandum of understanding, to comply with the protocols and procedures for receiving referrals and conducting investigations, to coordinate activities, and to provide services for reports alleging sexual abuse or other types of abuse.

(16) A CDJFS, for child care licensure pursuant to section 5153.175 of the Revised Code and for joint planning and sharing of information pursuant to rule 5101:2-33-28 of the Administrative Code.

(H) Except as specified in paragraph (E) of this rule or if disclosure would jeopardize a criminal investigation or proceeding, the PCSA shall promptly disseminate all information it determines to be relevant to an individual or agency, with written authorization from the PCSA director or designee, when it is believed to be in the best interest of any of the following:

(1) An alleged child victim, a child subject of the report, the family, or the caretaker.

(2) Any child residing within, or participating in an activity conducted by an out-of-home care setting when necessary to protect children in that setting.

(3) A child who is an alleged perpetrator.

(I) Upon receiving a request for disclosure to the public regarding the findings or information about a case of child abuse or neglect which has resulted in either a child fatality or a near fatality that, as certified by a physician, placed the child in serious or critical condition, the PCSA shall prohibit disclosure of such information if it is determined by the PCSA that any of the following would occur:

(1) Harm to the child or the child's family.

(2) Jeopardize a criminal investigation or proceeding.

(3) Interfere with the protection of those who report child abuse or neglect.

(J) If the PCSA has determined to disclose to the public information pursuant to paragraph (I) of this rule, the PCSA shall provide all of the following:

(1) The cause of and circumstances regarding the fatality or near fatality.

(2) The age and gender of the child.

(3) Information describing and the findings of any previous reports of child abuse or neglect assessment/investigations that are pertinent to the child abuse or neglect that led to the fatality or near fatality.

(4) Any services provided by the PCSA on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or near fatality.

(5) Any actions, including but not limited to court filings, removals or implementation of safety plans on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or near fatality.

(K) Upon request, the PCSA shall promptly disseminate to a mandated reporter, who makes a report of child abuse or neglect, information pursuant to section 2151.421 of the Revised Code.

(1) Whether the PCSA has initiated an investigation.

(2) Whether the PCSA is continuing to investigate.

(3) Whether the PCSA is otherwise involved with the child who is the subject of the report.

(4) The general status of the health and safety of the child who is the subject of the report.

(5) Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court.

(L) The PCSA shall promptly disseminate all information it determines to be relevant to the principals of the case, in accordance with Chapter 5101:2-36 of the Administrative Code, to inform them of the following:

(1) Each allegation contained in the report.

(2) All report dispositions resulting from the assessment/investigation.

(3) All case decisions resulting from the alternative response assessment.

(M) The PCSA shall promptly disseminate all information determined to be relevant, except as specified in paragraph (E) of this rule, to all of the following persons or entities:

(1) The non-custodial parent of the alleged child victim or child subject of the report, and children being provided services by the PCSA when the PCSA believes such sharing would be in the best interest of the child.

(2) A physician, for the diagnostic assessment of a child where there is reason to believe the child may be a victim of abuse or neglect.

(3) A private service provider, for diagnostic evaluations of and service provision to the alleged child victim or child subject of the report and his family.

(4) The administrator of a non-public out-of-home care setting in which child abuse or neglect is alleged to have occurred.

(5) A foster, relative and non-relative caregiver, as required by rule 5101:2-42-90 of the Administrative Code.

(6) The superintendent of public instruction, pursuant to section 5153.176 of the Revised Code, when the report involves a person who holds a license issued by the state board of education where the agency has determined that child abuse or neglect occurred and that abuse or neglect is related to the person's duties and responsibilities under the license.

(N) The PCSA shall utilize information outlined in paragraph (O) of this rule obtained from the alleged perpetrator search within SACWIS for the purpose of a background check for any of the following:

(1) Foster care licensure, pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.

(2) An adoption homestudy, pursuant to Chapter 5101:2-48 of the Administrative Code.

(3) A relative or non-relative caregiver approval for placement, pursuant to rule 5101:2-42-18 of the Administrative Code.

(O) The PCSA shall consider reports that meet the following criteria when the information is being used for a background check in accordance with paragraphs (N) and (G) (16) of this rule:

(1) Substantiated reports where the subject of the search was the alleged perpetrator.

(2) Indicated reports where the subject of the search was the alleged perpetrator.

(P) If releasing information pursuant to paragraphs (N) and (G) (16) of this rule, the PCSA shall not release any information pertaining to an unsubstantiated report or an alternative response report.

(Q) The PCSA shall refer any individual who inquires whether his or her name has been placed or remains within SACWIS as the alleged perpetrator of child abuse and/or neglect to ODJFS. An individual may submit a request to ODJFS. The request must contain the following:

(1) The individual's full name, including maiden and any other names utilized; address; date of birth and social security number.

(2) A copy of two of the following forms of identification, with at least one containing the individual's social security number:

(a) Social security card.

(b) Driver license.

(d) Birth certificate.

(e) Passport or travel visa.

(R) At his or her sole discretion, a PCSA director or designee may disseminate information to a researcher in the area of child welfare, if the information is determined to be relevant to the researcher, and the results of the research will be beneficial to the county PCSA in administering child welfare programs/services. Authorization of the dissemation shall be documented. No direct access to SACWIS or any other state of Ohio database shall be requested by or on behalf of, nor approved for or granted to, any researcher pursuant to rule 5101:2-33-70 of the Administrative Code. The PCSA shall disclose only the minimum information needed by the researcher to perform the study, and, prior to disseminating information to any researcher, the PCSA shall require the researcher to sign an agreement which addresses all of the following:

(1) The researcher shall not disseminate confidential information containing names or data by which any individual or out-of-home care setting could be identified or deductively inferred.

(2) The PCSA shall review the research prior to its dissemination or publication to ensure that the research is void of names or data by which any individual or out-of-home care setting could be identified or deductively inferred.

(3) The researcher shall accept liability for unauthorized dissemination of information.

Last updated September 23, 2026 at 12:55 PM

History

Effective: August 1, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-36

(A) The recommending agency shall not allow a child who has special or exceptional needs as described in rule 5101:2-47-18 of the Administrative Code to be placed in a foster home unless the foster caregiver has been certified to operate a treatment foster home pursuant to this rule and rule 5101:2-7-16 of the Administrative Code. The recommending agency shall document in the homestudy how a treatment foster caregiver meets the requirements in paragraph (A) of rule 5101:2-7-16 of the Administrative Code.

(B) The agency shall assign a treatment team to each child with special or exceptional needs placed in a treatment foster home.

(1) An initial service plan shall be completed by the treatment team for each treatment foster child placed in a treatment foster home no later than thirty days after placement.

(2) The service plan shall be reviewed and revised, if necessary, at least once every ninety days thereafter.

(3) Service plan development and any revisions shall be completed by the treatment team leader with approval of the treatment team leader's supervisor who shall be a member of the agency's professional treatment team staff.

(4) The agency shall notify the treatment team members in advance of each treatment team meeting and invite them to participate and document the invitations in the child's record.

(D) The service plan for a child with special or exceptional needs placed in a treatment foster home shall include:

(1) Treatment goals, clinical and/or rehabilitative services and other necessary interventions for the child and his or her family.

(2) The method by which the goals, rehabilitative services, and other necessary interventions will be attained and progress evaluated.

(3) The projected length of the child's stay in treatment foster care.

(4) The criteria for the child to meet for the child's reunification with his or her parent(s)/family or guardian or the projected post-treatment setting into which the child will be placed upon attainment of the treatment goals.

(5) Services to be provided or arranged for the child after discharge from the treatment foster care program.

(6) How the child's permanency plan for family reunification, adoption, independent living or a planned permanent living arrangement, as specified in the custodial agency's case plan, will be attained.

(E) The recommending agency shall develop an individual plan for respite care for each child with special or exceptional needs placed in treatment foster care. The use of respite care shall comply with the agency's respite care policy prepared pursuant to rule 5101:2-5-13 of the Administrative Code. A copy of the individual plan for respite care for each foster child with special or exceptional needs placed in a treatment foster home shall be included in the child's case record.

(F) The agency shall ensure that a member of the agency's professional staff shall be on-call for treatment foster caregivers and children with special or exceptional needs placed in a treatment foster home on a twenty-four hour, seven day a week basis.

(G) The agency shall ensure that treatment foster caregivers are provided with a manual containing all policies, procedures and other information related to the treatment foster care program no later than the date the individual becomes certified to operate a treatment foster home. The agency shall provide treatment foster caregivers copies of any revisions to the manual within thirty days of the revision.

(H) The agency shall coordinate with the agency holding custody of a child in treatment foster care or the child's parent or guardian for the provision of all rehabilitative services and other necessary interventions contained in the child's service plan and any revisions thereto. The agency shall also implement those aspects of the child's service plan that are its responsibility.

(I) The agency shall ensure that a discharge summary is prepared pursuant to rule 5101:2-5-17 of the Administrative Code for each special or exceptional needs child discharged from a treatment foster home. This paragraph does not apply to a child who is receiving respite services other than as a direct placement.

(J) At the time of placement and whenever additional information becomes available, the agency shall disclose to the treatment foster caregiver all information available to the agency about the child and his family pursuant to rule 5101:2-42-90 of the Administrative Code. Documentation of the receipt of this information shall be maintained in the treatment foster caregiver's record and in the child's record.

(K) The agency shall assure that all professional treatment staff required to be licensed shall be appropriately licensed. Professional treatment staff shall demonstrate to the employing or contracting agency that the training required for professional licensure shall be in topics appropriate to treatment foster care. Documentation of the training topics shall be maintained in the child's record.

(L) All professional treatment staff shall annually complete at least fifteen hours of training specific to treatment foster care issues and the mission of the agency.

(M) The agency shall ensure that all professional treatment staff are provided with a manual of all policies and procedures relevant to the treatment foster care program at the beginning of their employment with the agency. If the agency contracts with an individual that is a member of the professional treatment staff, the agency shall provide a manual of all policies and procedures relevant to the treatment foster care program to the individual at the onset of the contractual agreement.

(N) The agency shall not prohibit treatment foster caregivers from participation in any formal or informal support groups organized for the purpose of supporting foster caregivers.

(O) The agency shall ensure that any certified treatment foster caregiver complies with the following occupancy limits:

(1) With the exception of the provisions of paragraph (O)(1)(b) of this rule, a treatment foster caregiver may provide foster care for not more than five foster children, two of whom may have exceptional needs as described in rule 5101:2-47-18 of the Administrative Code requiring their placement in a treatment foster home.

(a) Any exception to the number of treatment foster children placed in the home shall be only with specific justification in accordance with the agency's policy for matching treatment foster children and caregivers developed pursuant to rule 5101:2-5-13 of the Administrative Code.

(b) The justification as required by paragraph (O)(1)(a) of this rule shall be documented in the child's case record and in the foster home record. The justification may include the following:

(i) The need to place a sibling group.

(ii) The abilities of a particular caregiver in relation to the exceptional needs of a particular child.

(c) If more than two treatment foster children are placed in a medically fragile foster home, all agencies holding custody of any other children placed in the home shall be notified by the agency recommending certification of the home within seventy-two hours of the additional exceptional needs child's placement.

(2) A treatment foster caregiver may provide care for up to five treatment foster children placed in the caregiver's home if either of the following apply:

(a) The caregiver is an appropriately trained and licensed professional. The following shall be considered an appropriately trained and licensed professional:

(i) A social worker.

(ii) A professional counselor.

(iii) A psychologist.

(iv) A teacher.

(v) A marriage and family therapist.

(vi) A person who has a minimum of a bachelor's degree in a child development or social services field.

(b) The caregiver has five years of child care experience and training related to serving children in foster care.

(3) Children placed in a foster home on or prior to March 31, 2005 shall not be moved to another placement solely to meet the requirements of paragraph (O)(1) or (O)(2) of this rule.

(P) The agency shall ensure that professional treatment staff shall have weekly consultation and face-to-face contact at least every two weeks with at least one member of each treatment foster caregiver couple or co-parents serving a child with special or exceptional needs. At least one of the face-to-face contacts each month shall take place in the treatment foster home.

(Q) The agency shall ensure that professional treatment staff shall have at least weekly contact and face-to-face meetings at least every two weeks with each special or exceptional needs child placed in a treatment foster home. At least one of the face-to-face contacts each month shall take place in the treatment foster home.

(R) The agency shall ensure that treatment foster caregivers keep a written record of the behavior and progress towards achieving treatment goals as identified in the child's service plan for each foster child placed in a treatment foster home. The written record shall be maintained current and kept in the manner prescribed by the treatment foster care program.

(S) The agency shall assure that treatment foster caregivers are aware of the potential side effects of any prescribed medication for children placed in their home.

Last updated January 23, 2026 at 4:40 PM

History

Effective: May 1, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-42

(A) A residential facility that is certified by the Ohio department of job and family services (ODJFS) and accepts children for placement is to comply with the requirements in this rule. Agencies whose initial certification date is on or after October 1, 2020 are to be compliant with this rule in order to become certified. Agencies certified prior to October 1, 2020 have until October 1, 2024 to become compliant with the requirements related to meeting QRTP standards. In order to maintain title IV-E reimbursability, residential agencies are to meet the standards in this rule by October 1, 2021.

(B) A QRTP is defined as a facility that:

(1) Is not a private, nonprofit therapeutic wilderness camp.

(2) Is not a scholars residential facility.

(3) Has a residential program that is accredited by at least one of the following national accrediting bodies and provides ongoing proof of such accreditation status to ODJFS:

(a) Commission on accreditation of rehabilitation facilities.

(b) Joint commission on accreditation of healthcare organizations.

(4) Implements a trauma-informed approach in which all employees, volunteers, interns and independent contractors within the facility are trained in that trauma-informed approach. Trauma-informed training is to occur within the first thirty days of hire and annually thereafter in accordance with rule 5101:2-9-03 of the Administrative Code. The required trauma training competencies are located at https://jfs.ohio.gov/ocf/Family-First.stm.

(5) Utilizes a trauma-informed treatment model that is approved by ODJFS for the population the facility serves. A trauma-informed treatment model is a program, organization or system that:

(a) Ensures all clinical staff are trained on the trauma model approved by ODJFS. If the program adds that staff other than those with clinical responsibilities are to be trained on the trauma model, the program is to document this through policy and training records;

(b) Realizes the widespread impact of trauma and understands potential paths for recovery;

(d) Responds by fully integrating information about trauma into policies, procedures and practices;

(e) Seeks to actively resist re-traumatization;

(f) Includes service of clinical needs and that:

(i) Is an approved trauma informed treatment model applicable to the population of youth served, located at https://jfs.ohio.gov/ocf/Family-First.stm, or

(ii) Meets the substance abuse and mental health services administration (SAMHSA) implementation domains and follows the six key principles of the SAMHSA trauma informed approach which are located at https://jfs.ohio.gov/ocf/Family-First.stm; and

(iii) Receives approval by the department or designee.

(6) Has registered or licensed nursing and clinical staff who operate in accordance with the following:

(a) Provide care within the scope of their practice as defined by state law.

(b) Are accessible on-site or face-to-face via interactive videoconferencing based on the youth's clinical and/or medical needs. Interactive videoconferencing may not be appropriate for a youth in crisis at the facility.

(7) Cooperates with the qualified individual and the family and permanency team to complete the assessment within thirty days of placement of a child in a QRTP in accordance with rule 5101:2-42-12 of the Administrative Code.

(8) Provides consideration for the youth's safety and developmental needs, the treatment should be family-driven with both the youth and the family included in all aspects of care, if in the best interest of the youth. The key components of family-centered residential treatment are to be documented in the child's record and include the following:

(a) Facilitation of regular contact between the youth and other members of the family including siblings;

(b) Actively involving and supporting families who have a youth placed in the residential facility;

(9) Completes discharge planning that is to:

(a) Include planning for all youth discharged from the QRTP.

(b) Begin in partnership with the legal custodian and/or custodial agency no later than the next business day after a youth is admitted to the QRTP.

(10) Provides aftercare support for all youth placed more than fourteen days who are exiting the QRTP to family-based settings including:

(a) Reunification with family.

(b) Pre-finalized adoptive family.

(d) Foster care.

(e) Independent living.

(11) Includes at least a six-month period of family-based aftercare support for all youth after discharge, even if the youth reaches the age of majority. The aftercare support is to:

(a) Be provided within the youth or family's community as appropriate to promote the continuity of care for children.

(b) Be individualized and driven by the youth, the caregivers and the family as appropriate, and include the following:

(i) Monthly contact with the youth and caregivers to promote and maintain engagement, and to regularly evaluate the family's needs. Monthly contact may be in-person, through interactive videoconferencing, or via phone or other electronic means.

(ii) Referring and coordinating engagement with any applicable community providers serving the youth or family. The QRTP will ensure they make themselves available to the community providers for ongoing consultation and document the consultation in writing. Documentation should include all resources and services needed and detail how the resources and services will be provided.

(iii) Written documentation provided to all participants of the discharge plan prior to discharge with information on how to access additional supports from the QRTP and community providers including contact information and steps required to access each provider.

(12) May provide six months of aftercare services as defined in rule 5101:2-1-01 and pursuant to rule 5101:2-47-23.1 of the Administrative Code, if the child was placed by a Title IV-E agency.

(13) Ensures all QRTP requirements able to be recorded in the residential treatment information system (RTIS) are documented within RTIS.

Last updated January 30, 2026 at 1:48 PM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Chapter 5180:3-5 Assessments

Ohio Adm.Code 5180:3-5-01 PCSA requirements for completing the safety assessment.

(A) For which reports does the public children services agency (PCSA) need to complete the "Safety Assessment" in Ohio's comprehensive child welfare information system (CCWIS)?

The PCSA is to complete the "Safety Assessment" in Ohio's CCWIS for the following reports when the child is not in the permanent custody of the PCSA:

(1) Intra-familial child abuse and neglect reports assigned to the alternative or traditional response pathway, including those screened in as a third-party investigation.

(2) Dependency reports.

(3) Stranger danger investigations.

(B) Who does the PCSA need to gather information about to complete the "Safety Assessment"?

The PCSA is to complete the "Safety Assessment" regarding the following individuals, as applicable:

(1) Alleged child victim/child subject of the report.

(2) Siblings of the alleged child victim/child subject of the report residing in the home, including step or half siblings.

(3) Parent(s), guardian(s), or custodian(s) of the alleged child victim/child subject of the report.

(4) A related or unrelated adult caretaker residing in the home who has routine responsibility for the care of the alleged child victim/child subject of the report and/or their siblings.

(5) Paramour of the custodial parent, guardian, custodian, or caretaker who is residing in the home.

(6) Children of the paramour residing in the home.

(7) Other children residing in the home of whom the parent, guardian, custodian, or caretaker has custody or guardianship.

(1) The PCSA is to, at minimum, complete a face-to-face contact for the assessment of safety with each alleged child victim/child subject of the report and at least one parent, guardian, custodian, or caretaker of the alleged child victim/child subject of the report.

(2) If an order of shared parenting has been issued by a court, the PCSA is to, at minimum, complete a face-to-face contact for the assessment of safety with each alleged child victim/child subject of the report and at least the parent or caregiver in the home of the parent who has physical care of the alleged child victim/child subject of the report at the time the incident occurred.

(D) When does the PCSA complete the "Safety Assessment"?

(1) The PCSA is to complete the "Safety Assessment" when the face-to-face contacts for the assessment of safety identified in paragraph (C) of this rule have been completed.

(2) If the PCSA is successful in completing face-to-face contacts for the assessment of safety within the first four working days from the date the referral was screened in, the PCSA is to:

(a) Record the "Safety Assessment" in Ohio's CCWIS within ten working days from the date the referral was screened in.

(b) Approve the "Safety Assessment" within two working days from the date of submission in Ohio's CCWIS.

(3) If the PCSA is unsuccessful in completing face-to-face contacts for the assessment of safety within the first four working days from the date the referral was screened in, the PCSA is to:

(a) Continue making attempts to complete the face-to-face contacts for the assessments of safety in accordance with governing Ohio Administrative Code rule for the identified report.

(b) Record and approve the "Safety Assessment" in Ohio's CCWIS within three working days after the face-to-face contacts for the assessment of safety are completed with each alleged child victim/child subject of the report and the parent, guardian, custodian, or caretaker.

(E) How does the PCSA complete the "Safety Assessment(s)" when additional child abuse, neglect, and/or dependency referrals are screened in for assessment/investigation after acceptance of a child abuse, neglect, and/or dependency report and prior to the completion of the initial "Safety Assessment"?

The PCSA is to do one of the following:

(1) Complete the face-to-face contacts for the assessment of safety concerning all reports within four working days from the date the initial referral was screened in and record the "Safety Assessment" in Ohio's CCWIS pursuant to paragraph (D)(2) of this rule.

(2) Complete face-to-face contacts for the assessment of safety for each referral screened in for assessment/investigation within four working days from the date each referral was screened in respectively and record each "Safety Assessment" in Ohio's CCWIS pursuant to paragraph (D) of this rule.

(F) When can two or more reports be included in one "Safety Assessment"?

Two or more reports may be included on the same "Safety Assessment" if the subsequent report(s) were received prior to the PCSA successfully completing the needed face-to-face contacts for the assessment of safety.

Last updated August 17, 2026 at 7:54 AM

History

Effective: August 15, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-5-02 PCSA requirements for completing the safety plan for children.

(A) What is a "safety plan" and when does a public children services agency (PCSA) develop and implement a safety plan?

(1) A "safety plan" means a specific and concrete strategy for controlling threats of serious harm to a child(ren) or supplementing protective capacities.

(2) The PCSA is to immediately develop and implement a safety plan when the PCSA determines a child is in immediate danger of serious harm due to an active safety threat.

(B) What are the different types of safety plans?

(1) An "in-home safety plan" is a voluntary safety plan documented on the DCY 01409 "Comprehensive Assessment Planning Model Safety Plan for Children" with a family in response to an active safety threat. It is designed to enable a child to remain in the legal custody of their parent, guardian, or custodian and in their own home. An in-home safety plan is the least restrictive type of safety plan.

(2) An "out-of-home safety plan" is a voluntary safety plan documented on the DCY 01409 with a family in response to an active safety threat. It is designed to enable a child to remain in the legal custody of their parent, guardian, or custodian while residing with a relative or kin outside of their own home.

(3) A "legally authorized out-of-home safety plan" is the arrangement for the out-of-home care of a child in an agency's custody. This plan is not voluntary and is the most restrictive type of safety plan.

To implement a legally authorized out-of-home safety plan the PCSA is to pursue removal of the child pursuant to rule 5180:2-39-01 of the Administrative Code.

(D) How does the PCSA collaborate with the parent(s), guardian(s), or custodian(s) when developing the DCY 01409?

The PCSA and the parent(s), guardian(s), or custodian(s) are to mutually:

(1) Identify the action steps to control the active safety threats.

(2) Identify each individual or community resource responsible for conducting an action step specified on the DCY 01409.

(E) How does the PCSA verify agreement by the necessary parties with the DCY 01409?

The PCSA is to do one of the following:

(1) Obtain signatures on the DCY 01409 from the custodial parent(s), legal guardian(s), or legal custodian(s) and all persons responsible for a DCY 01409 action step indicating their willingness to participate in the DCY 01409.

(2) If an order of shared parenting has been issued by a court, the PCSA is to obtain agreement and signatures on the DCY 01409 of both parents.

(3) If a custodial parent, legal guardian, or legal custodian or person responsible for an action step is not present to sign the DCY 01409, the DCY 01409 may be implemented with a verbal authorization. The PCSA is to document the date and time the verbal authorization was received.

(F) What are the PCSA's next steps after receiving verbal authorization for a DCY 01409?

(1) The PCSA is to attempt to obtain the signature(s) on the DCY 01409 within five working days from receipt of the verbal authorization. The signature(s) are to be obtained upon contact with the custodial parent(s), legal guardian(s), or legal custodian(s).

(2) All attempts to obtain the signature(s) and any reasons why the signature(s) cannot be obtained are to be documented in the case record.

(G) When does the PCSA waive a custodial parent, legal guardian, or legal custodian's signature as outlined in paragraphs (E) and (F) of this rule?

The PCSA is to waive the signature when the individual is unable or unavailable to sign the DCY 01409 and the PCSA has obtained one signature from another custodial parent, legal guardian, or legal custodian pursuant to rule 5180:2-36-11 of the Administrative Code. The reason(s) why the signature cannot be obtained are to be documented in the case record.

(H) When does the PCSA record the DCY 01409 in Ohio's comprehensive child welfare information system (CCWIS)?

The PCSA is to record the DCY 01409 in Ohio's CCWIS within five working days from the date the first signature is obtained.

(I) What does it mean to monitor a DCY 01409?

The PCSA is to monitor a DCY 01409 by assessing safety to ensure the action steps are being followed and the action steps are controlling the identified safety threats. The PCSA is to document all safety plan monitoring activities in the case record.

(J) How does the PCSA monitor an in-home DCY 01409?

(1) The PCSA is to conduct weekly home visits. During the home visits, the PCSA is to make face-to-face contact for the assessment of safety with each child identified on the DCY 01409, at least one parent, guardian, or custodian residing in the home, and at least one responsible person identified on the DCY 01409.

(2) When there is more than one parent, guardian, or custodian residing in the home, the PCSA is to make contact for the assessment of safety with each parent, guardian, or custodian at least once every other week.

(3) When there is more than one responsible person identified on the DCY 01409, the PCSA is to make contact for the assessment of safety with each responsible person at least once every other week.

(K) How does the PCSA monitor an out-of-home DCY 01409?

The PCSA is to have weekly contact for the assessment of safety with at least one responsible person identified on the DCY 01409. The PCSA is to have face-to-face contact for the assessment of safety with each child and each responsible person involved every other week.

(L) When does the PCSA implement alternative safety interventions, such as modifying the safety plan or pursuing the removal of the child pursuant to rule 5180:2-39-01 of the Administrative Code?

The PCSA is to implement alternative safety interventions when any of the following applies:

(1) An active safety threat is not controlled.

(2) A parent, guardian, custodian, or responsible person is unwilling to sign the DCY 01409 after providing verbal authorization.

(3) The parent, guardian, custodian, or responsible person is not cooperating or willing to follow the action steps according to the DCY 01409.

(4) The PCSA has not been able to complete the required monitoring contacts despite concerted efforts being made pursuant to paragraph (J) or (K) of this rule and the following occurs:

(a) Face-to-face contact for the assessment of safety has not been made on an in-home DCY 01409 for two weeks with each child identified on the DCY 01409, each parent, guardian, or custodian residing in the home, and each responsible person identified on the DCY 01409.

(b) Face-to-face contact for the assessment of safety has not been made on an out-of-home DCY 01409 for four weeks with each child identified on the DCY 01409.

(M) How does the PCSA collaborate with the family to modify the DCY 01409?

(1) The PCSA is to discuss the reasons for modifying the DCY 01409 with the family.

(2) The PCSA is to obtain the signature of all participants on the modified DCY 01409 prior to its implementation.

(N) When does the PCSA discontinue a DCY 01409 without an alternative safety intervention, such as modifying the safety plan or pursuing the removal of the child pursuant to rule 5180:2-39-01 of the Administrative Code?

The PCSA discontinues a DCY 01409 without an alternative safety intervention when the PCSA determines that a safety threat is no longer active or is being controlled through the family's protective capacities and the child is no longer in immediate danger of serious harm.

(O) How does the PCSA notify a family when the DCY 01409 is discontinued?

The PCSA is to notify each parent, guardian, or custodian and each responsible person in writing within two working days of the discontinuation of the DCY 01409.

(P) Can the PCSA close a case if a DCY 01409 is active?

No, the PCSA is not to close a case if a DCY 01409 is active.

Last updated August 17, 2026 at 7:54 AM

History

Effective: August 15, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-39-01

(A) If the public children services agency (PCSA) or private child placing agency (PCPA) has determined a child cannot be maintained safely through the implementation of voluntary safety planning, the PCSA or PCPA shall pursue removal of the child from the home.

(B) If a child has Indian heritage, tribal eligibility or tribal membership and is removed from the child's own home, the PCSA or PCPA shall act in accordance with procedures outlined in rules 5101:2-53-03 and 5101:2-53-06 of the Administrative Code.

(C) If removal of a child from the home is necessary, as determined by the PCSA or PCPA, the agency shall do one of the following:

(1) File a complaint with the juvenile court with a motion requesting removal of the child.

(a) Provide the court with documentation of the provision of reasonable efforts to prevent removal or documentation identifying reasonable efforts are not required pursuant to paragraph (L) of this rule.

(b) Request the court make a determination of one of the following:

(i) Reasonable efforts to prevent removal were made through the provision of supportive services.

(ii) Reasonable efforts were not possible due to the urgent nature of the child's removal.

(iii) Reasonable efforts were not required pursuant to paragraph (L) of this rule.

(2) Petition the court for an ex parte emergency order authorizing the continued placement of the child within twenty-four hours or the next business day from the date of the child's removal from the home.

(3) Request the assistance of a law enforcement officer or a duly authorized officer of the court, if exigent circumstances requiring immediate intervention exist, and time does not permit obtaining a court order.

(D) Upon removal of the child, the PCSA or PCPA shall provide the child if age and developmentally appropriate and the child's custodial parent, non-custodial parent, guardian, or custodian with the following information and document the date and method of notification in the case record in accordance with rule 5101:2-33-23 of the Administrative Code:

(1) Reason for the removal.

(2) PCSA or PCPA name, telephone number, address, and name of person to contact regarding the case.

(3) Visitation schedule prior to a journalized family case plan, inclusive of sibling visitation if not placed together.

(4) Date, time, and place of court hearings, if applicable.

(5) The name and telephone number of the employee designated by the court to provide the appointment of counsel to a custodial parent, non-custodial parent, guardian, or custodian who cannot afford to hire an attorney if known.

(E) In the absence of the custodial parent, non-custodial parent, guardian, or custodian, the PCSA or PCPA shall provide or attempt to provide the custodial parent, non-custodial parent, guardian, or custodian with the information stated in paragraph (D) of this rule within twenty-four hours of the removal.

(F) The PCSA or PCPA shall make reasonable efforts to place siblings in the same foster home, kinship home, or adoptive placement unless the PCSA or PCPA has documented that joint placement would be contrary to the safety or well-being of any of the siblings.

(G) If siblings are not placed together the PCSA or PCPA shall do one of the following:

(1) Develop a written visitation plan pursuant to rule 5101:2-38-05 of the Administrative Code.

(2) Develop a written visitation plan pursuant to rule 5101:2-38-07 of the Administrative Code.

(H) The PCSA or PCPA shall do all of the following within thirty days after removal of a child from his or her custodial parent, non-custodial parent, guardian or custodian:

(1) Exercise due diligence in identifying the following relatives and/or kin:

(a) All maternal and paternal grandparents.

(b) Individuals related by blood or adoption.

(d) Any non-relative adult the child or the child's parent, guardian, or custodian identifies as having a familiar relationship with the child and/or the family.

(2) Provide notice to all adult relatives and kin identified in paragraphs (H)(1)(a) to (H)(1)(d) of this rule specifying all of the following and documenting the date and method of notification in the case record in accordance with rule 5101:2-33-23 of the Administrative Code:

(a) The child has been or is being removed from the parents' custody.

(b) The options the relative or kin has to provide support for the child:

(i) Babysitting.

(ii) Companionship.

(iii) Emotional support.

(iv) Mentorship.

(v) Respite care.

(vi) Transportation.

(i) The requirements to become a licensed foster caregiver in accordance with rule 5101:2-7-02 of the Administrative Code and the additional services and supports available for children placed in a foster home.

(ii) Available kinship support in accordance with rule 5101:2-42-18.2 of the Administrative Code.

(d) The potential of legal permanency of the child if the parent, guardian, or custodian is unable to regain custody of the child removed.

(e) The failure to respond to the notification may impact the future ability to provide support, care, and placement of the child.

(3) Document in the case record if any adult relative or kin identified pursuant to paragraph (H)(1) of this rule has a history of family violence. The PCSA or PCPA is not required to notify adult relatives or kin with a history of family violence pursuant to paragraph (H)(2) of this rule.

(4) Provide information to relative or kin respondents in accordance with rule 5101:2-42-90 of the Administrative Code and assess the respondents pursuant to rule 5101:2-42-18 or 5101:2-52-04 of the Administrative Code to determine whether or not placement is approved. Upon placement of the child with an approved relative or kin, the PCSA or PCPA is not required to assess any other respondent; but shall keep a recorded list of the identified adult relatives and kin in the case record.

(I) Nothing in paragraph (H) of this rule shall preclude the PCSA or PCPA from identifying and notifying relatives or kin not expressly identified in paragraph (H) (1) of this rule, that the child has been or is being removed from the parents' custody.

(J) At any hearing on the continued placement of the child, the PCSA or PCPA shall provide the court with documentation and request the court make a determination of one of the following:

(1) Reasonable efforts have been made and continue to be made to make it possible for the child to safely return home through the provision of supportive services.

(2) Reasonable efforts were made and continuation of reasonable efforts to make it possible for the child to safely return home is inconsistent with the permanency plan for the child.

(K) The PCSA or PCPA shall provide the court with documentation and request the court make a judicial determination that reasonable efforts have been made to finalize the permanency plan in accordance with rule 5101:2-47-22 of the Administrative Code.

(L) Reasonable efforts to prevent removal or to return the child home are not required if the PCSA or PCPA finds the parent from whom the child was removed has:

(1) Been convicted of or pleaded guilty to one of the following:

(a) An offense under section 2903.01, 2903.02, or 2903.03 of the Revised Code or under an existing or former law of this state, another state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense was a sibling of the child or the victim was another child who lived in the parent's household at the time of the offense;

(b) An offense under section 2903.11, 2903.12, or 2903.13 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense;

(c) An offense under division (B)(2) of section 2919.22 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in that section and the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense is the victim of the offense;

(d) An offense under section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.06 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense;

(e) An offense under sections 2905.32, 2907.21, and 2907.22 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in that section and the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense is the victim of the offense;

(f) A conspiracy or attempt to commit, or complicity to committing, an offense described in paragraph (L)(1)(a), (L)(1)(d), or (L)(1)(e) of this rule.

(2) Been required to register with a sex offender registry in accordance with section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006.

(3) Repeatedly withheld medical treatment or food from the child if the parent has the means to provide the treatment or food. If the parent withholds medical treatment in order to treat the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body, the agency shall comply with the requirements of division (A)(1) of section 2151.419 of the Revised Code.

(4) Placed the child at substantial risk of harm two or more times due to alcohol or drug abuse and rejects treatment two or more times or refuses to participate in further treatment two or more times after a family case plan is developed pursuant to rule 5101:2-38-07 or 5101:2-38-05 of the Administrative Code requiring treatment of the parent and is journalized as part of a dispositional order issued with respect to the child or an order is issued by any other court requiring such treatment of the parent.

(5) Abandoned the child.

(6) Had parental rights terminated pursuant to section 2151.353, 2151.414, or 2151.415 of the Revised Code with respect to a sibling of the child.

(7) Deserted the child pursuant to section 2151.3515 of the Revised Code.

(M) If the PCSA or PCPA removes a child from the home due to abuse, neglect or dependency and the family is a participant in Ohio works first (OWF), the PCSA or PCPA shall notify the county department of job and family services (CDJFS) of the child's removal according to procedures contained in the OWF county plan of cooperation.

(N) At the end of each month for the first five months after the PCSA or PCPA takes the child into custody, the agency shall provide the CDJFS with the following information:

(1) Whether or not the custodial parent, non-custodial parent, guardian, or custodian is cooperating with the family case plan prepared pursuant to rule 5101:2-38-05 or 5101:2-38-07 of the Administrative Code.

(2) Whether or not the PCSA or PCPA is making reasonable efforts to return the child to the home of the OWF assistance group.

(O) The PCSA or PCPA shall document all activities, notifications and copies of court documents required by this rule in the case record.

Last updated January 30, 2026 at 6:47 PM

History

Effective: September 10, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-36-11

(A) The public children services agency (PCSA) is to request an extension and complete the "Justification/Waiver" in Ohio's comprehensive child welfare information system (CCWIS) if the PCSA is unable to complete specific assessment/investigative activities pursuant to the time frames established within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code. The justification for extension is to:

(1) Contain justification for not meeting the established time frame.

(2) Contain supervisory approval of the "Justification/Waiver" prior to the expiration of the established time frame.

(B) An extension is permitted for the following assessment/investigative activities:

(1) Execution of the second attempt to complete face-to-face contact within four working days from the screening decision when all of the following have been recorded in the "Justification/Waiver" prior to the expiration of the fourth working day:

(a) The diligent efforts completed to identify the child's current safety status with a principal of the report or collateral source who has knowledge of the child's current condition, and can provide current and credible information about the child's safety.

(b) The name and location of the individual who provided the credible information about the child's safety, and the manner in which the information was obtained.

(c) The information provided by the principal of the report or collateral source that supports the PCSA's belief that the child is not at risk of being seriously harmed.

(d) Completion of the supervisory approval of the extension request in Ohio's CCWIS prior to the expiration of the fourth working day.

(2) Written notification to the alleged perpetrator of the report disposition if the alleged perpetrator is the subject of a law enforcement investigation into human trafficking. The timeframe for the extension is not to exceed one hundred twenty days from the date the PCSA screened-in the referral as child abuse and/or neglect report.

(C) The PCSA is to complete the "Justification/Waiver" to waive an assessment/investigation activity if the PCSA is unable to complete specific assessment/investigative activities pursuant to the requirements established within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code. The "Justification/Waiver is to:

(1) Contain justification why each assessment/investigation activity can not be completed.

(2) Contain the director's or designee's approval of the "Justification/Waiver" prior to the expiration of the established time frame for the assessment/investigation activity.

(D) A PCSA may request to waive the following assessment/investigation activities:

(1) Completion of the face-to-face interview with the alleged child victim or child subject of the report.

(2) Completion of the face-to-face interview with each child in the home of the alleged child victim or child subject of the report.

(3) Completion of the face-to-face interview with each adult residing in the home of the alleged child victim or child subject of the report, including the parent(s), guardian, custodian, or caretaker.

(4) Completion of the face-to-face interview with the alleged perpetrator or adult subject of the report.

(5) Completion of face-to-face or telephone interviews with any identified witnesses and collateral sources.

(6) Completion of the "Safety Assessment," "Family Assessment," "Ongoing Case Assessment/Investigation," or "Specialized Assessment and Investigation" if the report disposition is one of the following:

(a) Family moved: unable to complete assessment/investigation.

(b) Unable to locate.

(7) Completion of the "Safety Assessment" if the PCSA has not completed contact with any principal of the report and has been unable to locate the family.

(8) Completion of the "Safety Assessment," "Family Assessment," "Ongoing Case Assessment/Investigation," or "Specialized Assessment and Investigation" if all of the following apply:

(a) The PCSA has not successfully gathered sufficient information from any principal of the report, identified witness, or collaterals.

(b) The parent, guardian, or custodian of the alleged child victim refused the PCSA to have contact with family members, including principals of the report, to complete the needed assessment activities.

(c) The PCSA consulted legal counsel regarding the report and the family's refusal to engage in the assessment/investigation process.

(d) The PCSA's legal counsel advised the PCSA no legal action will be pursued.

(e) The PCSA report disposition is unsubstantiated, substantiated, or indicated.

(9) The signature of a parent, guardian, or custodian on the JFS 01409 "Safety Plan for Children" if all of the following apply:

(a) The PCSA has obtained one signature from a parent, guardian, or custodian.

(b) The PCSA determines the parent, guardian, or custodian who has not signed is unable or unavailable to sign.

(c) The reason(s) why the parent, guardian, or custodian who has not signed is unable or unavailable to sign the is documented in the case record.

(10) Completion of the "Safety Assessment," "Family Assessment," "Ongoing Case Assessment/Investigation," or "Specialized Assessment and Investigation" if, upon initiation, the PCSA determines the specific incident alleged in the report has been previously assessed/investigated and all of the following apply:

(a) The report involves the same alleged child victim or child subject of the previous report.

(b) The report involves the same alleged perpetrator or adult subject of the previous report.

(c) The previous report received an alternative response case decision or report disposition of substantiated, indicated or unsubstantiated.

(E) The PCSA will not complete a justification to waive or extend the completion time frame for any assessment/investigation activity not identified within this rule.

Last updated January 30, 2026 at 4:11 PM

History

Effective: September 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-5-03 PCSA requirements for completing the family assessment.

(A) When does the public children services agency (PCSA) need to complete the "Family Assessment" in Ohio's comprehensive child welfare information system (CCWIS)?

The PCSA is to complete the "Family Assessment" in Ohio's CCWIS for the following:

(1) Intra-familial child abuse and neglect reports assigned to the alternative or traditional response pathway, including those screened in as a third-party assessment/investigation.

(2) Dependency reports.

(3) Stranger danger reports if the PCSA determines that the family of the alleged child victim is unable or unwilling to protect the child.

(4) All other cases transferred for ongoing PCSA services prior to the completion of the "Family Case Plan" or "Prevention Services Plan," except for the following family in need of services reports:

(a) Deserted child/safe haven.

(b) Emancipated youth.

(d) Interstate compact on placement of children (ICPC).

(e) Interstate compact on adoption and medical assistance (ICAMA).

(B) Who does the PCSA assess when completing the "Family Assessment"?

The PCSA is to complete the "Family Assessment" regarding the following individuals, as applicable:

(1) Alleged child victim/child subject of the report.

(2) Siblings of the alleged child victim/child subject of the report residing in the home, including step or half siblings.

(3) Parent(s), guardian(s), custodian(s) of the alleged child victim/child subject of the report.

(4) An individual having regular contact with the alleged child victim/child subject of the report who may contribute to the risk of maltreatment to the child based upon their behaviors and interactions with the child or family.

(5) Paramour of the custodial parent, guardian, custodian or caretaker residing in the home.

(6) Children of the paramour residing in the home.

(7) Other children residing in the home of whom the parent, guardian, custodian or caretaker has custody or guardianship.

(8) A related or unrelated adult caretaker residing in the home who has routine responsibility for care of the alleged victim/child subject of the report and/or siblings.

(C) How does the PCSA gather information for the "Family Assessment" from the individuals identified in paragraph (B) of this rule?

The PCSA is to, at minimum, complete face-to-face contacts for the assessment of safety and the assessment of risk. If an order of shared parenting has been issued by a court, the PCSA is to, at minimum, complete face-to-face contacts for the assessment of safety and the assessment of risk with the individuals residing with the custodian who had physical care of the alleged child victim/child subject of the report at the time the incident occurred.

(D) What is the timeframe for completing the "Family Assessment"?

The PCSA is to record and approve the "Family Assessment" no later than sixty days from the date the PCSA screened in the referral.

Last updated August 17, 2026 at 7:54 AM

History

Effective: August 15, 2026
Promulgated Under: 119.03

Chapter 5180:3-7 Case Planning and Review Rules

Ohio Adm.Code 5180:3-7-02 Protective supervision by PCSAs.

(A) What are some examples of reasonable restrictions that a public children services agency (PCSA) might request the court to impose when filing a complaint for an order of protective supervision?

The PCSA is to request the court impose reasonable restrictions on the child and their parent, guardian, custodian, or any other person, as needed. Reasonable restrictions include, but are not limited to:

(1) Ordering a parent, guardian, or custodian to vacate the child's home, within forty-eight hours after the issuance of the order, either indefinitely or for a specified period.

(2) Ordering a parent, guardian, or custodian to prevent a specific individual from having contact with the child.

(3) Restricting or regulating the actions of any individual whose behavior is not in the best interest of the child.

(B) What are the PCSA's responsibilities for each child under an order of protective supervision?

(1) The PCSA is to prepare and maintain the "Family Case Plan" pursuant to section 2151.412 of the Revised Code and rule 5180:2-38-05 of the Administrative Code.

(2) The PCSA is to comply with rule 5180:2-40-02 of the Administrative Code when providing supportive services.

(3) The PCSA is to complete the "Case Review", pursuant to rule 5180:2-38-09 of the Administrative Code.

(4) The PCSA is to complete the "Semiannual Administrative Review" (SAR) pursuant section 2151.416 of the Revised Code and rule 5180:2-38-10 of the Administrative Code.

(5) The PCSA is to act in accordance with section 2151.353 of the Revised Code regarding terminating or extending time for the order of protective supervision.

Last updated December 15, 2025 at 7:44 AM

History

Effective: December 15, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-38-05

(A) The public children services agency (PCSA) shall develop and complete the family case plan if services are provided to the child in the child's own home or in a substitute care setting and file with the court no later than thirty days from when one of the following occurs:

(1) The PCSA files a complaint pursuant to section 2151.27 of the Revised Code alleging the child is an abused, neglected, or dependent child.

(2) The PCSA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCSA to provide protective supervision for a child living in the child's own home.

(4) The court orders the PCSA to place the child, sixteen or older, in a planned permanent living arrangement.

(B) The PCSA shall develop one family case plan per case unless directed otherwise by an order of the court.

(1) Child's parent (including non-custodial parent), guardian, or custodian.

(2) Pre-finalized adoptive parent, if applicable.

(3) Guardian ad litem and or court appointed special advocate, if one has been appointed.

(4) Child age fourteen and older.

(5) Child under age fourteen if developmentally appropriate.

(6) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code, if applicable.

(7) Child's attorney, if applicable.

(8) Any other party specifically identified by the court as a party to the family case plan.

(D) The family case plan shall be based on the completion of the "Family Assessment."

(E) Completion of the "Family Assessment" is not required in order to complete a family case plan resulting from the following family in need of service reports:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on the placement of children.

(F) Notification and participation of the child or parent is not required for the development of the family case plan or any updates to the family case plan if the child has been adjudicated as a deserted child pursuant to section 2151.3519 of the Revised Code.

(G) When initiating the family case planning process, the PCSA shall:

(1) Unless the family agrees to waive the right to the seven days' notice, the PCSA is to provide at least seven days' notice of the opportunity to participate in the development of the family case plan to the following:

(a) All parties to the family case plan as outlined in paragraph (C) of this rule.

(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, at the option of and as selected by the child, pursuant to rule 5101:2-42-19 of the Administrative Code and in accordance with the JFS 01677 "Foster Youth Rights Handbook."

(i) One of the individuals selected by the child may be designated to be the child's advisor and advocate regarding application of the prudent parent standard.

(ii) A PCSA may reject individuals referenced in paragraph (G)(1)(c) of this rule if the agency has good cause to believe the individual(s) would not act in the best interest of the child. The agency shall document in an activity log the individual's name and the reason the agency found the individual would not act in the best interest of the child.

(d) The permanency team for substitute care cases in which a child is placed in an approved qualified residential treatment program (QRTP) determined by the assessment pursuant to rule 5101:2-42-12 of the Administrative Code.

(2) Document the date and method of notification, along with any waivers of notifcation.

(3) Work with all parties on the development of the family case plan; attempt to obtain agreement of the contents of the family case plan by the parties outlined in paragraph (C) of this rule and provide each party with a copy of the family case plan no later than seven days from the child's parent (including non-custodial parent), guardian, or custodian's signature not including the date of signature.

(4) Inform all parties identified in paragraph (C) of this rule if agreement cannot be obtained on the contents of the family case plan, the parties may present evidence at the dispositional hearing and the court will determine the contents of the family case plan based upon the evidence presented.

(H) The family case plan shall include a written visitation plan for siblings removed from their home and not jointly placed pursuant to rules 5101:2-42-92 and 5101:2-39-01 of the Administrative Code. The visitation plan shall provide for regular, ongoing visitation and interaction between the siblings no less than monthly unless the PCSA has documented that it would be contrary to the safety or well-being of any child.

(I) For all children receiving PCSA services pursuant to rule 5101:2-42-92 of the Administrative Code the family case plan shall include a written visitation plan for the child's parent (including non-custodial parent), guardian, or custodian. The visitation plan shall provide for regular, ongoing visitation and interaction between the child placed in substitute care and the parent (including non-custodial parent), guardian, or custodian.

(J) The PCSA shall attach the JFS 01443 "Child's Education and Health Information," to the family case plan for each child placed in a substitute care setting.

(K) The family case plan is to contain required documentation of the family and permanency team for a child placed in a qualified residential treatment program (QRTP) pursuant to rules 5101:2-38-05.1 and 5101:2-42-12 of the Administrative Code.

(L) The PCSA shall act in accordance with Chapter 5101:2-53 of the Administrative Code for children identified as Indian. Services provided shall be specifically designed for the Indian family if available, including resources of the extended family, the tribe, Indian organizations, tribal family service programs and individual Indian caregivers.

(M) If sufficient information is not available to complete any element contained on the family case plan, the PCSA shall do all of the following:

(1) Specify in the family case plan developed pursuant to paragraph (G) of this rule, the additional information needed in order to complete all parts of the family case plan and the steps needed to obtain the missing information and file with the court.

(2) Obtain the missing information, complete the missing elements of the family case plan, and submit to the court no later than thirty days after the adjudicatory hearing or by the date of the dispositional hearing.

(N) The family case plan shall serve as the permanency plan for the child.

(O) Once the court journalizes the family case plan, the parties including PCSA staff, are bound by the provisions outlined in the journalized family case plan. Failure to comply with the family case plan by any party to the family case plan may result in a finding of contempt of court.

(P) The PCSA shall complete contact in accordance with the following:

(1) For court-ordered protective supervision cases the PCSA shall:

(a) Complete face-to-face contact with each parent (including non-custodial parent), guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the family case plan no less than monthly to monitor progress on the family case plan objectives.

(b) Complete at least one contact every other month in the child's parent (including non-custodial parent), guardian, or custodian's home, or if applicable, pre-finalized adoptive parent's home.

(2) For cases with children in temporary custody of the PCSA, the PCSA shall:

(a) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(b) Complete face-to-face contact with each parent (including non-custodial parent), guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the family case plan no less than monthly to monitor progress on the family case plan objectives.

(c) Complete at least one contact every other month in the child's parent (including non-custodial parent), guardian, or custodian's home, or if applicable, pre-finalized adoptive parent's home.

(3) For cases with children in the permanent custody of the PCSA, the PCSA shall:

(a) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(b) Complete face-to-face contacts pursuant to rule 5101:2-48-17 of the Administrative Code, as applicable.

(Q) If the initial attempt to complete face-to-face contact pursuant to paragraph (P) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contacts within the month.

(R) For an adult who is a party to the family case plan where minimum face-to-face contacts cannot be completed pursuant to paragraph (P) of this rule and the attempts of face-to-face contact pursuant to paragraph (Q) of this rule have been completed, the subsequent month(s) the PCSA is to identify and document the following information and provide regulatory review of the contact status with the individual in SACWIS:

(1) The case circumstance, identifying the barrier to completing face-to-face contact.

(2) The alternative forms of contact, if possible, to be completed with the individual in lieu of face-to-face contact (telephone, video conference, electronic communication, etc).

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual.

(4) Supervisory approval.

(S) The PCSA may suspend home visits with the child's parent (including non-custodial parent), guardian, or custodian of a child in PCSA custody if conducting visits in the home presents a threat to the safety of the caseworker. A written justification to suspend visits in the home shall be documented in the case record and shall include all of the following:

(1) Identification of the specific threat to the caseworker's safety and the person posing the threat.

(2) Identify alternative forms of contact, if possible, to be completed with the individual in lieu of face-to-face contact (telephone, video conference, electronic communication, etc).

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual.

(4) Authorization of the executive director or his or her designee to suspend home visits.

(T) If home visits are suspended pursuant to paragraph (S) of this rule, the PCSA shall complete face-to-face contact with the child's parent (including non-custodial parent), guardian, or custodian no less than monthly in a location that assists in ensuring the safety of the caseworker.

(U) If a voluntary family case plan had been implemented pursuant to rule 5101:2-38-01 of the Administrative Code and the PCSA determines the involvement of the court is necessary, the PCSA shall update the family case plan and submit the updated family case plan to the court within fourteen days of the event listed in paragraph (A) of this rule.

(V) If a prevention services plan under the "Prevention Services" case category in SACWIS is to transfer to a family case plan under the "Ongoing" case category in SACWIS pursuant to rule 5101:2-40-05 of the Administrative Code, the PCSA is to create and submit a family case plan to the court within fourteen days of the event listed in paragraph (A) of this rule.

(W) The PCSA shall contact the parties to the family case plan as outlined in paragraph (C) of this rule and seek agreement and obtain the signatures of the parties to the family case plan for any update to the family case plan if any of the following occurs:

(1) The conditions of the child or the child's parent (including non-custodial parent), guardian, or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the legal status of the child or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes that family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; reunified with the child's parent (including non-custodial parent), guardian, custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of fourteen, has had a completed life skills assessment, and an independent living plan is developed pursuant to rule 5101:2-42-19 of the Administrative Code.

(5) The child attains the age of sixteen and the court orders the PCSA to place the child in a planned permanent living arrangement.

(6) A change in the visitation plan for a child.

(7) A party must be added or deleted from the family case plan.

(X) The PCSA shall record, on the family case plan, the reasons for any agreed upon update made and submit the updated family case plan to the court within seven days of the change.

(Y) If agreement as described in paragraph (X) of this rule is not obtained, the PCSA shall request a change in the family case plan by filing the proposed change with the court and do the following:

(1) Provide written notice of the proposed change to all parties listed in paragraph (C) of this rule.

(a) Written notice of the proposed change shall be provided no later than the close of business of the day after the proposed change is filed with the court.

(b) Notify parties listed in paragraph (C) of this rule; that if a party disagrees with the change in the family case plan, the party may request a court hearing of the proposed change within seven days of the filing with the court, not including the date of filing.

(2) The PCSA may implement the update fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(Z) In an emergency situation or if a child is in immediate danger of serious harm, the PCSA shall implement the change, update the family case plan, and do all of the following:

(1) Notify all parties of the family case plan, as outlined in paragraph (C) of this rule, and the court of the change no later than the next day.

(2) File a statement of the change with the court within three days of the change.

(3) Provide to all parties to the family case plan as outlined in paragraph (C) of this rule the following:

(a) A copy of the statement filed with the court within three days of the change.

(b) Notification that if any party disagrees with the change in the family case plan, the party has ten days to object to the change and to request a court hearing.

(4) Continue to implement the change unless the court disapproves.

(5) Revert back to implementing the provisions of the journalized family case plan if the court does not approve the change.

(AA) The PCSA shall review the progress in achieving the family case plan objectives and services by completing the "Case Review" pursuant to rule 5101:2-38-09 of the Administrative Code and the "Semiannual Administrative Review (SAR)" pursuant to rule 5101:2-38-10 of the Administrative Code.

(BB) The PCSA is to document the permanency plan and the concurrent plan objective for a child in temporary custody when the primary permanency plan is reunification on the family case plan effective on or after January 1, 2023. For children in custody prior to January 1, 2023, a concurrent plan will be documented in the family case plan no later than July 1, 2023. The concurrent plan is to be documented in the case record and reviewed during the SAR. The concurrent plan is an additional plan to achieve permanency for the child in the event the primary permanency case plan goal is unable to be achieved.

(CC) The PCSA shall maintain a copy of the original family case plan, all updates, documentation of the face-to-face contacts, home visits, including attempted contacts and home visits to monitor progress on the family case plan objectives.

(DD) Upon determining case closure the PCSA shall do all of the following:

(1) Notify all parties of the family case plan as listed in paragraph (C) of this rule of the case closure and document in SACWIS the date and method of notification.

(2) Update family case plan.

Last updated January 30, 2026 at 4:03 PM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-40-02

(A) Supportive services are services provided or arranged to protect, strengthen, or assist children and families or caretakers. The primary goals of all supportive services are:

(1) To protect the health, safety, and welfare of children and youth.

(2) To respect and support the integrity of the child's family unit.

(3) To maintain the child in the home with their family or caretaker.

(4) To reunify the child with their parent, guardian, custodian, or caretaker when removed from their home or utilize concurrent planning to attain permanency in the event reunification is unable to be achieved.

(5) To assist a child who has attained the age of fourteen in the custody of a public children services agency (PCSA) or private child placing agency (PCPA) to prepare them for the transition from agency custody to self- sufficiency.

(B) Supportive services will be made available by the PCSA to the child, their parent, guardian, custodian, or caretaker through one or more of the following:

(1) Information and referral services to community resources.

(2) Prevention services from the PCSA or Title IV-E agency in collaboration with community service providers pursuant to rule 5101:2-40-05 of the Administrative Code.

(3) Direct services from the PCSA.

(4) Contract services from community service providers.

(5) Compact services from community service providers.

(6) Direct and indirect services from child abuse and neglect multidisciplinary teams.

(7) Direct and indirect services through the county family and children first council or the county "Help Me Grow" provider.

(1) The child, their parent, guardian, custodian, or caretaker requests services, and the PCSA determines the services are necessary.

(2) The assessment of safety and risk, case decision, or other information obtained during the assessment/investigation indicates the need for the services.

(3) The PCSA receives an order of protective supervision.

(4) The child is placed in substitute care.

(5) The ongoing assessment of safety and risk indicates the need for services.

(6) The period immediately following reunification of the child, as needed.

(D) If one or more of the conditions listed in paragraph (C) of this rule exist, the "Family Case Plan" or "Prevention Services Plan", will be prepared in accordance with rule 5101:2-38-01, 5101:2-38-05, 5101:2-38-07, 5101:2-40-05, or 5101:2-38-20 of the Administrative Code.

(E) The PCSA will refer a child who is the subject of a report and is not at risk of imminent harm, to a community organization or voluntary preventive services.

(F) The PCSA may consider contacting the county department of job and family services (CDJFS) to determine if any services or assistance can be provided to families coming to the PCSA's attention including but not limited to prevention, retention, and contingency (PRC) services.

(G) Each PCSA participating in the regionalization of supportive services will identify regionalized services, and the other counties involved in the regionalization of services.

(H) At the conclusion of a diagnostic service, the PCSA is to request a written report from the service provider to include information indicating the progress the parent, guardian, custodian, or caretaker and child have made to resolve areas identified in the provider's service or treatment plan. Upon receipt of the report, it is to be maintained in the case record.

(I) At a minimum of once every three months and at the conclusion of any services or treatment, the PCSA is to request written or verbal reports from all service providers to include information indicating the progress the parent, guardian, custodian, or caretaker and child have made to resolve areas identified in the provider's service or treatment plan. Upon receipt of the report, it is to be maintained in the case record. If the report is not written, the service provider's identity, the date of the verbal report, and the content of the verbal report is to be documented in the Ohio statewide automated child welfare information system (SACWIS).

(J) The PCSA is to document the following in the Ohio SACWIS:

(1) Supportive services offered and/or provided.

(2) Supportive services planned, but not provided, and the reason the services were not provided.

(K) Services made available by the PCSA can be paid for through utilization of the following funding sources, if appropriate:

(1) Title IV-B funds.

(2) Title IV-E funds.

(3) Title XX funds, through the CDJFS.

(4) State child protection allocation.

(5) Temporary assistance for needy families (TANF) funds, through the CDJFS.

(6) TANF independent living funds, through the Ohio department of job and family services (ODJFS).

(7) Chafee funds.

(8) Local funds.

(L) Utilization of the funding sources outlined in paragraph (K) of this rule are to be governed by the respective guidelines of each funding source.

Last updated January 30, 2026 at 6:58 PM

History

Effective: April 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-38-09

(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 "Case Review" for the case plan no later than every ninety 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.

(B) The PCSA is to approve the "Case Review" within five working days from the date of submission in the statewide automated child welfare information system "SACWIS."

(C) The PCSA shall continue to complete the "Case Review" no later than every ninety days from the date established pursuant to paragraph (A) of this rule. The PCSA may review cases utilizing the "Case Review" more frequently based upon PCSA policy or if the PCSA determines case circumstances require it.

(D) The PCSA shall complete the "Case Review" in conjunction with the "Semiannual Administrative Review (SAR)" according to the time frames outlined in rule 5101:2-38-10 of the Administrative Code.

(E) The PCSA shall complete the "Case Review" at the time of case closure unless:

(1) The case is closed within thirty days after completion of the prior "Case Review" and the intent to close the case is documented on the "Case Review."

(2) The case is closed prior to completion of the "Family Case Plan" and the timeframe for "Family Case Plan" completion has not lapsed pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code.

(F) The PCSA shall document the "Case Review" in the statewide automated child welfare information system (SACWIS).

Last updated January 30, 2026 at 4:03 PM

History

Effective: September 10, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-38-10

(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.

(P) The PCSA shall maintain a copy of the SAR and any resultant updates to the "Family Case Plan" in SACWIS.

Last updated January 30, 2026 at 4:03 PM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-7-03 Protective supervision by PCPAs.

(A) What are some examples of reasonable restrictions that a private child placing agency (PCPA) might request the court impose when filing a complaint for an order of protective supervision?

The PCPA is to request the court impose reasonable restrictions on the child and their parent, guardian, custodian, or any other person as needed. Reasonable restrictions may include, but are not limited to:

(1) Ordering a parent, guardian, or custodian to vacate the child's home within forty-eight hours after the issuance of the order, indefinitely or for a specified period.

(2) Ordering a parent, guardian, or custodian to prevent a specific individual from having contact with the child.

(3) Restricting or regulating the actions of any specific individual whose behavior is not in the best interest of the child.

(B) What are the PCPA's responsibilities for each child under an order of protective supervision?

(1) The PCPA is to prepare and maintain the "Family Case Plan" pursuant to rule 5180:2-38-07 of the Administrative Code.

(2) The PCPA is to comply with rule 5180:2-40-02 of the Administrative Code when providing supportive services.

(3) The PCPA is to complete the "Case Review" pursuant to rule 5180:2-38-09 of the Administrative Code.

(4) The PCPA is to complete a "Semiannual Administrative Review" (SAR) pursuant to rule 5180:2-38-10 of the Administrative Code.

(5) The PCPA is to act in accordance with section 2151.353 of the Revised Code regarding terminating or extending time for the order of protective supervision.

Last updated December 15, 2025 at 7:44 AM

History

Effective: December 15, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5180:2-38-07

(A) The private child placing agency (PCPA) shall develop and complete a family case plan if services are provided to the child in the child's own home or in a substitute care setting and file with the court no later than thirty days from when one of the following occurs:

(1) The PCPA files a complaint pursuant to section 2151.27 of the Revised Code alleging the child is an abused, neglected, or dependent child.

(2) The PCPA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCPA to provide protective supervision for a child living in the child's own home.

(4) The court orders the PCPA to place the child, sixteen or older, in a planned permanent living arrangement.

(5) The PCPA has not placed the child for adoption within six months after the JFS 01666 "Permanent Surrender of Child" is executed without juvenile court approval for a child in the custody of the PCPA who was under the age of six months at the time the permanent surrender was executed.

(B) The PCPA shall develop one family case plan per case unless directed otherwise by an order of the court.

(1) Child's custodial parent, non-custodial parent, guardian or custodian.

(2) Pre-finalized adoptive parent, if applicable.

(3) Guardian ad litem and or court appointed special advocate, if one has been appointed.

(4) Child age fourteen and over.

(5) Child under age fourteen if developmentally appropriate.

(6) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code, if applicable.

(7) The child's attorney, if applicable.

(8) Any other party specifically identified by the court as a party to the family case plan.

(D) Notification and participation of the child or parent is not required for the development of the family case plan or any updates to the family case plan if the child has been adjudicated as a deserted child pursuant to section 2151.3519 of the Revised Code.

(E) When initiating the family case planning process, the PCPA is to:

(1) Provide at least seven days' notice of the opportunity to participate in the development of the family case plan to the following, unless the family agrees to waive the right to seven days' notice and document the family's agreement in the case record:

(a) All parties to the family case plan as outlined in paragraph (C) of this rule.

(b) The substitute caregiver as defined in rule 5101:2-01-01 of the Administrative Code.

(i) One of the individuals selected by the child may be designated to be the child's advisor and advocate regarding application of the prudent parent standard.

(ii) A PCPA may reject individuals referenced in paragraph (E)(1)(c) of this rule if the agency has good cause to believe the individual(s) would not act in the best interest of the child. The agency shall document in an activity log the individual's name and the reason the agency found the individual would not act in the best interest of the child.

(2) Document the date and method of notification.

(3) Work with all parties on the development of the family case plan; attempt to obtain agreement on the contents of the family case plan by the parties outlined in paragraph (C) of this rule and provide each party with a copy of the family case plan no later than seven days from the child's custodial parent, non-custodial parent, guardian, or custodian's signature, not including the date of signature.

(4) Inform all parties, identified in paragraph (C) of this rule, if agreement cannot be obtained on the contents of the family case plan, the parties may present evidence at the dispositional hearing and the court will determine the contents of the family case plan based upon the evidence presented.

(F) The family case plan shall include a written visitation plan for siblings removed from their home and not jointly placed pursuant to rules 5101:2-42-92 and 5101:2-39-01 of the Administrative Code. The visitation plan shall provide for regular, ongoing visitation, and interaction between siblings no less than monthly unless the PCPA has documented that it would be contrary to the safety or well-being of any child.

(G) For all children receiving PCPA services pursuant to rule 5101:2-42-92 of the Administrative Code, the family case plan shall include a written visitation plan for the child's custodial parent, non-custodial parent, guardian, or custodian. The visitation plan shall provide for regular, ongoing visitation, and interaction between the child placed in substitute care and the custodial parent, non-custodial parent, guardian, or custodian.

(H) The PCPA shall attach the JFS 01443 "Child's Education and Health Information" or the PCPA form being used in lieu of the JFS 01443, containing all documentation required on the JFS 01443 pursuant to rule 5101:2-38-08 of the Administrative Code, to the family case plan for each child placed in a substitute care setting.

(I) The family case plan is to contain required documentation of the family and permanency team for a child placed in a qualified residential treatment program (QRTP) pursuant to rule 5101:2-42-12 of the Administrative Code.

(J) PCPAs shall act in accordance with Chapter 5101:2-53 of the Administrative Code for children identified as Indian. Services provided shall be specifically designed for the Indian family if available, including resources of the extended family, the tribe, Indian organizations, tribal family service programs and individual Indian caregivers.

(K) If sufficient information is not available to complete any element contained on the family case plan, the PCPA shall do all of the following:

(1) Specify in the family case plan developed pursuant to paragraph (E) of this rule, the additional information needed in order to complete all parts of the family case plan and the steps needed to obtain the missing information and file with the court.

(2) Obtain the missing information, complete the missing elements of the family case plan, and submit to the courts no later than thirty days after the adjudicatory hearing or by the date of the dispositional hearing.

(L) If a family case plan is required pursuant to paragraph (A)(5) of this rule and the PCPA has not placed the child, who is under six months of age, for adoption within six months at the time the JFS 01666 is executed without juvenile court approval; the PCPA shall file a request for a review hearing and file the family case plan.

(M) The family case plan shall serve as the permanency plan for the child.

(N) Once the court journalizes the family case plan, the parties including PCPA staff, are bound by the provisions outlined in the journalized family case plan. Failure to comply with the family case plan by any party to the family case plan may result in a finding of contempt of court.

(O) The PCPA shall complete contact in accordance with the following:

(1) For court-ordered protective supervision cases the PCPA shall:

(a) Complete face-to-face contact with each custodial parent, non-custodial parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the family case plan no less than monthly to monitor progress of the family case plan objectives.

(b) Complete at least one contact every other month in the child's custodial parent, non-custodial parent, guardian, or custodian's home, or if applicable, pre-finalized adoptive parent's home.

(2) For cases with children in temporary custody of the PCPA, the PCPA shall:

(a) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(b) Complete face-to-face contact with each custodial parent, non-custodial parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the family case plan no less than monthly to monitor progress of the family case plan objectives.

(c) Complete at least one contact every other month in the child's custodial parent, non-custodial parent, guardian, or custodian's home, or if applicable, pre-finalized adoptive parent's home.

(3) For cases with children in the permanent custody of the PCPA, the PCPA shall:

(a) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(b) Complete face-to-face contact with the child pursuant to rule 5101:2-48-17 of the Administrative Code as applicable.

(P) If the initial attempt to complete face-to-face contact pursuant to paragraph (O) of this rule is unsuccessful, the PCPA shall make a minimum of two additional attempts to complete the face-to-face contacts within the calendar month.

(Q) For an adult who is a party to the family case plan where minimum face-to-face contacts are not able to be completed pursuant to paragraph (O) of this rule and the attempts of face-to-face contact pursuant to paragraph (P) of this rule have been completed, the subsequent month(s) the PCPA is to identify and document the following information and provide regulatory review of the contact status with the individual in the case record:

(1) The case circumstance, identifying the barrier to completing face-to-face contact.

(2) Identify alternative forms of contact, if possible, to be completed with the individual in lieu of the face-to-face contact (telephone, video conference, electronic communication, etc),

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual,

(4) Supervisory approval.

(R) The PCPA may suspend home visits with the child's custodial parent, non-custodial parent, guardian, or custodian of a child in PCPA custody if conducting visits in the home presents a threat to the safety of the caseworker. A written justification to suspend visits in the home shall be documented in the case record and shall include all of the following:

(1) Identification of the specific threat to the caseworker's safety and the person posing the threat.

(2) Identify alternative forms of contact, if possible, to be completed with the individual in lieu of face-to-face contact (telephone, video conference, electronic communication, etc.).

(3) The plan of diligent efforts to successfully resume monthly face-to-face contact with the individual.

(4) Authorization of the executive director or his or her designee to suspend home visits.

(S) If home visits are suspended pursuant to paragraph (R) of this rule, the PCPA shall complete face-to-face contact with the child's custodial parent, non-custodial parent, guardian, or custodian no less than monthly in a location that assists in ensuring the safety of the caseworker.

(T) If a voluntary family case plan had been implemented pursuant to rule 5101:2-38-01 of the Administrative Code and the PCPA determines the involvement of the court is necessary, the PCPA shall update the family case plan by recording the revisions to the family case plan and submit the updated family case plan to the court within fourteen days of the event listed in paragraph (A) of this rule.

(U) The PCPA shall contact the parties to the family case plan as outlined in paragraph (C) of this rule and seek agreement and obtain the signatures of the parties to the family case plan for any update to the family case plan if any of the following occurs:

(1) The conditions of the child or the child's custodial parent, non-custodial parent, guardian or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the child's legal status or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes that family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; reunified with the child's custodial parent, non-custodial parent, guardian, or custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of fourteen, has had a completed life skills assessment, and an independent living plan is developed pursuant to rule 5101:2-42-19 of the Administrative Code.

(5) The child attains the age of sixteen and the court orders the PCPA to place the child in a planned permanent living arrangement.

(6) A change in the visitation plan for a child.

(7) A party must be added or removed from the family case plan.

(V) The PCPA shall record on the family case plan the reasons for any agreed upon update made and submit the update to the court within seven days of the agreement.

(W) If agreement as described in paragraph (U) of this rule is not obtained, the PCPA shall request a change in the family case plan by filing the proposed change with the court and do the following:

(1) Provide written notice of the proposed change to all parties listed in paragraph (C) of this rule.

(a) Indicate in writing the proposed change which shall be provided no later than the close of business of the day after the proposed change is filed with the court.

(b) Notify parties to the family case plan outlined in paragraph (C) of this rule; that if a party disagrees with the change in the family case plan, the party may request a court hearing of the proposed change within seven days of the filing with the court, not including the date of filing.

(2) The PCPA may implement the update fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(X) In an emergency situation or if a child is in immediate danger of serious harm, the PCPA shall implement the change, update the family case plan, and do all of the following:

(1) Notify all parties to the family case plan as outlined in paragraph (C) of this rule and the court of the change no later than the next day.

(2) File a statement of the change with the court within three days of the change.

(3) Provide to all parties to the family case plan as outlined in paragraph (C) of this rule the following:

(a) A copy of the statement filed with the court within three days of the change.

(b) Notification that if any party disagrees with the change in the family case plan, the party has ten days to object to the change and to request a court hearing.

(4) Continue to implement the change unless the court disapproves.

(5) Revert back to implementing the provisions of the journalized family case plan if the court does not approve the change.

(Y) The PCPA shall review the progress of achieving the family case plan objectives and services pursuant to rule 5101:2-38-09 of the Administrative Code and complete the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (SAR) pursuant to rule 5101:2-38-04 of the Administrative Code.

(Z) The PCPA is to document the permanency plan and the concurrent plan objective for a child in temporary custody when the primary permanency plan is reunification on the family case plan effective on or after January 1, 2023. The concurrent plan is to be documented in the case record and reviewed during the SAR. The concurrent plan is an additional plan to achieve permanency for the child in the event the primary permanency case plan goal is unable to be achieved.

(AA) For children in permanent custody, the PCPA shall document efforts to locate an adoptive placement or other planned permanent living arrangement in the family case plan.

(BB) The PCPA shall maintain a copy of the original family case plan, all amendments, documentation of the face-to-face contacts, home visits, including attempted contacts and home visits to monitor progress of the family case plan objectives in the case record.

(CC) Upon determining case closure the PCPA shall notify all parties of the family case plan as outlined in paragraph (C) of this rule of the case closure and document in the case record the date and method of notification.

Last updated January 30, 2026 at 4:03 PM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5180:3-7-06 Required contents of a PCPA case plan document.

(A) What are the case plan goals a private child placing agency (PCPA) is to use for a "Family Case Plan" for a child?

One or more of the following:

(1) Maintain a child safely in their own home.

(2) Reunify a child with their parent, guardian, or custodian.

(3) Place a child in a safe, planned permanent living arrangement excluding adoption.

(4) Prepare a child for independent living and emancipation.

(5) Place a child for adoption.

(B) What elements are to be included, at minimum, in the "Family Case Plan"?

(1) Parties involved in the case plan and their individual responsibilities.

(2) Statement of goals and objectives to be achieved and conditions in the home that are to be improved to ensure the child will be safe and will receive proper care.

(3) Anticipated timeframes for attainment of goals and objectives.

(4) Identification of services requested by or provided to the child or their parent, guardian, or custodian to achieve the goals identified in paragraph (B) (2) of this rule.

(5) The appropriateness of supportive services offered or provided under the court order for protective supervision to prevent removal of the child from the child's parent, guardian, or custodian.

(6) Specification of case management, casework services, and/or if appropriate, therapeutic counseling.

(1) The type of substitute care placement.

(2) The appropriateness and safety of the placement in accordance with rule 5180:2-42-05 of the Administrative Code.

(3) The reasonable efforts made or will be made to make it possible for the child to return to their home or identify that reasonable efforts are not required pursuant to rule 5180:2-39-01 of the Administrative Code.

(4) The steps to be taken to ensure services are provided to the child and their parent, guardian, or custodian to do one of the following:

(a) Facilitate the reunification of the child to their parent, guardian, or custodian.

(b) Locate a safe, planned permanent living arrangement for the child.

(5) The steps to be taken to assure services are provided to the child and substitute caregiver to address the needs of the child while they are in the substitute care placement.

(6) A schedule for regular and frequent visitation, including an explanation of the reason for any restrictions on location of visits or the need for supervision of visits, between the child and their parent, guardian, or custodian for children in temporary custody as specified in rule 5180:2-42-92 of the Administrative Code.

(7) The reason why parental rights will not be terminated pursuant to the requirements contained in section 2151.413 of the Revised Code and in rule 5180:2-42-95 of the Administrative Code.

(8) Programs and services to assist the child to prepare for transition to independent living and emancipation, for a child fourteen years of age or older, if appropriate.

(D) What are the steps to be taken by the PCPA if the "Family Case Plan" goal is adoption or another planned permanent living arrangement?

(1) Place the child with an adult relative(s) expressing an interest in adopting the child and meeting all relevant state child protection standards, a guardian, or an adoptive parent(s).

(2) Find an adoptive family, through child specific recruitment efforts, for the child.

(3) Identify a planned permanent living arrangement for the child.

(4) Finalize the adoption or guardianship.

(5) The PCPA is to document in the case record the reason why certain elements were not contained in the "Family Case Plan" document due to the permanent custody status.

(E) When a child is placed in substitute care, what requirements are to be indicated in the "Family Case Plan" about the substitute care setting?

The "Family Case Plan" is to indicate that the substitute care setting is:

(1) Safe and consistent with the best interest and special needs of the child.

(2) The least-restrictive, most family-like setting available.

(3) In close proximity to the home from which the child was removed or the home in which the child will be permanently placed.

(4) In close proximity to the school in which the child was enrolled prior to the placement.

(5) Designed to enhance reunification, if appropriate, in accordance with rule 5180:2-42-05 of the Administrative Code.

Last updated December 15, 2025 at 7:44 AM

History

Effective: December 15, 2025
Promulgated Under: 119.03