Ohio Administrative Code 5180:2 — Department of Children and Youth | Licensing and Certification

Chapter 5180:2-1 Children Services Definition of Terms

Ohio Adm.Code 5180:2-1-01 Children services definitions of terms.

(A) This rule contains the definitions of terms used in Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-36, 5101:2-37, 5101:2-38, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-44, 5101:2-45, 5101:2-46, 5101:2-47, 5101:2-48, 5101:2-49, 5101:2-50, 5101:2-51, 5101:2-52, 5101:2-53, 5101:2-55 and 5101:2-56 of the Administrative Code.

(B) Definitions.

(1) "Abandoned child," pursuant to section 2151.011 of the Revised Code, means a child who is presumed abandoned when the parents of the child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that period of ninety days.

(2) "Abused child" is as defined pursuant to section 2151.031 of the Revised Code.

(3) "Adjudicatory hearing" pursuant to section 2151.28 of the Revised Code means a hearing held by the juvenile court to determine whether a child is a juvenile traffic offender, delinquent, unruly, abused, neglected, or dependent or otherwise within the jurisdiction of the court or whether temporary or legal custody should be converted to permanent custody.

(4) "Administrative director" or "administrator" means the person designated by the governing body of an agency who is responsible for the management and administration of the agency.

(5) "Adopted person" is a person whose legal relationship was terminated with their biological parents, through permanent surrender or court order, and a new legal relationship has been established with an adoptive family.

(6) "Adopted young adult" is an individual who:

(a) Was in the temporary or permanent custody of a public children services agency.

(b) Was adopted at the age of sixteen or seventeen and attained the age of sixteen before a Title IV-E adoption assistance agreement became effective.

(c) Has attained the age of eighteen.

(d) Has not yet attained the age of twenty-one.

(7) "Adoption" is the creation, by a court of competent jurisdiction, of parental rights and responsibilities between a child and an adult, along with the termination of all parental rights and responsibilities to the child held by any other persons, which have not been previously surrendered or terminated by court order.

(8) "Adoption Disruption" is when the adoption process is stopped at any point before the adoption is legally finalized.

(9) "Adoption Dissolution" is an adoption in which the legal relationship between the adoptive parents and adoptive child is severed, either voluntarily or involuntarily, after the adoption is legally finalized.

(10) "Adoption finalization" is an order of the court issued pursuant to section 3107.14 of the Revised Code terminating all parental rights and responsibilities of a biological or other legal parent and creating the relationship of parent and child between the petitioner and the adopted person.

(11) "Adoptive parent" is a person who adopts a person legally available for adoption.

(12) "Adoptive placement" means the permanent placement of a child for adoption, including any action resulting in a final adoption decree.

(13) "Adult subject of the report" is the individual suspected of being responsible for the abuse or neglect of a child on an alternative response report.

(14) "After-hours" are the times other than the normal business day, Monday through Friday, pursuant to policies as set forth by the public children services agency (PCSA). "After-hours" also includes weekends and holidays.

(15) "Aftercare services" are defined as specific individualized community-based trauma informed services that build on treatment gains to promote the safety and well-being of children and families, with the goal of preserving the youth in a supportive family environment. Aftercare services may be part of the discharge plan and added to the "agreement for Title IV-E agencies for the provision of non-placement services" and the "Title IV-E schedule B" rate information.

(16) "Aftercare support" is monthly case management activities performed with or on behalf of a child/family, by the qualified residential treatment program (QRTP) as part of the required discharge plan developed by the permanency team for a minimum of six months from discharge. Aftercare support, as identified in the discharge plan, may be part of the "agreement for Title IV-E agencies and providers for the provision of placement services" or the Title IV-E agencies may use the "agreement for Title IV-E agencies for the provision of non-placement services" and the "Title IV-E schedule B" rate information.

(17) "Agency" means a PCSA, private child placing agency (PCPA) or private non-custodial agency (PNA) certified by Ohio department of children and youth (DCY).

(18) "Agreement for temporary custody" means a voluntary agreement authorized by section 5103.15 of the Revised Code and transferring the temporary custody of a child to a PCSA or a PCPA.

(19) "Allegation" means a described set of circumstances which asserts the occurrence of child abuse, neglect, or dependency.

(20) "Alleged child victim" means a child suspected of being or at risk of becoming abused and/or neglected on a traditional response report.

(21) "Alleged perpetrator" is the individual suspected of being responsible for the abuse or neglect of a child on a traditional response report.

(22) "Anonymous reporter" is an unidentified person making a report of alleged child abuse or neglect.

(23) "Applicant" means a person who has filed an application form with DCY to operate an agency regulated by Chapter 5101:2-5 of the Administrative Code or a person who has completed a JFS 01691 "Application for Child Placement" to become a foster caregiver or adoptive parent and submitted the application to an agency pursuant to Chapters 5101:2-5, 5101:2-7 and 5101:2-48 of the Administrative Code. An applicant does not include a person currently certified as a foster caregiver and who is applying to become a specialized foster caregiver with the same agency with which the person is currently affiliated as a certified foster caregiver.

(24) "Approved adoptive home" is a home in which the family has been studied, assessed and approved by the PCSA, PCPA or PNA for the adoptive placement of a child.

(25) "Approved kinship home" is a home of a kinship caregiver that has been assessed by a PCSA or PCPA and has been determined to meet minimum safety requirements established in rule 5101:2-42-18 of the Administrative Code for kinship caregivers to receive placement of kin children.

(26) "Assessment" means comprehensive family assessment and/or risk assessment as defined by this rule.

(27) "Assessor" for the purposes of foster care or adoption means an individual who meets the requirements outlined in section 3107.014 of the Revised Code.

(28) "Assessment/investigation" means a fact-finding process which includes interviews, observations, and other forms of information gathering. Information collected during the assessment/investigation is used to identify and address any active safety threats or risk concerns, make a disposition regarding allegations of child abuse and/or neglect if applicable, and determine whether there is a need for continued involvement with the PCSA.

(29) "Assessment of risk" or "re-assessment of risk" means the ongoing process of classifying a family based upon the family's characteristics and how likely the family is to maltreat or re-maltreat a child(ren).

(30) "Assessment of safety" or "re-assessment of safety" means the ongoing process of evaluating safety threats, protective capacities, and child vulnerability to determine the appropriate safety response.

(31) "At risk of institutionalization" as used in the definition of a "medically fragile foster home" means that unless the child's medical condition, and/or functional abilities and/or environment are maintained or improved, the child would require placement in a hospital, skilled nursing facility or intermediate care facility for individuals with an intellectual disability, in order to maintain their health and safety.

(32) "Attorney" is a person who has been admitted to the bar by order of the Ohio supreme court.

(33) "Authorization of release form" is the form prescribed by the department of health under division (A)(2) of section 3107.50 of the Revised Code to be used by the birth parent.

(34) "Birth parent" is a biological parent of an adopted person.

(35) "Birth sibling" is a biological sibling of an adopted person.

(36) "Board of directors" or "board of trustees" or "governing body" or "governing board" means the body of persons empowered by an organization's articles of incorporation, constitution, regulations, or statute to operate an agency and may or may not have proprietary interest in the agency.

(37) "Branch office" means a location of an agency having an address separate from the main or primary location of the agency where any or all of the certified functions of the agency may be conducted.

(38) "Business Day" is any day Monday through Friday excluding federal holidays.

(39) "Calendar day" is any day in the month including weekends and holidays.

(40) "Calendar year" means January first through December thirty-first.

(41) "Candidate for foster care" is a child, who is at imminent risk of removal from home, as evidenced by the Title IV-E agency either pursuing the child's removal from the home or making reasonable efforts to prevent such removal.

(42) "Candidate for family first prevention services" means a child, who is at imminent risk of removal from their home, but is able to remain in the home or with kin as long as the state plan specifies prevention services for the child, parent, or kin caregiver and are being provided by "Center of Excellence" selected service providers.

(43) "Caregiver" is a person providing the direct day-to-day care of a child during the child's placement in substitute care.

(44) "Caretaker" is a person with whom the child resides or the person responsible for the child's daily care. This includes, but is not limited to, the parent, guardian, custodian or out-of-home care setting employee.

(45) "Case" means the composition of individuals grouped together for the purpose of providing and/or supervising, and recording PCSA services. The group of individuals are associated to one case reference name and one case number.

(46) "Case decision" means the PCSA's determination of whether the case should be closed or continued for ongoing PCSA services.

(47) "Case evaluation" means the analysis of social, environmental and interactional information gathered during the assessment/investigation of child abuse or neglect for the purpose of making a report disposition/resolution, and developing a case plan, when necessary.

(48) "Case management services" are activities performed by the PCSA, PCPA, PNA, or Title IV-E agency for the purpose of providing, recording and supervising services to a child and the child's parent, guardian, custodian, caretaker or substitute caregiver.

(49) "Case members" means the persons associated to a case for the purpose of provision of child protective services.

(50) "Case plan for direct placements" means a written document, developed by the PCPA or PNA in conjunction with the family, which identifies strengths of the family, concerns to be resolved and supportive services to be provided which will result in ensuring permanence for the child.

(51) "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 as a combination of both.

(52) "Casework services" are those services performed or arranged by the PCSA, PCPA or Title IV-E agency to manage the progress, provide supervision and protection of the child and the child's parent, guardian or custodian.

(53) "Caseworker" means a PCSA, PCPA or PNA staff person who is responsible for provision of protective services or supportive services to the child and the child's parent, guardian, custodian or substitute caregiver.

(54) "Certificate" means a document prescribed by DCY issued pursuant to Chapter 5103. of the Revised Code authorizing an agency to perform specific functions or authorizing a foster caregiver to care for children.

(55) "Certified foster home" means a foster home operated by persons holding a certificate in force, issued under section 5103.03 of the Revised Code.

(56) "Certified organization" pursuant to section 5153.01 of the Revised Code means any organization holding a certificate that is in full force and effect, issued under section 5103.03 of the Revised Code.

(57) "Chemical dependency", pursuant to section 2151.3514 of the Revised Code, means either of the following:

(a) The chronic and habitual use of alcoholic beverages to the extent that the user can no longer control the use of alcohol or endangers the user's health, safety, or welfare or that of others.

(b) The use of a drug of abuse, as defined in section 3719.011 of the Revised Code, to the extent that the user becomes physically or psychologically dependent on the drug or endangers the user's health, safety, or welfare or that of others.

(58) "Chemical restraint" means any substance given to a child to subdue or restrict movement or behavior as punishment or for staff convenience. Chemical restraint is prohibited by DCY.

(59) "Child" means any person under eighteen years of age or a person under twenty-one years of age who has a physical or mental impairment; mental or psychological disorder such as an intellectual disability; physiological disorder or condition.

(60) "Child abuse and neglect memorandum of understanding" is a memorandum of understanding which establishes the normal operating procedures and responsibilities to be exercised by each participant regarding alleged child abuse and neglect.

(61) "Child abuse and neglect multidisciplinary teams" are groups organized to provide prevention, identification, diagnosis, treatment and/or consultation on child abuse and neglect.

(62) "Child care staff" means any employee, volunteer or college intern whose duties involve the direct face-to-face care of children as specified on the individual's job description.

(63) "Child care center" and "center" means any place child care is provided for thirteen or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child care is provided for seven to twelve children at one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and are on the premises of the center are to be counted.

(64) "Child in treatment foster care" means a child having one or more special or exceptional needs as described in rule 5101:2-47-18 of the Administrative Code that substantially interfere with or limit the child's functioning in family, school, or community activities.

(65) "Child protection and permanency program" means the administration of a wide range of services identified through the risk assessment process. The program can include the provision of protective services, in-home supportive services, out-of-home care services and adoption services coordinated and delivered on behalf of a child who has come to the attention of the PCSA.

(66) "Child service plan" or "service plan" means a goal-oriented, time-limited, individualized program of action for a child and the family, specific to the child's placement in a particular facility and separate from the case plan as required by Chapters 5101:2-5 and 5101:2-39 of the Administrative Code, developed by the placement facility in cooperation with the custody holding agency or individual.

(67) "Child stealing" is the illegal removal of a child from the parent, guardian or custodian who has legal custody.

(68) "Child subject of the report" refers to the child identified as the subject requiring an assessment or services in the following types of reports:

(a) Dependency.

(b) Alternative response.

(c) Family in need of services report.

(69) "Children services agency" (CSA) is any agency or organization in another state which has assumed the administration of the child welfare function prescribed in its respective state statute.

(70) "Children's protective services" (CPS) is a term used to describe a wide range of social services coordinated and delivered on behalf of a child who is at risk, or is being or has been abused or neglected.

(71) "Children's residential center" (CRC) means a facility in which eleven or more children, including the children of any staff residing at the facility, are given non-secure care and supervision twenty-four hours a day.

(72) "Child vulnerability" means the degree to which a child can avoid or modify the impact of safety threats or risk concerns.

(73) "Collateral source" means a person who provides or documents information concerning child abuse, neglect, or dependency but is not a principal to the case or witness.

(74) "Community education service" is a range of public information activities designed to increase the public's awareness of child abuse or neglect and to promote appropriate utilization of services.

(75) "Compact state" means a state, U.S. commonwealth, possession or trust territory which is a signatory to the interstate compact on the placement of children.

(76) "Comparable requirement" means a nationally recognized accreditation organization's standard that equals or exceeds Ohio Administrative Code (OAC) requirements.

(77) "Comprehensive Assessment and Planning Model" means a strength based and family centered model used to support and document critical child protection decisions regarding child safety, risk of child maltreatment, family functioning, and a family's ability to resolve concerns.

(78) "Comprehensive child welfare information system" means a federally recognized case management information system that state and tribal IV-E agencies may develop to support their 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 children's bureau and include, but are not limited to, Ohio SACWIS, Ohio residential treatment information system (RTIS), child and adult protective services learning management system (CAPS LMS), taking early action matters (TEAM) Ohio, Ohio certification for agencies and families (OCAF), etc.

(79) "Comprehensive family assessment" is an ongoing exchange of information between worker, family and collaterals to determine the strengths of the family and the degree of risk and intervention necessary to keep a child safe. It organizes and categorizes information focusing on the management of future risk or maltreatment and is constantly being revised during the life of the case.

(80) "Concurrent plan" means a written permanency plan for a child in agency custody. The concurrent plan may be utilized in the event reasonable efforts to return the child to the child's home or eliminate the continued removal from that home are unsuccessful. The concurrent plan outlines services the agency is to provide to achieve permanency. The concurrent plan is developed simultaneously with the family case plan unless it is documented a concurrent plan is not in the best interest of the child.

(81) "Control" means the focus of the safety plan, in response to any child in immediate danger of serious harm, which serves to manage immediate safety threats and supplement protective capacities.

(82) "Co-parents" means adult individuals, related or unrelated, living together in the same household and sharing parenting responsibilities.

(83) "Corrective action" is action taken to correct or remediate situations which were identified as being the cause of a child abuse or neglect incident.

(84) "Counseling" includes both of the following:

(a) General counseling services performed by a PCSA or shelter for victims of domestic violence to assist a child, a child's parents, and a child's sibling in alleviating identified problems that may cause or have caused the child to be an abused, neglected, or dependent child.

(b) Psychiatric or psychological therapeutic counseling services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or person licensed under Chapter 4757. of the Revised Code to engage in social work or professional counseling.

(85) "Court-appointed special advocate" means a volunteer guardian ad litem appointed by the court who is responsible for: researching the background of assigned child abuse, neglect and dependency cases; representing the child's best interests; speaking for the child in all hearings, reviews and other relevant case activities; monitoring the child during the life of the case; and advocating for a safe and permanent home for the child.

(86) "Court order of priority placement" means a court order prepared by an Ohio judge or a judge in another state, which designates that a specific child's interstate placement is to be made on a priority basis in order to meet the special needs of the child and to expedite the procedures between agencies and states involved in the child's placement across state lines.

(87) "Courtesy supervision" means a type of family in need of services report in which a request is made by a PCSA or CSA to another PCSA or CSA for assistance in providing protective services to a family who is residing in the jurisdiction of the second PCSA/CSA.

(88) "Credible information" means information worthy of belief.

(89) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal investigation (BCI) pursuant to section 109.572 of the Revised Code.

(90) "Crisis services" are services provided to families in crisis situations for the purpose of providing an immediate or temporary solution to the presenting problem.

(91) "Custodian" means a person having legal custody of a child or a PCSA, PCPA, or Title IV-E agency that has permanent, temporary, or legal custody of a child.

(92) "Cultural competency" is a continuous learning process that builds knowledge, awareness, skills and capacity to identify, understand and respect the unique beliefs, values, customs, languages, abilities and traditions of all Ohioans in order to develop policies to promote effective programs and services.

(93) "Danger" means the likelihood of serious harm to a child precipitated by one or more currently active safety threats and arising from insufficient protective capacities.

(94) "Day camp" is a nonfacility-based program in the outdoors providing children with creative, recreational, and educational experiences in group living in a single-site natural environmental area.

(95) "Day treatment services" are services provided for a portion of the day for a child, living at home or in substitute care, who is at risk, or is being or has been abused or neglected, and who manifests emotional, psychological, behavioral, or social problems which cannot be resolved in nonspecialized educational or developmental settings, or in specialized settings such as learning behavioral disabilities classes.

(96) "Delinquent child" is as defined pursuant to section 2152.02 of the Revised Code.

(97) "Denial or authorization to release form" is either of the following:

(a) The section of the JFS 01693, "Ohio Law and Adoption Materials" prescribed under division (A)(1)(b) of section 3107.083 of the Revised Code where the birth parent checked the "no" space provided in that section.

(b) The form prescribed under division (A)(1) of section 3107.50 of the Revised Code.

(98) "Dependent child" is as defined pursuant to section 2151.04 of the Revised Code.

(99) "Deserted child" / "safe haven child" means a child not older than thirty days, whose parent has voluntarily delivered the child to an emergency medical service worker, peace officer, peace officer support employee, hospital employee or a newborn safety incubator without expressing an intent to return for the child and who, pursuant to sections 2151.3516 and 2151.3517 of the Revised Code, and has no apparent signs of abuse or neglect.

(100) "Developmental disability" is as defined in section 5123.01 of the Revised Code.

(101) "Diagnostic services" are medical, psychiatric, or psychological services performed by a licensed physician, psychiatrist, psychologist, and persons licensed under Chapter 4757. of the Revised Code for the purpose of evaluating an individual's current physical, emotional, or mental condition.

(102) "Direct placement" means the placement of a child by the parent, guardian or legal custodian of the child, including by court order, with the participation and agreement of an agency, into an out-of-home care setting operated or supervised by the agency, with the parent, guardian or legal custodian retaining legal custody of the child.

(103) "Disabled infant" is a child less than one year of age who has a physical or mental disability which substantially limits or may limit in the future one or more major life activities such as self-care, receptive and expressive language, learning, and mobility.

(104) "Dispositional hearing," pursuant to sections 2151.35 to 2151.355 and 2151.414 of the Revised Code, means a hearing held by the juvenile court to determine what action is to be taken concerning a child who is within the jurisdiction of the court.

(105) "Disruption" is the unplanned interruption of a substitute care placement of a child which requires the transfer of the child to a subsequent substitute care placement setting before the goals of the child's case plan are achieved.

(106) "Domestic violence" pursuant to section 3113.33 of the Revised Code means attempting to cause or causing bodily injury to a family or household member, or placing a family or household member by threat of force in fear of imminent physical harm.

(107) "Duly authorized" is the established ongoing approval by a juvenile court, granting the PCSA permission to remove a child who is at imminent risk when time does not permit obtaining a court order or assistance from law enforcement.

(108) "Educational/vocational assistance" means counseling and other similar assistance related to educational and vocational training, preparation for a general equivalency diploma (GED) or for higher education, job readiness, job search assistance, and placement program.

(109) "Effective denial of release form" is a denial of release form that has not been rescinded by an authorization of release form pursuant to division (B) of section 3107.46 of the Revised Code.

(110) "Emancipation" is the legal process of custody termination from a PCSA or PCPA on or after a youth attains the age of eighteen.

(111) "Emergency" means a situation where there is reason to believe that a child is threatened or alleged to be abused, neglected, or dependent to an extent that the child is in immediate danger of serious harm.

(112) "Emergency caretaker services" are those services provided by a person placed within a child's own home to act as a temporary caretaker when the child's own caretaker is unable or unwilling to fulfill the responsibility.

(113) "Emergency medical service worker" means a first responder, emergency medical technician-basic, emergency medical technician-intermediate, or paramedic.

(114) "Emergency shelter" is the short-term crisis placement of any child who is threatened or alleged to be abused, neglected, or dependent to an extent that there is imminent risk to the child's life, physical or mental health, or safety.

(115) "Emergency shelter care facility" is a group home for children, a children's residential center (CRC), or a portion of a CRC, which is certified to provide temporary emergency nonsecure care for children.

(116) "Employee" means any individual hired for wages by an agency.

(117) "Employment and training services" are services designed to assist individuals in obtaining paid employment. Such services may include, but not be limited to, the use of social, psychological, and vocational diagnostic assessment, training, and placement.

(118) "Environmental management services" are services offered to the child and the child's family or caretaker to improve physical living conditions and provide emergency funds. Such services may be provided, arranged, or ensured and may include, but not be limited to, housing repair, housing location, exterminating rodents or insects, lead abatement or making available financial assistance for outstanding utility bills.

(119) "Evidence based practice" are those services which aim to provide the most effective care available to improve recipient outcomes by using the best external evidence, professional expertise, and recipient preferences. For the purpose of this definition evidence based practices are those mental health, substance abuse, and parenting skill programs rated by the title IV-E clearinghouse and approved for use by states implementing family first prevention services.

(120) "Exigent circumstances" means an emergency resulting from the conduct, conditions, or surroundings of the children that would endanger their health, welfare, or safety and demands immediate action by the PCSA.

(121) "Ex parte emergency order" is an order issued by a juvenile judge or a designated referee pursuant to section 2151.31 of the Revised Code initiated and obtained by one party where other parties have not had advance notice and the opportunity to be heard prior to the issuance of the order authorizing the taking of a child into custody.

(122) "Family" means a group of people related by blood or circumstances who may rely upon one another for sustenance, support, security, and or socialization.

(123) "Family Case plan" means a written document developed by the PCSA, PCPA or Title IV-E agency and the family which identifies strengths of the family, concerns to be resolved, and supportive services to be provided which will result in ensuring permanence for the child.

(124) "Family foster home" means a foster home that is not a specialized foster home.

(125) "Family in need of services" means an intake category in which a request has been made for a PCSA to provide or DCY to facilitate one or more of the following types of services to a family:

(a) Adoption subsidy only.

(b) Alternative response required non-lead PCSA contacts.

(c) Child fatality, non-child abuse/neglect.

(d) Courtesy supervision.

(e) Deserted child/safe haven.

(f) Home evaluation/visitation assessment.

(g) Interstate compact on adoption and medical assistance (ICAMA).

(h) Interstate compact on the placement of children (ICPC).

(i) Permanent surrender.

(j) Post-finalization adoption services.

(k) Postnatal placement services to infant of incarcerated mother.

(l) Preventive services.

(m) Required non-lead PCSA interview.

(n) Stranger danger investigation.

(o) Unruly/delinquent.

(126) "Family moved - unable to complete assessment/investigation" means the report disposition when a PCSA cannot confirm or deny child abuse or neglect allegations based upon a full assessment/investigation because the family moved after the PCSA made contact with the family but the family's current whereabouts are unknown or the family now lives out of state and a referral was made to the child services agency where the family currently resides.

(127) "Family preservation center" (FPC) requires a certificate obtained by actively being licensed as either a children's crisis care facility, or a residential infant care center.

(128) "Family preservation services" means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including:

(a) Service programs designed to help children: return to their families from which they have been removed, if determined to be safe and appropriate; or be placed for adoption, or with a guardian; or if adoption or guardianship is determined not to be safe and appropriate for a child, in some other planned permanent living arrangement.

(b) Preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of substitute care placement remain safely with their families.

(c) Service programs designed to provide follow-up care to families to whom a child has been returned after a substitute care placement.

(d) Respite care of children to provide temporary relief for parents and other caregivers (including foster caregivers).

(e) Services designed to improve parenting skills (by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition.

(129) "Family Reunification Services" means the services and activities listed in this paragraph that are provided to a child who is removed from their home and placed in a foster home or a residential facility or a child who has been returned home and to the parent, guardian or custodian of such a child, but only during the fifteen month period that begins on the date the child returns home. Allowable services and activities include the following:

(a) Individual, group, and family counseling;

(b) Inpatient, residential, or outpatient substance abuse treatment services;

(c) Mental health services;

(d) Assistance to address domestic violence;

(e) Services designed to provide temporary child care and therapeutic services for families, including crisis care facilities;

(f) Peer-to-peer mentoring and support groups for parents and primary caregivers;

(g) Services and activities designed to facilitate access to and visitation of children by parents and siblings; and

(h) Transportation to or from any of the services or activities described in this definition.

(130) "Family support services" for the purposes of utilizing Title IV-B, "subpart 2" means community-based services to promote the safety and well-being of children and families, which are designed to increase the strength and stability of families (including adoptive, foster, and kin), to support and retain foster families so they can provide quality family based settings for children in foster care, to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable and supportive family environment, to strengthen parental relationships and promote healthy marriages, and otherwise to enhance child development, including through mentoring.

(131) "Federal fiscal year" means the period of time between October first of one year and September thirtieth of the following year.

(132) "Final decree of adoption" includes an interlocutory order of adoption that has become final.

(133) "Foster care for medically fragile children" means foster caregiver-based treatment services for children whose intensive health care needs cannot be met in their own home. Foster care for medically fragile children focuses rehabilitative services on medically fragile children and their families with the primary location of treatment in a medically fragile foster home.

(134) "Foster caregiver" means a person holding a valid foster home certificate issued by DCY.

(135) "Foster care maintenance" is an individual entitlement for financial assistance for board and care of children who meet the eligibility requirements contained in Chapter 5101:2-47 of the Administrative Code, who are in the placement and care of a Title IV-E agency and are in an approved substitute care placement.

(136) "Foster child" means a child placed in a foster home who is not the natural or adopted child or other legal ward of the foster caregiver.

(137) "Foster home" means a private residence in which children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children non-secure care, supervision, or training twenty-four hours a day. "Foster home" does not include care provided for a child in the home of a person other than the child's parent, guardian, or legal custodian while the parent, guardian, or legal custodian is temporarily away. Family foster homes, pre-adoptive infant foster homes and specialized foster homes are types of foster homes.

(138) "Group home" is a public or private facility which provides placement services for children and is licensed, regulated, approved, operated under the direction of, or otherwise certified as a group home by DCY, the Ohio department of education and workforce, a local board of education, the Ohio department of youth services, the Ohio department of mental health and addiction services, a county board of mental health, the Ohio department of developmental disabilities, a county board of developmental disabilities, or a political subdivision.

(139) "Group home for children" referred to in Chapter 5101:2-5 of the Administrative Code as "group home" means any facility, public or private, which meets all of the following criteria:

(a) Gives a maximum of ten children, including the children of the operator or any staff who reside in the facility, nonsecure care and supervision twenty-four hours a day for hire, gain, or reward by a person or persons who are unrelated to such children by blood or marriage, or who is not the appointed guardian of such children. Any individual who provides care for children from only a single-family group, placed there by their parents or other relative having custody, will not be considered as being a group home for children.

(b) Is not certified as a foster home.

(c) Receives or cares for children for two or more consecutive weeks.

(140) "Guardian" means a person, association, or corporation that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code to exercise parental rights over a child to the extent provided in the court's order and subject to the residual parental rights of the child's parents.

(141) "Guardian ad litem" is a guardian appointed by the juvenile court to represent and protect the best interest of an alleged or adjudicated abused, neglected, or dependent child.

(142) "Habilitation" is the process by which the staff of the facility or agency assists an individual with a developmental disability to acquire and maintain those life skills which enable the individual to cope more effectively with the demands of the individual's own person and environment, and in raising the level of the individual's personal, physical, mental, social, and vocational efficiency. Habilitation includes, but is not limited to, programs of formal structured education and training.

(143) "Handicapped person" is an individual with a physical or mental disability.

(144) "Harm" (for the purpose of utilizing the "Comprehensive Assessment and Planning Model") means the consequence of maltreatment and refers to the nature of the injury or trauma affecting the child.

(145) "Health care facility" is any public or private hospital or institution offering maternity services, or services to premature disabled infants, or services to disabled newborns.

(146) "Health care facility designee" is the person named by the health care facility to act as the contact with the PCSA in all cases when there is an allegation that a disabled infant with life-threatening conditions is a neglected child as defined in division (A) of section 2151.03 of the Revised Code due to the withholding of appropriate nutrition, hydration, medication, or medically indicated treatment.

(147) "Health care facility review committee" is an infant care review committee, an institutional bioethics committee, or another entity established to deal with medical, legal, and ethical dilemmas arising in the care of patients within a health care facility.

(148) "Health care professional" means any physician as defined in this rule or a registered or licensed practical nurse who holds a valid license issued under Chapter 4723. of the Revised Code.

(149) "Help me grow" early intervention services means developmental services selected in collaboration with the parents of a child, birth through age three, who is eligible for services under part C of the Individuals with Disabilities Education Act (November 2011), and designed to meet the developmental needs of the child and the needs of the child's family to assist appropriately in the child's development as identified in the individualized family service plan.

(150) "Hire, gain, or reward" means any form of compensation made available to the person providing care and supervision to a child.

(151) "Home evaluation/visitation assessments" means a type of family in need of services intake. A home evaluation means the collection of information requested by a court, other PCSA, or CSA regarding a prospective caregiver and their ability to provide care to a child. A visitation assessment means a summary of information regarding visitations between the child(ren) and parent or other individual(s) as ordered by a court or requested by a PCSA.

(152) "Home health aide services" means the personal care and maintenance activities provided to individuals for the purpose of promoting normal standards of health and hygiene.

(153) "Homemaker services" means the professionally directed or supervised simple household maintenance or management services provided by trained homemakers or individuals to families in their own homes.

(154) "Hospital" is as defined in either section 3727.01 or section 5122.01 of the Revised Code.

(155) "Hospital employee" means any of the following:

(a) A physician who has been granted privileges to practice at the hospital.

(b) A nurse, physician assistant, or nursing assistant employed by the hospital.

(c) An authorized person employed by the hospital who is acting under the direction of a physician that has been granted privileges to practice at the hospital.

(156) "Hotline/answering service" is a communication system which allows child abuse or neglect reports to be received twenty-four hours per day, seven days per week.

(157) "Household" means a private residence including the members of the family living therein and/or unrelated individuals living in the same residence and sharing common living areas.

(158) "Identifying information" as used in adoption is as defined in section 3107.01 of the Revised Code.

(159) "Independent interstate placement" is the act of placing a child, by the child's parents or non agency legal guardian, across state boundaries into placement for foster care or placement for adoption.

(160) "Independent living arrangement" means any living environment provided by an agency including service programs and activities to assist youth fourteen years of age and older to make the transition from substitute care to adulthood. If a youth who is sixteen or seventeen years of age is placed in an independent living arrangement, the youth is to be placed in housing that is supervised or semi-supervised by an adult per section 2151.82 of the Revised Code.

(161) "Indicated" means the report disposition in which there is circumstantial or other isolated indicators of child abuse or neglect lacking confirmation; or a determination by the caseworker that the child may have been abused or neglected based upon completion of an assessment/investigation.

(162) "Infant" means any child from birth to eighteen months of age.

(163) "Information and referral services" means services which may assist any person in locating or using available and appropriate resources or both.

(164) "Information and/or referral" means an intake category in which information is provided to any person to assist in locating or using available and appropriate resources or both.

(165) "In-home safety plan" is a voluntary safety plan developed with a family in response to an active safety threat. It is designed to enable a child to remain in their own home. An in-home safety plan is the least restrictive type of safety plan.

(166) "In-home services" are a range of supportive services provided to children and families in their own homes.

(167) "Initial report" is a report of information supplied to the PCSA by the reporter opening a family's case for assessment/investigation.

(168) "Intake" means a function of the PCSA through which referrals of: alleged child abuse, neglect, dependency and family in need of services are received, screened, and prioritized; and information and/or referral is categorized.

(169) "Intake category" means each of the following divisions for the classification of referral information:

(a) "Child Abuse/Neglect" means an abused child as defined in this rule or a neglected child as defined in this rule.

(b) "Dependency" means a dependent child as defined in this rule.

(c) Family in need of services.

(d) Post emancipation.

(e) Information and/or referral.

(170) "Interlocutory order of adoption" is an order of the court issued pursuant to section 3107.14 of the Revised Code which automatically becomes a final decree of adoption upon the date specified in the order.

(171) "Intern" means any individual who on behalf of a college, university, or another organization whether paid or unpaid, is providing services for an agency.

(172) "Interstate children's protective services referral" is an out-of-state report concerning alleged, indicated, or substantiated child abuse or neglect made or accepted by a PCSA.

(173) "Interstate compact on adoption and medical assistance (ICAMA)" is an interstate compact which formalizes cooperation among party states and provides the standardized procedures for arranging for medical assistance and services for adopted special needs children and their families when there is a state adoption assistance agreement or a federal adoption assistance agreement in effect.

(174) "Interstate compact on the placement of children (ICPC)" is a uniform law enacted by states and jurisdictions of the United States, establishing orderly procedures for the interstate placement of children across state lines and assigning responsibilities for those involved in placing children.

(175) "Interstate placement" is the arrangement made by a sending agency, for the care of a child to be sent from Ohio to another state or from another state into Ohio, which care is to be provided by a foster home, home of a parent or parents, relative home, child-care institution, or adoptive home. This definition does not include any of the following types of placements:

(a) Placements into a facility caring for the mentally, intellectually, or developmentally disabled; a facility that is primarily educational in nature; or a hospital or other medical facility.

(b) The sending or bringing of a child into a receiving state by their parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or nonagency legal guardian, and leaving the child with any such relative or nonagency legal guardian in the receiving state.

(c) Placement of a child across state lines by a court as an incident to a divorce.

(d) Placement of a child into Ohio for a period of time not exceeding thirty calendar days, if the sending agency, when the sending agency is other than a parent or non agency legal guardian, has notified the agency in the county where the child will be visiting of the following:

(i) That the child will be visiting.

(ii) The child's date of arrival.

(iii) The anticipated length of the child's visit.

(e) Placement of a child who is subject to an agreement for temporary custody.

(176) "Intra-familial assessment/investigation" means an assessment/investigation conducted by a PCSA in response to a child abuse and/or neglect report and includes an alleged perpetrator who is one or more of the following:

(a) Is a member of the alleged child victim's family.

(b) Is known to the family or child and has had access to the alleged child victim, whether or not the access was known or authorized by the child's parent, guardian, or custodian.

(c) Is involved in daily or regular care for the alleged child victim, excluding a person responsible for the care of a child in an out-of-home care setting.

(177) "Intrastate children's protective services referral" is a report concerning alleged, indicated, or substantiated child abuse and neglect made by one Ohio PCSA to another Ohio PCSA for the purpose of requesting the provision of protective services.

(178) "Investigation" is a fact-finding process which includes interviews, observations, and other forms of information gathering. Information collected during the investigation provides data upon which to make a case resolution/disposition regarding a report of alleged child abuse or neglect.

(179) "Items of identification" include a motor vehicle driver's or commercial driver's license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code, a marriage application, a social security card, a credit card, a military identification card, or an employee identification card.

(180) "Kin" or "Kinship caregiver" means the following:

(a) Individuals related by blood or adoption:

(i) 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."

(iv) Cousins and first cousins once removed.

(b) Stepparents and stepsiblings.

(c) Spouses and former spouses of individuals named in paragraph (B)(170)(a) of this rule.

(d) Any non-relative adult the current custodial caretaker or child identifies as having a familiar and long-standing relationship/bond with the child and/or the family which will ensure the child's social ties.

(181) "Lead PCSA" means the PCSA responsible for ensuring all needed actions are completed and documented pursuant to section 5153.16 of the Revised Code.

(182) "Legal custody" means a legal status vesting in the custodian the right to have physical care and control of the child and to determine where and with whom the child is to live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities. An individual granted legal custody is to exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.

(183) "Licensing authority" is the governmental body responsible for carrying out a department's licensing and regulatory functions, including monitoring compliance with applicable state laws and departmental rules by agencies, individuals, organizations, facilities, or other service providers licensed or certified by that body.

(184) "Lifebook" is a record of the child's life which helps identify events in the child's past, including what happened while in agency care. The record is to include a chronological listing of such events and relationships in the child's life. Photographs may be used to depict events in the life book.

(185) "Life skills assessment" is an evaluation of the strengths and needs regarding the life and personal skill development of a child in order to determine their current level of independence and the services required to help the child become a self-sufficient adult.

(186) "Life skills services" are a series of developmentally appropriate services or activities that provide an opportunity for a child to gain the skills needed to live a self-sufficient adult life pursuant to rule 5101:2-42-19 of the Administrative Code.

(187) "Life-threatening condition" is any condition in which a disabled infant would die unless medical or corrective surgical treatment is provided.

(188) "Linkage and practice" means coordination with other components of the independent living program.

(189) "Living unit" means one of the following:

(a) A group home.

(b) Individual houses or cottages, with a capacity of no more than twenty children, each of which contain bedrooms, bathrooms, living room or lounge, and may contain a kitchen or designated eating area.

(c) A floor or specific parts of a floor with a capacity of no more than twenty children and which contains bedrooms, bathrooms, living room or lounge, other activity space as required by rule 5101:2-9-26 of the Administrative Code, and may contain a kitchen or designated eating area.

(190) "Managed care" refers to contracted service providers that have full responsibility for case planning and case management. It does not include contracted service providers that provide services while the public children services agency maintains decision making and case management responsibilities for the case or the child.

(191) "Management information system" is the electronic method of arranging client, case and service data for storage and retrieval.

(192) "Mechanical restraint" means any device used to prevent or restrict movement as punishment or for staff convenience. Mechanical restraint is prohibited by DCY.

(193) "Medical consultant" is a licensed, board-certified, and practicing pediatrician, or neonatologist.

(194) "Medical diagnosis" is the evaluation of a child examined by a licensed physician to determine if abuse or neglect is medically indicated.

(195) "Medically fragile child" means a person from birth through twenty-one years of age who has intensive health care needs that can be met in a medically fragile foster home.

(196) "Medically fragile foster caregiver" means a person who has been specifically trained and certified pursuant to rules 5101:2-5-20 to 5101:2-5-37 and 5101:2-7-02 to 5101:2-7-17 of the Administrative Code to provide foster care and other services for medically fragile children placed in the caregiver's medically fragile foster home.

(197) "Medically fragile foster home" means a foster home providing specialized medical services designed to meet the needs of children with intensive health care needs as identified in section 5103.02 of the Revised Code.

(198) "Mental illness" is as defined in section 5122.01 of the Revised Code.

(199) "Mental injury" means any behavioral, cognitive, emotional, or mental disorder in a child caused by an act or omission that is described in section 2919.22 of the Revised Code and is committed by the parent or other person responsible for the child's care.

(200) "Mentally ill person subject to court order" is as defined in section 5122.01 of the Revised Code.

(201) "Mentor" is an individual who is specifically trained and assigned to a child or family to assist the child or family deal with or learn to deal with day-to-day living situations.

(202) "Neglected child" is as defined pursuant to section 2151.03 of the Revised Code.

(203) "Nonidentifying information" as used in adoption is as defined in section 3107.60 of the Revised Code.

(204) "Non-lead PCSA" means the PCSA assisting the lead PCSA in ensuring all needed actions are completed and documented pursuant to section 5153.16 of the Revised Code.

(205) "Nonrelative" for the purposes of selecting a substitute care setting for the placement of a child means an individual identified by the current custodial caretaker or child as having a familiar and longstanding relationship with the child or the family.

(206) "Nonsecure care, supervision, training" means care, supervision, or training of a child in a facility that does not confine or prevent movement of the child within the facility or from the facility.

(207) "Organization" is as defined in section 2151.011 of the Revised Code.

(208) "Out-of-home care" is as defined in section 2151.011 of the Revised Code.

(209) "Out-of-home care child abuse" pursuant to section 2151.011 of the Revised Code, means any of the following when committed by a person responsible for the care of a child in out-of-home care:

(a) Engaging in sexual activity with a child in the person's care.

(b) Denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary for a child's health.

(c) Use of restraint procedures on a child that cause injury or pain.

(d) Administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician.

(e) Commission of any act, other than by accidental means, that results in any injury to or death of the child in out-of-home care or commission of any act by accidental means that results in an injury to or death of a child in out-of-home care and that is at variance with the history given of the injury or death.

(210) "Out-of-home care child neglect," pursuant to section 2151.011 of the Revised Code, means any of the following when committed by a person responsible for the care of a child in out-of-home care:

(a) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child.

(b) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child, that results in sexual or physical abuse of the child by any person.

(c) Failure to develop a process for all of the following:

(i) Administration of prescription drugs or psychotropic drugs for the child.

(ii) Assuring that the instructions of the licensed physician who prescribed a drug for the child are followed.

(iii) Reporting to the licensed physician who prescribed the drug all unfavorable or dangerous side effects from the use of the drug.

(d) Failure to provide proper or necessary subsistence, education, medical care, or other individualized care necessary for the health or well-being of the child.

(e) Confinement of the child to a locked room without monitoring by staff.

(f) Failure to provide ongoing security for all prescription and nonprescription medication.

(g) Isolation of a child for a period of time when there is substantial risk that the isolation, if continued, will impair or retard the mental health or physical well-being of the child.

(211) "Out-of-home care setting" is a detention facility, shelter facility, foster home, pre-finalized adoptive placement, certified foster home, approved foster care, organization, certified organization, child care center, type A family day-care home, type B family day-care home, group home, institution, state institution, residential facility, residential care facility, residential camp, day camp, hospital, medical clinic, children's residential center, public or nonpublic school, or respite home that is responsible for the care, physical custody, or control of a child.

(212) "Out-of-home safety plan" is a voluntary safety plan developed 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.

(213) "Outreach" means establishment of a system of outreach which would encourage children and families to participate in services; and develop community organizational efforts and ongoing support networks for children and families.

(214) "Parent aide services" are those supportive services provided by a person assigned to families as a role model, and to provide family support for a portion of the twenty-four hour day.

(215) "Parent education" is a teaching process to assist a parent, guardian, or custodian in developing the basic skills necessary to provide adequate care and support to a child in the child's own home.

(216) "Parental rights" is the authority of a child's parents to make all decisions regarding the child's care and control including, but not limited to, the determination of where and with whom the child is to live and the right to protect, train, and discipline the child and provide the child with food, shelter, education, and medical care.

(217) "Peace officer" means a sheriff, deputy sheriff, constable, police officer of a township or joint township police district, marshal, deputy marshal, municipal police officer, or a state highway patrol trooper.

(218) "Peace officer support employee" is as defined pursuant to section 2151.3515 of the Revised Code.

(219) "Permanent alternative placement" is a planned placement for a child, when it has been determined he cannot return to the child's own home, including adoption, custody to kin, independent living, or planned permanent living arrangement.

(220) "Permanency plan" has the same meaning as the family case plan or the prevention services plan.

(221) "Permanent commitment" is an order of a juvenile court exercising jurisdiction, pursuant to section 2151.353, 2151.354, or 2151.414 of the Revised Code, which grants permanent custody of a child to a PCSA or PCPA.

(222) "Permanent custody" is as defined in section 2151.011 of the Revised Code.

(223) "Person responsible for a child's care in out-of-home care" means any of the persons named below, but does not include a prospective employee of the department of youth services, or a person responsible for a child's care in a hospital or medical clinic other than a children's hospital.

(a) Any foster caregiver, in-home aide, or provider.

(b) Any administrator, employee, or agent of any of the following: a public or private detention facility; shelter facility; organization; certified organization; child care center; type A family child care home; licensed type B family child care home; group home; institution; state institution; residential facility; residential care facility; residential camp; day camp; hospital; or medical clinic.

(c) Any other person performing a similar function with respect to, or has a similar relationship to, children.

(224) "Physical restraint" means a therapeutic holding technique(s) with the intent to minimize or prevent harm when the child has lost control of their actions in such a way as to threaten harm to self or others. Physical restraint is not to be used as a planned intervention until after other less restrictive procedures or measures have been explored and found to be inappropriate. At no time is physical restraint to be used as punishment or for staff convenience.

(225) " Physical impairment" is as defined in section 2151.011 of the Revised Code.

(226) "Physician" means a person issued a certificate to practice in accordance with Chapter 4731. of the Revised Code and rules adopted by the state medical board or by a comparable body in another state.

(227) "Placement for adoption" is as defined in section 2151.011 of the Revised Code.

(228) "Placement in foster care" is as defined in section 2151.011 of the Revised Code.

(229) "Plan of safe care" / "family care plan" means an arrangement that addresses the treatment needs of the substance affected infant and the health and substance use disorder treatment needs of the parent, guardian, custodian, and any other caregiver residing in the home. The plan is developed with the parents or other caregivers, as well as the collaborating professional partners and agencies involved in caring for the infant and family. The plan includes but is not limited to the following:

(a) Basic identifying information of the infant, parent, guardian, cusodian, and any other caregiver residing in the home: name, date of birth, phone number, and address.

(b) Hospital or medical facility where the infant was delivered and/or transferred to, if applicable: name of medical facility, address, contact person, and phone number.

(c) Medical information on the infant: treating medical personnel (doctor, specialists), current diagnosis, prescription medication, future medical appointments, therapies or treatment.

(d) Health and substance use history of parent, guardian, custodian, or any other caregiver residing in the home: diagnosis, substance(s) of choice, prescribed medications, behavioral health involvement, alcohol or drug treatment provider(s), treatment plan, wraparound support plan, and contact information of all providers.

(e) Identification of who will be monitoring the plan if the family will not be working with a PCSA.

(230) "Plan for practice advancement" is a specific plan required by DCY which is developed, implemented and completed by a PCSA to address review findings and areas of improvement to enhance the condition of the child protection system.

(231) "Planned permanent living arrangement" is as defined in section 2151.011 of the Revised Code.

(232) "Post emancipation" means an intake category in which a request has been made for a PCSA to provide or DCY to facilitate one or more of the following types of services to a family:

(a) Young adult services.

(b) Bridges.

(233) "Post-finalization services" or "post-finalization adoption services" means services provided or arranged by the PCSA, PCPA or PNA to support, maintain and assist an adopted child, adoptive family or birth parent anytime after finalization of an adoption.

(234) "Practitioner of behavior science" means an individual licensed or credentialed by the state of Ohio having within their scope of practice the assessment and treatment of psychological, developmental and behavioral disorders of children.

(235) "Pre-adoptive infant foster home" means a foster home for the care of a child who is in the custody of a PCSA or PCPA pursuant to an agreement entered into under section 5103.15 of the Revised Code regarding a child who was less than six months of age on the date the agreement was executed.

(236) "Pre-adoptive family" means a parent(s) who has signed an adoptive placement agreement for which the placement has not been finalized in court.

(237) "Pre-finalization services" or "pre-finalization adoption services" means services provided or arranged by the PCSA, PCPA or PNA to support and assist a child and adoptive family from the date of adoptive placement until the issuance of a final decree of adoption.

(238) "Pre-finalized adoptive parent" is an adoptive parent with whom a PCSA or PCPA has placed a child for adoption and who has entered into an adoptive placement agreement but for whom an adoption has not been finalized in court.

(239) "Pre-finalized adoptive placement" is the placement of a child in an adoptive home with an adoptive placement agreement in effect, for whom the court has not issued a final decree of adoption.

(240) "Pre-placement preventive services" are those services designed to alleviate family problems which would otherwise result in the child's removal from the home.

(241) "Preschool age child" means any child from three years of age to five years of age.

(242) "Pre-service training program" means a training program designed to provide caregivers with an understanding of the needs of an abused, neglected, or dependent child, or a child with special needs.

(243) "Prevention Services Plan" means a written document in the "Prevention Services" case category or a "Family Case Plan" in the "Ongoing" case category in Ohio's CCWIS developed with the family, to provide supportive services to the family, and aid in reducing risk of maltreatment including at least one Ohio IV-E plan recognized "evidenced based practice service" being rendered by a "Center of Excellence" selected provider.

(244) "Preventive services" means a type of family in need of services intake which describes services provided by the PCSA aimed at promoting awareness or preventing child abuse and neglect which have been requested by and provided to children and families who have no current allegations of child abuse, neglect, or dependency.

(245) "Priority placement" means a placement status, based upon the findings by an Ohio court or a court in another state, designating that a specific child's interstate placement is to be made on a priority basis in order to meet the special needs of the child and to expedite the procedures between agencies and states involved in the child's placement across state lines.

(246) "Principals of the report" are the alleged child victim or the child subject of the report, the parent or caretaker and the alleged perpetrator or the adult subject of the report.

(247) "Private child placing agency (PCPA)" means any association, as defined in section 5103.02 of the Revised Code, certified pursuant to section 5103.03 of the Revised Code to accept temporary, permanent, or legal custody of children and place the children for either foster care or adoption.

(248) "Private non-custodial agency (PNA)" means any person, organization, association, or society certified by DCY that does not accept temporary or permanent legal custody of children, that is privately operated in this state, and that does one or more of the following:

(a) Receives and cares for children for two or more consecutive weeks;

(b) Participates in the placement of children in certified foster homes;

(c) Provides adoption services in conjunction with a PCSA or PCPA.

(249) "Private, nonprofit therapeutic wilderness camp" is as defined in section 5103.02 of the Revised Code.

(250) "Professional treatment staff" has the same meaning and function as specified in sections 5103.57, 5103.58 and 5103.59 of the Revised Code.

(251) "Prospective employee" means a person who is under final consideration for appointment or employment with a PCSA, a PCPA or a PNA as an administrator, caseworker, child care staff or other person in a position responsible for a child's care in out-of-home care, including those directly employed by the agency as well as those under contract with another person or entity. "Prospective employee" does not include a prospective foster caregiver.

(252) "Protective capacities" means family strengths or resources that reduce, control, or prevent threats of serious harm from arising or having an unsafe impact on a child.

(253) "Protective day-care services" are services provided for a portion of the twenty-four-hour day for the direct care and protection of children who have been harmed or threatened with harm, or who are at risk of abuse, neglect, or exploitation due to a psychological or social problem, or physical or mental disability of a caretaker parent, or whose health or welfare is otherwise jeopardized by their home environment.

(254) "Protective services" is a term used to describe a wide range of supportive services coordinated and delivered on behalf of children at risk of abuse or neglect.

(255) "Protective services alert" means a notice prepared by a PCSA or CSA which contains allegations that a child may be at risk of abuse or neglect, when the current whereabouts of the child and caretaker are unknown.

(256) "Protective supervision," pursuant to section 2151.011 of the Revised Code, means an order of disposition pursuant to which the court permits an abused, neglected, dependent, or unruly child to remain in the custody of the child's parent, guardian, or custodian and stay in the child's own home, subject to any conditions and limitations upon the child, the child's parents, guardian, or custodian, or any other person that the court prescribes, including supervision as directed by the court for the protection of the child.

(257) "Public children services agency (PCSA)" means an entity specified in section 5153.02 of the Revised Code that has assumed the powers and duties of the children services function prescribed by Chapter 5153. of the Revised Code for a county.

(258) "Putative father" is as defined in section 3107.01 of the Revised Code.

(259) "Putative father registry" is a registry established and maintained by the DCY to allow a putative father to register should the father wish to be given notice of a petition to adopt a minor the father claims as their child. The registry will allow a mother, agency or attorney to search and either confirm or deny if a child has a registered putative father and thus is to be contacted prior to finalization of the adoption.

(260) "Qualified non-citizen" is a person who at the time of application for or in receipt of Title IV-E foster care maintenance, adoption assistance or independent living services is :

(a) Lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1255 (amended 12/23/08).

(b) An asylee who has been granted asylum under section 208 of the Immigration and Nationality Act (INA) (as in effect October 1, 2019); or

(c) A refugee admitted to the United States under section 207 of the INA (as in effect October 1, 2019); or

(d) A parolee allowed into the United States under section 212(d)(5) of the INA (as in effect October 1, 2019) for a period of at least one year; or

(e) A person whose deportation is being withheld under section 243(h) of the INA (as in effect prior to April 1, 1997) or whose removal has been withheld under section 241(b)(3) of the INA (as in effect October 1, 2019); or

(f) A person granted conditional entry pursuant to section 203(a)(7) of the INA (as in effect prior to April 1, 1980); or

(g) A Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980; or

(h) An Amerasian immigrant as defined in Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (Pub. L. No. 100-202); or

(i) A non-citizen or non-citizen's child who has been battered or subjected to extreme cruelty in the United States under Section 501 of Pub. L. No. 104-208, under certain circumstances as defined in 8 U.S.C. 1641(c) (as in effect October 1, 2019); or

(j) An Afghan or Iraqi non-citizen granted special immigrant visa status under Section 8120 of the December 19, 2009 Defense Appropriations Bill (Pub. L. No. 111-118) and section 101(a)(27) of the INA (as in effect October 1, 2019).

(261) "Qualified residential treatment program" (QRTP) is a residential program that is accredited and provides an approved trauma-informed approach including treatment consideration for the youth's safety and developmental needs, with a family driven approach with both the youth and the family included in all aspects of care.

(262) "Quality improvement review" as used in rule 5101:2-33-02 of the Administrative Code means an examination of a PCSA's performance level on specific outcomes and processes that are to be accomplished through the PCSA's child protection system and is conducted by DCY in participation with the PCSA.

(263) "Reasonable medical judgment" is a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

(264) "Receiving state" is a state into which a child is placed by a sending agency.

(265) "Recommending agency" means a PCSA, PCPA or PNA recommending DCY take any of the following actions under section 5103.03 of the Revised Code regarding a foster home:

(a) Issues a certificate;

(b) Denies a certificate;

(c) Revokes a certificate.

(266) "Recruitment" is the action and effort by a PCSA, PCPA, or PNA to provide information alerting the community of the need for foster homes and adoptive homes for children. Recruitment activities by a PCSA, PCPA or PNA are to be directed at the general public as well as conducted on an individual basis for specific children.

(267) "Referent/reporter" means a person making a referral of child abuse, neglect, dependency, or family in need of services.

(268) "Referral" means an allegation of child abuse, neglect, or dependency; or information regarding a family in need of services made by telephone, in person, or electronically. It includes, but is not limited to, allegations involving individuals, families, and out-of-home care settings.

(269) "Rehabilitative services" means those services provided to a child to assist the child to reacquire and maintain those life skills that may have been lost due to abuse, neglect, dependency or delinquency that enable the child to cope more effectively with the child's personal needs and with the child's environment and in raising the level of the child's physical, mental, social, and vocational efficiency. Rehabilitative services may include, but are not limited to, case management, social skills training, activities of daily living, vocational training, medical services, counseling, psychosocial interventions, social psychotherapy, crisis services, treatment planning, and independent living skills training provided for a child in foster care or the child's family. Rehabilitative services also include any diagnostic assessment conducted to determine the services the child or the child's family need.

(270) "Relative" means the following:

(a) Individuals related by blood or adoption:

(i) 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";

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings;

(c) Spouses and former spouses of individuals named in paragraph (B)(270)(a) of this rule.

(271) "Religious coercion" may include, but is not limited to:

(a) Being required to accompany the foster caregiver or other residents of the foster home to religious services, but allowed to sit outside the area where the service actually occurs.

(b) Being given extra chores to perform or being required to read or listen to specific material while others attend religious services.

(c) Being required to view or listen to specific religiously oriented television, video tapes, or music.

(272) "Repeat offender" means a person who has been convicted of or pleaded guilty to any of the offenses listed in rules contained in Chapters 5101:2-5, 5101:2-7 and 5101:2-48 of the Administrative Code two or more times in separate criminal actions. Guilty pleas or convictions resulting from or connected with the same act, or from offenses committed at the same time, are to be counted as one conviction or guilty plea.

(273) "Report" means a referral accepted by the PCSA as a result of the screening decision for PCSA assessment/investigation, services, and/or intervention.

(274) "Report disposition" means one of the following determinations of whether a report of abuse or neglect has occurred or is occurring:

(a) Substantiated.

(b) Indicated.

(c) Unsubstantiated.

(d) Family moved- unable to complete assessment/investigation.

(e) Unable to locate.

(275) "Report members" means all of the following individuals: principals of the report; sibling(s) of the alleged child victim(s), including half or step siblings, residing in the home; paramour of alleged child victim's parent/caretaker; children of the paramour residing in the home; and related or non-related adult(s) residing in the home that have routine responsibility for child care of the alleged child victim(s) and their sibling(s).

(276) "Required non-lead PCSA interviews" means a type of family in need of services intake in which interviews of principals and collateral sources are conducted as requested by a PCSA or CSA on behalf of the lead PCSA.

(277) "Residential infant care center" (RICC) means a facility that has as its primary purpose the provision of residential services for infants affected by substance use and the preservation of families through infant diversion practices and programs.

(278) "Risk assessment" means a systematic decision making process to determine the safety and protection of the child, used throughout the life of a case.

(279) "Residential camp" means a public or private facility that engages in or accepts the care, physical custody, or control of children during summer months and that is licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of health or the American camping association.

(280) "Residential care facility" means an institution, residence, or facility licensed by the department of mental health and addiction services under section 5119.34 of the Revised Code and that provides care for a child.

(281) "Residential facility" means a group home, children's crisis care facility (as defined in rule 5101:2-9-36 of the Administrative Code), children's residential center, private, nonprofit therapeutic wilderness camp, or residential parenting facility where twenty-four hour child care is provided by child care staff employed or contracted by an agency. A foster home is not a residential facility. "Residential facility", as used in Chapter 5101:2-36 of the Administrative Code, is a home or facility that is licensed by the department of developmental disabilities under section 5123.19 of the Revised Code and in which a child with a developmental disability resides.

(282) "Residential parenting facility" means a facility in which teenage mothers and their children reside for the purpose of keeping mother and child together, teaching parenting and life skills to the mother, and assisting teenage mothers in obtaining educational or vocational training and skills.

(283) "Residual parental rights, privileges, and responsibilities" are those rights, privileges, and responsibilities remaining with the natural parent after the transfer of legal custody of the child, including, but not necessarily limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child's religious affiliation, and the responsibility for support.

(284) "Resource caregiver" means a foster caregiver or a kinship caregiver.

(285) "Resource family" means a foster home or the kinship caregiver family.

(286) "Respite care," as used in Chapters 5101:2-5 and 5101:2-7 of the Administrative Code, is any alternative care provided for a child placed in a specialized foster home that lasts more than twenty-four consecutive hours when the plan is to return the child to the same specialized foster home at the end of the period of respite care.

(287) "Respite care services" are services designed to provide temporary relief of child-caring functions including, but not limited to, crisis nurseries, day treatment, and volunteers or paid individuals who provide such services within the home. This service may be provided to a child placed in a foster home or with a relative as well as for a child in their own home.

(288) "Respite home" is a home managed by a respite family receiving funds from and approved to provide respite care services by the department of developmental disabilities.

(289) "Safe child" means the safety response when there are no immediate threats of serious harm present or the protective capacities of the family can manage any identified threats to a child.

(290) "Safety plan" means a specific and concrete strategy for controlling threats of serious harm to a child(ren) or supplementing protective capacities, which is implemented immediately when a family's protective capacities are not sufficient to manage immediate and serious threats of harm.

(291) "Safety response" means the determination of whether a child is safe or whether a PCSA is to implement a safety plan to control any identified safety threat. The types of safety responses are safe, in-home safety plan, out-of-home safety plan, or legally authorized out-of-home placement.

(292) "Safety threat" means an act or condition that has the capacity to seriously harm any child.

(293) "Screening" means the process of receiving and recording information from a referent to determine one or both of the following:

(a) Whether the information provided should be categorized as a referral of child abuse and/or neglect, dependency, or family in need of services; or as an information and/or referral intake.

(b) Whether the information categorized as a referral of child abuse and/or neglect, dependency, or family in need of services should be screened in or screened out.

(294) "Screening decision" means the outcome of the screening process.

(295) "Screened in" means the PCSA has accepted referral information as a report and assignment for assessment/investigation.

(296) "Screened out" means the PCSA has not accepted the referral for assessment/investigation.

(297) "Self-esteem/self confidence development" means individual and group counseling skills, workshops and conferences for improved self-esteem and self confidence, and interpersonal, and social skills training and development.

(298) "Sending agency" is a PCSA, PCPA, or any agency, officer or employee of the state or local government, or any court or person, voluntary agency, or other entity which sends or brings a child, or causes a child to be sent or brought, into another state.

(299) "Serious harm" means the actual or threatened consequence of an active safety threat that may be significantly affected by a child's degree of vulnerability and includes one or more of the following:

(a) Is life-threatening.

(b) Substantively impairs the child's mental health or development.

(c) Produces substantial physical suffering, disfigurement or disability, whether temporary or permanent.

(300) "Sibling" means a legal relationship exists between two or more children who share at least one parent by birth, marriage, or adoption.

(301) "Specialized assessment/investigation" means an assessment/investigation conducted by the PCSA in response to a child abuse or neglect report and includes an alleged perpetrator who meets one or more of the following criteria:

(a) Is responsible for the alleged child victim's care in an out-of-home care setting as defined in this rule.

(b) Is a person responsible for the alleged child victim's care in out-of-home care as defined in section 2151.011 of the Revised Code.

(c) Has access to the alleged child victim by virtue of their employment by or affiliation with an institution.

(d) Has access to the alleged child victim through placement in an out-of-home care setting.

(302) "Shelter" means the temporary care of children in physically unrestricted facilities pending court adjudication or disposition.

(303) "Skilled level of care" as used in the definition of a "medically fragile foster home" has the same meaning as described in rules 5160-3-05 and 5160-3-08 of the Administrative Code.

(304) "Special needs child" for the purposes of the state adoption subsidy program is a child who, prior to substitute care or adoptive placement, has at least one of the following needs or circumstances that may be a barrier to placement or adoption or a barrier to a child being sustained in a substitute care placement or adoptive home without financial assistance because the child:

(a) Is in a sibling group which should be placed together;

(b) Is a member of a minority or ethnic group;

(c) Is six years of age or older;

(d) Has remained in the permanent custody of a PCSA or PCPA for more than one year;

(e) Has a medical condition, physical impairment, intellectual disability or developmental disability;

(f) Has an emotional disturbance or behavioral problem;

(g) Has a social or medical history or the background of the child's biological family has a social or medical history which may place the child at risk of acquiring a medical condition, a physical, mental or developmental disability or an emotional disorder;

(h) Has been in the home of their prospective adoptive parents as a foster child for at least one year and would experience severe separation and loss if placed in another setting due to their significant emotional ties with these foster parents as determined and documented by a qualified mental health professional;

(i) Has experienced previous adoption disruption or multiple placements.

(305) "Special service state adoption subsidy" is financial assistance directly related to the child's special needs at the time of the subsidy agreement, including any identified or anticipated risk of a special need. Payments may be made to the adoptive parent or to the service provider. Special service subsidies include, but are not limited to, payments for:

(a) Medical and surgical costs as determined by a licensed physician. If the child has a medical problem needing treatment, investigation is to be made of the adoptive family's medical insurance, medicaid and other resources to determine whether the costs of treatment could be covered by these resources. If not, the subsidy could provide the necessary funds.

(b) Psychiatric, psychological, or counseling costs as determined by a licensed psychiatrist, licensed psychologist, licensed professional counselor, licensed independent social worker or a licensed independent marriage and family therapist. This may also include counseling sessions for the child or adoptive family to help integrate the child into the adoptive family. If the child has a psychiatric or psychological condition needing treatment, investigation is to be made of the adoptive parent's medical insurance, medicaid and other resources to determine whether the costs of treatment could be covered by these resources. If not, the subsidy could provide the necessary funds.

(c) Other special service costs as documented by the appropriate professional or determined as necessary by the PCSA. This may include, but not be limited to, remedial education, rehabilitation training, corrective dental treatment, speech and hearing therapy, wheelchair, braces, crutches, prostheses, child care, transportation and any other expenses related to the care and treatment of the child when not available from other funding sources. These could also include other costs incidental to the care of the child.

(306) "Specialized foster home" means a medically fragile foster home or a treatment foster home.

(307) "Spousal abuse" is violence between two caretakers regardless of marital status, and reflects the presence of domestic violence.

(308) "Staff secure facility" means a residential setting for adjudicated offenders that provides treatment in a safe environment with an atmosphere of mutual respect between staff and residents without traditional obstacles to prevent escape. Traditional barriers include locked doors, barbed wire, electric gates. In a staff secure facility staff become the deterrent to escape by having an DCY approved plan for positioning themselves in such a way that residents are prevented from escaping.

(309) "State adoption maintenance subsidy" is a state-funded adoption program intended to make permanent homes possible for children with special needs. Through the subsidized adoption program, special service and maintenance subsidy payments are made available to assist an adoptive parent who is otherwise qualified to adopt except for financial need.

(310) "State fiscal year" means the period of time between July first of one year and June thirtieth of the following year.

(311) "State institution" is a facility established by, or operated pursuant to the authority of, the general assembly, for the care of delinquent children, blind children, deaf children, children with a mental illness, children with an intellectual disability, or children with a developmental disability, and that is under the management, control, or supervision of the division of correctional services of the department of youth services, the state board of education, the Ohio department of education and workforce, the state department of mental health and addiction services, the state department of developmental disabilities, or a political subdivision.

(312) "Stranger danger report" is a report to the PCSA alleging a criminal act against a child of assault or sexual activity as defined under Chapter 2907. of the Revised Code if the alleged perpetrator:

(a) Is not a member of the alleged child victim's family.

(b) Has no sanctioned or continued access to the alleged child victim.

(c) Has no relationship with the alleged child victim.

(d) Is not involved in daily or regular out-of-home care for the alleged child victim.

(e) Is a stranger, previously unknown to the alleged child victim and the alleged child victim's family.

(313) "Subcontractor" means any person who by a legal agreement with an agency provides services for an agency.

(314) "Substance affected infant" means a child under the age of twelve months who is abused pursuant to section 2151.031 of the Revised Code due to in utero exposure to a legal or illegal substance. This does not include in utero exposure to any substance used as prescribed during the pregnancy.

(315) "Substance Use Disorder (SUD) Residential Facility" means a family-based residential treatment facility for adults with substance abuse licensed by Ohio mental health and addiction services that allows the placement of child(ren) with a parent. A SUD residential facility is to meet the following programmatic criteria:

(a) The recommendation for the placement is specified in the child's case plan before the placement.

(b) The SUD residential facility provides, as part of the treatment for substance abuse, services regarding parenting skills training, parent education, individual counseling, and family counseling.

(c) The services are provided under an organizational structure and treatment framework with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing.

(316) "Substantiated report" means the report disposition in which there is an admission of child abuse or neglect by the person(s) responsible; an adjudication of child abuse or neglect; or other forms of confirmation deemed valid by the PCSA.

(317) "Substitute care" is the care provided for a child apart from their parent or guardian, while the child's custody is held by a PCSA or PCPA.

(318) "Substitute caregiver" means an individual providing care for a child who is in the custody of the PCSA or PCPA including, a relative other than the child's parents, a nonrelative having a familiar and longstanding relationship with the child or the family, a foster parent or pre-adoptive parent, and a staff person of a group home or residential facility who is providing care for the child.

(319) "Supervising agency" is the agency providing pre-finalization services to an adoptive family or adoptive child during the period prior to an adoption finalization.

(320) "Supervisor" as the term is used in rules contained in Chapter 5101:2-33 of the Administrative Code means a person who is employed by the PCSA to oversee, direct or manage one or more workers employed by the agency in a social services capacity.

(321) "Support system" means the involvement of relatives, mentors, and caregivers in the development of independent living skills; and training children or families in decision making, planning, and time management.

(322) "Supportive services" are services provided or arranged to protect, strengthen, or assist children and families or caretakers. Supportive services may include family preservation services, family support services, family reunification services, or adoption promotional and support services.

(323) "Temporary certificate" means a certificate issued as a sanction by DCY to a PCSA, PCPA, PNA pursuant to section 5103.03 of the Revised Code for a period of less than one year.

(324) "Temporary custody" means legal custody of a child who is removed from the child's home, which may be terminated at any time at the discretion of the court or, if the legal custody is granted in an agreement for temporary custody, by the person who executed the agreement.

(325) "Temporary emergency care" is physical care and meeting the emotional needs of a child in a facility established to receive children at any time of day, twenty-four hours per day.

(326) "Therapeutic counseling" means, pursuant to section 2151.011 of the Revised Code, psychiatric or psychological services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or persons licensed under Chapter 4757. of the Revised Code.

(327) "Therapeutic services" are medical, psychiatric or psychological services performed by licensed or certified physicians, psychiatrists, psychologists, and persons licensed under Chapter 4757. of the Revised Code for the purpose of correcting or alleviating physical, mental, or emotional illnesses, or disorders.

(328) "Third party" means a PCSA is to request the assistance of law enforcement or another PCSA or both when conducting an assessment/investigation due to the potential conflict of interest a PCSA may have assessing/investigating an entity.

(329) "Title IV-E Adoption assistance" is a federally funded program in which a public children services agency (PCSA) may provide financial assistance and medical coverage to special needs children who meet the eligibility requirements of 42 U.S.C 673 (amended 2/8/06 as if enacted 10/1/05) and have been placed for adoption or are living with parents who have legally adopted them.

(330) "Title IV-E agency" means a public children services agency or a public entity with whom the DCY has a Title IV-E subgrant agreement in effect.

(331) "Toddler" means a child who is at least eighteen months of age but less than three years of age.

(332) "Training" means the training and staff development activities which directly or indirectly benefit or assist agency staff in the delivery of services.

(333) "Training episode" means a class, session or workshop for foster caregivers of two consecutive hours duration or more, as contained in an agency's approved foster caregiver pre-placement and continuing training proposal.

(334) "Transportation" means arranging for or providing transportation to and from needed services, resources and facilities.

(335) "Treatment foster care" means foster caregiver-based treatment services for children whose special or exceptional needs cannot be met in their own homes. Treatment foster care focuses on providing rehabilitative services to children with special or exceptional needs and their families with the primary location of treatment being in the treatment foster home.

(336) "Treatment foster caregiver" means a person who has been specifically trained and certified pursuant to rules 5101:2-5-20 to 5101:2-5-35 and 5101:2-7-02 to 5101:2-7-16 of the Administrative Code to provide treatment to children with special or exceptional needs placed in the treatment foster home.

(337) "Treatment foster home" means a foster home that incorporates special rehabilitative services designed to treat the specific needs of the children received in the foster home and that receives and cares for children who are emotionally or behaviorally disturbed, chemically dependent, with an intellectual disability, or developmentally disabled, or who otherwise have exceptional needs.

(338) "Treatment team" means the group of individuals who formulate, assess, monitor and revise, as needed, the child's service plan. The treatment team is to include, but is not limited to:

(a) A treatment team leader;

(b) Case managers or therapists from agencies providing social, medical or mental health services to the child and the child's family;

(c) The treatment or medically fragile foster caregiver(s);

(d) A representative(s) of the agency holding custody of the child, including, for any child who has attained the age of fourteen, a representative of the custody-holding agency's independent living program;

(e) A representative of the educational system providing educational services to the child;

(f) The child, according to their age and functioning level;

(g) Parent(s) of the child, when reunification with the parent(s) is the plan for the child, or the child's guardian; and

(h) The child's guardian ad litem or court appointed special advocate, if one has been appointed to represent the child.

(339) "Treatment team leader" means the member(s) of the treatment team with primary responsibility for day-to-day leadership of the treatment team and for preparation of the written service plan and any revisions thereto. The treatment team leader is to be a professional treatment staff member of the treatment or medically fragile foster care program or the child's treatment or medically fragile foster caregiver if the foster caregiver is appropriately licensed/certified to perform the functions of a treatment team leader. Nothing in this definition is to prohibit a treatment team from being co-led by more than one individual.

(340) "Type A home" means the permanent residence of the provider in which child care is provided for seven to twelve children at one time.

(341) "Type B home," means the permanent residence of the provider in which child care is provided for one to six children at one time and no more than three children are under two years of age.

(342) "Unable to locate" means the report disposition in which the assessment/investigation was not completed due to the inability to make contact with the family.

(343) "Universal precautions" means an approach to infection control in which all human blood and certain human body fluids are treated as if known to be infectious for human immunodeficiency virus, hepatitis b virus and other blood borne pathogens.

(344) "Unsubstantiated report" means the report disposition in which the assessment/ investigation determined no occurrence of child abuse or neglect.

(345) "Variance" means a discretionary action of DCY to permanently suspend all or part of a rule imposed on an agency by the application of Chapter 5101:2-5 or 5101:2-9 of the Administrative Code, or on a foster caregiver by the application of Chapter 5101:2-7 of the Administrative Code.

(346) "Volunteer" means any individual not being paid but providing services for an agency.

(347) "Volunteer services" are those services (e.g., transportation) performed by a person of their own free will and without monetary gain or compensation.

(348) "Waiting child" is a child in the permanent custody of a PCSA with the goal of adoption that is not currently in a pre-finalized adoptive placement or involved in an appeal.

(349) "Waiver" means a discretionary action of DCY to temporarily suspend, pursuant to rule 5101:2-5-18 of the Administrative Code, all or part of a rule imposed on an agency by the application of Chapter 5101:2-5 or 5101:2-9 of the Administrative Code, or on a foster caregiver by the application of Chapter 5101:2-7 of the Administrative Code in order to give the agency or foster caregiver time to come into compliance.

(350) "Withholding of medically indicated treatment" is the failure to respond to the disabled infant's life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the attending physician's reasonable medical judgment, will most likely be effective in ameliorating or correcting all such conditions. Withholding medically indicated treatment may constitute neglect of a child. This term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to a disabled infant when, in the attending physician's reasonable medical judgment, any of the following circumstances apply:

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

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

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

(351) "Witness" means a person who has direct knowledge of the alleged abuse and/or neglect of a child.

(352) "Working day" means the regular days on which work is performed by the PCSA generally seen as Monday through Friday excluding legal holidays, or the day the holiday is observed.

Last updated January 23, 2026 at 4:58 PM

History

• Effective: September 1, 2024
• Promulgated Under: 119.03

Chapter 5180:2-5 Child Services Agency Licensing Rules

Ohio Adm.Code 5180:2-5-02 Application for an agency to perform specific functions; amended applications.

(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.

(C) An applicant is to submit all materials and documentation required for the application.

(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.

(c) Submit an amended application immediately after relocating.

(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.

(c) When an agency ceases to operate a residential facility.

(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.

(c) Number 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.

(c) The president.

(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 5180:2-5-03 Certification of an Agency to Perform Specific Functions.

(A) What specific functions of a public children services agency (PCSA) require certification by the Ohio department of children and youth (DCY)?

Certification is required for a PCSA to:

(1) Operate children's residential center(s).

(2) Operate group home(s).

(3) Operate residential parenting facilities.

(4) Operate children's crisis care facilities.

(5) Operate residential infant care center(s).

(6) Operate family preservation center(s).

(7) Operate a child wellness campus, which is a short-term placement option designed to serve children for approximately forty-five calendar days or less. A child wellness campus is a group home, children's residential center (CRC), or part of a CRC. It provides assessment, stabilization, short-term care, and helps determine suitable long-term placement and treatment options.

(B) What are the requirements of a PCSA for functions that do not require certification?

Functions that do not require certification are to comply with applicable Administrative Code rules. DCY may take action for noncompliance under division (C) of section 5101.24 of the Revised Code.

(C) What specific functions of a private child placing agency (PCPA) require certification by DCY?

Certification is necessary to:

(1) Operate children's residential center(s).

(2) Operate group home(s).

(3) Operate or provide independent living arrangements.

(4) Operate residential parenting facilities.

(5) Operate children's crisis care facilities.

(6) Operate residential infant care center(s).

(7) Operate family preservation center(s).

(8) Operate scholars residential center(s).

(9) Operate a child wellness campus.

(10) Recommend pre-adoptive infant foster homes for certification.

(11) Recommend family foster homes for certification.

(12) Recommend treatment foster homes for certification.

(13) Recommend medically fragile foster homes for certification.

(14) Accept temporary, permanent, or legal custody of children.

(15) Place children for foster care or adoption.

(D) What specific functions of a private noncustodial agency (PNA) or non-PCSA local public entity require certification by DCY?

Certification is necessary to:

(1) Operate children's residential center(s).

(2) Operate group home(s).

(3) Operate or provide independent living arrangements.

(4) Operate residential parenting facilities.

(5) Operate children's crisis care facilities.

(6) Operate private, nonprofit therapeutic wilderness camp(s).

(7) Operate residential infant care center(s).

(8) Operate family preservation center(s).

(9) Operate scholars residential center(s).

(10) Operate a child wellness campus.

(11) Recommend pre-adoptive infant foster homes for certification.

(12) Recommend family foster homes for certification.

(13) Recommend treatment foster homes for certification.

(14) Recommend medically fragile foster homes for certification.

(15) Participate in the placement of children in foster homes or for adoption.

(E) How long is an initial certificate valid?

An initial certificate is valid for at least four years or until a continuous certificate is issued, unless revoked.

(F) How can an agency obtain continuous certification status?

The agency is to apply in the Ohio comprehensive child welfare information system (Ohio CCWIS) no earlier than ninety days and no later than thirty days before the end of the fourth year of the initial certificate.

(G) What happens if an agency does not apply for continuous certification on time?

The agency's certificate will expire if it fails to apply by the end of the fourth year.

(H) Are there regional areas for residential facilities?

In accordance with section 5103.054 of the Revised Code, DCY will establish regions for residential facilities and determine the number of facilities needed in each region based on the number of children in foster care and the level of facility saturation.

(I) What happens if a region has more residential facilities than needed?

DCY may close an initial application for a specific address in a region that has reached saturation. This application could be resubmitted for another address in a different region.

(J) What happens if a region has fewer residential facilities than needed?

Applicants for residential facilities in identified regions will be prioritized for certification over the regions determined to be saturated. Other incentives or expedited processes will be considered as appropriate.

(K) For what reasons is DCY able to revoke or deny a certificate?

DCY can revoke or deny a certificate if the agency fails to comply with applicable Administrative Code rules. This process is found in rule 5180:2-5-07 of the Administrative Code.

(L) Can a certificate be transferred to another entity?

Certificates are not transferable.

(M) When can DCY inspect foster homes recommended by agencies?

During complaint investigations or reviews, DCY may conduct announced or unannounced inspections of foster homes recommended by agencies.

(N) Under what circumstances can an agency voluntarily terminate certification?

An agency can voluntarily terminate a certificate with written notice to DCY. DCY may deny a withdraw request if the agency is in the process of an enforcement action.

(O) What are the audit requirements for agencies?

(1) Audits are to be completed by a licensed public accounting firm following applicable American institute of certified public accountants (AICPA) auditing standards.

(2) Two years after initial certification, an agency is to submit a financial audit for the two most recent fiscal years. DCY may grant a one time extension of one hundred eighty days per review cycle.

(3) Two years after the initial audit is approved and every two years after the most recent audit approval, a PCPA or PNA is to submit an audit for the two most recent fiscal years it is possible for an independent audit to have been conducted.

(4) All independent audits are to demonstrate the agency operated in a fiscally accountable manner as determined by the department.

(5) This paragraph does not apply to PCSAs or local public entities.

(P) Where is an agency to post its certificate?

An agency is to post its certificate in a prominent place where visitors can view it.

(Q) Can an agency request certification for additional functions while operating on a temporary certificate?

Agencies cannot request certification for new or expanded functions while operating on a temporary certificate.

(R) When should an agency or staff member allow DCY access to an agency?

The agency is to allow access to relevant records, information, personnel, residential facility, residents, offices or areas of the agency.

Last updated April 7, 2026 at 7:49 AM

History

• Effective: April 6, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-04.1 Acceptance of accreditation in lieu of certification requirements.

(A) The department may consider an agency to have met a certification requirement if the agency can document to the satisfaction of the Ohio department of children and youth (DCY) that it has met a comparable requirement to be accredited by a nationally recognized accreditation organization.

(B) The agency requesting such consideration is to submit a written request to the department's licensing specialist at the time of application for initial certification or at application for continuous certification, with the following documentation:

(1) A copy of the certificate, license or award letter of accreditation.

(2) A copy of the written accreditation report.

(3) A copy of any corrective action plans and the approval from the accreditation organization of these plans.

(4) Specific documentation on which certification requirements are met by accreditation, including a copy of the standards met.

(C) If the accreditation organization does not have a comparable standard to a certification requirement, the agency is to meet the certification requirement.

(D) The acceptance of accreditation in lieu of a certification requirement is restricted to the accreditation period or if the accreditation critera changes, whichever occurs first. If DCY's requirements change regarding a previously approved crtiteria, the agency is to show how the change affects the previously approved criteria and if the criteria needs to be altered to comply with the new requirement.

(E) The acceptance of accreditation in lieu of a certification requirement rests solely at the discretion of DCY. The refusal of DCY to accept accreditation, in whole or in part, is to be final and is not to be construed as creating any rights to a hearing under Chapter 119. of the Revised Code.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-05 Agency appeal of findings of noncompliance.

(A) If the administrator or designee of an agency disagrees with any of the findings of noncompliance presented at an exit interview, the administrator or designee may submit an appeal, with supporting documentation, through the Ohio comprehensive child welfare information system (Ohio CCWIS) no later than ten business days following the agency receipt of the summary of findings of noncompliance. A licensing supervisor is to, if requested, arrange a meeting by phone or in person with the appellant prior to the review of the appeal. Upon the review of the appeal and the findings, the supervisor is to render a decision and explanation within ten business days. The decision of the licensing supervisor is to be final and does not entitle the agency to any hearing rights under Chapter 119. of the Revised Code unless the Ohio department of children and youth (DCY) initiates action to deny or revoke certification.

(B) Any form of retaliation by DCY employees against agency administrators, designee or employees of agencies, who make appeals regarding findings of non-compliance, is prohibited.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-06 Corrective action plans.

(A) An agency is to submit a corrective action plan for any finding of noncompliance cited by the Ohio department of children and youth (DCY) on a summary of noncompliance, through the Ohio comprehensive child welfare information system (Ohio CCWIS) within fifteen working days of the exit interview or of the receipt of an appeal decision pursuant to rule 5101:2-5-05 of the Administrative Code. An agency may take longer than fifteen days to submit the corrective action plan if the agency has requested and received an extension from DCY.

(B) A corrective action plan submitted by an agency pursuant to paragraph (A) of this rule is to specify:

(1) What the agency is going to do to correct an area of noncompliance.

(2) How noncompliance will be prevented in the future.

(3) Who in the agency will be responsible for the implementation of the corrective action plan.

(4) How the agency will document the corrective action plan has been implemented.

(C) The timeframe for implementation of all corrective action plans is to be no longer than thirty calendar days from the date DCY approves the corrective action plan unless more time is given by written approval of the appropriate licensing supervisor.

(D) When a corrective action plan is disapproved, the agency is to submit another corrective action plan to DCY within ten working days of receipt of the written notification that the corrective action plan was disapproved. The action of DCY to approve or disapprove a corrective action plan is to have no effect on the decision of DCY to deny or revoke an agency's certification.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-07 Denial, revocation or suspension of an agency's certificate or certification to perform specific functions; administrative closures.

(A) Under what conditions may an application for an agency certificate or certification to perform specific functions be denied or revoked?

An application may be denied or an existing certificate revoked for the following reasons:

(1) Failure to comply with applicable requirements of Chapter 5180:2-5 or other relevant chapters of the Administrative Code.

(2) Failure to comply with an approved corrective action plan for previously cited noncompliance.

(3) Providing misleading or false statements or false reports to the department.

(4) Refusing to admit onto its premises any person performing duties described in Chapter 5180:2-5 of the Administrative Code or other applicable chapters of the Administrative Code relevant to the intended or certified functions of the agency, state or federal law or regulations or municipal ordinance.

(B) What due process must occur before the Ohio department of children and youth (DCY) denies or revokes a certification?

All actions of denial or revocation must occur by prior administrative hearing in accordance with Chapter 119. of the Revised Code.

(C) Can an agency's failure related to child safety lead to revocation or denial of certification?

Any act or omission resulting in death, injury, illness, abuse, neglect, or exploitation of a child may be grounds for denial or revocation. This includes failure to inform employees of their mandatory reporting duties under section 2151.421 of the Revised Code to report any knowledge or suspicion of any physical or mental abuse, sexual abuse or exploitation or neglect or threatened abuse or neglect of a child by any person, including another child, to the public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect has occurred or is occurring.

(D) Who does DCY notify when it proceeds with denial or revocation of an agency's certification?

(1) Title IV-E courts.

(2) Public children services agencies (PCSAs).

(3) Private child placing agencies (PCPAs).

(4) Any other persons or entities deemed necessary.

(E) What happens if a denial or revocation order is not upheld or is overturned on appeal?

DCY notifies all previously informed entities of the decision to overturn or not uphold the denial or revocation.

(F) What are the consequences for principals of an agency when its certificate is denied or revoked?

The agency and its principals become ineligible for any DCY certification for five years from the effective date of the denial or revocation or the exhaustion of all appeals, whichever is later.

(G) What constitutes a "principal" of an agency?

A principal includes the agency's administrator(s) or designee, director(s), owners, partners, or governing body members.

(H) Under what circumstances may DCY administratively close an agency's application?

DCY may close an application for the following reasons:

(1) Failure to provide an address change.

(2) Loss of contact after thirty days.

(3) Ineligibility under the five-year ban.

(4) Failure or refusal to submit policy statements, application materials, plans or reports requested by DCY within the necessary time frames.

(I) Is administrative closure subject to a hearing under Chapter 119. of the Revised Code?

Administrative closures are not subject to administrative hearing rights.

(J) When can DCY suspend an agency's certificate?

DCY may suspend a certificate if DCY determines that any of the following have occurred:

(1) A child dies or suffers a serious injury while placed or residing with the agency, including a foster home.

(2) A PCSA receives a report pursuant to section 2151.421 of the Revised Code and no additional review or appropriate action is taken by the agency to ensure safety of the children, and the person alleged to have inflicted abuse or neglect on the child who is the subject of the report is any of the following:

(a) A principal of the agency.

(b) An employee or volunteer of the agency who has not immediately been placed on administrative leave or released from employment.

(3) One of the following is charged by an indictment, information, or complaint with an offense relating to the death, injury, abuse, or neglect of a child and no additional review or appropriate action is taken by the agency to ensure the safety of the children:

(a) A principal of the agency.

(b) An employee or volunteer of the agency who has not immediately been placed on administrative leave or released from employment.

(4) DCY, the recommending agency, a PCSA, or a county department of job and family services determines that a principal, employee, or volunteer of the agency, created a serious risk to the health or safety of a child placed therein that resulted in or could have resulted in a child's death or injury.

(5) DCY determines that the owner of the agency does not meet the requirements of section 2151.86, 5103.0310, or 5103.053 of the Revised Code.

(6) For the purpose of this rule, serious risk means any situation that poses a significant threat of serious harm to a child's health or well-being, including but not limited to:

(a) Circumstances that could cause physical injury requiring professional medical attention.

(b) Circumstances that could result in long-term impairment.

(c) Circumstances that indicate the possibility of non-accidental trauma or neglect.

(7) For the purpose of this rule, serious injury means any physical injury to a child that substantially impairs the child's health or physical well-being and requires professional medical attention. Serious injury includes but is not limited to:

(a) Injuries likely to result in long-term impairment.

(b) Injuries that indicate non-accidental trauma or neglect.

(K) What happens if an agency's certificate is suspended?

(1) An agency is not to have children placed while a suspension remains in effect. Upon the issuance of the order of suspension, DCY will place a hold on the certificate or indicate that the certificate is suspended in the Ohio comprehensive child welfare information system (Ohio CCWIS).

(2) Upon receipt of a written suspension order from DCY, delivered either by signature required service or in person, the suspension is in effect immediately and any children placed at the address currently under suspension are to be removed within forty-eight hours. The custodian of a child placed at the agency is to ensure a suitable placement for the child is made by, or in coordination with, the certified agency. Refusal of delivery by personal service or by mail is not failure of delivery and service shall be deemed to be complete.

(L) Can the agency request a review of the decision to suspend the license?

The agency may request an adjudicatory hearing before DCY pursuant to sections 119.06 to 119.12 of the Revised Code.

(M) How long will the certificate be suspended?

The suspension will remain in effect until any of the following occurs:

(1) The PCSA completes its investigation pursuant to section 2151.421 of the Revised Code and determines that all of the allegations are unsubstantiated.

(2) All criminal charges are disposed of through dismissal or a finding of not guilty.

(3) Pursuant to Chapter 119. of the Revised Code, DCY issues a final order terminating the suspension.

Last updated March 5, 2026 at 7:50 AM

History

• Effective: March 5, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-08 PCPA and PNA governance and administration.

(A) A private child placing agency (PCPA) or private noncustodial agency (PNA) is to have an identified governing body responsible for establishing policies and assuring the effectiveness and efficiency of the PCPA or PNA in achieving its purposes. A local public entity that is not a public children services agency (PCSA) is to identify in writing to the Ohio department of children and youth (DCY) how the requirements of this rule are met by the local public entity, even if the local public entity does not have a governing body. The duties of the governing body include the following:

(1) Hiring an administrator who meets the minimum qualifications pursuant to rule 5101:2-5-09 of the Administrative Code.

(2) Annually evaluating the performance of the agency's administrator in writing.

(3) Assuring the PCPA's or PNA's compliance with requirements of the Administrative Code as applicable to the PCPA's or PNA's certified functions.

(4) Reviewing, approving and monitoring a written annual budget for the PCPA or PNA. The budget is to ensure funding to provide services relevant to all certified functions and detail anticipated income and expenditures.

(5) Authorizing, reviewing and submitting an audit, if one is required pursuant to rule 5101:2-5-03 of the Administrative Code. This provision does not apply to a local public entity that is not a PCSA.

(6) Conducting an annual review of the PCPA's or PNA's written policies relevant to the agency's certified functions.

(B) The governing body of a PCPA or PNA is to identify the names and current addresses of:

(1) Board members.

(2) Current officers of the board.

(3) Partners or principal owners of any association, partnership or other arrangement under which the board has been established or operates.

(C) A PCPA or PNA is to submit a copy of any proposed articles of incorporation or amendments to DCY prior to filing them with the secretary of state pursuant to section 5103.04 of the Revised Code.

(D) A PCPA or PNA is to have an office located within the state.

(E) The minutes of all governing body meetings are to be maintained at the PCPA or PNA in an organized, permanent and current manner and are to include, at a minimum:

(1) Dates of meetings;

(2) Names of those governing body members present; and

(3) Issues discussed and actions taken.

(F) A PCPA or PNA is to compile and maintain a current written table of organization.

(G) A PCPA or PNA is not to permit funds to be paid or committed to be paid to any corporation, firm, association or business in which any of the members of the governing body of the agency, the executive personnel or their immediate families have any direct or indirect financial interest, or in which any of these persons serve as an officer or employee, unless the services or goods involved are provided at a competitive cost or under terms favorable to the PCPA or PNA. The PCPA or PNA is to make a written disclosure, in the minutes of the board, of any financial transaction of the PCPA or PNA in which a member of the board or his/her immediate family is involved.

(H) A person who is employed by a PCPA or PNA certified under this chapter or any person who is a member of the governing body is not to be eligible to vote on or participate in the decision making process with respect to any matter or issue in which he/she could benefit financially or materially.

(I) A PCPA or PNA is to have a written mission statement and a description of its programs.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-09 Personnel requirements.

(A) An agency, as defined in rule 5101:2-1-01 of the Administrative Code, is to have written descriptions specific for each position or group of positions within the agency's certified function for all college interns, volunteers, and employees.

(B) An agency is to hire qualified employees to provide the services which it is certified to provide.

(1) The person employed as the administrator of the agency is to possess at least a bachelor's degree from a college or university accredited by a nationally recognized accrediting organization and other qualifications and experience as determined by the governing body in writing.

(2) An agency is to assure that all staff hired or who are under any personal service contract who are required by law to possess any professional license or certification are so licensed or certified.

(3) Persons employed in positions responsible for the daily direct care or supervision of children is to be at least twenty-one years of age and possess a high school diploma or equivalency certificate. As an alternative to the educational requirement such persons is to have at least one year of full-time equivalent paid or volunteer experience in the direct provision of care to children.

(C) In those instances when an employee is responsible for varied job responsibilities and, as such, falls within more than one category of paragraph (B) of this rule, such employee is to meet those qualifications which are the most rigorous among the competing criteria.

(D) A residential facility is to require a JFS 01390 "ODJFS Medical Statement for Child Care Staff in Residential Facilities" to be completed by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife within six months prior to employing any child care staff who will have direct contact with children.

(E) An agency is to, at its own discretion or at the request of the Ohio department of job and family services (ODJFS), require an employee or prospective employee to provide reports on the individual's physical or mental health from qualified professionals when the individual exhibits signs of a physical or mental health problem which might impair the individual's ability to ensure the health and safety of children.

(F) To determine whether a prospective employee is qualified to be hired , all required background checks shall be conducted pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(G) An agency is to have a separate personnel file for each employee which is to include at a minimum:

(1) The employee's application for employment.

(2) A copy of the employee's current job description.

(3) A copy of each job evaluation performed.

(4) A copy of all medical records obtained.

(5) Documentation of all training received, including specific training for and an annual review of acceptable methods of restraint, if applicable.

(6) Copies of all professional credentials, licenses or certifications related to the position of employment.

(7) Copies of all disciplinary actions involving the employee.

(8) The employee's date of hire and termination if applicable.

(9) The bureau of criminal investigation (BCI) and federal bureau of investigation (FBI) criminal records check results required by rule 5101:2-5-09.1 of the Administrative Code and, if applicable, documentation that the rehabilitation requirements have been met.

(10) Any notification of charges of any criminal offense brought against the employee and any notification of conviction of any criminal offense.

(11) Copies of all educational degrees, diplomas or equivalency certificates.

(12) Copies showing proof of a valid driver's license and current automobile insurance, if the staff member will be utilizing his or her own vehicle when transporting children.

(H) Personnel files for each employee is to be maintained for at least five years after the date of employment ends.

(I) Nothing in this rule is to apply to a foster caregiver who is subject to the provisions of Chapter 5101:2-7 of the Administrative Code.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: April 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-09.1 Background checks for college interns, subcontractors, volunteers, employees, board presidents, officers, administrators and foster caregivers.

(A) Types of background checks:

(1) Bureau of criminal investigation (BCI) records pursuant to section 2151.86 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 2151.86 of the Revised Code. This check is to be completed for all initial checks and optional thereafter.

(3) National sex offender registry. The website is located at: https://www.nsopw.gov/.

(4) Ohio statewide automated child welfare information system (Ohio SACWIS) records for alleged perpetrator.

(B) If an individual previously resided in a state other than Ohio:

(1) Whenever an employee, subcontractor, intern, volunteer, a prospective foster caregiver or any other person eighteen years of age or older who resides with a prospective foster caregiver has resided in another state within the five-year period immediately prior to the date on which a criminal records check is requested for the person under paragraph (A) of this rule, the agency is to request a check of the central registry of abuse and neglect of this state.

(2) Any information received from other states will be reviewed and considered by the agency as part of the background check review.

(C) Background checks are to be completed for the following:

(1) An employee of a private child placing agency (PCPA), private noncustodial agency (PNA) or a local public entity (LPE).

(2) A board president, administrator or officer of a PCPA, PNA or LPE.

(3) Staff of a residential center operated by a public children services agency (PCSA).

(4) A college intern, subcontractor or volunteer.

(5) A foster care applicant or caregiver.

(6) All household members eighteen years of age or older in a foster care applicant or caregiver's home.

(D) A PCPA, PNA, residential center operated by a PCSA or LPE is to also conduct a background check of the following for each board president, administrator or officer:

(1) A certified search of the findings for recovery database. The website is located at: http://ffr.ohioauditor.gov/.

(2) A database review at the federal website known as the system for award management. The website is located at: https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf.

(E) The agency may refuse to hire or appoint a person as a board president, administrator or officer as follows:

(1) Based solely on the findings of the summary report as described in paragraph (A)(4) of this rule or the results of the search described in paragraph (A)(3) of this rule.

(2) Based on the results of the certified search or database review as described in paragraphs (D)(1) and (D)(2) of this rule.

(F) Timeframes for completion of background checks.

(1) For BCI and FBI records:

(a) At application for a foster caregiver and household members.

(b) Prior to the first day of employment for board president, administrator, officer or prospective employees of a PCPA, PNA or LPE.

(c) Prior to the first day of work for a college intern, subcontractor or volunteer.

(d) Every four years from the completed date of the most recent BCI records check for:

(i) A foster caregiver, or adult household member in a foster caregiver's home.

(ii) A college intern, subcontractor or volunteer.

(iii) A board president, administrator, officer, or employee of a PCPA, PNA, residential center operated by a PCSA or LPE.

(e) For a minor household member in a foster caregiver's home, within thirty days from when the minor turns eighteen years old and every four years thereafter. The agency may conduct a check sooner than four years after the initial check in order to align the timeframe with the other household members.

(2) For all background checks other than BCI or FBI:

(a) For a foster caregiver and household members, at application and every four years thereafter.

(b) Prior to the first day of employment for board president, administrator, officer or prospective employees of a PCPA, PNA, residential center operated by a LPE.

(c) Prior to the first day of work for a college intern, subcontractor or volunteer.

(d) For a minor household member in a foster caregiver's home, the request is to be made within thirty days from when the minor turns eighteen years old and every four years thereafter. The agency may conduct a check sooner than four years after the initial check in order to align the timeframe with the other household members.

(3) Agencies may conditionally appoint or hire a person, pending receipt of background check results, based on the following conditions:

(a) The agency made the request for all necessary background checks as described in this rule.

(b) Stipulations of conditional appointment or employment:

(i) The individual's work location is at a different address than the child care institution. The individual is limited to training completed off-site or virtually. A child care institution is a private, or public child care institution which accommodates no more than twenty-five children and is certified by the Ohio department of children and youth (DCY).

(ii) The individual does not have contact with or access to children who are under the care and control of the DCY certified agency.

(iii) The individual does not have access to the children's records.

(iv) The conditional employment is not to exceed sixty days.

(v) If results of any pending background checks listed in paragraph (A) of this rule have not been received within sixty days, the agency is to terminate the individual's appointment or employment.

(G) Process for obtaining a criminal background check. The agency is to:

(1) Submit fingerprints manually or electronically according to the process established by BCI. Information on how to obtain a background check can be found at https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.

(2) Pay to BCI the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted.

(3) The agency may charge a person subject to a criminal records check, a fee for the costs incurred in obtaining a criminal records check. Pursuant to division (D) of section 2151.86 of the Revised Code, a fee charged by the agency is not to exceed the fee paid by the agency to BCI. If a fee is charged, the agency is to notify the person at the time of initial application of the amount of the fee and that, unless the fee is paid, the person will not be considered for appointment, employment or certification as a foster caregiver.

(H) If an individual fails to complete the full background check determination process:

(1) The foster care applicant is to be denied certification pursuant to rule 5101:2-5-26 of the Administrative Code.

(2) The foster caregiver certification is to be revoked pursuant to rule 5101:2-5-26 of the Administrative Code.

(3) The intern, volunteer, subcontractor, employee, board president, administrator or officer of a residential center operated by a PCSA, PCPA, PNA or LPE is to be denied a position with the agency.

(I) An individual will be ineligible to be a foster caregiver with any agency, or a college intern, subcontractor, volunteer, employee, board president or administrator of a PCPA, PNA, residential center operated by a PCSA or LPE if any of the following are applicable:

(1) A conviction or guilty plea to an offense listed in division (A)(4) of section 109.572 of the Revised Code, unless the individual meets the rehabilitation criteria in appendix C to this rule for a foster care applicant, a foster caregiver and household members of a foster care applicant or foster caregiver's home or appendix D to this rule for a college intern, subcontractor, volunteer, employee, board president or administrator of a PCPA, PNA, residential center operated by a PCSA or LPE.

(a) Section 109.572 of the Revised Code specifies that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b) A conviction of or a plea of guilty to an offense listed in division (A)(4) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon to which all conditions have been performed or have transpired.

(2) Being registered or obligated to be registered on the national or state sex offender registry or repository.

(J) Ohio SACWIS alleged perpetrator search.

(1) For any college intern, subcontractor, volunteer, employee, board president or administrator of a PCPA, PNA, or residential center operated by a PCSA or LPE, the agency is to conduct an alleged perpetrator search pursuant to section 5103.0310 of the Revised Code. The individual is ineligible if:

(a) They have a substantiated finding within the last ten years.

(b) They have had a child removed from their home in the last ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by that specific person.

(c) While employed or working, they are identified in Ohio SACWIS as the perpetrator for a substantiated finding of child abuse or neglect.

(2) For any foster caregiver applicant, foster caregiver or any adult household member of an applicant's or caregiver's household, the agency is to conduct an alleged perpetrator search pursuant to section 5103.18 of the Revised Code.

(K) The recommending agency is to evaluate if the foster home should continue to be recommended for certification or be recommended for denial or revocation of certification when a person who is certified as a foster caregiver, or is a household member in a certified caregiver's home is convicted of any offense listed in appendix A to this rule.

(1) The evaluation is to begin within five days of the agency's knowledge of the person's conviction, be completed within thirty days, and be documented in the foster home's record.

(2) At a minimum, the provisions of paragraph (L) of this rule is to be considered in the evaluation.

(3) This requirement is also to be applicable for any adult who resides with a foster caregiver upon conviction of any offense listed in appendix A to this rule.

(L) The evaluation specified by paragraph (K) of this rule is to include, at a minimum:

(1) Whether there are children currently placed in the foster home and the impact of disruption on the children if moved.

(2) Whether rehabilitation of the individual had to be considered for initial certification.

(3) The length of time of certification prior to this conviction.

(4) The factors outlined in appendix C to this rule.

(M) Rehabilitation criteria for criminal offenses. Unless specifically disqualified in appendix A or appendix B to this rule:

(1) A foster caregiver or an adult resident of the foster caregiver's household is to meet all of the rehabilitation conditions in appendix C to this rule.

(2) An employee, board president or administrator of a PCPA, PNA, residential center operated by a PCSA or LPE is to meet all of the rehabilitation conditions in appendix D to this rule.

(N) It is the individual's duty to provide written verification that the rehabilitation criteria specified in paragraph (M) of this rule are met. If the individual fails to provide proof or if the agency determines that the proof offered by the individual is inconclusive or insufficient, the person is not to be certified as a foster caregiver or hired by the agency. Any doubt is to be resolved in favor of protecting the children the agency serves.

View AppendixView AppendixView AppendixView Appendix

Last updated July 31, 2026 at 3:34 PM

History

• Effective: December 15, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-10 Child records.

(A) An agency providing twenty-four hour out-of-home care for a child shall maintain a case record for each child in out-of-home care which shall include but not be limited to the documentation as required by Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-38, 5101:2-39, 5101:2-42, and 5101:2-48 of the Administrative Code, as applicable to the certified function of the agency, for at least five years after discharge.

(B) All written documentation required by the rules referenced in paragraph (A) of this rule may be maintained at a central office location except that a copy of each child's current service plan, an annually updated color photograph, and current medical records shall be kept on the premises of the agency office providing services to the child or at the residential facility in which the child is placed.

(C) An agency that holds custody of a child and places the child in a residential facility or foster home operated by or recommended for certification by another agency shall provide to the agency copies of all medical, social, legal, educational or other data within fifteen days of placement or upon request of the agency.

Last updated August 10, 2026 at 1:01 PM

History

• Effective: February 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-11 Complaint handling.

(A) The Ohio department of children and youth (DCY) may begin an investigation if either of the following apply:

(1) DCY has knowledge of rule noncompliance or receives a complaint alleging that an agency is in violation of any of the requirements of the Administrative Code relative to the functions performed by the agency.

(2) A person or organization is operating a function that requires certification pursuant to rule 5101:2-5-03 of the Administrative Code without a certificate.

(B) Whenever DCY receives any report concerning the operation of an agency that alleges child abuse or neglect has occurred or is occurring, DCY will immediately refer the report to the appropriate public children services agency.

(C) At the commencement of a site investigation of a complaint, other than an abuse or neglect investigation, DCY will contact the administrator or designee of the agency and explain the nature of the complaint.

(D) An agency is to cooperate with DCY in the investigation of any complaint and with the implementation of any required corrective action plans whenever an investigation finds a violation of the requirements of the Administrative Code as applicable to the functions performed by the agency.

(E) Upon completion of the investigation of a complaint, DCY will conduct an exit interview with the administrator or designee. The purpose of the exit interview is to inform the administrator of the findings of the investigation. Any areas of noncompliance will be presented in writing on a citation of noncompliance and explained to the administrator or designee during the exit interview. The signature of the administrator or designee on the citation is to signify only that the administrator or designee has received the citation.

(F) No agency is to recommend denial or revocation of a foster home certificate or discharge, demote, suspend, reduce board payments to a foster home, or threaten to recommend denial or revocation of a foster home certificate, discharge, demote, suspend, or in any manner discriminate against any foster caregiver or employee based on the foster caregiver or employee taking any of the following actions:

(1) Making any good-faith oral or written complaint to DCY regarding a violation of any Administrative Code rules applicable to the functions performed by the agency.

(2) Instituting or causing to be instituted any proceeding against the agency under this chapter.

(3) Acting as a witness in any proceeding under this chapter.

(4) Refusing to perform work that constitutes a violation of any Administrative Code rule applicable to the agency's certified functions.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-13 Required agency policies, plans and procedures.

(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.

(c) Specific strategies to reach all parts of the community as defined by the agency.

(d) Strategies for assuring that prospective foster caregivers have access to the application process, including the flexibility of service to the community served by the agency.

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

(f) Strategies for dealing with linguistic barriers.

(g) Procedures for a timely search for foster caregivers, including the use of interagency efforts, provided that such procedures ensure that placement of a child in an appropriate household is not delayed by the search for a same race or ethnic placement.

(h) A statement of assurance that all foster caregiver recruitment activities and materials shall be in compliance with MEPA and Title VI, the Indian Child Welfare Act of 1978, 25 U.S.C. 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.

(c) Investigations of abuse and/or neglect involving a child living in a foster home.

(9) Each recommending agency shall establish and implement a policy regarding good cause for a foster caregiver's failure to complete the continuing training in accordance with rule 5101:2-5-33 of the Administrative Code. If the foster caregiver complies with the policy, as determined by the agency, ODJFS may renew the foster caregiver's foster home certificate. The agency shall submit the policy to the department and provide a copy to each foster home the agency recommends for certification or renewal.

The policy shall include all of the following:

(a) What constitutes good cause, including documented illness, critical emergencies, and lack of accessible training programs.

(b) Procedures for developing a scheduled corrective action plan that provides for prompt completion of the continuing training.

(c) Procedures for recommending revocation of the foster home certificate if the foster caregiver fails to comply with the corrective action plan.

(10) An agency operating a specialized foster home program shall have a written policy on the operation of the specialized foster home program which shall comply with the requirements of rules 5101:2-5-36, 5101:2-5-37, 5101:2-7-16, and 5101:2-7-17 of the Administrative Code, as applicable. The policy shall specify:

(a) The hierarchy of the program including:

(i) The number of treatment team leaders each supervisor is responsible for providing supervision.

(ii) The specific number of treatment and medically fragile foster children for which each treatment team leader shall be responsible for providing case management services.

(b) How the agency will determine the equivalent experience required by paragraph (A) of rule 5101:2-7-16 of the Administrative Code and rule 5101:2-7-17 of the Administrative Code, as applicable.

(11) An agency operating a specialized foster home program shall have a written policy that provides for access to both planned and crisis respite care, the amount to be determined on a case-by-case basis, for children in the program's care. The respite care policy shall include, but is not limited to, the following provisions:

(a) Utilization of respite care shall be only with the approval of the administrative director of the specialized foster care program or his or her designee.

(b) A process for the specialized foster care program to select and approve respite care providers.

(c) Only approved respite care providers shall be utilized.

(d) An approved respite care provider, who is not certified as a foster caregiver or specialized foster caregiver, shall receive at least twelve hours of orientation and training relevant to the children served by the specialized foster care program and have a criminal record check conducted as for a foster caregiver pursuant to rule 5101:2-5-09.1 of the Administrative Code prior to providing respite care.

(e) A respite care provider shall not provide respite care for children for more than two consecutive weeks unless the provider is certified as a specialized foster caregiver.

(f) Prior to each occasion of respite care, the recommending agency shall provide the respite care provider with a copy of the JFS 01443 "Child's Education and Health Information" or the form the agency uses in lieu of the JFS 01443 completed for the child pursuant to rule 5101:2-38-08 of the Administrative Code as part of his case plan and at least a written summary of the child's service plan and any information required to be shared with a foster caregiver by rule 5101:2-42-90 of the Administrative Code. In addition, for a medically fragile child, any nursing treatment plan containing physician orders shall be provided. The information required by this paragraph shall be provided to the respite care provider by the agency that has approved the respite care provider. Documentation that this has been done shall be maintained in the child's case record by the agency that approved the respite care provider.

(g) For each occasion of respite care, a respite care provider shall provide a written report of the child's stay in respite care to the specialized foster caregiver.

(h) A respite care provider for a medically fragile child shall be certified as a foster caregiver for medically fragile children or be a licensed medical professional.

(12) An agency operating a specialized foster home program shall have a written policy, outlining procedures for matching children with specialized foster caregivers, that ensures consideration of the child's needs, the capabilities of the specialized foster caregiver, and family-centered, neighborhood-based practices.

(13) An agency operating a specialized foster care program shall have a written policy to assure that all children in specialized foster care and all specialized foster caregivers and their families affiliated with the program shall have access to crisis counseling, arranged by the program, for issues or problems caused by a specific incident related to a child receiving treatment within the caregiver's home, including the death or hospitalization of a child.

(14) An agency which is certified to operate a residential facility, a treatment foster care program, or a medically fragile foster care program shall be responsible for developing and implementing a behavior intervention policy which includes a description of the facility's behavior management program. The behavior intervention policy shall, at a minimum, contain the following components:

(a) A detailed description of the full range of behavior intervention procedures (intervention that is the least intrusive and least disruptive to the child, positive behavioral interventions, prompted relaxation, time out, physical restraints, supervised restraint, and isolation) or combination of procedures employed, including operational details of the interventions themselves and a definition of each behavior intervention.

(b) The use of restrictive behavior interventions, behavior management techniques or aversive procedures and identification of instances in which such procedures may be contraindicated.

(c) Procedures for carrying out these provisions consistent with the needs of children with disabilities.

(d) A description of the credentials of the personnel involved in designing, approving, implementing, monitoring and supervising the implementation of the behavior interventions.

(15) An agency which is certified to operate a residential facility shall have a written policy on the use of alcohol, tobacco and tobacco products by staff and children within such facilities which shall conform to, but is not limited to, the requirements of rule 5101:2-9-06 of the Administrative Code. No residential facility shall use alcohol, tobacco or tobacco products to influence or control the behavior of a child.

(16) An agency which is certified to operate a residential facility shall have a written admissions policy specifying the type of child who will be accepted into the facility and the conditions under which a child would not be accepted.

(17) An agency 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.

(c) Procedures for handling staff grievances.

(d) Salary and fringe benefit plan.

(e) A requirement for an employee that he shall notify the agency within twenty-four hours of any charge of any criminal offense that is brought against him. This policy shall also contain a provision that:

(i) Failure to notify the agency within twenty-four hours of any charge of any of the crimes listed in rule 5101:2-5-09 of the Administrative Code shall result in immediate dismissal from employment.

(ii) If the charges result in a conviction, the employee shall notify the agency within twenty-four hours of the conviction. Failure to notify the employer of any conviction of any criminal offense shall result in the employee's immediate dismissal from employment.

(iii) Conviction of any of the crimes listed in rule 5101:2-5-09 of the Administrative Code while in the employ of the agency shall result in immediate dismissal from employment with the agency.

(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.

(c) Effective medication monitoring for the children placed in care.

(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 5180:2-5-13.1 Disaster preparedness plan requirements.

(A) A public children services agency (PCSA), private child placing agency (PCPA), private non-custodial agency (PNA), and any residential facility is to create, in writing, a disaster preparedness plan and include this plan in its agency policy. All residential facilities are to comply with this rule in addition to rule 5101:2-9-07 of the Administrative Code.

(B) A PCSA, PCPA, PNA or residential facility is to submit its plan to the Ohio department of children and youth (DCY) at any of the following times:

(1) At the time of application for initial certification.

(2) Upon review of PCSA foster home records.

(3) Within ten days of a foster care policy change that would have an effect on the disaster preparedness plan.

(C) The following areas are to be addressed in a PCSA or a PCPA disaster preparedness plan:

(1) Identification of essential personnel needed for the operation of the agency.

(2) Alternative physical work location including provisions for temporary work sites.

(3) Communication plan for agency staff, substitute caregivers, and other critical team members with or without e-mail, internet, the Ohio comprehensive child welfare information system (Ohio CCWIS) or telephone access.

(4) Identification of essential work activities that need to continue in order to ensure the safety of children, support caregivers and service providers.

(5) Procedures for handling new reports of child maltreatment if the agency is responsible for responding to reports concerning children.

(6) Procedures for tracking clients and substitute caregivers with or without Ohio CCWIS or other technical system in place.

(7) Continuity of services to families receiving in-home supportive services.

(8) Continuity of services to children in substitute care and kinship care placements.

(9) Maintenance and security of agency records not included in Ohio CCWIS including soft copies stored in other software applications and hard copies.

(10) Maintenance and security of court records for child protective services cases and PCPA adoption court records.

(11) Coordination of services with law enforcement, hospitals/medical providers or other disaster response agencies for the following:

(a) Children in agency custody.

(b) Children with no known or available parent, guardian or custodian.

(12) Working with emergency shelters for the following:

(a) Staff training in disaster preparedness.

(b) Coordination of services for children and families in emergency shelters (physical location; shared responsibilities).

(c) Volunteers.

(13) Plans of cooperation/memoranda of understanding with another agency which, at a minimum, would address duties and requirements.

(D) The following areas are to be addressed in a disaster preparedness plan for a PNA or any residential facility including those residential facilities operated by a PCPA or PCSA:

(1) Identification of essential personnel needed for the operation of the agency.

(2) Identification of an alternative physical work location including provisions for temporary work sites.

(3) Communication plan for agency staff, substitute caregivers, and other critical team members with or without e-mail, internet, Ohio CCWIS or telephone access.

(4) Identification of essential work activities that need to continue in order to ensure child safety and support caregivers, youth and service providers, and facility staff, if applicable.

(5) Procedures for tracking clients and substitute caregivers.

(6) Continuity of services to children in substitute care.

(7) Maintenance and security of agency records.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-14 Treatment or diagnostic services.

(A) An agency shall inform the individual or agency that placed a child in out of home care of any of the following services:

(1) If the child needs treatment for non-routine mental health, medical, dental, or vision care and this treatment is not included in the current case plan.

(2) If the child needs diagnostic services for non-routine mental health, medical, dental, or vision care and this diagnostic service is not included in the current case plan.

(B) If an agency does not directly employ or contract with a vendor for treatment or diagnostic services, the agency shall arrange with the custodial agency or individual for the provision of these services.

(C) Any treatment or diagnostic services provided to any child pursuant to this rule shall be documented in the child's case record required pursuant to rule 5101:2-5-10 of the Administrative Code.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: April 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-15 Volunteers, interns and subcontractors.

(A) Volunteers, subcontractors or interns whose duties include any of the same general duties as child care staff shall be trained in the mission of the out-of-home care setting to which they are assigned.

(B) An agency is to ensure a volunteer, intern or subcontractor complies with the background check requirements of rule 5101:2-5-09 of the Administrative Code.

(C) Volunteers, subcontractors or interns whose duties include any of the same general duties as child care staff shall:

(1) Receive training pursuant to rule 5101:2-9-03 of the Administrative Code.

(2) Be supervised by agency staff.

(3) Participate in at least monthly face-to-face supervisory conferences.

(D) Volunteers, subcontractors or interns shall be given a specific written job description delineating the functions to be performed.

(E) An agency shall not use volunteers, subcontractors or interns as a replacement for or in lieu of paid staff. Volunteers, subcontractors or interns shall not be counted to meet required staff ratios as required by rule 5101:2-9-02 of the Administrative Code.

(F) An agency which accepts interns shall have a written agreement with each school placing students. This agreement shall, at a minimum, include:

(1) A statement of the student's role and responsibilities.

(2) A description of the minimum qualifications the student must possess.

(3) A statement outlining the respective supervisory and evaluation responsibilities of the agency and the placing school.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: April 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-16 Consideration to be given to child's religion, beliefs and practices.

(A) Every child has the right to enjoy freedom of thought, conscience, and religion. An agency shall demonstrate consideration for, and sensitivity to, the religious background of a child in out-of-home care and of families receiving agency services.

(B) Opportunity shall be provided each child in out-of-home care for practicing the chosen religious beliefs and faith of the child or his family, including dietary restrictions due to beliefs, unless it is determined and documented in the child's case plan by the custodial agency that practicing the child's or family's chosen religious beliefs and faith is not in the child's best interests.

(C) A child may be encouraged to participate in religious activities, but is not to be coerced to do so.

(D) An agency shall not require a child in an out-of-home care setting to receive non-emergency medical treatment that conflicts with the religious tenets or practices of the religion of the child or parent without the specific written consent of the parent, guardian or custodian.

(E) When a child in an out-of-home care setting requires emergency medical treatment and such treatment conflicts with the religious tenets or practices of the child, parent, guardian or custodian, the out-of-home care setting shall immediately transport or arrange for the transportation of the child to a medical facility and contact the custodial agency or the individual who placed the child.

Last updated August 10, 2026 at 1:01 PM

History

• Effective: February 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-17 Discharge summary.

(A) When a child is planned to be or is discharged from a specialized foster home, the agency shall prepare a written discharge summary. The discharge summary shall be prepared no earlier than thirty days before and no later than thirty days after the date of discharge. A copy of the discharge summary shall be maintained within the child's record and a copy shall be provided, no later than ten days after the discharge summary is completed, to the custodial agency which placed the child.

(B) The discharge summary required by paragraph (A) of this rule shall contain at a minimum:

(1) The reason for discharge.

(2) A summary of the child's adjustment and results of the placement.

(3) A brief summary of medical, dental, optical, and therapeutic services which were provided to the child.

(4) A list of the current prescription and nonprescription medications and any allergies to medications for the child.

(5) The name and official title or relationship of the person to whom the child was released.

(6) The new location of the child.

(7) Any recommendations for ongoing treatment, including the identification of service providers whenever possible.

(C) When a child is placed from a foster home into a respite care setting, a discharge summary is not required if the child is expected to return to the foster home when the period of respite care has ended.

(D) When a child is receiving pre-planned respite care services or is a short term direct placement on a recurring schedule addressed in the case plan, the discharge summary is required at six month intervals or at the conclusion of the service, whichever occurs sooner.

(E) A residential facility is to enter a discharge summary into the residential treatment information system (RTIS) no later than ten days after a child is discharged from the facility. A copy of the discharge summary is to be maintained within the child's record and a copy is to be provided, no later than ten days after the discharge summary is completed, to the custodial agency which placed the child, or to the parent, guardian or custodian in the case of a direct placement.

Last updated August 10, 2026 at 1:01 PM

History

• Effective: July 9, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-18 Waivers and Variances.

(A) What is the purpose of rule 5180:2-5-18 of the Administrative Code?

This rule outlines the conditions under which the Ohio department of children and youth (DCY) may grant waivers and variances to certain administrative requirements and procedures related to child welfare services. The requests are limited to Chapters 5180:2-1, 5180:2-5, 5180:2-7, 5180:2-9, 5180:2-38, 5180:2-42, 5180:3-7 and 5180:3-13 of the Administrative Code.

(B) What steps can an agency take if DCY denies the granting of a waiver?

The granting of a waiver is a discretionary act by DCY. A refusal to grant a waiver is final and does not entitle the requester to a hearing under Chapter 119. of the Revised Code.

(C) What types of entities or situations may request a waiver?

Waivers may be requested for:

(1) Relative foster homes for non-safety issues only, where relative means kin.

(2) Foster homes affected by a disaster or emergency that makes all or part of the home uninhabitable.

(3) Private, nonprofit therapeutic wilderness camps (PNTWC).

(4) Scholars residential centers.

(5) Child wellness campus.

(6) Crisis care facilities.

(7) Emergency shelter care facilities.

(8) Residential infant care centers.

(D) What are the requirements for submitting a waiver request?

The waiver request is to:

(1) Be in writing.

(2) Be time-limited not to exceed two years.

(3) Include sufficient documentation and justification.

(4) Indicate the specific time period for the waiver.

(5) Be limited to the items listed in appendix A to this rule for specified types of residential facilities.

(E) What is the waiver renewal process?

The agency is to submit a written request with documentation showing efforts to come into compliance and reasons for continued non-compliance. Waiver renewals are at DCY discretion.

(F) How should agencies request a waiver of administrative requirements?

Agencies are to use form DCY 01376 "Rule Waiver Request for Agencies, CRCs and Group Homes" and submit it to DCY.

(G) How should waivers related to foster homes or caregivers be requested?

Waiver requests are to be submitted through the Ohio comprehensive child welfare information system (Ohio CCWIS).

(H) How does the approval of one waiver affect future waiver decisions?

Approval of a waiver does not set a precedent for future waiver approvals or renewals.

(I) What happens to waivers approved before the effective date of this rule?

They remain in effect until they expire, unless the terms are violated or nullified by a situation or rule change.

(J) Are variances still allowed after October 1, 2011?

New variances are not permitted after October 1, 2011.

(K) What happens to variances approved before October 1, 2011?

They remain valid unless violated or nullified. DCY has sole discretion to rescind a variance, and rescission does not entitle the requester to a hearing.

View Appendix

Last updated April 7, 2026 at 7:49 AM

History

• Effective: April 6, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-20 Initial application and completion of the foster care homestudy.

(A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) acting as a representative of the Ohio department of children and youth (DCY) is to:

(1) Inform all individuals applying for an initial foster home certificate they can also be considered for adoption homestudy approval.

(2) Conduct a joint homestudy pursuant to the requirements contained in Chapters 5101:2-5, 5101:2-7 and 5101:2-48 of the Administrative Code resulting in the simultaneous approval of the applicant for:

(a) Foster care placement.

(b) Adoption homestudy approval.

(3) If the PCPA or PNA is not certified to recommend foster homes for certification and place or participate in the placement of children for adoption, then the agency is to inform the individuals that a joint homestudy could be conducted simultaneously by another agency that is certified for both functions.

(B) The PCSA, PCPA, PNA, or court is to ensure that employees or persons under contract with the agency to perform assessor duties comply with the following requirements:

(1) The assessor definition in rule 5101:2-1-01 of the Administrative Code.

(2) Rule 5101:2-48-06 of the Administrative Code.

(3) Section 3107.014 of the Revised Code.

(C) To avoid a conflict of interest, or the appearance of any conflict of interest, an assessor is to not perform any assessor duties for any of the following persons:

(1) Him or her self.

(2) Any person who is a relative of the assessor.

(3) Any agency employee for whom the assessor has any supervisory responsibility.

(4) Any agency employee who has any supervisory responsibility for the assessor.

(D) To avoid a conflict of interest, or the appearance of any conflict of interest:

(1) The agency administrator and a relative of the agency administrator is not to be certified as a foster caregiver by the agency with which the administrator is employed.

(2) A member of the agency's governing body and a person known to the agency as a relative of the agency's governing body is to not be certified as a foster caregiver by the agency with which the member is associated.

(3) Foster care inquiries from anyone mentioned in this paragraph wishing to be certified foster caregivers are to be referred to another recommending agency without such an appearance of a conflict of interest.

(4) An existing foster home certificate of any person referred to in paragraph (D) of this rule is to be transferred to another recommending agency except the foster caregiver may maintain the certificate and continue to provide care for any currently placed foster children placed in the home prior to January 1, 2008. This foster caregiver is to not accept any additional placements of foster children and shall transfer to another recommending agency within sixty days of the date the current foster children are no longer placed in the home.

(5) If the agency becomes aware a certified foster caregiver of the agency is a relative of the administrator or a relative of the agency's governing body, it is to initiate a transfer of the foster caregiver's certificate. The transfer is to be completed within sixty days of the discovery.

(E) A PCSA, PCPA or PNA may selectively recruit on the basis of the need for foster homes for specific types of children as specified in the agency's recruitment plan outlined in rule 5101:2-5-13 of the Administrative Code.

(1) The agency is not to consider the age, gender, sexual identity, sexual orientation, religion, or marital status of a family for whom the agency is conducting a homestudy in determining whether to recommend the applicant be certified as a foster caregiver or whether to place a child with the foster caregiver.

(2) The agency is not to consider the age, gender, sexual identity, sexual orientation, or religion of a child that may be placed with the foster caregiver in determining whether the applicant be certified as a foster caregiver or whether to place a child with the foster caregiver.

(3) The agency is not to discriminate in recommending an applicant for certification on the basis of disability in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (7/2014) and of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C., 1201 (8/1981).

(F) The agency is not to consider the race, color or national origin of a foster caregiver applicant to determine whether the applicant be certified as a foster caregiver or whether to place a child with the foster caregiver.

(1) As prohibited by the Multiethnic Placement Act, 42 U.S.C. 1996(b) (1996) (MEPA), agencies may not deny any person the opportunity to become a foster caregiver on the basis of race, color, or national origin of the person, or of any foster child or children involved.

(2) The agency is not to consider the race, color or national origin of a child that may be placed with the foster caregiver in determining whether the applicant be certified as a foster caregiver or whether to place a child with the foster caregiver.

(3) The agency may consider a child's race, color or national origin only in those cases it is determined acceptable pursuant to rule 5101:2-42-18.1 of the Administrative Code.

(G) A foster care applicant is to apply to be a caregiver with an agency through the Ohio comprehensive child welfare information system (Ohio CCWIS). This process is available to any person who is eighteen years of age, is a legal resident of the United States, resides in the state of Ohio and meets the specifications of the agency's recruitment plan pursuant to rule 5101:2-5-13 of the Administrative Code. If an applicant requests a JFS 01691 "Application for Child Placement," the agency may provide the applicant with a copy. The agency is to also provide, free of charge to an inquirer, a copy of Chapters 5101:2-5 and 5101:2-7 of the Administrative Code, or inform the inquirer how to access the rules electronically.

(1) If the person does not reside in the state of Ohio, an application for foster care is not to be considered until the person has established Ohio residency.

(2) If a person requests an application for child placement and an agency has reason to believe the person is not a legal resident of the United States, the agency is to request the person to provide a copy of the person's immigration document(s) issued by the bureau of immigration and customs enforcement of the U.S. department of homeland security allowing the person to reside in the United States. If the immigration document(s) provided by the applicant shows the person is a conditional permanent resident of the United States or is not a permanent United States resident, the application is not to be considered for foster care unless the applicant is being considered for placement of a specific child and the person is "kin" to the child as defined in rule 5101:2-1-01 of the Administrative Code.

(3) For the purpose of this rule, "legal resident of the United States" means a person who is a native-born or naturalized citizen of the United States or a person who presents credible evidence from the bureau of immigration and customs enforcement of the U.S. department of homeland security that the person is a permanent resident of the United States.

(4) If a foster care application is inactive in Ohio CCWIS for twelve months from the date of submission, the application may be invalidated as determined by the recommending agency. To be considered for certification, the applicant is to re-apply after an application has been invalidated.

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

(H) The agency is to use the JFS 01691 or Ohio CCWIS for all initial foster home applications.

(1) The agency is not to accept an incomplete application. An individual who submits an incomplete application will not have an opportunity for a hearing pursuant to Chapter 119. of the Revised Code.

(2) The agency is not to begin the homestudy assessment process prior to the receipt of a fully completed application signed by the applicant(s).

(3) If an adoptive applicant decides during the homestudy process to also become a certified foster caregiver, the homestudy documentation and training completed up to that point may be utilized as long as the documentation or training has not expired upon completion of the homestudy. Applicants are not to be required to duplicate documentation as a result of a new application date.

(4) Applications found to contain inaccurate or wrong information are to be denied pursuant to rule 5101:2-5-26 of the Administrative Code.

(5) The agency is to ensure an application be made in the full name of each adult member of a couple residing in the home, a single person, or each co-parent residing in the home.

(6) The agency is not to accept more than one application per household and shall not recommend certification of more than one foster home per household.

(I) The agency is to commence the homestudy assessment within thirty days after the date the agency receives a fully completed signed application.

(1) Commencement of a homestudy means, at a minimum, scheduling an appointment to interview the applicant or assuring the applicant is informed of the necessary materials needed for the assessor to complete the homestudy.

(2) An agency failing to commence a homestudy within thirty days after receiving the application is to document on the JFS 01673 "Assessment for Child Placement" the reason(s) the agency is unable to meet this requirement.

(J) The agency is to complete the homestudy within one hundred eighty days after the date the agency received the completed application. An agency failing to complete a homestudy within one hundred eighty days is to document on the JFS 01673 the reason(s) the agency is unable to meet this requirement.

(K) The following is necessary for the homestudy:

(1) An assessor is to conduct an in home, face to face interview with all members of the household based on his or her age and development. The interview with all members of the household may be a joint interview or separate individual interviews.

(2) The agency is to conduct criminal records checks for all persons subject to a criminal records check pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(a) The criminal records checks are to be completed and the results received by the agency prior to the agency recommending an applicant for certification.

(b) Except as provided in appendix C of rule 5101:2-5-09.1 of the Administrative Code, an agency is not to recommend a person be certified as a foster caregiver if the person or any adult member of the applicant's household has been convicted of any crime listed in appendix A to rule 5101:2-5-09.1 of the Administrative Code.

(3) The agency is to conduct all other background checks pursuant to rule 5101:2-5-09.1 of the Administrative Code prior to recommending an applicant for certification.

(4) A physical exam and a JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" are to be completed by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife within one year prior to the recommendation for certification for the applicant. All household members are to complete a JFS 01653.

(a) Any written documentation of a physical examination is to be completed by the individual conducting the examination.

(b) The form is to document the applicant and all members of the household are free from any physical, emotional, or mental condition which would endanger children or seriously impair the ability of the household members to care for a foster child.

(c) The agency may ask an applicant or household member to secure and provide to the agency a report of an additional examination by a licensed physician, psychologist, or other certified or licensed professional if any of the following apply:

(i) The applicant or any household member has suffered a serious illness or injury within the past year.

(ii) It is determined to be necessary by the agency to ensure the safety, health, or care of any foster child who may be placed in the home of the applicant.

(5) Immunizations for homes certified after June 1, 2020.

(a) All children who are household members are to be up to date on immunizations consistent with the recommendations of the american academy of pediatrics, the advisory committee on immunization practices of the centers for disease control and prevention, and the american academy of family physicians, unless the immunization is contrary to the child's health as documented by a licensed health care professional or for reasons of conscience, including religious convictions.

(b) All household members in a home caring for infants and children with special medical needs are to have an annual influenza vaccine consistent with the recommendations of the advisory committee on immunization practices (ACIP), unless the immunization is contrary to the individual's health as documented by a licensed health care professional or for reasons of conscience, including religious convictions.

(c) All household members in a home caring for infants are to be up to date on the pertussis vaccine consistent with the recommendations of the ACIP, unless the immunization is contrary to the individual's health as documented by a licensed health care professional or for reasons of conscience, including religious convictions.

(d) Copies of the immunization records are to be placed in the file of the home.

(6) The applicant is to have an income sufficient to meet the basic needs of the household and to make timely payment of shelter costs, utility bills, and other debts. To show this, an applicant is to provide at a minimum:

(a) A completed JFS 01681 "Applicant Financial Statement".

(b) Proof of income for the household for the most recent tax year prior to the date of application.

(c) Proof of income for the household for a two month period. The verification of income is not to be dated more than six months prior to the agency's recommendation for certification.

(d) At least one utility bill for each utility necessary to maintain the household. The bill or bills should not be dated more than six months prior to the agency's recommendation for certification.

(7) Prior to recommending initial certification of a foster home, an agency is to assure each applicant successfully completes all preplacement training specified by rule 5101:2-5-33 of the Administrative Code.

(a) Only the preplacement training completed within the eighteen month period immediately prior to the date the agency recommends the foster home for certification will meet the training requirement.

(b) Each foster home recommended for certification is to receive preplacement training on the Administrative Code rules and the agency's policies and procedures that are in effect on the date the agency recommends the home for certification.

(8) References are to be received by the agency prior to the date the agency recommends the home for certification.

(a) The applicant is to provide the names and contact information of at least three people who do not reside with the applicant, so that they may be contacted as references. A minimum of three personal references are to be received prior to the date the agency recommends the home for certification. A minimum of one of the required references is to be from a relative and at least two references from non-relatives.

(b) The applicant and all adult household members is to provide the name of any agency the applicant and any household member has applied to or had a homestudy approved for foster care or adoption, or any organization they have worked with in providing care and supervision of children. The applicant and any adult household members are to complete a written and signed release of information statement so any such reference may be contacted.

(c) The agency is to contact all adult children of the applicant for a reference. If the adult children are unable or unwilling to provide a reference this is to be assessed during the homestudy process and documented on the homestudy.

(d) All contacts with references listed in this rule are to be documented in the narrative section of the homestudy.

(9) The JFS 01200 "Fire Inspection Report for Residential Facilities Certified by ODJFS" or other form used for a local or state fire inspection certifying the home is free from conditions hazardous to the safety of children. The report is not to be dated more than twelve months prior to the date the agency recommends the home for certification.

(10) The JFS 01348 "Safety Audit" completed not more than six months prior to the date the agency recommends the home for certification and two years after initial certification, documenting the residence satisfactorily meets all safety standards.

(11) A foster home is to have a continuous supply of safe drinking water. Well water used for drinking and cooking is to be tested and approved by the health department or any entity the health department recommends, prior to the date the agency recommends the home for certification and annually thereafter.

(12) Prior to the end of the assessment process, applicants are to complete and sign the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" indicating the acceptable characteristics and type of child the applicant is willing to foster.

(a) The determination of the specific number, age, and gender of children the foster home is certified for is the joint decision of the caregiver(s) and the assessor, based on the caregiver's strengths and needs, and the physical structure of the residence.

(b) All placements in a foster home are to be in compliance with this determination and with the provisions of rule 5101:2-5-32 of the Administrative Code.

(c) Upon the request from an applicant or caregiver, the JFS 1673-A may be updated as often as needed.

(L) The agency is to document in each record that the applicant has been evaluated by an assessor to determine the applicant's compliance with all homestudy requirements and the suitability of the applicant to be certified as a foster caregiver considering all household members and the availability of appropriate accommodations for any foster child that may be placed in the home.

(1) In completing the evaluation, a written narrative is to be compiled, signed by the assessor, and approved by the supervisor, indicating approval or denial of the application.

(2) The evaluation is to be a completed JFS 01673.

(M) In addition to the requirements of the JFS 01673, the agency may establish a written policy that applies to all applicants, requiring submission of additional materials or documents, or participation in additional assessment activities. The agency is not to recommend an applicant for certification prior to the completion of those requirements, in addition to all requirements of Chapters 5101:2-5 and 5101:2-7 of the Administrative Code that are applicable to initial certification of the foster home.

(N) The agency is not to place a child or cause a child to be placed in a foster home until:

(1) The foster caregiver completes the preplacement training as specified by rule 5101:2-5-33 of the Administrative Code for the type of foster home certification the caregiver is seeking.

(2) The assessment of the foster home, including the JFS 01673 and all supporting documentation, is completed by an assessor who recommends certification of the applicant for foster care.

(3) The homestudy has been approved through the Ohio CCWIS system.

(4) The effective date of a foster home certificate.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-22 Recommendations for initial foster home certification.

(A) An agency shall not recommend for certification any applicant whose residence is licensed, regulated, approved, or operated under the direction of, or otherwise certified as a facility to provide overnight substitute care for unrelated persons, by:

(1) The department of youth services.

(2) The department of mental health and addiction services.

(3) A community alcohol, drug addiction and mental health board.

(4) The department of developmental disabilities.

(5) A county board of developmental disabilities.

(6) The department of health.

(7) A juvenile court.

(B) Each initial application for certification of a foster home shall be approved through an assessor's evaluation of the residence, prospective foster caregiver, and household members.

(C) To submit a recommendation for certification of a foster home an agency is to enter the information into the statewide automated child welfare information system (SACWIS).

(D) Upon receipt of a recommendation for certification, ODJFS will determine the effective and expiration dates of the certificate.

(E) The effective date of an initial foster home certificate shall be no earlier than the date the recommendation is routed to ODJFS in SACWIS.

Last updated August 10, 2026 at 1:01 PM

History

• Effective: February 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-24 Continuous certification and periodic reviews for foster caregivers.

(A) All currently certified foster homes are to apply for continuous certification no earlier than ninety days and no later than thirty days prior to the end date of their fourth year of the initial certificate. After the initial certification, the caregiver is to comply with periodic updates as described in appendix A to this rule. The caregiver is to complete the continuous certification process in the Ohio comprehensive child welfare information system (Ohio CCWIS). This may be completed online, or the caregiver may go to any agency office to complete the process. Upon request for a hard/paper copy application from the caregiver, an agency will provide a JFS 01331, "Notice of Expiration and Reapplication for a Foster Home Certificate or Adoption Homestudy Approval."

(B) The public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) is to ensure that employees or persons under contract with the agency to complete foster home certifications comply with all of the following requirements:

(1) The assessor definition in rule 5101:2-1-01 of the Administrative Code.

(2) Rule 5101:2-48-06 of the Administrative Code.

(3) Section 3107.014 of the Revised Code.

(C) The recommending agency is to notify the foster caregiver of the date of expiration of the initial foster home certificate not less than ninety or more than one hundred fifty days prior to the expiration date.

(D) If a caregiver wishes to apply for continuous certification, they may complete the application by either:

(1) Entering the necessary information into Ohio CCWIS. This may be completed online, or the caregiver may go to any agency office to complete the process.

(2) Completing a JFS 01691 "Application for Child Placement." If an agency receives a JFS 01691 from a caregiver, the agency is to enter the information into Ohio CCWIS.

(E) If a foster caregiver fails to either apply for continuous certification or voluntarily terminate prior to the expiration date of the initial certificate, the foster home certificate will expire. If the family wishes to become certified after the expiration date, they are to reapply for initial certification pursuant to rule 5101:2-5-20 of the Administrative Code.

(1) If an initial foster home certificate expires because a caregiver has failed to apply for continuous certification, there are no rights to appeal pursuant to Chapter 119. of the Revised Code.

(2) Following the expiration of an initial foster home certificate, the agency is to enter the appropriate data into Ohio CCWIS to recommend closure of the home.

(F) A list of necessary documentation for continuous certification and periodic updates are listed in appendix A to this rule.

View Appendix

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-25 Changing the certification of a foster caregiver from one type of foster home to another.

(A) An agency is to recommend a foster caregiver be certified to operate only one type of foster home at a time. A foster home may accept a foster child that is assessed as needing care at or below the level of care for which the home is certified.

(B) Whenever a foster caregiver who is certified to operate a foster home wishes to seek to change the foster home's certification to another type of certification, the foster caregiver is to submit a written request to the recommending agency.

(C) If a foster caregiver seeks to change the foster home's certification to a treatment foster home or a medically fragile foster home, the agency is to determine if the foster caregiver meets the qualifying experience requirements contained in paragraph (A) of rule 5101:2-7-16 or 5101:2-7-17 of the Administrative Code.

(1) If the foster caregiver meets those requirements, the agency is to proceed as in paragraph (D) of this rule.

(2) If the foster caregiver does not meet those requirements, the agency is not to proceed with the foster caregiver's request.

(3) Failure of a foster caregiver to prove to the recommending agency's satisfaction that the foster caregiver meets the qualifying experience requirements of paragraph (A) of rule 5101:2-7-16 or 5101:2-7-17 of the Administrative Code does not constitute denial of certification and is not subject to appeal pursuant to Chapter 119. of the Revised Code.

(D) Changing from one type of foster home to another.

(1) The agency is to ensure that all the preplacement training requirements of a foster caregiver contained in rule 5101:2-5-33 of the Administrative Code have been completed prior to recommending the home to the Ohio department of children and youth (DCY) for another type of certification.

(2) At the discretion of the recommending agency, for a currently certified pre-adoptive infant foster caregiver who is seeking to change the type of foster home for which the caregiver is certified, preplacement or continuing training courses successfully completed within the most recent three year period from the date of the caregiver's written request to the agency to be certified as a different type of foster home, may be counted towards meeting the preplacement requirements for the new type of foster home.

(3) When the agency recommends that a foster caregiver's certification be changed to another type of foster home, the recommendation is to be submitted as a change in the Ohio comprehensive child welfare information system (Ohio CCWIS). The Ohio SACWIS resource identification number is to remain the same as the previous identification number.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-26 Procedures for administrative closures, revocation, denial of initial certification or denial of continuous certification of a foster home certificate.

(A) At the time of an agency decision to recommend denial of initial certification, denial of continuous certification or revocation of a foster home certificate, the agency may contact the Ohio department of children and youth (DCY) licensing department for consultation regarding required evidence, procedures and advice prior to notifying the applicant or foster caregiver of the agency's intent.

(B) If the agency decides to recommend denial of initial certification, denial of continuous certification or revocation, it is to provide written notification on the JFS 01315 "Notification of Denial of Initial Certification, Continuous Certification or Revocation of the Foster Home Certificate" by certified mail, return receipt requested, to the applicant or foster caregiver. This notice includes the following:

(1) The reason for the decision to recommend denial of initial certification, denial of continuous certification or revocation.

(2) The specific law or rule(s) with which the applicant or foster caregiver allegedly is not in compliance and a copy of each specific law or rule referenced.

(3) The method of and time limits for requesting a local agency grievance meeting.

(4) That the final decision to deny the initial certification or continuous certification or to revoke certification will be made by DCY at which time the applicant or caregiver will be afforded the opportunity to request a hearing pursuant to Chapter 119. of the Revised Code.

(C) Following the completion of the requirements of paragraph (B) of this rule, the agency is to notify the department of its recommendation to deny initial certification, deny continuous certification or revoke the certificate through the Ohio comprehensive child welfare information system (Ohio CCWIS) and is to submit documentation of:

(1) A summary of the grievance meeting, if one was held.

(2) Identification of rules with which the applicant or foster caregiver is allegedly not in compliance.

(3) Specific documentation and evidence supporting the recommendation.

(4) A copy of the JFS 01315 and the certified mail return receipt sent to the applicant or foster caregiver.

(D) Upon receipt of the notification of the recommendation submitted in paragraph (C) of this rule, DCY is to evaluate the evidence and documentation submitted by the agency and take one of the following actions:

(1) Return the recommendation and evidence to the agency due to insufficient or inappropriate evidence and documentation with a written explanation of the deficiency.

(2) Reject the agency recommendation in writing specifying the reasons for rejection.

(3) Proceed with the denial or revocation process.

(E) At the time DCY proceeds with an agency recommendation to deny or revoke a foster home certificate DCY is to notify the applicant or foster caregiver pursuant to Chapter 5101:6-50 of the Administrative Code. A copy of the notice is to be sent to the recommending agency which is to immediately notify any other agency which may have a foster child placed in the foster home.

(F) The decision to proceed or not proceed with a recommendation for denial or revocation rests solely with DCY in its exercise of discretion.

(G) Any action by DCY to deny or revoke a foster home certificate is to be subject to the requirements of Chapter 119. of the Revised Code and Chapter 5101:6-50 of the Administrative Code.

(H) If a foster home application or certificate has been denied or revoked pursuant to Chapter 119. of the Revised Code, the applicant or person to whom the certificate was issued is not to be eligible for any children services license or certification for five years from the date of denial or revocation or the exhaustion of all appeals, whichever is later.

(I) An agency may recommend DCY administratively close a foster caregiver application or certificate for the following:

(1) Failure to provide an address change.

(2) Loss of contact as determined by the recommending agency. The agency is to have made at least three attempts using multiple methods of contact.

(3) The applicant is not eligible pursuant to paragraph (H) of this rule.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-27 Agency procedure for the termination of a foster home certificate.

(A) If a foster caregiver notifies the recommending agency of the voluntary termination of the foster home certificate, the recommending agency shall, within two working days of receipt of the notice, notify any other agency which has a foster child placed within the home.

(B) When the recommending agency receives a voluntary termination notice from a foster caregiver, the agency shall submit the information in SACWIS and forward the information to ODJFS for approval.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: May 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-28 Agency cause for denial, revocation, or suspension of foster home certification.

(A) What is a recommending agency to do upon receiving an allegation of a foster home rule violation?

The agency is to:

(1) Begin investigating within three calendar days of all allegations of rule noncompliance of Chapters 5180:2-7 or any other relevant chapter of the Administrative Code. At a minimum, an investigation begins with the implementation of paragraph (C) of this rule or documenting the contact of the agency by any third party or law enforcement agency investigating the allegations to determine if the recommending agency can proceed with the rule noncompliance investigation.

(2) Complete the investigation within thirty calendar days, unless there is a conflicting law enforcement or third-party investigation.

(3) Document and maintain the following in the foster caregiver record:

(a) The investigation details.

(b) If noncompliance is found implement a corrective action plan as required by the agency or the recommendation to deny continuous certification or revoke the certification of the foster home.

(c) A written explanation if noncompliance is not found.

(B) What are valid causes for denying initial or continuous certification or revoking a foster home certificate either upon the recommendation of a recommending agency or through unilateral action by the Ohio department of children and youth (DCY)?

The following may be considered a valid cause for denial or revocation of a foster caregiver or applicant:

(1) Failure or refusal to comply with applicable rules.

(2) Knowingly providing false or misleading information to the agency.

(3) Falsifying or failing to submit required reports.

(4) Withholding or failing to provide access to required records.

(5) Denying entry into the residence to any person performing duties required by Chapter 5180:2-5, 5180:2-7 or 5180:2-36 of the Administrative Code or any laws of the state or any subdivision therein.

(6) Failing or refusing to comply with agency instructions regarding care of a foster child an agency has placed within the home.

(7) Interfering or acting in conflict with an agency plan for a foster child's care.

(8) A household resident (not a foster child) being guilty of a crime against a child.

(9) A foster caregiver or applicant, any adult resident of a foster home, or any minor resident of a foster home at least twelve years of age, but less than eighteen years of age other than a foster child who is placed there, residing with the foster caregiver has been convicted of, pleaded guilty to, or been adjudicated delinquent for commission of any offense listed in appendix A to rule 5180:2-5-09.1 of the Administrative Code.

(10) Refusing to obtain a criminal records check.

(11) Agency's documented determination that the individual should not care for a foster child.

(12) Any act of omission or commission by a foster caregiver, applicant or other member of the household which results in the death, injury, illness, abuse, neglect or exploitation of a child.

(13) Any other applicable reason pursuant to section 5103.0319 or 5103.0326 of the Revised Code.

(C) What steps should the agency take when one or more of the above conditions are present?

The agency is to:

(1) Review the foster home certificate or application and, if applicable, recommend:

(a) Revocation of the certificate.

(b) Denial of the initial or continuous certification application.

(2) Review the appropriateness of the placement in the foster home of any child of whom the agency has temporary, legal, or permanent custody. After review, the agency may, consistent with any court order, remove the child from the foster home in which the child is residing and place the child in another certified foster home or other appropriate placement.

(3) Assess the need for training because of the conviction, plea of guilty, or adjudication described in paragraph (B) of this rule and provide any necessary training unless the agency action is to recommend revocation of the certificate.

(D) What if a caregiver fails to comply with specific notification requirements in paragraph (L) of rule 5180:2-7-02 or paragraph (G) of rule 5180:2-7-14 of the Administrative Code?

The agency is to immediately notify:

(1) The child's custodial agency if applicable.

(2) DCY.

(E) What action must be taken if any of the conditions listed in paragraph (B) of this rule presents or creates a threat to the life, health, or safety of a foster child?

(1) The agency is to:

(a) Immediately remove the foster child from the home.

(b) Notify the custody-holding agency or individual within one hour.

(2) No further justification is needed beyond the agency's determination of threat to a foster child's safety.

(F) When can DCY suspend a foster care certificate?

DCY may suspend a certificate if DCY determines that any of the following have occurred:

(1) A child dies or suffers a serious injury while placed or residing with the foster caregiver.

(2) A PCSA receives a report of abuse or neglect pursuant to section 2151.421 of the Revised Code, and no additional review or appropriate action is taken by the recommending agency to ensure safety of the children, and the person alleged to have inflicted abuse or neglect on the child who is the subject of the report is a foster caregiver or a member of the caregiver's household.

(3) DCY, the recommending agency, a PCSA, or a county department of job and family services determines that a foster caregiver or a member of the caregiver's household created a serious risk to the health or safety of a child placed therein that resulted in or could have resulted in a child's death or injury.

(4) A foster caregiver or a member of the caregiver's household is charged by an indictment, information, or complaint with an offense relating to the death, injury, abuse, or neglect of a child and no additional review or appropriate action is taken by the recommending agency to ensure the safety of the child.

(5) DCY determines that the foster caregiver or a member of the caregiver's household does not meet the requirements of section 2151.86, 5103.18 or 5103.181 of the Revised Code.

(6) For the purpose of this rule, serious risk means any situation that poses a significant threat of serious harm to a child's health or well-being, including but not limited to:

(a) Circumstances that could cause physical injury requiring professional medical attention.

(b) Circumstances that could result in long-term impairment.

(c) Circumstances that indicate the possibility of non-accidental trauma or neglect.

(7) For the purpose of this rule, serious injury means any physical injury to a child that substantially impairs the child's health or physical well-being and requires professional medical attention. Serious injury includes but is not limited to:

(a) Injuries likely to result in long-term impairment.

(b) Injuries that indicate non-accidental trauma or neglect.

(G) What happens if a foster caregiver's certificate is suspended?

(1) A caregiver is not to have children placed in the home while a suspension remains in effect. Upon the issuance of the order of suspension, DCY will place a hold on the certificate or indicate that the certificate is suspended in the Ohio comprehensive child welfare information system (Ohio CCWIS).

(2) Upon receipt of a written suspension order from DCY, delivered either by signature required service or in person, the suspension is in effect immediately and any children placed with the foster home are to be removed within forty-eight hours. The custodian of the children placed at the agency is to ensure a suitable placement for the child(ren) is made by or in coordination with the recommending agency. Refusal of delivery by personal service or by mail is not failure of delivery and service shall be deemed to be complete.

(H) Can the foster caregiver request a review of the decision to suspend the license?

The caregiver may request an administrative hearing before DCY pursuant to sections 119.05 to 119.12 of the Revised Code.

(I) How long will the certificate be suspended?

The suspension will remain in effect until any of the following occurs:

(1) The PCSA completes its investigation pursuant to section 2151.421 of the Revised Code and determines that all of the allegations are unsubstantiated.

(2) All criminal charges are disposed of through dismissal or a finding of not guilty.

(3) Pursuant to Chapter 119. of the Revised Code, DCY issues a final order terminating the suspension.

Last updated March 5, 2026 at 7:50 AM

History

• Effective: March 5, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-29 Agency requirements for foster home records.

(A) An agency shall create a separate record for each foster home.

(B) All documentation required by Chapters 5101:2-5 and 5101:2-7 of the Administrative Code shall be contained in the individual foster home record pursuant to paragraph (A) of this rule.

(C) An agency shall maintain in each foster home record a log of all children placed in the foster home. The log shall contain, at a minimum:

(1) The name of the foster child.

(2) The child's date of birth.

(3) The date of placement in the foster home.

(4) The date of discharge/removal from the foster home and reason.

(5) The new location of the child.

(6) If the foster home is a specialized foster home, the use of any planned or crisis respite care for children placed in the home shall be documented in the log.

(a) At a minimum, the documentation shall show the starting and ending dates of any respite care services received by the child and where the respite care was provided.

(b) If the approved respite care provider is a certified foster caregiver, the name of the child and the starting and ending dates of any respite care services provided by the foster caregiver shall also be documented in the log for the foster home providing the respite care.

(D) All closed foster home records shall be maintained by the agency for a period of five years following the date of closing of the home.

(E) An agency shall maintain any requirement of this rule in SACWIS if the system has the ability to record the required information.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: May 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-30 Foster care amendments.

(A) An assessor that meets the requirements of paragraph (B) of rule 5101:2-5-20 of the Administrative Code is to perform the duties of this rule.

(B) If the agency is notified of any of the following changes for the foster caregiver, the agency is to amend the homestudy:

(1) A change in the marital status of the foster caregiver(s).

(2) The death of a foster caregiver or household member.

(3) A change in household members, not including foster children.

(4) A change of address for the foster family that is different than the address listed on the foster home certificate.

(C) An amendment is a narrative of the assessor's evaluation of the change that has occurred in the foster home. The agency is to document the date of notification in the amendment.

(1) The amendment is to be completed within thirty days of the date of the change, or within thirty days of the date the agency became aware a change occurred if notification did not occur pursuant to rule 5101:2-7-14 of the Administrative Code.

(2) If the change is to add a foster caregiver to the certificate, the amendment is not to be completed until the preplacement training has been completed pursuant to rule 5101:2-5-33 of the Administrative Code.

(3) In completing the amendment, the agency is to, if necessary, redetermine the specific number, age, and gender of children the family is approved to foster. The amendment is to address sleeping arrangements, beds and bedrooms, and shall evaluate whether the foster family remains in compliance with all applicable requirements.

(4) The amendment is to be completed in the Ohio comprehensive child welfare information system (Ohio CCWIS).

(D) If the amendment is due to a new household member, the agency is to ensure the following:

(1) New household members residing with the foster caregiver are to have a JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" completed documenting they are free from any physical, emotional or mental condition which would endanger children or seriously impair the ability of the household member to care for the child placed in the home.

(a) If the new occupant is an adopted child who immediately prior to the adoption resided in the home as a foster child, a JFS 01653 is not required.

(b) The JFS 01653 is to be dated within ninety days of the date the person becomes a household member.

(c) If the agency was not notified of the new household member in accordance with rule 5101:2-7-14 of the Administrative Code, the JFS 01653 is to be dated within ninety days of the date the agency became aware of the new household member.

(2) New adult household members residing with the foster caregiver are to have a search of the national sex offender registry at https://www.nsopw.gov (2019), a bureau of criminal investigation (BCI) and federal bureau of investigation (FBI) records check, as outlined in rule 5101:2-5-09.1 of the Administrative Code.

(a) The criminal records checks are to be conducted within ten working days of the date the person becomes a household member.

(b) If the agency was not notified of the new household member in accordance with rule 5101:2-7-14 of the Administrative Code, the criminal records checks are to be conducted within ten working days of the date the agency became aware of the new household member.

(3) New adult household members are to provide the name of any agency they have applied to or had a homestudy approved for foster care or adoption, or any organization they have worked with in providing care and supervision of children. The new adult household member is to complete a written and signed release of information so that any such reference may be contacted.

(4) If the agency has the ability to complete the search in Ohio CCWIS, the agency is to complete an alleged perpretrator search of abuse and neglect report history through the system for the new adult household member within ten working days of the date the person becomes a household member. If the agency does not have the ability to complete the search in Ohio CCWIS, the agency is to request a search of the system from the department for the new adult household member within ten working days of the date the person became a household member. If the agency was not notified of the new household member pursuant to rule 5101:2-7-14 of the Administrative Code, the agency is to complete these requirements within ten working days of the date the agency became aware of the new household member.

(a) A report with the results of the search shall be placed in the foster caregiver record.

(b) This report is used to determine the continued suitability of the foster family.

(5) Pursuant to division (A)(2) of section 5103.18 of the Revised Code, an agency is to request a check of the child abuse and neglect registry of any other state the new adult household member has resided in for the five years immediately prior to the date of the criminal records check as required by division (A) of section 2151.86 of the Revised Code.

(6) If the new household member is the co-parent or spouse of the foster caregiver and is to be added to the certificate, the agency is to ensure the following is completed in addition to the requirements listed in paragraph (D) of this rule:

(a) The agency is to contact all adult children of the new co-parent or spouse for a reference. If the adult children are unable or unwilling to provide a reference, the agency is to document this in the amendment.

(b) If the person has not previously completed the preservice training, the agency is to ensure the co-parent or spouse completes the preplacement training required pursuant to rule 5101:2-5-33 of the Administrative Code no later than one hundred eighty days after becoming a household member. The co-parent or spouse is not to be added to the foster care certificate until the training has been completed.

(c) Once the co-parent or spouse is added to the certificate, the required continuing training hours are to be prorated from the date the co-parent or spouse is added to the foster care certificate through the expiration of the current training span.

(7) New household members are to comply with the immunization requirements as described in rule 5101:2-7-02 of the Administrative Code. If the home was certified prior to June 15, 2020, the home does not have to comply with this requirement.

(E) If the amendment is due to a change of address of the foster home, the agency is to ensure the following:

(1) The agency is to conduct a safety audit documenting the new residence satisfactorily meets all safety standards.

(a) The safety audit is to be completed on the JFS 01348 "Safety Audit."

(b) The safety audit is to be conducted within ten working days after the change of address.

(c) If the agency was not notified of the change of address pursuant to rule 5101:2-7-14 of the Administrative Code, the agency is to conduct the safety audit within ten working days of the date they became aware of the change of address.

(2) The agency is to ensure the foster caregiver obtains a fire safety inspection certifying the new residence is free from conditions hazardous to the safety of a foster child.

(a) The fire safety inspection is to be completed on the JFS 01200 "Fire Inspection Report For Residential Facilities Certified by ODJFS" or other form used for a local or state fire inspection.

(b) The fire safety inspection is to be requested prior to or within thirty days of the date of the change of address. If the agency was not notified of the change of address pursuant to rule 5101:2-7-14 of the Administrative Code, then the fire safety inspection is to be requested within thirty days of the date the agency became aware of the change of address.

(c) The fire safety inspection is to be conducted prior to or within ninety days of the date of the change of address. If the agency was not notified of the change of address pursuant to rule 5101:2-7-14 of the Administrative Code, then the fire safety inspection is to be conducted within ninety days of the date the agency became aware of the change of address.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-31 Sharing or transferring a foster home.

(A) Prior to an agency sharing use of a foster home that has been recommended for certification by another agency, the agency wishing to use the home is to obtain a written agreement signed by the recommending agency stating how the home is to be used and that all parties affected by the agreement approve of it. The recommending agency is to provide a copy of the agreement to the foster caregiver(s) and all agencies currently using the home.

(B) An agency is not to solicit homestudies or transfers from other agencies for the purpose of locating a family of a specific race, color or national origin.

(C) Pursuant to the transfer conditions listed throughout this rule, a foster home is to only be considered for a transfer to another agency that recommends foster homes of the type that the caregiver is qualified to provide. If a transfer is approved for a foster caregiver certified to operate a specialized foster home to an agency that does not operate a specialized foster home program, the caregiver is to agree that upon execution of the transfer, the foster home designation will be identified as a family foster home.

(D) An agency is to consider a transfer request of a foster home from another agency only if the foster caregiver has been certified with the recommending agency for a minimum of one year. A foster caregiver is not to transfer more than once in a two year period. Exceptions to these limitations may be made in the following circumstances:

(1) If a foster caregiver has relocated to a county not served by the foster caregiver's recommending agency.

(2) If the foster caregiver's recommending agency ceases to recommend foster homes for certification or ceases to recommend the type of foster home that the caregiver is currently certified to provide.

(3) If both the sending and receiving agency agree to the transfer of the foster home.

(E) Upon receipt of a written request from a foster caregiver who meets the requirements of paragraph (D) of this rule and who expresses a desire to transfer from their current recommending agency, a receiving agency is to make a determination whether to further consider the transfer request.

(1) If the receiving agency decides to continue the review of the transfer, the receiving agency is to notify the foster caregiver's current recommending agency in writing to inform them of the transfer request and to request a complete copy of the caregiver's foster home record, with the exception of references and criminal background checks.

(2) The receiving agency is to only accept documentation located in the foster home record from the recommending agency. The records are not to be accepted directly from the foster caregiver or other individual. A caregiver may provide other information to the receiving agency that the caregiver considers to be relevant.

(F) Upon receipt of the transfer request from the receiving agency:

(1) If the recommending agency has previously made a decision not to place any additional children in the foster caregiver's home, it is to inform the receiving agency of this decision and the reason why this decision was made. If the receiving agency still wishes to proceed with the request, it is to notify the recommending agency in writing.

(2) The recommending agency is to ensure that a signed release of information has been obtained from the foster caregiver authorizing release of the record. The release may be initiated by either agency or the foster caregiver.

(3) The recommending agency may charge the receiving agency a reasonable fee for copying or scanning the records, not to exceed twenty-five cents per page. No additional fee is to be charged to any party. If a fee is charged to copy or scan the records, the records are not to be sent until the fee is paid.

(4) While the transfer request is pending, the recommending agency is to continue to work with the foster caregiver as it does with all other foster caregivers associated with the agency. The recommending agency is to continue to provide the caregiver with notification of training events needed pursuant to the foster caregiver's needs assessment and continuing training plan. The recommending agency is to allow the foster caregiver to attend any such events and is to continue to meet with the caregiver regarding the care of any child placed in the home.

(G) Within fifteen working days of receipt of the signed release of information and any applicable fee, the recommending agency is to forward a complete copy of the foster home record, with the exception of references and criminal background checks. The record is to be sent electronically, by certified mail, return receipt requested, or hand delivered by agency staff. If records are hand delivered, the recommending agency is to be provided with a receipt showing the date the records were delivered to the receiving agency. The receiving agency is to also document the date the record was received. The record is to include the following:

(1) The most recent initial homestudy and all previous homestudy recertifications if applicable.

(2) The most recent report of the alleged perpetrator search of child abuse and neglect information from the Ohio comprehensive child welfare information system (Ohio CCWIS).

(3) Training records.

(4) Fire inspection reports.

(5) Safety audits.

(6) Medical reports.

(7) Foster home exit interviews.

(8) Complaint or rule noncompliance investigations and any applicable corrective action plans. If there are any outstanding investigations or corrective action plans that have not been fully completed or implemented, the recommending agency is to notify the receiving agency of the nature of those investigations and corrective action plans.

(H) Upon receipt of the foster caregiver's records, the receiving agency is to assign an assessor to review the information received and conduct an assessment of the transfer request.

(1) In addition to reviewing the recommending agency's records and any information provided by the caregiver, the assessor is to:

(a) Contact staff from the current recommending agency and the caregiver to determine the reasons why the request to transfer is being made at this time.

(b) Determine if there are foster children in the home, and, if so, identify the agency with custody of the child(ren).

(c) Make at least one visit to the foster home and conduct a face-to-face interview with all members of the household based on his or her age and development. The interview with all members of the household may be a joint interview or separate individual interviews.

(d) Receive three new personal references for the foster caregiver(s) from persons who are unrelated to the caregiver(s) and do not live in the foster home.

(e) Receive new references from all adult children of the caregiver(s). If the adult children are unable or unwilling to provide a reference this is to be assessed during the transfer process and documented in the caregiver record.

(f) Conduct a new criminal records check for all persons subject to a criminal records check residing in the foster home. Results are to be obtained, reviewed and approved prior to accepting the transfer request.

(g) Complete a new safety audit of the foster home on the JFS 01348 "Safety Audit" to ensure the home meets all current safety requirements for foster homes.

(2) If the record indicates that there are outstanding investigations or corrective action plans that have not been fully implemented, the assessor is not to recommend acceptance of the transfer unless the assessor is satisfied that any outstanding investigations or plans are not material to the request to transfer the home and do not jeopardize the safety of any children who are or may be placed in the home.

(3) If there are foster children currently placed in the home, all custodial agencies are to approve of the transfer of the foster home, as evidenced by the custodial agency signature(s) on the JFS 01334 "Notification of Transfer of a Foster Home."

(a) If the custodial agency does not agree to the transfer while a child in its custody is placed in the home, the transfer is not to take place until that child is no longer placed in the home.

(b) No child is to be removed from a foster caregiver's home solely because the caregiver has requested a transfer from one agency to another.

(4) If a transfer request of a foster home is pending within ninety days immediately prior to the expiration of the initial certificate, the current recommending agency and the receiving agency may determine through mutual agreement which agency will conduct the continuous certification of the foster home. If there is no agreement between the agencies, the current recommending agency is to be responsible for completing the continuous certification of the home.

(5) The assessor is to complete the transfer assessment within sixty days of the date the complete record was received from the current recommending agency. If the transfer assessment cannot be completed in that timeframe, the assessor is to document the reason(s) in the record.

(I) Upon the completion of the assessment, the assessor is to make a final recommendation regarding the transfer and document that decision in the receiving agency's record. Written notice of the decision is to be given to the foster caregiver and the recommending agency within five working days of the date the decision was made. The decision to approve or reject the transfer request rests solely with the receiving agency, subject to the process of approval of the Ohio department of children and youth (DCY) and the custodial agency of any foster child(ren) placed in the home. Nothing in this rule is to be construed to require an agency to accept the transfer of a foster home from another agency. The rejection of a transfer creates no right of appeal pursuant to Chapter 119. of the Revised Code for any party of the transfer request.

(J) If the decision is to deny the transfer request, all information contained in the copy of the caregiver's record from the current recommending agency, as well as any information gathered during the transfer assessment, including the written recommendation to deny the request, is to be maintained in the caregiver's record for at least two years.

(K) If the decision is to approve the transfer request, all information contained in the copy of the caregiver's record from the current recommending agency, as well as any information gathered during the transfer assessment is to be incorporated into the receiving agency's foster care provider record.

(1) If the sending agency has the appropriate access to Ohio CCWIS, the sending agency is to enter the applicable data into the system to complete the transfer to the receiving agency.

(2) If the sending agency does not have the appropriate access to Ohio CCWIS to enter the transfer, then either the sending agency or the receiving agency is to make a recommendation to DCY to transfer the foster home by submitting the completed JFS 01334 containing all applicable signatures.

(3) The transfer of a foster home to a receiving agency has the effect of conferring upon the receiving agency all the duties of a recommending agency contained in Chapter 5101:2-5 of the Administrative Code.

(4) Prior to or not later than thirty days after a transfer request has been processed by DCY, the receiving agency is to provide an orientation to the foster caregiver of the agency's foster care policies and procedures.

(L) Upon receipt of a signed release of information form, an agency is to release a copy of a foster care homestudy to an adoption agency when the foster caregiver is being considered as an adoptive parent.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-32 Occupancy limitations and accessibility.

(A) An agency shall place a foster child in a foster home only when the agency and the foster caregiver are in compliance with the provisions of Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.

(B) Specific circumstances and limitations for the capacity of a foster home:

(1) To determine the total number of children in the home, the agency shall include at a minimum:

(a) Foster children placed in the home.

(b) Kinship children residing in the home.

(c) The children of a foster caregiver.

(d) Children being cared for by a type B child care provider.

(e) Children receiving any private child care services.

(2) A foster home shall not receive more than five foster children.

(3) When a foster caregiver has been certified for less than two years to operate a foster home, or has less than two years of professional child care experience as documented by the recommending agency, the caregiver shall not receive more than three foster children in the home at any one time.

(4) Not more than two children under the age of two years shall reside or receive child care services in a foster home at any one time.

(5) Not more than four children under the age of five years shall reside or receive child care services in a foster home at any one time.

(6) If a foster home is at or below the capacity limits set forth in this paragraph, the home may exceed the capacity limits if the additional children meet one of the following circumstances:

(a) To accommodate a sibling group or the remaining members of a sibling group.

(b) To accommodate a sibling or siblings of a kinship child.

(c) To allow a family with special training or skills to provide care to one additional child who has a severe disability.

(d) To allow a child with an established meaningful relationship with the family to be placed with the family.

(e) To allow a parenting youth in foster care to remain with the child of the parenting youth.

(7) If a foster home is above the capacity limits set forth in this paragraph, the home shall not accept additional children unless the children meet one of the following exceptions:

(a) To accommodate a sibling or siblings of a foster child currently placed in the home.

(b) To accommodate a sibling or siblings of a kinship child currently placed in the home.

(c) To allow a family with special training or skills to provide care to one additional child who has a severe disability.

(d) To allow a child with an established meaningful relationship with the family to be placed with the family.

(e) To allow a parenting youth in foster care to remain with the child of the parenting youth.

(8) If the foster home is a specialized foster home, the additional placement limitations of rules 5101:2-5-36 and 5101:2-5-37 of the Administrative Code, as applicable, shall apply.

(C) Not more than a total of ten children, including the children of a foster caregiver, children being cared for by a type B child care provider and children receiving any private child care services, shall reside or receive child care services in a foster home at any one time.

(D) Placement of a physically disabled foster child in a foster home shall be made only after the agency has assured that any necessary special arrangements to meet the child's needs have been made.

Last updated August 10, 2026 at 1:01 PM

History

• Effective: June 15, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-33 Foster caregiver preplacement and continuing training.

(A) A recommending agency is to document that each person seeking certification successfully completes all preplacement training required by this rule according to the type of foster home for which certification is sought.

(B) A recommending agency is to document that each foster caregiver for whom continuous certification is recommended successfully completes all continuing training for the type of foster home operated by the foster caregiver, unless a waiver is approved by the recommending agency pursuant to paragraph (J) of this rule and appropriately documented according to paragraph (K) of this rule.

(C) A foster caregiver or applicant is to meet the following preplacement or continuing training requirements, as applicable to the type of home for which an applicant is seeking certification or for which a foster caregiver is certified.

(1) Pre-adoptive infant foster home:

(a) A person seeking certification to operate a pre-adoptive infant foster home is to complete a minimum of twelve hours of preplacement training prior to the agency recommending the home for certification. The training topics are listed in appendix A to this rule.

(b) A foster caregiver certified to operate a pre-adoptive infant foster home is to complete a minimum of twenty-four hours of continuing training every two years. If a currently certified foster caregiver has not completed infant first aid and CPR training, the caregiver is to complete the training by their subsequent recertification.

(2) Family foster home:

(a) A person seeking certification to operate a family foster home is to complete twenty-four hours of preplacement training prior to the agency recommending the home for certification. The preplacement training program is to consist of courses in the role of foster caregivers as a part of the care and treatment of foster children. To continue the certification process, prospective foster caregivers are to complete the full list of topics in appendix A to this rule.

(b) A foster caregiver certified to operate a family foster home is to complete a minimum of thirty hours of continuing training every two years. A continuing training program is to consist of courses that a foster caregiver is to complete in accordance with the caregiver's written needs assessment and continuing training plan. Effective January 1, 2023 a foster caregiver is to complete the resource readiness topics during the first certification period as specified in appendix A to this rule.

(c) No preplacement training received prior to certification is to be counted towards the completion of continuing training specified in this rule.

(3) Specialized foster home:

(a) A person seeking certification to operate a specialized foster home is to complete twenty-four hours of preplacement training prior to the agency recommending the home for certification. The preplacement training program is to consist of topics listed in appendix A to this rule.

(b) A foster caregiver certified to operate a specialized foster home is to complete a minimum of forty-five hours of continuing training every two years. The continuing training program is to consist of courses in accordance with the caregiver's written needs assessment and continuing training plan and is to include additional topics specific to the types of children placed in the type of specialized foster home for which the caregiver is certified. Such training is to also include completion of a first aid training program and a child and adult CPR training program such as those training programs offered by the American red cross, the American heart association, or the equivalent. Effective January 1, 2023 a foster caregiver is to complete the resource readiness topics in the first two years as specified in appendix A to this rule.

(c) No preplacement training received prior to certification is to be counted towards the completion of continuing training.

(D) A foster caregiver may complete a portion of his or her continuing training requirement by teaching one or more training classes to other foster caregivers or by providing mentoring services to other foster caregivers. This portion is to be included within the fifty per cent of outside the classroom training as described in paragraph (F) of this rule. The mentee may also receive credit for receiving this training. To qualify for teaching or mentoring services a foster caregiver is to:

(1) Have at least two years experience as a certified foster caregiver.

(2) Have had at least two child placements in their foster home.

(3) Be a currently certified foster home.

(4) Not be under a corrective action plan by a recommending agency.

(5) Not be under investigation for a violation of state statute or rule by a recommending agency or the Ohio department of children and youth (DCY).

(E) As used in this rule, mentoring services means, at a minimum:

(1) Assisting foster caregivers with information that will encourage communication between the new foster caregivers and human service agencies.

(2) Offering foster caregivers possible solutions to problems that may occur while caring for a child in placement.

(3) Assisting and guiding recently certified foster caregivers in day to day activities while caring for a child in placement.

(4) Offering to assist foster caregivers in utilizing resources within their community.

(5) Encouraging recently certified foster caregivers to attend training sessions in order to maintain their current certification.

(F) Video presentations and training completed outside of a classroom is to be accepted under the following conditions:

(1) Video presentations may be used as a tool to meet preplacement or continuing foster caregiver training requirements if any of the following requirements are met:

(a) A qualified trainer is present during the training session to respond to questions.

(b) The video presentation is part of a self-directed learning program approved by DCY.

(c) DCY has approved the video presentation as part of an agency's training proposal as set forth in rule 5101:2-5-40 of the Administrative Code.

(2) Video presentations prepared for entertainment purposes are not to be considered as meeting training requirements unless transfer of learning components are included prior to and following the video presentation. Transfer of learning components are to include a pretest and a posttest following the video presentation. Video presentations prepared for entertainment purposes are not to be used for preplacement training or to meet more than one-forth of a foster caregiver's continuing training requirements.

(3) The acceptance of training that is completed outside a classroom where a trainer is not present, is to be considered by the recommending agency on an individual basis and is not to be used for more than six hours of preplacement training or to meet more than one-half of a foster caregiver's continuing training requirements. To be accepted by a recommending agency to meet a foster caregiver's continuing training requirements, the training is to include a transfer of learning component prior to and following the training. Such training is to be consistent with the recommending agency's written needs assessment and continuing training plan developed for the foster caregiver pursuant to paragraph (G) of this rule. If a private child placing agency (PCPA) or private noncustodial agency (PNA) intends to accept such continuing training on a regular basis, it is to be included in the agency's training proposal developed pursuant to rule 5101:2-5-40 of the Administrative Code. If a public children services agency (PCSA) intends to accept such continuing training on a regular basis, it is to provide written notification to the regional training center of the Ohio child welfare training program (OCWTP) responsible for providing foster caregiver training for the county so the training center can make appropriate plans for training.

(a) Alternative learning activities are to be pre-approved by the agency and may be used for training credit. Training completed outside a classroom may include training offered through the following methods:

(i) Video presentations.

(ii) Books, journals or articles pre-approved by the agency. Books, journals or articles may be used to meet no more than twenty per cent of continuing training.

(iii) Computer programs.

(iv) Internet sites.

(v) Interactive video presentations.

(b) Transfer of learning components is to include the following:

(i) A pretest.

(ii) A posttest.

(4) Live synchronous distance learning, where the trainer or facilitator is available real time to deliver the training, may be used to meet all of preplacement and continuing training.

(5) Pursuant to rule 5101:2-5-38 of the Administrative Code, neither a foster caregiver training stipend nor an agency training allowance payment is to be made for training completed outside a classroom where a person in the role of a trainer is not present.

(6) Continuing training hours obtained by a foster caregiver by teaching one or more training classes to other foster caregivers are eligible for stipend and training allowance reimbursement in the amount of hours as specified in the foster caregiver's written needs assessment and continuing training plan. Any continuing training hours obtained by a foster caregiver by teaching one or more training classes to other foster caregivers in excess of the specified amount in the written needs assessment and continuing training plan is not to be reimbursable.

(G) Not later than the first thirty days of a foster caregiver's certification, and every two years thereafter, a recommending agency is to develop and implement a written needs assessment and continuing training plan for each foster caregiver affiliated with the agency. Each needs assessment and continuing training plan is to satisfy all of the following requirements:

(1) Be effective for two years. The plan may be completed more frequently when there are training needs identified based on the demographics and needs of a youth in care.

(2) Be appropriate for the type of foster home the foster caregiver operates, the type of children typically placed in the home and include as appropriate training for the caregiver that relates to providing independent living services, as defined in section 2151.81 of the Revised Code, to a child placed as provided in division (B)(2) of section 2151.353 of the Revised Code.

(3) Have the foster caregiver successfully complete the courses the agency considers appropriate.

(4) Include criteria the agency is to use to determine whether the foster caregiver has successfully completed the courses.

(5) Guarantee that the courses the foster caregiver is required to complete are available to the foster caregiver at reasonable times and places.

(6) Specify the number of hours of continuing training, if any, the foster caregiver may complete by teaching one or more training classes to other foster caregivers or by providing mentoring services to other foster caregivers as referenced in this rule.

(7) For a family foster caregiver or a specialized foster caregiver, specify whether the agency will waive any of the hours of continuing training the foster caregiver is required by paragraph (C) of this rule if the foster caregiver satisfies the conditions for the agency to issue a waiver. If the agency will issue a waiver, the agency is to state in the needs assessment and continuing training plan the number of hours of continuing training, not to exceed eight every two years, that the agency will waive.

(H) For the purpose of determining whether a foster caregiver has satisfied the requirements of paragraph (C) of this rule, a recommending agency is to accept training for foster caregivers obtained from a regional training center of the OCWTP or an approved preplacement training program or continuing training program operated by a PCPA or PNA under rule 5101:2-5-40 of the Administrative Code regardless of whether the recommending agency operated the preplacement training program or continuing training program. The recommending agency may ask the applicant or foster caregiver to successfully complete additional training as a condition of initial certification or continuous certification. A recommending agency may accept up to fifteen hours of continuing training without prior approval from DCY if both of the following are met:

(1) The training is from a program that provides a training course or courses outlined in the foster parent's continuing training plan.

(2) The program is agreed upon by both the recommending agency and the foster parent.

(I) The recommending agency is to maintain a record in the Ohio comprehensive child welfare information system (Ohio CCWIS) for each foster caregiver showing the date, location, course name and length of each preplacement and continuing training course each foster caregiver attended, and the name of the trainer.

(J) After two years, a recommending agency may include within the foster caregiver's written needs assessment and continuing training plan, a waiver of up to eight hours of continuing training that a foster caregiver holding a certificate for a family foster home or specialized foster home is otherwise specified by paragraph (C) of this rule to complete every two years, if all of the following apply:

(1) The foster caregiver has had or maintained a foster home certificate for at least two years.

(2) The foster caregiver has provided care for a foster child for at least ninety days of the twelve months preceding the date the agency issues the waiver.

(3) The foster caregiver has not violated any statute or rule governing certification of foster homes during the twelve months preceding the date the agency issues the waiver.

(4) The foster caregiver has complied in full with the needs assessment and continuing training plan developed for the foster caregiver under paragraph (G) of this rule for the preceding two year period.

(K) For each continuing training waiver approved by a recommending agency for a family foster home or a specialized foster home pursuant to paragraph (J) of this rule the following documentation is to be maintained in the foster caregiver's record:

(1) The date of the waiver.

(2) The number of hours of training waived.

(3) A statement that each of the requirements of paragraph (J) of this rule have been met.

(4) The name and signature of the authorized agency representative who approved the waiver.

(L) A foster caregiver to whom either paragraph (L)(1) or (L)(2) of this rule applies is to be given an additional amount of time within which to complete the continuing training specified by this rule, as applicable to the type of foster home the caregiver is certified to operate. The additional time is to be one month for each month the caregiver was on active duty. Any training that is not met at the end of a training period applying the preceding sentence is to be waived by the agency. When a waiver of training is approved by an agency under this paragraph, the training for the next training period is to be the same as for any other caregiver operating a foster home of the type for which the foster caregiver is certified. The agency is to document any such extension of time in the foster caregiver's record.

(1) The foster caregiver has served in active duty outside Ohio with a branch of the armed forces of the United States for more than fifteen days in the preceding training period.

(2) The foster caregiver has served in active duty as a member of the Ohio organized militia, as defined in section 5923.01 of the Revised Code, which includes the Ohio national guard, the Ohio naval militia and the Ohio military reserve, for more than fifteen days in the preceding training period and that active duty relates to either an emergency in or outside of Ohio or to military duty in or outside of Ohio.

View Appendix

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-34 PCPA and PNA case plans and administrative case reviews for direct placements.

(A) A private child placing agency (PCPA) or private noncustodial agency (PNA) which accepts a direct placement of a child from a parent, guardian or custodian, shall develop and prepare a case plan on the child and family.

(1) The case plan is to be developed and prepared within thirty days from the date of placement of the child.

(2) The case plan is to be a separate part of the case record.

(3) If the child is placed for less than thirty consecutive days, a case plan is not required.

(B) A PCPA or PNA shall develop, review or amend the case plan only with the participation of the child's parent, guardian or custodian. A case plan or amendment to the case plan shall be signed by the child's parent, guardian or custodian. A copy of the signed case plan or any amendment to the case plan shall be provided to the child's parent, guardian or custodian.

(C) A PCPA or PNA which has accepted a direct placement of a child shall complete an administrative review of the case plan no later than six months after the date of placement.

(D) After the first administrative review, the PCPA or PNA shall continue to conduct administrative reviews every six months.

(E) Each administrative review required for a child in a direct placement shall comply with the following requirements:

(1) The administrative review shall be conducted by a review panel of at least three persons. The review panel shall include at a minimum:

(a) A caseworker with day-to-day responsibility for, or familiarity with the management of the child's case plan; and

(b) A person who is not responsible for the management of the child's case plan, or the delivery of services to the child or his parent, guardian, or other individual holding custody of the child.

(2) The administrative review shall include a joint meeting by the review panel with:

(a) The child if age appropriate.

(b) The child's parent, guardian, or custodian.

(c) The child's substitute caregiver.

(d) Any other person the agency deems appropriate.

(3) All persons shall be given the opportunity to submit any written materials to be included in the child's case record. If a parent, guardian, custodian or substitute caregiver declines to participate in the administrative review after being contacted, the PCPA or PNA does not have to include them in the joint meeting.

(4) The administrative review shall be summarized in writing by the PCPA or PNA to include all of the following:

(a) A conclusion regarding the appropriateness of the child's placement;

(b) The extent of compliance by all parties with the case plan;

(c) The extent of progress made toward alleviating the circumstances that precipitated the parent, guardian or custodian to enter into a direct placement agreement with the agency;

(d) An estimated date by which the child may be returned home, placed with a relative or other suitable nonrelative or prepared for independent living;

(e) An explanation regarding any changes that the PCPA or PNA is proposing in the case plan; and

(f) The names of all persons who participated in the administrative review.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: April 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-35 Foster Youth Bill of Rights.

(A) No court, agency, resource caregiver, residential facility or any employee, volunteer, intern or subcontractor of an agency, court or residential facility is to in any way violate any of the following rights of children:

(1) The right to be free from physical, verbal, and emotional abuse and inhumane treatment.

(2) The right to be protected from all forms of sexual abuse and exploitation.

(3) The right to receive timely and consistent access to:

(a) Housing that is a clean and safe living environment, free of infestation and contaminants. This includes the right to enter their housing at any time during their placement.

(b) Food in accordance to rule 5101:2-7-06 or 5101:2-9-20 of the Administrative Code. This includes the right to have other special considerations regarding food as a result of trauma included in their service and/or case plan.

(c) Clothing appropriate to the child's age and gender identity. This includes the right to participate and provide input regarding the selection of their clothing.

(4) The right to privacy and personal belongings.

(5) The right to their own money. As age and developmentally appropriate, the right to earn their own money, open a bank account, and be provided guidance on how to save and spend money. For youth age fourteen and older, this is to be addressed as a part of the youth independent living plan pursuant to rule 5101:2-42-19 of the Administrative Code.

(6) The right to visitation and communication with parents, siblings, other family members, non-related kin, friends and significant others from whom they are living apart, in accordance with the child's service or case plan. Unless restricted in the case plan or in accordance to paragraph (E) of this rule, the youth has the right to communicate with these persons in private.

(7) The right to contact their attorney, caseworker, custodial agency worker, probation officer, court appointed special advocate (CASA) and guardian ad litem (GAL) as well as other professionals involved with the youth in private, within twenty-four hours of the request. Each of the phone numbers for these individuals and the recommending and custodial agency hotline is to be accessible to the youth.

(8) The right to have their opinions heard and be included when any decisions are being made affecting their lives. As age or developmentally appropriate, this includes the right to be invited to and prepared for meetings and court hearings including information about their permanency options.

(9) The right to receive timely, adequate, and appropriate medical care, dental services, vision care, and mental health services. This includes the right to have appointments scheduled and be transported to these appointments.

(10) The right to enjoy freedom of thought, conscience, and religion or to abstain from the practice of religion.

(11) The right to receive appropriate and reasonable guidance, support, and supervision from adults in their lives including parents, resource caregivers, agency staff, mentors, youth advisory boards, and others, as applicable.

(12) The right to participate in an appropriate educational program including the following:

(a) The right to provide their input regarding selection of schools consistent with the Every Student Succeeds Act (ESSA) 2015.

(b) The right to participate in educational and school related activities, without any barriers to access.

(c) For youth aged fourteen and older, the right to have access to information regarding vocational and post-secondary educational programs and financial assistance for post- secondary education.

(13) The right to life skills preparation pursuant to rule 5101:2-42-19 of the Administrative Code.

(14) The right to participate in age-appropriate extracurricular, enrichment, and social activities per section 2151.315 of the Ohio Revised Code.

(15) The right to protection against being discriminated against or harassed on the basis of race, sex, gender, gender identity, sexual orientation, disability, religion, color or national origin.

(B) The custodial agency is to ensure the foster youth bill of rights and/or a copy of the JFS 01677 "Foster Youth Rights Handbook" pursuant to rule 5101:2-42-90 of the Administrative Code, along with the agency's complaint procedure, pursuant to rule 5101:2-33-20 of the Administrative Code, are explained to each child as developmentally appropriate and provided to all children in custody.

(C) A residential facility is to include the foster youth bill of rights in the handbook for residents and their families required pursuant to rule 5101:2-9-15 of the Administrative Code. The residential agency is to ensure the following:

(1) Children in the care of the agency have ongoing access to the handbook for residents and youth aged fourteen and older have ongoing access to the JFS 01677.

(2) The list of the foster youth bill of rights along with the facility's complaint procedure pursuant to rule 5101:2-9-24 of the Administrative Code is to be clearly posted in each facility so that it may be easily seen by all children.

(D) An agency operating a foster care or independent living program is to include the foster youth bill of rights in any handbook used by the agency for children in the care of the agency. The agency is to ensure children in the care of the agency:

(1) Are provided the list of foster youth bill of rights and the agency's complaint procedure which are explained to each child as developmentally appropriate and provided to all children.

(2) Have ongoing access to the handbook, if applicable, and the agency's complaint procedure.

(3) Youth aged fourteen and older have ongoing access to the JFS 01677.

(E) Restrictions upon a child's rights should be reserved only for instances where it is necessary for the health and safety of the child or others. If an agency places any restrictions upon a child's rights for more than two hours, the agency is to:

(1) Inform the child immediately and the child's custodian within twenty-four hours of the conditions of and the reasons for the restriction of rights.

(2) Place a written report summarizing the conditions of and reasons for the restriction of the child's rights in that child's record maintained pursuant to rule 5101:2-5-10 and/or 5101:2-33-70 of the Administrative Code.

(3) Inform the individual of the conditions of and reasons for the action, as appropriate, when a restriction of a child's rights affects another individual.

(4) Document review of this decision at least weekly. Any such restriction is to be included in the service and/or case plan and approved by the child's custodian.

(F) Nothing in this rule prevents a resource caregiver or residential facility from providing care, supervision, and discipline pursuant to rule 5101:2-7-09 or 5101:2-9-21 of the Administrative Code.

(G) If the rights of a youth, as established in this rule, conflict with the rights of a resource family or resource caregiver, as established in rule 5101:2-42-20 of the Administrative Code, the rights of the youth is to preempt the rights of the resource family or resource caregiver.

(H) The rights established by this rule do not create grounds for a civil action against the department, the recommending agency, or the custodial agency.

Last updated August 17, 2026 at 2:29 PM

History

• Effective: November 15, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-36 Additional requirements for an agency that acts as a representative of ODJFS in recommending treatment foster homes for certification.

(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.

(C) The treatment team shall develop a service plan in accordance with the following requirements:

(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 5180:2-5-37 Additional requirements for an agency that acts as a representative of ODJFS in recommending medically fragile foster homes for certification.

(A) The recommending agency shall not allow a medically fragile child to be placed in a foster home unless the foster caregiver(s) has been certified to operate a medically fragile foster home pursuant to this rule and rule 5101:2-7-17 of the Administrative Code. The recommending agency shall document in the homestudy of the caregiver's file how a foster caregiver for medically fragile children meets the requirements in paragraph (A) of rule 5101:2-7-16 of the Administrative Code.

(B) The recommending agency shall assign a treatment team to each medically fragile child placed in a medically fragile foster home. A licensed physician, licensed nurse practitioner or a registered nurse shall supervise the medical aspects of the child's service plan.

(C) A service plan shall be developed by the treatment team in accordance with the following requirements:

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

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

(3) Service plan approval and any revisions shall be completed by the individual assigned under paragraph (B) of this rule who is supervising the medical aspects of the child's service plan and approved by the treatment team leader's supervisor.

(4) All treatment team members shall be notified in advance of each treatment team meeting and invited to participate. Documentation of the invitations shall be maintained in the child's record.

(D) The service plan for a medically fragile child placed in a medically fragile foster home shall include:

(1) A nursing treatment plan signed by a licensed physician. The nursing treatment plan shall be reviewed and approved by a licensed physician at least every sixty days. The nursing treatment plan shall list all of the following:

(a) Any special instructions for the care of the child.

(b) The child's medications including instructions for administering the medications and potential side effects.

(c) The child's nursing needs.

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

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

(4) The projected length of the child's stay in the foster home.

(5) The criteria to be met 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

(6) Aftercare services to be provided or arranged.

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

(E) If the service plan developed by the treatment team recommends any special needs for the child that would conflict with any rule in Chapter 5101:2-7 of the Administrative Code, the service plan shall be followed.

(F) The recommending agency shall develop an individual plan for respite care for each medically fragile child placed in a medically fragile foster home. 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 medically fragile child placed in a medically fragile foster home shall be included in the child's case record.

(G) The agency shall ensure that a member of the agency's professional staff shall be on-call for foster caregivers for medically fragile children and each medically fragile child placed in a medically fragile foster home on a twenty-four hour, seven day a week basis.

(H) The agency shall ensure that foster caregivers for medically fragile children are provided with a manual containing all policies, procedures and other information related to the program not later than the date the individual becomes certified as a foster caregiver for medically fragile children. The agency shall provide foster caregivers for medically fragile children copies of any revisions to the manual within thirty days of the revision.

(I) The agency shall coordinate with the agency holding custody of a medically fragile child 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.

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

(K) The recommending agency shall ensure the caregiver is provided written step-by-step instructions for each skilled procedure required to be performed for each medically fragile child placed in the home. Documentation of the receipt of this information shall be maintained in the caregiver's record and in the child's record.

(L) At the following times the agency shall disclose to the foster caregiver for medically fragile children all information available to the agency about the child and his family pursuant to rule 5101:2-42-90 of the Administrative Code:

(1) At the time of a child's placement in a medically fragile foster home.

(2) Whenever additional information becomes available.

(M) The agency shall ensure 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 medically fragile foster care. Documentation of the training topics shall be maintained in the child's record.

(N) All professional treatment staff shall be appropriately licensed and shall annually complete at least fifteen hours of training in specific issues addressing the needs of medically fragile children and the mission of the agency.

(O) The agency shall ensure that all professional treatment staff are provided with a manual of all policies and procedures relevant to the program at the beginning of their employment with the agency.

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

(Q) The recommending agency shall ensure a certified foster caregiver for medically fragile children complies with the following occupancy limits:

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

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

(b) The justification, which may include the need to place a sibling group, or the abilities of a particular family in relation to the intensive needs of a particular child, shall be documented in the child's case record and in the medically fragile foster home record.

(c) A foster caregiver for medically fragile children who is also an appropriately trained and licensed professional may provide care for not more than five medically fragile foster children placed in the caregiver's home. An appropriately trained and licensed professional is considered one of the following:

(i) A registered nurse.

(ii) A licensed practical nurse.

(iii) A licensed emergency medical technician.

(iv) A physician assistant.

(v) A licensed physician.

(d) The recommending agency of a medically fragile foster home shall notify, within seventy-two hours, all agencies holding custody of any other children placed in the home if more than two medically fragile children are placed in a medically fragile foster home.

(2) 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 (Q)(1) of this rule.

(R) The agency shall ensure that professional treatment staff shall have consultation at least every two weeks and at least monthly face-to-face contact with the foster caregiver for medically fragile children or at least one member of a foster caregiver for medically fragile children couple or co-parents serving an intensive needs child. At least one of the face-to-face contacts every two months shall take place in the medically fragile foster home.

(S) The agency shall ensure that professional treatment staff shall have face-to-face meetings with each intensive needs child placed in a medically fragile foster home at least every two weeks. At least one of the face-to-face meetings each month shall take place in the medically fragile foster home.

(T) For each medically fragile child placed in a medically fragile foster home, the agency shall assure that the foster caregivers for medically fragile children keep a written record of the child's emotional response to treatment and progress towards achieving the treatment goals identified in the child's service plan.

(1) The written record shall include signed documents of treatment provided by any health care professional providing services to the child, as well as records of any hospitalizations and hospital emergency room or urgent medical care visits.

(2) All documentation shall be maintained current and kept in the manner prescribed by the agency.

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

(V) If a child with special or exceptional needs is placed in a medically fragile foster home, the provisions of rule 5101:2-5-36 of the Administrative Code shall apply for that child.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: May 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-38 Payment of foster caregiver training stipends; reimbursement of training allowances to recommending agencies.

(A) As used in this rule, a training hour means sixty consecutive minutes of instruction and may include a break of not longer than five minutes per training hour when a training session is longer than one training hour in duration.

(B) Stipend payments for foster caregivers are to be made pursuant to the following:

(1) Stipend payments are to be made to the foster caregiver within one hundred twenty calendar days of the completion of the training event for continuing training or within one hundred twenty calendar days after certification for pre-placement training. Stipend payments may not be held or otherwise deferred pending reimbursement by the Ohio department of children and youth (DCY). Stipend payments are to be rendered for fractional hours in quarter hour increments. The stipend rate paid by recommending agencies is to be calculated as follows:

(a) For preplacement training a lump sum payment is to be made in the amount of fifteen dollars per foster caregiver per training hour for all hours completed.

(b) For continuing training, fifteen dollars per foster caregiver per training hour successfully completed within a training session that is a minimum of one training hour in duration.

(c) Recommending agencies are to make stipend payments according to the following:

(i) For preplacement training, the agency that certifies the caregiver is to record the preplacement training in the Ohio comprehensive child welfare information system (Ohio CCWIS) and is to be responsible for paying the stipend to the caregiver upon certification.

(ii) For continuing training, the caregiver's recommending agency is to be responsible for paying all stipends to the caregiver and is to enter all of the training sessions into Ohio CCWIS.

(2) A recommending agency is solely responsible for any foster caregiver stipend payment due that exceeds the amount reimbursable to the recommending agency. A recommending agency is to defer the lump sum stipend payment for preplacement training until the foster caregiver is certified. In these cases, a recommending agency's obligation to remit deferred lump sum stipend payments for preplacement training begins upon the caregiver's date of certification.

(3) A recommending agency may decline to make a stipend payment to a foster caregiver:

(a) If the recommending agency determines that the foster caregiver has not successfully acquired the skills the training was designed to impart and as a result the agency had the foster caregiver repeat the training in accordance with a corrective action plan.

(b) If the training was beyond the scope or the amount of training specified in the foster caregiver's individualized written needs assessment and continuing training plan.

(c) If the training the foster caregiver received was part of a program of self-directed study or otherwise not delivered in a conventional or traditional setting where the principal transfer of knowledge occurred through the physical presence of a trainer whose responsibility it was to impart instruction to the foster parent.

(C) Reimbursement of foster caregiver stipend payments to recommending agencies.

(1) DCY will reimburse recommending agencies for stipend payments made to foster caregivers pursuant to paragraph (B) of this rule.

(2) For preplacement training, DCY will reimburse lump sum stipend payments made by recommending agencies as follows:

(a) The amount of fifteen dollars per foster caregiver per training hour for hours recorded by an agency in Ohio CCWIS. DCY will reimburse according to the following:

(i) For pre-adoptive infant homes, twelve hours.

(ii) For a family foster home, twenty-four hours.

(iii) For a specialized foster home, twenty-four hours.

(b) For an existing family foster home that is receiving preplacement training to become a specialized foster home, the reimbursement will be made in the form of continuing training as specified in rule 5101:2-5-25 of the Administrative Code.

(3) For continuing training, DCY will reimburse stipend payments made by recommending agencies per the following schedule of training hours:

(a) For a pre-adoptive infant home, not more than twenty-four training hours during each two-year training period for each caregiver that is required to be trained.

(b) For a family foster home, not more than thirty training hours during each two-year training period for each caregiver that is required to be trained.

(c) For a specialized foster home, not more than forty-five training hours during each two-year training period for each caregiver that is required to be trained.

(4) For the purpose of determining if a stipend reimbursement is owed to a recommending agency for continuing training, DCY will count only training hours that are received during the two-year period after the foster caregiver's date of certification, and for each two-year period thereafter.

(5) DCY will not reimburse a recommending agency for any stipend payment made by a recommending agency when the training the foster caregiver received was part of a program of self-directed study or otherwise not delivered in a conventional or traditional setting where the principal transfer of knowledge occurred through the physical presence of a trainer whose responsibility it was to impart instruction to the foster parent. Subject to restrictions that may otherwise be imposed elsewhere by this chapter, such non-traditional training may be counted by the recommending agency as acceptable training hours in meeting the minimum number of training hours necessary to qualify the foster caregiver to obtain or maintain such foster caregiver's certification.

(6) DCY will not reimburse a recommending agency for any stipend payment made for time consumed by a lunch or dinner break that occurs during a training session.

(7) For the purpose of computing the maximum number of preplacement and continuing training hours that will qualify for stipend reimbursements, a foster caregiver's training history will always be aggregated over the caregiver's entire service history and will not be reset by the movement of the foster caregiver from the supervision of one recommending agency to another.

(D) DCY will pay a training allowance to each private recommending agency to compensate that entity for its costs in providing, securing or procuring training for foster caregivers through a preplacement training program or continuing training program operated under rule 5101:2-5-40 of the Administrative Code. The allowance rate will be twenty dollars per foster caregiver per training hour successfully completed within a training session.

(1) A private recommending agency may enter a preplacement training session into Ohio CCWIS prior to the certification of a foster caregiver in order to receive a training allowance.

(2) If a private recommending agency enters a continuing training session into Ohio CCWIS in order to receive a training allowance, the agency is to have paid a stipend to the particpant for the same training session.

(3) DCY will consider a private recommending agency to have experienced a cost if any of the following items occur:

(a) The private recommending agency pays a trainer or another agency to conduct the training session.

(b) The private recommending agency uses its own staff to conduct the training session and act as trainer.

(c) The private recommending agency rents space and or equipment for the training session.

(d) The private recommending agency provides a box meal or catered meal for foster caregivers attending the training session. DCY will not consider the private recommending agency to have incurred a cost if only break refreshments are provided.

(e) The private recommending agency purchases a curriculum or program of instruction for use in the training session. DCY will not consider the private recommending agency to have experienced a cost for that curriculum or program of instruction when it is used in subsequent training sessions unless the payment of a licensing or royalty fee is necessary for each such use.

(4) DCY will not make an allowance payment for training received or provided at no cost to the private recommending agency. As used in this rule, "at no cost" means that the private recommending agency incurred no out-of-pocket expense for the training session. DCY will not consider a private recommending agency to have incurred a cost when the private recommending agency:

(a) Uses its own facilities or equipment to host or conduct the training session.

(b) Makes copies of instructional materials that will be used in a training session.

(c) Mails training announcements to foster caregivers.

(d) Uses an uncompensated trainer.

(e) Enrolls a foster caregiver for training in a training session held under the auspices of a regional training center of the OCWTP where the regional training center does not require a fee from the private recommending agency for the caregiver to attend the training session.

(E) The recommending agency is to register the foster caregiver's training history in Ohio CCWIS. DCY will pay foster caregiver stipends and private recommending agency allowances only when the recommending agency fully and accurately completes and registers the foster caregiver's training history in Ohio CCWIS.

(F) Recommending agencies are not to submit training registrations for training received or rendered under the adoption assessor training component of the OCWTP.

(G) Submission of training registrations that do not accurately reflect the training history of foster caregivers, or that are filed prior to payment of earned stipends to foster caregivers, will establish a rebuttable presumption that the submitting recommending agency intentionally seeks a training allowance or stipend payment to which it is not entitled.

(1) If the recommending agency is a private entity, the rebuttable presumption may serve as a basis for licensing enforcement proceedings against that private recommending agency.

(2) If the recommending agency is a public children services agency (PCSA), the rebuttable presumption may serve as a basis for the imposition of any penalty permitted by section 5101.24 of the Revised Code.

(H) Each private recommending agency and PCSA is to register an update to a foster caregiver's training history no later than thirty calendar days from the date on which the private recommending agency or PCSA renders a stipend payment to the foster caregiver. Failure to complete the update in this time frame will result in the forfeiture of any stipend reimbursement or allowance payment owed to the private recommending agency or PCSA for the event.

(I) DCY will not issue allowance payments to PCSAs. OCWTP will be responsible for providing foster caregiver training to foster caregivers under the supervision of a PCSA.

(J) All claims for allowance payments and stipend reimbursements are to be perfected within eighteen calendar months subsequent to the month in which the training occurred. Claims made after that time frame will not be honored.

(K) Any failure of an agency to pay a stipend to a foster caregiver within the specified timeframes of this rule will result in the forfeiture of any stipend reimbursement owed to the agency for the event.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-5-40 Preplacement and continuing training plans.

(A) A private child placing agency (PCPA), private noncustodial agency (PNA), or a consortium of such agencies that seeks to operate a preplacement training program or a continuing training program is to submit its training proposal(s) for approval to the agency's assigned Ohio department of job and family services (ODJFS) field office licensing specialist. Each training proposal submitted to ODJFS is to be approved for submission by the administrator or designee of the agency. Each training proposal submitted by a consortium is to be approved for submission by the administrator or designee of the primary agency of the consortium. Submission and approval of training proposals is to follow the time frames listed in paragraphs (B) and (F) of this rule.

(B) A training proposal is to be submitted to ODJFS when the agency creates a new proposal or amends an existing plan. Any amendment to an approved training plan is to be submitted in accordance with paragraph (B) of rule 5101:2-5-13 of the Administrative Code.

(C) A training proposal submitted by a consortium of PCPAs or PNAs is to identify the primary agency that will act as the fiscal agent for the consortium and all other agencies participating in the consortium. The proposal is to be approved for submission by the administrator or designee of the primary agency.

(D) If ODJFS does not approve a PCPA's or PNA's training proposal, and the PCPA or PNA wishes to continue pursuing implementation of a training program, the PCPA or PNA is to submit a revised proposal within fifteen calendar days.

(E) If ODJFS does not approve a PCPA's or PNA's training proposal, or if a previously approved training proposal or plan expires, the PCPA or PNA will not operate a preplacement or continuing training program for foster caregivers until a training proposal has been approved by ODJFS.

(F) The proposal is to include the following information:

(1) The type(s) of training programs to be offered and the projected outcomes for each program. Types of training programs include the following:

(a) Preplacement training for prospective foster caregivers seeking certification to operate a foster home under the PCPA or PNA certified foster care function, including pre-adoptive infant foster home, family foster home, treatment foster home or medically fragile foster home.

(b) Continuing training for foster caregivers certified to operate a foster home under the PCPA or PNA certified foster care function, including pre-adoptive infant foster home, family foster home, treatment foster home or medically fragile foster home.

(2) A statement outlining the types of foster care certifications the training program addresses.

(3) The organization and structure of the training program which is to clearly identify who will be responsible for operating the training program, the staffing level of the program, the person(s) responsible for policy decisions regarding the training program, and whether part of the training program functions will be subcontracted to other individuals, agencies or entities.

(4) The policies and procedures of the training program which include, at a minimum, the following information:

(a) Policies and procedures for assessing foster caregiver training needs and utilizing foster caregivers continuing training plans as the basis for determining course offerings and learning activities such as workshops, coaching, distance learning and self-directed learning and the frequency of the course offerings and learning activities.

(b) Policies and procedures for developing and evaluating courses and learning activities which comprise the training program, including policies and procedures for assessing successful completion of a course and learning activities by the prospective foster caregiver or foster caregiver and procedures for notifying the recommending agency with which a prospective foster caregiver or a foster caregiver is affiliated of the successful completion of the course and learning activities.

(c) Policies and procedures for the selection and evaluation of qualified trainers.

(d) Policies and procedures for notifying agencies and foster caregivers of courses offered by the training program.

(e) Policies and procedures for accepting applications for training courses and scheduling training.

(f) Policies and procedures for maintaining training records, tracking attendance at the training by course offering and by foster caregiver, including notification to the agency of foster caregiver attendance.

(g) Policies and procedures for a written evaluation of the effectiveness of the courses offered and the overall effectiveness of the training program. The policies and procedures is to specify that these evaluations will take place at least once every two years.

(5) A description of course offerings and learning activities which contain, at a minimum, all of the following information:

(a) Course and learning activities title and description.

(b) Target audience (family foster caregivers, treatment or medically fragile foster caregivers, pre-adoptive infant foster caregivers).

(c) Course learning objectives.

(d) Training hours.

(e) Course and learning activity outline.

(f) Qualifications of the trainer or coach.

(G) A PCPA or PNA applying to be approved to operate a preplacement training program for persons seeking certification to operate a pre-adoptive infant foster home is to offer training courses addressing the required topics for a pre-adoptive infant foster home as described in rule 5101:2-5-33 of the Administrative Code.

(H) A PCPA or PNA applying to be approved to operate a continuing training program for foster caregivers certified to operate a pre-adoptive infant foster home is to offer training courses appropriate to the training needs of the pre-adoptive infant foster caregivers that will be trained by the program. Such courses may include, but are not limited to, the following:

(1) Infant care.

(2) Early childhood development, including developmentally appropriate activities.

(3) Cardiopulmonary resuscitation (CPR) and first aid.

(I) A PCPA or PNA applying to be approved to operate a preplacement training program for persons seeking certification to operate a family foster home is to offer training courses addressing the required topics for a family foster home as described in rule 5101:2-5-33 of the Administrative Code.

(J) A PCPA or PNA applying to be approved to operate a continuing training program for foster caregivers certified to operate a family foster home is to offer training courses appropriate to the training needs of the family foster caregivers that will be trained by the program.

(K) A PCPA or PNA applying to be approved to operate a preplacement training program for persons seeking certification to operate a specialized foster home is to offer training courses addressing the required topics for a specialized foster home as described in rule 5101:2-5-33 of the Administrative Code.

(L) A PCPA or PNA applying to be approved to operate a continuing training program for foster caregivers certified to operate a specialized foster home is to offer training courses appropriate to the training needs of the specialized foster caregivers that will be trained by the program. Such courses are to include completion of a first aid training program and a child and adult CPR training program such as those training programs offered by the American red cross, the American heart association, or the equivalent.

(M) A PCPA or PNA submitting a training proposal(s) is to comply with payment and/or reimbursement procedures outlined in rule 5101:2-5-38 of the Administrative Code.

(N) A PCPA, a PNA or a consortium of such agencies operating a preplacement training program or continuing training program approved by ODJFS is to make the program available to prospective foster caregivers or foster caregivers without regard to the type of recommending agency from which a prospective foster caregiver or a foster caregiver seeks a recommendation and without charge to the foster caregiver. A PCPA or PNA may condition the enrollment of a prospective foster caregiver or a foster caregiver based upon the availability of space in the training program.

(O) A regional training center of the Ohio child welfare training program (OCWTP) operating a preplacement or continuing training program may condition the enrollment in a preplacement or continuing training program of a foster caregiver whose recommending agency is a PCPA or a PNA on the availability of space in the training program.

(P) A PCPA or PNA may contract with an individual or a public or private entity to administer a preplacement or continuing training program operated by the agency and approved by ODJFS.

(Q) A public children services agency (PCSA) is not required to submit a training proposal to ODJFS. All foster caregiver training for prospective foster caregivers and foster caregivers recommended for certification by a PCSA is provided or arranged by a regional training center of the OCWTP or arranged by the PCSA with a preplacement or continuing training program operated by a PCPA or PNA that is approved by ODJFS.

Last updated January 23, 2026 at 4:40 PM

History

• Effective: February 15, 2024
• Promulgated Under: 119.03

Chapter 5180:2-7 Foster Care

Ohio Adm.Code 5180:2-7-02 General requirements for foster caregivers and applicants.

(A) A foster caregiver or applicant is to be at least eighteen years of age at the time of initial certification.

(B) A foster caregiver or applicant is to have functional literacy to be able to read and write at the level necessary to participate effectively in the community in which they live. A foster caregiver or applicant is to be able to communicate with:

(1) Any child placed in the home.

(2) The recommending agency.

(3) Health care providers.

(4) Other service providers working with the family or children.

(C) A foster caregiver or applicant may be a legally married couple, a single person or co-parent(s).

(D) A foster caregiver or applicant is to have an income sufficient to meet the basic needs of the household and to make timely payment of shelter costs, utility bills, and other debts. To show the household has an income sufficient to meet the basic needs of the household and makes timely payment of shelter costs, utility bills, and other debts, a foster caregiver or applicant is to provide at a minimum:

(1) For a foster care applicant:

(a) A completed JFS 01681 "Applicant Financial Statement".

(b) Proof of income for the household for the most recent tax year prior to the date of application.

(c) Proof of income for the household for a two month period. The verification of income is to not be dated more than six months prior to the agency's recommendation for initial certification.

(d) At least one utility bill for each utility necessary to maintain the household. The bill or bills is to not be dated more than six months prior to the agency's recommendation for initial certification.

(2) For a certified foster caregiver a completed JFS 01681 if there are any substantial changes to a caregiver's financial situation.

(E) A foster caregiver or applicant and all members of the foster caregiver's or applicant's household is to be free of any physical, emotional, or mental condition which would endanger a child or seriously impair the ability of the foster caregiver or applicant to care for a foster child.

(F) An applicant is to have a physical exam and a JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" completed by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife within one year prior to the agency's initial recommendation for certification. Any additional written documentation of the physical examination is to be completed by the individual who conducted the examination. All household members are to complete a JFS 01653.

(G) An applicant or household member may be required to secure and provide a report in addition to the JFS 01653 of an examination of any member of the household by a licensed physician, psychologist, or other certified or licensed professional if either of the following are applicable:

(1) An applicant or any person residing within the household has suffered a serious illness or injury within the past year.

(2) The recommending agency determines it to be necessary to ensure the safety, health, or care of any foster child who may be placed in the home.

(H) Homes certified prior to June 1, 2020 do not have to comply with immunization requirements.

(I) Immunizations for homes certified on or after June 1, 2020.

(1) All children who are household members are to be up to date on immunizations consistent with the recommendations of the american academy of pediatrics, the advisory committee on immunization practices of the centers for disease control and prevention, and the american academy of family physicians unless the immunization is contrary to the child's health as documented by a licensed health care professional or for reasons of conscience, including religious convictions.

(2) All household members in a home caring for infants and children with special medical needs are to have an annual influenza vaccine consistent with the recommendations of the advisory committee on immunization practices (ACIP) unless the immunization is contrary to the individual's health as documented by a licensed health care professional or for reasons of conscience, including religious convictions.

(3) All household members in a home caring for infants are to be up to date on the pertussis vaccine unless the immunization is contrary to the individual's health as documented by a licensed health care professional or for reasons of conscience, including religious convictions.

(4) Copies of the immunization records are to be placed in the file of the home.

(J) A foster care applicant and a foster caregiver is to meet the criteria for background and criminal checks pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(K) A foster care applicant is to notify the recommending agency of the revocation of any foster home license, certificate, or other similar authorization in another state occurring within the five years prior to the date of application to become a foster caregiver in this state.

(1) The failure of a foster care applicant or foster caregiver to notify the recommending agency of any revocation of that type in another state that occurred within that five-year period is to be grounds for denial of the person's foster home application or the revocation of the person's foster home certification, whichever is applicable.

(2) If a person has had a revocation in another state within the five years prior to the date of the application, the Ohio department of job and family services (ODJFS) is not to issue a foster home certificate to a prospective foster caregiver.

(L) A foster care applicant is to notify the recommending agency in writing if a person at least twelve years of age, but less than eighteen years of age, residing with the foster care applicant has been convicted of or pleaded guilty to any of the offenses listed in appendix A to rule 5101:2-5-09.1 of the Administrative Code, or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation.

(1) If a foster care applicant fails to notify the recommending agency, the recommending agency is to recommend denial of the foster home application to ODJFS.

(2) ODJFS may deny a foster home application on the grounds that a person at least twelve years of age but less than eighteen years of age residing with the foster caregiver or foster care applicant has been convicted of or pleaded guilty to an offense listed in appendix A to rule 5101:2-5-09.1 of the Administrative Code or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such an offense,. The agency is to review the rehabilitation criteria in appendix C to rule 5101:2-5-09.1 of the Administrative Code considering the age of the delinquent child involved and the age and sex of children that are or would be placed in the foster home.

(M) A foster caregiver is not to operate a foster home as an adult boarding or rooming house.

(N) A foster caregiver is to obtain written approval from the recommending agency prior to conducting any business, or allowing any business to operate, including public or private babysitting services, in a foster home.

(O) A foster caregiver is not to provide or allow public or private babysitting services in a foster home when more than ten children, including foster, natural or adoptive children are present and under the supervision of the foster caregiver at any one time. Any foster caregiver that is an approved or licensed type B family day care home provider is to follow the requirements for approval or licensure as a type B family day care home.

(P) A foster caregiver or applicant is not to apply for licensure as a type A family day care home.

(Q) A specialized foster caregiver is not to apply for licensure as a type B family day care home. A specialized foster care applicant is not to be licensed as a type B day care provider.

(R) A foster caregiver or applicant is to obtain an approved inspection by a state certified fire safety inspector or the state fire marshal's office certifying that the foster home is free from conditions hazardous to the safety of foster children. The approval is to have occurred within twelve months prior to the initial recommendation for certification.

(S) A foster caregiver or applicant is to complete all preplacement and continuing training as required by rule 5101:2-5-33 of the Administrative Code and any additional hours of training required by the recommending agency's written training plan.

(T) A foster caregiver or applicant is to comply with all agency policies or instructions including cooperating fully with the agency during the certification process.

(U) A foster caregiver is not to violate a child's rights as described in paragraph (A) of rule 5101:2-5-35 of the Administrative Code.

(V) A foster care applicant is to comply with the assurances as listed on the JFS 01691 "Application for Child Placement." A foster caregiver is to comply with the assurances as listed on the JFS 01331 "Notice of Expiration and Reapplication for a Foster Home Certificate or Adoption Homestudy Approval."

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-03 The care and treatment team.

(A) A foster caregiver shall work cooperatively with agency representatives as a member of a care and treatment team responsible for planning, providing and discussing the care and services provided to a foster child and shall fully disclose all information related to a foster child's problems or progress to agency representatives.

(B) As a member of the care and treatment team, a foster caregiver shall participate in a review with the recommending agency once every two years to evaluate the strengths and growth areas of the foster home and of the support services of agency representatives to the foster caregiver.

(C) A foster caregiver shall work cooperatively with agency representatives in the conducting of an independent living skills assessment on an age appropriate foster child, and, as requested, provide instruction to a foster child on independent living skills.

(D) A foster caregiver shall not prohibit the foster child from participating in independent living services.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-04 Records and confidentiality.

(A) A foster caregiver shall maintain a record on each foster child which shall include:

(1) A copy of the current child care agreement between the agency and the foster home and any written case plan provided by the agency.

(2) Reports of scholastic performance that shall include:

(a) Report cards.

(b) Diplomas.

(c) Certificates of achievement or merit.

(3) Medical information and current instructions regarding a foster child's health care provided by:

(a) A foster child's physician.

(b) The placing agency.

(4) The name and telephone number of the recommending agency contact person or the custody holding person or agency as applicable.

(5) Data which is pertinent to the foster child's lifebook as referenced in rule 5101:2-42-67 of the Administrative Code.

(B) A foster caregiver shall give a foster child's record and all other official documents regarding the foster child to the agency when the foster child leaves the home.

(C) A foster caregiver shall not disclose or knowingly allow the disclosure of any information regarding a foster child or the foster child's family to persons not directly involved in the foster child's care and treatment on an official basis.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-05 Sleeping arrangements.

(A) The presence of a foster child in a foster home shall not cause any other resident of the home to be deprived of a bed or bedroom.

(B) A bedroom for foster children shall:

(1) Have at least one outside wall window. The window shall be screened and capable of opening and closing unless the room is provided with a ventilation system which provides fresh air such as a central air conditioning system.

(2) Accommodate no more than four children.

(3) Include storage space for personal belongings and closet or dresser space for clothing.

(4) Provide a safe and comfortable sleeping area ensuring reasonable privacy and access to adult supervision, as appropriate to the age and functioning level of each foster child.

(5) Not have the entry to a foster child's bedroom located so as to require the foster child to pass through another bedroom or a bathroom in order to enter his or her bedroom or to require another person to pass through the foster child's bedroom to enter another room if the foster home was recommended for initial certification after July 1, 2000.

(6) Have floor-to-ceiling walls and a standard door.

(7) Be provided with reasonable access to an emergency exit.

(8) Not be on a floor higher than the second floor or in a basement unless approved in writing by a fire safety inspector.

(9) Be comparable in appearance in terms of wall coverings, floor coverings, and general decor to other bedrooms used by other children residing in the foster home.

(10) Approved by the agency prior to placement.

(C) A foster child shall not share a bedroom with a child of the opposite sex, except when all children sharing the room are under the age of five years, or when a foster child who is also a parent is sharing a bedroom with his or her own child.

(D) A foster child over one year of age shall not share a sleeping room with an adult without prior approval of the recommending agency.

(E) Each foster child shall be provided with a clean, comfortable, permanent bed and mattress of his or her own. A permanent bed is one that cannot be converted to any other form.

(F) A bunk bed in use shall be equipped with safety rails on the upper tier for a child under the age of ten or for any child whose physical, mental, or emotional condition indicates the need for such protection. A bed shall not be bunked higher than two tiers. A child under six years of age shall not sleep on the upper bunk of a bunk bed.

(G) A foster caregiver shall provide each foster child with clean bed linen at least once per week or more frequently if needed. A foster child shall not be required to sleep on a bed soiled by urine or excrement.

(H) Unless there is a documented reason for a foster child over two years of age or thirty-five inches in height to continue to sleep in a crib, the child shall be provided with a toddler bed or standard bed.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-06 Meals.

(A) A foster home shall comply with the following meal requirements:

(1) Each foster child shall be provided with three meals a day.

(2) Each meal shall be served at regular intervals.

(3) Each meal shall conform to any religious dietary restrictions or any other dietary restrictions.

(4) Each meal shall be provided in accordance with any special instructions prescribed by the foster child's physician.

(5) Food provided to a foster child shall be:

(a) Nutritious.

(b) Well-balanced.

(c) Available in sufficient quantity.

(6) A nutritious snack shall be available to children between meals.

(B) A foster child shall not be denied the opportunity to eat with other members of the foster home.

(C) Each foster home shall use milk that meets the requirements of state laws and local ordinances or regulations for pasteurized or certified milk.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-07 Health services.

(A) A foster caregiver shall be responsible for following instructions of the agency which placed the child for providing health care services to each foster child.

(B) A foster caregiver shall adhere to the following instructions surrounding medications for a foster child:

(1) A foster caregiver shall administer or supervise the administration of prescription drugs to a foster child only for whom the medication was prescribed and according to the prescribing physician's instruction.

(2) Prescription drugs in a foster home shall be kept in the original container, labeled with the foster child's name, the correct dosage and relevant instructions.

(3) All prescription drugs in a foster home shall be stored in a locked cabinet or storage area except that an inhaler or other medication may be available to a person with a special health condition, who may need these for an emergency.

(4) Prescribed drugs shall be disposed of in a safe manner when the prescription is no longer current.

(5) Any side effects of prescription drugs shall be reported immediately to the prescribing physician and the recommending agency.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-08 Alternative care arrangements.

(A) A foster caregiver shall be responsible for the full-time care of a foster child. This does not prohibit both foster caregivers in the case of a couple, co-parents or a single foster caregiver from working outside the home.

(B) Alternative arrangements for the care of a foster child by someone other than the foster caregiver shall be approved by the recommending agency.

(C) Alternative arrangements for the care of a foster child does not include arrangements that are being made in accordance with the reasonable and prudent parent standard as described in division (C) of section 5103.162 of the Revised Code.

(D) A foster caregiver shall have prior written approval by the recommending agency of a plan for the care of a foster child in emergency situations.

(E) A foster caregiver shall have a statement showing prior approval by the recommending agency for each foster child specifying whether or not the foster child may be left unattended and, if so, for what period of time.

(F) If a foster caregiver arranges for a foster child to be cared for in a child care center or by a type A or type B child care provider, the foster caregiver shall:

(1) Ensure the child care center, type A or type B child care provider is licensed in accordance with Chapter 5101:2-12, 5101:2-13, or 5101:2-14 of the Administrative Code.

(2) Provide documentation to the recommending agency that the child care center, type A or type B child care provider is currently licensed.

(G) When a foster caregiver of a specialized foster home requests respite care, it shall be provided in accordance with paragraph (A)(11) of rule 5101:2-5-13 of the Administrative Code.

Last updated July 21, 2026 at 1:05 PM

History

• Effective: April 1, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-09 Care, supervision and discipline.

(A) A foster caregiver shall treat each foster child with kindness, consistency, and respect.

(B) A foster caregiver shall not discriminate in providing care and supervision to foster children on the basis of race, sex, gender, sexual identity, sexual orientation, religion, color or national origin.

(C) A foster caregiver shall provide humane, instructive discipline appropriate to the age and functioning level of a foster child.

(1) Disciplinary methods shall stress praise and encouragement for desired behavior rather than punishment.

(2) All rules and expectations made by a foster caregiver shall be explained to a foster child in a manner appropriate to the child's age and understanding during the child's initial orientation and prior to any disciplinary action for violations of such rules.

(3) A foster child shall not be punished for actions over which the child has no control.

(4) A foster child shall not be punished for bed-wetting or in the course of toilet training activities.

(D) A foster caregiver shall not subject a foster child to verbal abuse or swearing; to derogatory remarks about foster children and their families, race, sex, gender, sexual identity, sexual orientation, religion, color or national origin; or to threats of physical violence or removal from the foster home.

(E) A foster caregiver shall not use any of the following practices for a foster child:

(1) Physical hitting or any type of physical punishment inflicted in any manner upon the body including but not limited to spitting, spanking, paddling, punching, shaking, biting, hair pulling, pinching, or rough handling.

(2) Physically strenuous work or exercises, when used as a means of punishment.

(3) Requiring or forcing a foster child to take an uncomfortable position, such as squatting or bending, or requiring a foster child to repeat physical movements when used as a means of punishment.

(4) Denial of social or recreational activities for excessive or prolonged periods of time, as defined by the agency.

(5) Denial of social or casework services, medical treatment, or educational services.

(6) Deprivation of meals.

(7) Denial of visitation or communication rights with the family of the foster child as a means of punishment.

(8) Denial of sleep.

(9) Denial of shelter, clothing, bedding or restroom facilities.

(F) Physical restraint of a foster child shall only be utilized by a caregiver who has received specific training and annual review in acceptable methods of restraint. Documentation of such training shall be contained in the foster home record.

(G) Physical restraint may be used by a caregiver when there is an imminent risk of physical harm:

(1) For self protection.

(2) For protection of the child from self-destructive behavior.

(3) To protect another person from a foster child.

(H) A foster caregiver shall use only the least restrictive physical restraint necessary to control a situation. A foster caregiver shall not use any device to prevent or restrict movement as punishment or for convenience.

(I) If physical restraint is used, a foster caregiver shall:

(1) Notify the recommending agency immediately following the use of physical restraint.

(2) Submit a detailed written report to the recommending agency within twenty-four hours following the use of physical restraint.

(J) If the foster caregiver notifies the recommending agency that the caregiver used physical restraint, the recommending agency shall:

(1) Notify the placing agency (if different) within twenty-four hours of the receipt of the detailed written report of the use of physical restraint from the caregiver.

(2) Place a copy of the written report of the use of physical restraint from the caregiver in the foster child's record and in the foster caregiver's record.

(K) A foster caregiver shall not use any form of prone, chemical or mechanical restraint on a foster child.

(L) Any act of omission or commission by a foster caregiver or other member of the household which results in any of the following toward a foster child may be grounds for the denial or revocation of a foster home certificate:

(1) Death.

(2) Injury.

(3) Illness.

(4) Abuse.

(5) Neglect.

(6) Exploitation.

(M) Any recommendation to revoke the certificate of a foster caregiver may be made by the recommending agency supervising a foster home or the Ohio department of job and family services.

(N) Concerning the hygiene needs of a foster child, the foster caregiver shall:

(1) Ensure that:

(a) Each foster child's clothing and footwear shall be clean, well-fitting, seasonal and appropriate to the child's age and gender identity.

(b) Each foster child capable of meeting their own personal hygiene needs shall be provided with adequate personal toiletry supplies appropriate to the child's age, sex, gender, sexual identity, sexual orientation, race and national origin.

(2) Provide each foster child instruction on good habits of personal care, hygiene, and grooming appropriate to the child's age, sex, gender, sexual identity, sexual orientation, race, national origin and need for training.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-10 Care of a foster child under age two.

(A) A foster child under two years of age or under thirty-five inches in height shall be provided with a full-sized crib which meets the following requirements:

(1) Crib slats shall be no more than two and three-eighths inches apart.

(2) Decorative cutout areas on crib end panels which could entrap the head of a child are not permitted.

(3) Only cribs that are compliant with the U.S. consumer product safety commission specifications shall be used.

(4) Each crib shall have a firm mattress which is at least one and one-half inches thick and covered with a waterproof material not dangerous to a child. The mattress shall fit close enough in the frame so that there is no more than one inch between the mattress and the sides of the crib.

(B) A bassinet or cradle may be used only for infants less than fifteen pounds in weight.

(C) A foster child under two years of age shall be provided with the following:

(1) Regular opportunities for individual attention and physical contact with a caring adult.

(2) Consistent and regular opportunities for safe and comfortable participation in developmental activities, as appropriate to the child's age and developmental ability, such as:

(a) Sitting.

(b) Crawling.

(c) Walking.

(d) Playing.

(D) A foster child under two years of age shall be supplied with safe play items appropriate to the child's age and developmental ability.

(E) A foster child under two years of age shall be fed according to instructions from the child's physician or the recommending agency as required by the individual child care agreement. A foster caregiver shall comply with the following requirements when feeding a child under the age of two:

(1) A caregiver shall ensure the child is placed in one of the following:

(a) High chair.

(b) Infant seat.

(c) Held.

(2) No foster child shall be placed in a crib or bassinet for feeding.

(3) A bottle shall not be propped for feeding at any time.

(F) Under both of the following conditions, a foster child under the age of two years may use a toddler bed or standard bed for sleeping:

(1) The foster caregiver, the custodial agency, and the recommending agency agree that the child continually creates a danger to him or her self by climbing out of his or her crib. Written documentation of any agreement shall be signed by a custodial agency representative and maintained in the foster caregiver's record.

(2) The child shall not use the upper bunk of a bunk bed.

(G) No one in the home is to co-sleep or bed-share with infants who are placed in the home.

Last updated August 10, 2026 at 1:01 PM

History

• Effective: June 15, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-11 Socialization and education.

(A) A foster caregiver shall allow privileges and assign responsibilities to a foster child similar to those which would be assigned to a family member of the foster caregiver who is of similar age and functioning level.

(B) A foster caregiver shall make arrangements with the placing agency for each school-age foster child to attend a school which complies with the minimum standards as prescribed by the state board of education and shall ensure that the foster child attends school in accordance with the child care agreement. A foster caregiver that provides home schooling for a foster child shall do so only with the approval of the child's custodial agency. Any home schooling program used by a foster caregiver shall be approved by the public school district in which the caregiver resides and a copy of the approval shall be placed in the foster home record.

(C) A foster caregiver shall encourage a foster child to participate in the following activities as appropriate to the child's age and functioning level:

(1) Community.

(2) School.

(3) Recreation.

(4) Cultural heritage.

(D) Pursuant to section 5103.162 of the Revised Code, a foster caregiver shall use a reasonable and prudent parent standard when considering whether to authorize a foster child who resides in the foster home to participate in extracurricular, enrichment, and social activities in accordance with section 2151.315 of the Revised Code.

(E) A foster caregiver shall, as is necessary and reasonable, arrange appropriate transportation for the foster child to and from the activities listed in paragraphs (C) and (D) of this rule.

(F) A foster caregiver shall permit a foster child to practice the chosen religious faith of the foster child or the foster child's parents, unless it is determined and documented in the child's case plan by the custodial agency that it is not in the child's best interests; and a foster caregiver shall not subject a foster child to any form of religious coercion.

(G) A foster child shall not be baptized or submitted to any religious procedures without prior consent of the child according to their age and functioning level and prior approval of the foster child's parent, guardian or custodian.

(H) A foster caregiver shall, as appropriate, teach a foster child tasks and skills required for life in the community.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-12 Site and safety requirements for a foster home.

(A) A foster home and all structures on the grounds of the home shall be maintained in a clean, safe, and sanitary condition and in a reasonable state of repair. A home shall be a house, mobile home, housing unit or apartment occupied by an individual or a family.

(1) A home is to be free of peeling or chipping paint.

(2) If a potential lead hazard is identified, the recommending agency is to make a referral to the appropriate agency.

(B) Swimming pools.

(1) Are to have a barrier on all sides.

(2) Are to have their method of access through the barrier equipped with a safety device, such as a bolt lock.

(3) Are to be equipped with a life saving device, such as a ring buoy.

(4) If the swimming pool cannot be emptied after each use, the pool is to have a working pump and filtering system.

(C) Hot tubs and spas are to have safety covers that are locked when not in use.

(D) Outdoor recreation equipment on the grounds of a foster home shall be maintained in a safe state of repair.

(E) Outdoor areas on the grounds of or immediately adjacent to a foster home which are potentially hazardous to a foster child placed in the home shall be reasonably safeguarded, considering the age and functioning level of the foster child. Such areas include, but are not limited to:

(1) Water areas, including lakes, ponds, rivers, quarries and swimming pools.

(2) Open pits and wells.

(3) Cliffs and caves.

(4) High-speed or heavily traveled roads.

(F) A foster home shall be adequately heated, lighted and ventilated.

(G) The following are to be stored in a safe manner that prevents the child's access, as appropriate for his or her age and development:

(1) Bleach.

(2) Cleaning materials.

(3) Poisonous or corrosive household chemicals.

(4) Flammable and combustible materials.

(5) Potentially dangerous tools or utensils.

(6) Electrical equipment in or on the grounds of a foster home.

(7) Machinery in or on the grounds of a foster home.

(8) Alcoholic beverages.

(H) A foster home shall comply with the following requirements regarding weapons:

(1) The following weapons kept on the grounds of or in a foster home shall be stored in an inoperative condition in a locked area inaccessible to children:

(a) Firearms.

(b) Air rifles.

(c) Hunting slingshots.

(d) Any other projectile weapon.

(2) All ammunition, arrows or projectiles for such weapons shall be stored in a separate locked space.

(3) Any foster caregiver who is also a law enforcement official and can document that their jurisdiction requires them to have ready and immediate access to their weapon shall be exempt from the requirements of this paragraph.

(I) A foster home shall have a working telephone or be able to demonstrate to the recommending agency reasonable access to a working telephone for emergency situations.

(J) Appropriate emergency telephone numbers including fire, police, ambulance, poison control, the recommending agency, and each agency with a foster child placed in the home shall be posted in a prominent place in a foster home.

(K) All locks to at least one door to any room or walk in storage area inside a foster home in which a person could become confined shall be of the type which permit the door to be unlocked from either side of the door and be unlocked from the inside of the room or storage area without a key. Locking of the children's bedroom doors while children are sleeping is prohibited. Locking of outside doors and fencing around a yard or outside play area is permitted.

(L) A foster home shall have a continuous supply of safe drinking water. Well water used for drinking and cooking shall be tested and approved by the health department prior to initial certification and annually thereafter.

(M) A foster home shall have working bathroom and toilet facilities located within the home and connected to an indoor plumbing system.

(N) A foster home is to ensure proper water heater temperature not to exceed one hundred-twenty degrees fahrenheit.

(O) Garbage shall be disposed of on a regular basis. Garbage stored outside shall be in covered containers or closed bags.

(P) A foster home shall have a working smoke alarm on each level of occupancy and at least one near all sleeping areas of the home approved by one of the following:

(1) "Underwriter's Laboratory."

(2) A certified fire inspector.

(Q) A foster home is to have at least one carbon monoxide detector on each level of occupancy of the home and at least one near all sleeping areas.

(R) A foster home is to maintain first aid supplies.

(S) A foster caregiver shall have a written evacuation plan for evacuating the home or seeking shelter in the event of fire, tornado or other disaster. This evacuation plan shall contain a primary and alternate escape route for each floor. A foster caregiver shall provide initial orientation and ongoing instruction on the contents of this plan to each foster child in accordance with the foster child's age and functioning level.

(T) All escape routes shall be kept free of clutter and other obstructions.

(U) Household heating equipment used in a foster home shall be equipped with appropriate safeguards in accordance with the age and functioning level of any foster child in the home.

(V) Heaters.

(1) Unvented heaters that burn kerosene or oil shall not be used.

(2) All heaters shall be approved by "Underwriter's Laboratory" or a certified fire inspector.

(3) All heaters shall not be prohibited by any local zoning ordinances.

(W) A foster home shall have a portable fire extinguisher in working order in or near the cooking area of the home. The fire extinguisher shall be approved by one of the following:

(1) "Underwriter's Laboratory."

(2) A certified fire inspector.

(X) A foster home is to be free from rodents and insect infestation.

(Y) Pets or domestic animals in or on the premises of a foster home shall be kept in a safe and sanitary manner in accordance with state and local laws.

(Z) A foster child shall be protected from animals potentially dangerous to the child's health and safety in or on the premises of a foster home.

(AA) Interior and exterior stairways accessible to children shall be protected by child safety gates or doors according to the child's age and functioning level.

(BB) A foster home shall provide a smoke free environment for foster children.

(1) No smoking shall be permitted in the living area of a foster home or in a vehicle used to transport a foster child.

(2) No smoking is permitted in the presence of a foster child.

(CC) All prescription drugs in a foster home shall be stored in a locked cabinet or storage area except that an inhaler or other medication may be left unlocked if a person has a special health condition that requires the inhaler or medication to be immediately available.

Last updated August 10, 2026 at 1:01 PM

History

• Effective: June 15, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-13 Foster home certificate.

(A) A foster home shall be recommended for certification by only one recommending agency at a time.

(B) The determination of the specific number, age, and sex of children to be placed in a particular foster home is a joint responsibility of the foster caregiver and the recommending agency based on the agency's assessment of the foster caregiver's capability and physical facilities as required in Chapter 5101:2-7 of the Administrative Code.

(C) Nothing in Chapter 5101:2-7 of the Administrative Code shall be construed as requiring an agency to make or to continue the placement of any child with any foster caregiver solely because of the presence of a current certificate.

(D) A foster home shall not accept a child into care directly from a parent, another certified agency or other legally approved placement source without the participation and agreement of the recommending agency.

(E) If the applicants are married to each other, the foster home certificate shall be in the legal names of both spouses residing in the home.

(F) A transfer of a foster home certificate from one agency to another shall be completed in accordance with rule 5101:2-5-31 of the Administrative Code.

(G) A foster caregiver shall terminate the certificate within thirty days of their residence being licensed, regulated, approved, operated under the direction of, or otherwise certified by any of the following:

(1) The department of mental health and addiction services.

(2) A community alcohol, drug addiction and mental health board.

(3) The department of developmental disabilities.

(4) A county board of developmental disabilities.

(5) The health department.

(6) A juvenile court.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-14 Required notification.

(A) A foster caregiver is to notify the recommending agency in writing prior to allowing any person to reside for more than two weeks in the foster home.

(B) A foster caregiver is to notify the recommending agency within one hour of the caregiver gaining the knowledge of any of the following circumstances involving a foster child:

(1) A serious injury or illness involving medical treatment of a foster child.

(2) The death of a foster child.

(3) Unauthorized absence of a foster child from the home.

(4) Removal or an attempted removal of a foster child from the home by any person or agency other than the placing agency.

(5) Any involvement of a foster child with law enforcement authorities.

(C) A foster caregiver is to notify the recommending agency within twenty-four hours or the next working day of any of the other following circumstances:

(1) Any impending change in the marital status of the foster caregiver or in the household occupancy of the home.

(2) Any serious illness or death in the household.

(3) Any fire or other incident, requiring the services of a fire department or emergency personnel occurs at or within the home.

(4) The foster home becomes uninhabitable for any reason.

(D) A foster caregiver is to inform the recommending agency at least four weeks prior to a planned move of the foster caregiver.

(E) A foster caregiver is to inform the recommending agency within thirty days in writing if the foster caregiver is certified to operate a type B family day care home.

(F) A foster caregiver is to notify the recommending agency within twenty-four hours of the caregiver gaining the knowledge of any charge of any criminal offense brought against the caregiver or any adult resident of his home. If the charges result in a conviction, the foster caregiver is to notify the recommending agency within twenty-four hours of the conviction.

(G) A foster caregiver is to notify the recommending agency within twenty-four hours of any charge or complaint brought against any resident of the foster caregiver's home who is at least twelve years of age, but less than eighteen years of age for committing an act that if committed by an adult would constitute a criminal offense.

(H) Pursuant to section 5103.0319 of the Revised Code, a foster caregiver is to also notify the recommending agency in writing within twenty-four hours if a resident of the foster caregiver's home is at least twelve years of age, but less than eighteen years of age, and has been convicted of or pleaded guilty to any of the offenses listed in appendix A to rule 5101:2-5-09.1 of the Administrative Code, or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation. The notification is also required for any conviction or adjudication of delinquency resulting from a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in appendix A to rule 5101:2-5-09.1 of the Administrative Code.

(1) If the recommending agency learns that a foster caregiver has failed to notify the agency, the agency is to notify ODJFS and recommend ODJFS seek an order to revoke the foster caregiver's certification to operate a foster home.

(2) If the recommending agency learns that a prospective foster caregiver has failed to notify the agency, the agency is to notify ODJFS and recommend ODJFS deny the foster caregiver's certification to operate a foster home.

(I) A foster caregiver may voluntarily terminate a foster home certificate for any reason by providing written notice of intent to terminate and the effective date of termination to the recommending agency.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: July 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-15 Transportation.

(A) A foster caregiver is to ensure:

(1) Any person transporting a foster child in a motor vehicle shall be licensed to drive that class of vehicle.

(2) Any vehicle not owned or leased by the foster caregiver that is used to transport a foster child shall be maintained in a safe condition according to state laws.

(3) Any vehicle owned or leased by the foster caregiver is to be reliable, legal and safe for transportation with safety restraints, as appropriate for the child.

(a) Reliable transportation includes a properly maintained vehicle or access to reliable public transportation.

(b) Legal transportation includes having a valid driving license, insurance and registration as appropriate.

(c) Safe transportation includes safety restraints and allowing arrangements with family friends and teen household members as appropriate.

(B) A foster caregiver shall ensure that a foster child transported in a motor vehicle shall at all times be restrained by a seat belt including both a lap belt and a shoulder belt in vehicles that are so equipped.

(C) A foster caregiver shall ensure compliance with any motor vehicle seat restraint requirement of section 4511.81 of the Revised Code.

(D) If the foster child is less than eight years of age and less than four feet nine inches in height, the child shall be properly restrained in a booster seat if paragraph (C) of this rule does not apply. The booster seat shall be placed in the back of any motor vehicle that has a back seat.

(E) If paragraph (C) of this rule does not apply and the foster child is at least eight years of age but not older than fifteen years of age the child shall be restrained in a belt positioning booster seat in a forward-facing position or in a seat belt including both a lap belt and a shoulder belt in vehicles that are so equipped.

(F) All children age twelve and under shall ride in the back seat of a motor vehicle that has a back seat and shall not ride in the front seat of the vehicle unless the vehicle does not have a back seat. If a foster child rides in the front seat of a vehicle as allowed by this rule, the foster caregiver must disable the passenger side airbag if the vehicle is so equipped.

(G) Paragraphs (B), (C), (D) and (E) of this rule do not apply to the foster caregiver who has a signed affidavit by a licensed physician in Ohio or a licensed chiropractor in Ohio. The affidavit shall state that the child who otherwise would be required to be restrained, has a physical impairment that makes use of a child restraint system, booster seat, or an occupant restraining device impossible or impractical, provided the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendation of the physician or chiropractor as noted on the affidavit.

(H) Each foster caregiver shall ensure the recall and safety information issued by the consumer product safety commission (CPSC) related to child safety seats or booster seats are reviewed. Any safety recommendations made by the CPSC in regard to child safety seats or booster seats shall be implemented by the caregiver.

Last updated August 10, 2026 at 1:01 PM

History

• Effective: June 15, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-16 Additional requirements for a treatment foster caregiver and a treatment foster home.

(A) A treatment foster caregiver initially certified after August 21, 2008 shall meet at least one of the following requirements:

(1) A minimum of three hundred sixty-five days of caring for a foster child in placement as a certified foster caregiver.

(2) A minimum of sixty hours of training in a classroom setting that complies with the following:

(a) For an applicant the training shall be completed within twenty-four months prior to the date of initial certification as a specialized caregiver.

(b) For a certified caregiver the training shall be completed within twenty-four months of the certified caregiver's written intent to upgrade their certification if the caregiver does not meet the requirement in paragraph (A)(1) of this rule.

(c) The training shall relate to children with special or exceptional needs as defined in rule 5101:2-47-18 of the Administrative Code.

(3) A minimum of five years cumulative experience caring for a child in the home of the foster caregiver or applicant on a daily basis.

(4) A minimum of one year of cumulative experience caring for a child who has special or exceptional needs as defined in rule 5101:2-47-18 of the Administrative Code in the home of the foster caregiver or applicant on a daily basis.

(B) Each treatment foster caregiver shall successfully complete the number of hours of preplacement and continuing training specified in the recommending agency's training policy required pursuant to rules 5101:2-5-13 and 5101:2-5-33 of the Administrative Code.

(C) Each treatment foster caregiver is a member of the treatment team and shall implement the service plan for each child as prescribed by the recommending agency.

(D) Occupancy limitations for a treatment foster home.

(1) A treatment foster caregiver may provide foster care for not more than five foster children, two of whom have exceptional needs requiring their placement in a treatment foster home.

(a) Any exceptions to the number of children with exceptional needs to be served, must have specific justification in accordance with the agency's policy for matching foster children and treatment foster caregivers pursuant to rule 5101:2-5-13 of the Administrative Code. Such justification, which may include the need to place a sibling group, or the abilities of a particular family in relation to the special or exceptional needs of a particular child, shall be documented in the child's case record and in the treatment foster home record.

(b) If more than two children with exceptional needs are placed in a treatment foster home, all agencies holding custody of any other children placed in the home shall be notified by the treatment foster care program within seventy-two hours of placement.

(2) A treatment foster caregiver may provide care for not more than 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 (D)(1) or (D)(2) of this rule.

(E) A treatment foster caregiver or at least one member of a treatment foster caregiver couple or co-parent shall have weekly consultation and face-to-face contact at least every two weeks with the recommending agency's professional treatment staff. At least one of the face-to-face contacts each month shall be in the treatment foster home.

(F) A treatment foster caregiver shall prepare, and keep current, a written record of the behavior and progress of the child towards achieving the treatment goals as identified in the service plan of each foster child placed in the home as required by the agency.

(G) Under the direction of the treatment team leader, a treatment foster caregiver shall assume primary responsibility for implementing the in-home treatment strategies specified in the child's service plan and any revisions thereto.

(H) A treatment foster caregiver shall work cooperatively with the family of the child according to the child's service plan and case plan.

(I) A treatment foster caregiver shall perform any additional written responsibilities and duties established by the recommending agency for a treatment foster caregiver.

(J) A treatment foster caregiver shall attend and participate in the treatment team meetings for each child placed in his home. If the treatment foster home certificate is in the name of a couple or co-parents, only one caregiver is required to attend the treatment team meetings unless otherwise specified by the recommending agency.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-7-17 Additional requirements for a foster caregiver for medically fragile children and a medically fragile foster home.

(A) A foster caregiver for medically fragile children shall have at least two years of experience caring for medically fragile children or the equivalent medically fragile child care experience, education or training as determined by the recommending agency. This requirement shall not apply to a foster caregiver certified prior to January 1, 2003.

(B) Each foster caregiver for medically fragile children shall successfully complete the number of hours of preplacement and continuing training specified in the recommending agency's training policy for medically fragile foster homes required pursuant to rules 5101:2-5-13 and 5101:2-5-33 of the Administrative Code.

(C) Each foster caregiver for medically fragile children is a member of the treatment team and shall help develop and implement the service plan for each child as prescribed by the recommending agency.

(D) Occupancy limitations for a medically fragile foster home.

(1) With the exception of the provisions of paragraph (D)(2) of this rule, a foster caregiver for medically fragile children may provide foster care for not more than five foster children, two of whom may have intensive needs requiring their placement in a medically fragile foster home.

(a) Any exceptions to the number of medically fragile foster children to be served, must have specific justification in accordance with the agency's policy for matching foster children and foster caregivers for medically fragile children pursuant to rule 5101:2-5-13 of the Administrative Code.

(b) The justification, which may include the need to place a sibling group, or the abilities of a particular family in relation to the intensive needs of a particular child, shall be documented in the child's case record and in the medically fragile foster home record.

(c) If more than two medically fragile 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 recommending agency of the foster home within seventy-two hours of placement.

(2) A foster caregiver for medically fragile children who is also an appropriately trained and licensed professional may provide care for not more than five medically fragile foster children placed in the caregiver's home. An appropriately trained and licensed professional is considered one of the following:

(a) A registered nurse.

(b) A licensed practical nurse.

(c) A licensed emergency medical technician.

(d) A physician assistant.

(e) A licensed physician.

(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 (D)(1) or (D)(2) of this rule.

(E) A foster caregiver for medically fragile children or at least one member of a medically fragile foster caregiver couple or co-parent shall have consultation at least every two weeks and at least monthly face-to-face contact with the recommending agency's professional staff. At least one of the face-to-face contacts every two months shall be in the medically fragile foster home.

(F) A foster caregiver for medically fragile children shall prepare, and keep current, a written record of each medically fragile child's emotional response to treatment and progress towards achieving the treatment goals as identified in the child's service plan.

(1) The written record shall include signed documents of treatment provided by any health care professional, as well as records of any hospitalizations and hospital emergency room or urgent medical care visits.

(2) All documentation shall be maintained current and kept in the manner prescribed by the medically fragile foster care program.

(G) Under the direction of the treatment team leader, a foster caregiver for medically fragile children shall assume primary responsibility for implementing the in-home treatment strategies specified in the child's service plan and any revisions.

(H) A foster caregiver for medically fragile children shall work cooperatively with the family of the child according to the child's service plan and case plan.

(I) A foster caregiver for medically fragile children shall perform any additional responsibilities and duties established by the recommending agency in writing for a medically fragile foster caregiver.

(J) A foster caregiver shall attend and participate in the treatment team meetings for each child placed in the home. If the foster home for medically fragile children certificate is in the name of a couple or co-parents, only one caregiver is required to attend the treatment team meetings unless otherwise specified by the recommending agency.

Last updated January 23, 2026 at 5:28 PM

History

• Effective: April 1, 2019
• Promulgated Under: 119.03

Chapter 5180:2-9 Children's Residential Centers, Group Homes, and Residential Parenting Facilities

Ohio Adm.Code 5180:2-9-02 Staffing requirements.

(A) When children are present during waking hours in a residential facility living unit, there is to be at least one child care staff person for each ten children. Child care staff is to be on duty providing supervision to children where two or more children are congregated to ensure an appropriate level of supervision of all areas of the facility considering the ages and functioning levels of children in care.

(B) Child care staff is to provide supervision within sight or sound of the child or pursuant to the level of supervision specified in the child's service plan. A child may be left alone or unsupervised only in accordance with the service plan of that child.

(C) At least one child care staff person for every five infants or toddlers is to be present in a residential parenting facility to provide care and supervision to children in the absence of teenage mothers.

(D) A residential parenting facility will not permit a teenage mother to provide care or supervision to any child other than her own in the absence of the child's mother or child care staff.

(E) A children's residential center (CRC) or residential parenting facility is to have at least one awake child care staff person in each living unit where children are present during nighttime sleeping hours.

(F) Staff members at a residential facility will not have overnight guests in the facility except for the children of live-in staff members, who have resided in the home and are under the age of twenty-two.

(G) In accordance with rule 5101:2-5-09.1 of the Administrative Code, a criminal records check and background check is to be requested for each person eighteen years of age or older that resides with the staff members in a residential facility.

(H) A JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" is to be completed for each person eighteen years of age or older that resides with the staff members in a residential facility.

(I) Children of staff members and children of residents living in a residential facility are to be counted in all child care staff ratios.

(J) Each residential facility is to have a written work schedule including provisions for use of relief staff, and a backup plan for emergency relief staff.

(K) A residential facility is to have at least one child care staff on site who is:

(1) Trained in the reasonable and prudent parent standard as described in division (C) of section 5103.162 of the Revised Code.

(2) Designated to make decisions involving the participation of a child in age appropriate or developmentally appropriate activities.

(3) Designated to be the caregiver authorized to apply the reasonable and prudent parent standard.

(L) All relief child care staff and emergency child care staff of a residential facility are to meet the requirements of rules 5101:2-5-09, 5101:2-5-09.1 and 5101:2-9-03 of the Administrative Code.

(M) Newly hired child care staff are to be given on-the-job supervision and will not be left unsupervised with residents until all of the following requirements have been met:

(1) The person has completed the initial orientation required by rule 5101:2-9-03 of the Administrative Code;

(2) The person possesses a current American red cross, American heart association or equivalent first aid and cardiopulmonary resuscitation (CPR) certification. The CPR certification is to be the type applicable to the age and size of the children able to be served in the facility.

Last updated August 17, 2026 at 2:28 PM

History

• Effective: February 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-03 Staff development and evaluation.

(A) A residential facility shall provide each child care staff person with a minimum of twenty hours of orientation within the first thirty days after the date of hire. The training required by this paragraph may be conducted outside the residential facility. Regular ongoing duties of an employee, including casework supervision and consultation, shall not be counted toward the requirements of this paragraph.

(1) If a training is conducted outside the residential facility, the training shall include a transfer of learning component prior to or following the training.

(2) The transfer of learning component may include a pretest, a posttest, or a discussion following the training.

(B) Each child care staff person shall receive an additional thirty-two hours of training during the first year of employment. This requirement shall result in each child care staff person receiving a minimum of fifty-two hours of training during the first twelve months of employment. The training required by this paragraph may be conducted outside the residential facility. Regular ongoing duties of an employee, under the supervision of child care staff who have met all of their training requirements, including casework supervision and consultation, shall not exceed fifty per cent of the requirements of this paragraph.

(1) If a training is conducted outside the residential facility, the training shall include a transfer of learning component prior to or following the training.

(2) The transfer of learning component may include a pretest, a posttest, or a discussion following the training.

(C) If an agency requires more than twenty hours of initial orientation, the additional hours may be counted toward the total number of hours required by paragraph (B) of this rule.

(D) Following the completion of the training as required by paragraphs (A) and (B) of this rule, each child care staff person shall receive at least twenty-four hours of annual training related to agency policy, procedure, rules and the population that the agency serves. The training shall include documentation of the transfer of learning components addressed in paragraphs (A) and (B) of this rule. Regular ongoing duties of an employee, including casework supervision and consultation, shall not be counted toward the requirements of this paragraph.

(E) If a child care staff person is or will be providing care for a youth at least fourteen years of age, the person shall be prepared adequately with the appropriate knowledge and skills to understand and address the issues confronting adolescents preparing for independent living, and provide such services as are needed and appropriate. To the extent possible, such services shall be coordinated with the life skills services required to be provided by rule 5101:2-42-19 of the Administrative Code.

(F) If a child care staff person is separated from employment from the agency and returns to work with the agency, the employee shall not be required to complete the new orientation training requirements of paragraph (A) of this rule if the employee returns to work with the agency within one year from the date the employee separated employment.

(G) A child care staff person may still be allowed to work if the employee was not able to meet the continuing training requirements due to any of the following:

(1) Extended leave.

(2) Separation of employment for less than one year.

(3) Extended illness.

(4) Critical emergencies.

(5) Cancellation of training classes.

(H) If a child care staff person fails to complete their continuing training timely:

(1) The employee shall not be left alone with residents until all of the incomplete training hours are met.

(2) The record shall contain documentation of the reason the training hours were not met.

(3) The employee shall complete the missed training within sixty days of returning to work.

(4) The employee is responsible for completing their ongoing annual continuing training in addition to any training they failed to complete.

(I) Initial orientation of new child care staff pursuant to paragraph (A) of this rule shall include, but not be limited to:

(1) Familiarization of the employee with emergency and safety procedures of the residential facility.

(2) The principles and practices of child care.

(3) Administrative structure, procedures, and overall program goals of the residential facility.

(4) The trauma informed approach implemented by the agency as required by rule 5101:2-9-42 of the Administrative Code, if the individual does not have a current "Level 2 Trauma Informed" or "Level 3 Trauma Competent" certificate.

(5) Appropriate techniques of behavior management.

(6) Techniques and methodologies of crisis management including acceptable physical restraint or acceptable alternatives to restraint, if restraint is prohibited.

(7) Familiarization of the employee with the discipline policy restrictions outlined in rule 5101:2-9-21 of the Administrative Code, the discipline and behavior intervention policy required by rule 5101:2-5-13 of the Administrative Code, and any additional requirements the agency may have.

(8) Procedures for reporting suspected child abuse or neglect pursuant to section 2151.421 of the Revised Code.

(9) The emergency medical plan of the residential facility.

(10) Universal precautions.

(11) If a child care staff person will be providing care for a youth at least fourteen years of age, the person shall be prepared adequately with the appropriate knowledge and skills to understand and address the issues confronting adolescents preparing for independent living, and provide such services as are needed and appropriate. To the extent possible, such services shall be coordinated with the life skill services required to be provided by rule 5101:2-42-19 of the Administrative Code.

(12) A review of Chapter 5101:2-9 of the Administrative Code as applicable to the functions of the agency.

(13) The implementation of the community engagement plan as described in division (B) of section 5103.051 of the Revised Code.

(14) The procedures for responding to incidents involving a child at the facility and neighbors or the police as described in division (B) of section 5103.051 of the Revised Code.

(15) The reasonable and prudent parent standard as described in division (C) of section 5103.162 of the Revised Code.

(J) Each residential facility shall assure that all child care staff hired possess a current American red cross, American heart association, or equivalent first aid and cardiopulmonary resuscitation (CPR) certification at the time of hire or within six months following the date of hire. Child care staff of a group home or children's residential center shall be certified in the type applicable to the age and size of the children to be served in the facility. Child care staff of a residential parenting facility and a children's crisis care facility shall be certified in infant, adult and child CPR. The first aid and CPR certifications shall be maintained current at all times unless the employee meets one of the following exceptions:

(1) Extended leave.

(2) Separation of employment for less than one year.

(3) Extended illness.

(4) Critical emergencies.

(5) Cancellation of training classes.

(K) A child care staff person shall not be permitted to work with children without another child care staff who is current on all first aid and CPR training and who is present at all times. If a child care staff person's first aid and CPR certification has been expired for more than ninety days, the staff member shall not be permitted to work in the facility without the required certification.

(L) There shall be at least one staff person with first aid and CPR certification on duty at all times in a living unit.

(M) Each residential facility shall document the completion of the training activities required by this rule in the personnel record maintained pursuant to rule 5101:2-5-09 of the Administrative Code.

(N) Physical restraint of a child shall only be utilized by a child care staff person who has received specific training and annual review in acceptable methods of restraint. Documentation of such training shall be contained in the employee's personnel record.

(O) If the facility revises any policy pertaining to children or child care staff, the child care staff shall receive training on the policy within thirty days of the revision.

(P) If a residential facility has a policy prohibiting the use of physical restraint, the facility shall complete annual training for all child care staff in acceptable alternatives to restraint.

(Q) If a residential facility has a policy allowing the use of physical restraint, the facility shall complete annual training in acceptable methods of restraint for the child care staff.

(R) Physical restraint may be used by child care staff only:

(1) For self protection.

(2) For protection of the child from imminent harm.

(3) To protect another person from the child.

(S) Child care staff shall use only the least restrictive physical restraint necessary to control a situation.

(T) Each residential facility is to ensure completion of initial and annual training for all employees, volunteers, and independent contractors within the facility in trauma-informed care, or the individual must have a current "Level 2 Trauma Informed" or "Level 3 Trauma Competent" certificate.

Last updated August 17, 2026 at 2:28 PM

History

• Effective: March 4, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-04 General maintenance of a residential facility.

(A) All structures, grounds, furnishings or equipment used by or located on the grounds of a residential facility shall be continually maintained in good repair and in clean condition.

(B) All rooms, corridors, and stairways inside a residential facility shall be equipped with operable electric illumination.

(C) Each residential facility shall have working exterior electrical illumination for operable entrances and stairways to occupied buildings.

(D) A residential facility shall have a continuous supply of clean drinking water. If the residential facility's water supply is not obtained from a municipal water supply, a water district water supply or a vendor of bottled water, the facility's water supply shall be tested and approved by a municipal or county health department or by the Ohio department of health within twelve months prior to initial certification and annually thereafter.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: May 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-05 Requirements for residential parenting facility and crisis care facility furniture, materials and equipment; diaper changing.

(A) What safety requirements apply to equipment, materials, and furniture in residential parenting and crisis care facilities?

All equipment, materials, and furniture in a residential parenting facility and crisis care facility are to be sturdy and safe, easy to clean and maintain, and free of sharp points or corners, splinters, protruding nails, loose or rusty parts or other hazardous features.

(B) What precautions should be taken with toys and small objects?

Toys or other materials small enough to be swallowed by an infant or toddler are to be kept out of their reach.

(C) How should cleaning equipment and chemicals be stored?

Cleaning equipment, cleaning agents, aerosol cans, or other chemical substances are to be stored in the original containers or clearly labeled, and not accessible to children. Items are to be locked in a cabinet, drawer or room when not in use.

(D) How should stationary outdoor recreational equipment be maintained?

Stationary outdoor recreational equipment including, but not limited to, climbing gyms, swings or slides are to be securely anchored.

(E) Are lawn mowers or hedge clippers allowed near children?

Lawn mowers, hedge clippers and other similar machinery are not to be used in an outdoor play area when a child is present in the play area.

(F) What safety measures apply to hard surfaces under climbing equipment?

A tile floor, concrete, asphalt, or other hard surface under any indoor or outdoor climbing apparatus are to be covered by a cushioned protective surface, such as, but not limited to, mats, mulch, sand or wood chips.

(G) How should wading pools be managed?

Wading pools are to be stored or are not to be accessible to children when not in use. When any child is in a wading or swimming pool, the child's parent and/or child care staff of the facility are to be present to supervise the child.

(H) What precautions apply to electrical outlets?

All electrical outlets within reach of an infant or toddler are to have protective coverings when not in use.

(I) How should toilets and sinks be adapted for children?

Toilets and sinks are to be of suitable height for use by a child or are to have a sturdy portable platform on which a child may stand.

(J) What are the guidelines for potty chairs?

Potty chairs are not to be located in areas used for food preparation or serving. Potty chairs are to be emptied, washed, rinsed and disinfected after each use.

(K) How often should toilets be disinfected?

Toilets are to be disinfected at least once daily or more often as needed using an appropriate germicidal agent.

(L) How should washable furniture and toys be cleaned?

Washable equipment and furniture are to be cleaned with soap and water at least once per month. Any item soiled during daily use with, but not limited to, blood, vomit, feces, urine and spills are immediately to be cleaned with soap and water and disinfected with an appropriate germicidal agent. Toys and other items placed in a child's mouth are to be cleaned thoroughly and disinfected with an appropriate germicidal solution and rinsed with water at least daily and immediately if soiled with blood, feces, urine or vomit.

(M) What are the requirements for diaper changing areas?

Changing diapers for all non-toilet trained children in a residential parenting facility or crisis care facility are to be handled in conformity with the following methods:

(1) Diaper changes for all non-toilet trained children is to occur in a space that has a hand washing facility.

(2) Hands of the person caring for the child are to be washed with soap and water before and after each diaper change.

(3) When a central diaper changing station is used, there is to be a disposable separation material, that acts as a barrier placed between the child and the changing surface, which is discarded after each use.

(4) Any product used during diapering, which is used on more than one child, is to be used so that the container does not touch the child. Any product obtained from a common container is to be removed and applied in such a manner so as not to contaminate the product or its container. Common containers are to be cleaned and sanitized after each use.

(5) Storage and laundering of soiled diapers are to be handled in accordance with the following methods:

(a) Soiled diapers are to be disposed of in a plastic lined receptacle that prevents hand contamination. The receptacle is to be covered or otherwise enclosed and be inaccessible to children. These containers are to be emptied, cleaned and sanitized at least daily, or more frequently as needed to eliminate odor.

(b) Soiled diapers to be laundered are to be stored in an appropriate germicidal solution, out of the reach of children, until laundered. Diapers to be laundered are to be held for laundering for no longer than one day.

Last updated August 13, 2026 at 8:24 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-06 General Safety.

(A) Can a residential facility maintain explosives, firearms, or similar dangerous items on its grounds?

No residential facility shall maintain any explosives, pyrotechnics, firearms, chemical weapons, or other similar device or substance anywhere on the grounds of the facility.

(B) May staff, children, or security personnel carry weapons while on duty or on the grounds of a residential facility?

No residential facility shall permit any staff person, child, or security personnel to bear any firearm, chemical weapon, or other weapon or similar device while such person is anywhere on the grounds of the facility or on duty or engaged in the transportation of a child. Nothing in this paragraph shall be construed as prohibiting law enforcement authorities from bearing arms when they are present at the residential facility in conjunction with their official responsibilities.

(C) What are the requirements regarding paint conditions in a residential facility?

A residential facility is to be free of peeling or chipping paint. If a potential lead hazard is identified, the Ohio department of children and youth (DCY) is to make a referral to the appropriate agency.

(D) What safety measures are required for elevated structures like porches or patios?

All porches and patios more than thirty-six inches above ground level, elevated walkways, and elevated play areas on the grounds of a residential facility shall be enclosed with barriers designed to prevent falls.

(E) How should workshop or outdoor power-driven equipment be maintained and used?

All workshop or outdoor power-driven equipment used by a residential facility shall be maintained and operated in accordance with manufacturer's instructions. Such equipment may be used by children as permitted by law but only when under the supervision of a staff person.

(F) Is smoking allowed in residential facilities?

Smoking shall not be permitted in the presence of a child. If a residential facility permits smoking, the facility shall allow smoking only in an outdoor designated area. In the designated smoking area there shall be a proper smoking waste receptacle for collection of waste. All employees who engage in smoking shall wash their hands when they reenter the facility. There shall be no smoking in vehicles while transporting children of the facility.

(G) What are the requirements for stairways accessible to children?

All stairways accessible to children within or on the grounds of a residential facility which contain more than four steps shall be equipped with a railing. In addition, any facility which is a residential parenting facility or crisis care facility shall guard all stairways accessible to children with a safety gate.

(H) How should outdoor hazardous areas be managed?

Outdoor areas located on or directly adjacent to a residential facility which are potentially hazardous to residents shall be safeguarded considering the age and functioning level of the residents.

(I) What documentation is required for swimming pools at residential facilities?

Each residential facility must maintain documentation verifying that all swimming pools maintained by the facility comply with the requirements of any local or state codes.

(J) How should pets or domesticated animals be managed?

Pets and other domesticated animals on residential facility premises shall be kept in a safe and sanitary manner in accordance with state and local laws. Pet vaccinations must be kept up to date at all times.

(K) How are children and teenage mothers protected from potentially dangerous animals?

All children or teenage mothers residing at a residential facility shall be protected from animals in or on the premises of the facility which are potentially dangerous to their health and safety.

(L) What are the requirements for door locks in rooms or storage areas?

(1) Any room or storage area within a residential facility where a child could be confined must have at least one door equipped with a lock that can be opened from both sides and unlocked from the inside without a key.

(2) Doors located on the grounds of a residential facility that do not require a lock that can be unlocked from either side of the door are:

(a) A separate entrance to a portion of the residential facility such as a cellar, basement or outside storage room that is not accessible from within the residential facility.

(b) A separate building such as a garage, barn or storage shed on the grounds of a residential facility.

(c) Keys to these type of doors shall be kept in a place accessible only to staff of the facility.

(M) What are the requirements for toilet and shower stall doors?

All doors on toilet stalls and bathtub or shower stalls used by children in a residential facility shall be of the type which permit the door to be unlatched from either side of the door unless the stall design allows emergency access by climbing over or crawling under the partitions.

(N) How must poisonous, toxic, or flammable substances be stored?

(1) Residential facilities that store poisonous, toxic, or flammable substances for any purpose must keep these materials in locked storage areas separate and apart from food and handle them in accordance with the manufacturer's instruction.

(2) Flammable substances are to be stored and vented in accordance with the manufacturer's instructions in addition to any instructions of the local or state fire inspector.

(3) All hazardous material are to be properly labeled.

(4) Laundry supplies, except bleach, may be stored in an unlocked storage space separate and apart from food.

(O) What are the requirements for outdoor recreational equipment?

Stationary or portable outdoor recreational equipment such as designated climbing structures, swings and slides shall be anchored or stable. All recreational equipment must be age-appropriate and suited to the child's functional abilities.

(P) What are the surface requirements around recreational equipment?

Outdoor recreational equipment designated for climbing, swinging and sliding must be installed over a protective, resilient surface that meets the following safety standards:

(1) Fall zones shall have a protective resilient material on the ground under and around the equipment.

(2) The material shall be, but not limited to, washed pea gravel, mulch, sand, wood chips, synthetic material such as rubber mats or tiles manufactured for this purpose. Synthetic surfaces shall follow manufacturer's guidelines for depth.

(3) Equipment shall not be placed over grass, concrete, asphalt, blacktop, dirt, rocks, or any hard surface.

(4) Any loose-fill particulate impact absorbing material under and around recreational equipment shall be checked at least monthly for packing, and shall be turned over or raked up to increase the resilience capability.

Last updated August 14, 2026 at 7:47 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-07 Emergency planning and preparedness.

(A) What are the requirements for a residential facility's emergency procedures?

A residential facility is to develop and implement written procedures for staff and residents to follow in emergencies and disasters. These procedures are to be approved by a local or state fire inspector and are to include:

(1) Specific instructions and procedures for the evacuation of buildings.

(2) Assignment of staff during emergencies.

(3) A contingency plan for the care of residents who have been evacuated.

(4) If the residential facility cares for children with disabilities, the facility is to provide specific instructions for their evacuation.

(B) What is the requirement for residential facilities regarding emergency on-call procedures?

Pursuant to section 5103.0510 of the Revised Code regarding emergencies involving a child under the care and supervision of the facility, each operator of a residential facility is required to establish a twenty-four hour emergency on-call procedure describing how they will respond to contact from:

(1) Emergency departments.

(2) Hospitals.

(3) Law enforcement officers.

(4) First responders (firefighters, paramedics, and emergency medical technicians).

(C) What is the expected response time for a residential facility to address an emergency?

The residential facility is expected to address the emergency within four hours of an emergency call from any of the emergency departments outlined in paragraph (B) of this rule.

(D) Who should a residential facility endure are familiar with the agency's emergency procedures?

The facility is to ensure that all staff and residents are familiar with its emergency procedures.

(E) What is the requirement regarding fire drills and emergency evacuations?

In consultation with state or local fire personnel, the facility is to develop and implement a calendar of periodic fire drills and emergency evacuations at varying times and shifts.

(1) The evacuation plan is to be approved by a fire inspector and clearly posted in each facility so that it may be easily seen by all staff and residents.

(2) Fire drills are to occur at least once each month or in accordance with the calendar of periodic drills developed with fire personnel.

(3) A log of all drills and evacuations is to be maintained within the agency's policies and be available for review upon request.

Last updated January 5, 2026 at 9:02 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-08 Fire safety.

(A) A residential facility is to secure a JFS 01200 "Fire Inspection Report Child Care Facilities Licensed/Certified by the Ohio Department of Job and Family Services" fire safety approval or other form used for a local or state fire inspection in each of the following instances:

(1) Within six months prior to initial certification.

(2) At the time of any major modification or alteration of any existing structure, unless the structure will no longer be in use and is inaccessible to children.

(3) Not more than twelve months following the date of the previous inspection.

(B) A residential facility is not to be certified without an approved fire safety inspection obtained pursuant to paragraph (A) of this rule.

(C) All fire safety approvals are to be secured from the state fire marshal or from a township or municipal fire department which has personnel certified to inspect and approve the fire and building code use group applicable to the residential facility.

(D) Each residential facility is to have smoke detectors located according to instructions of the local fire safety inspector or state fire marshal.

(E) Each smoke detector located in a residential facility is to be tested at least twice annually at regularly spaced intervals. Such testing is to be documented in a log which indicates the date of the test, the results, and action taken if the result of the test indicated that the smoke detector was inoperable or malfunctioning. If the facility has a combined smoke detector and fire alarm system a fire alarm inspection is to be conducted by a company approved to test such equipment at least twice annually at regularly spaced intervals or approved by local or state fire inspector. The facility is to obtain annual alarm system testing and is to have documentation of testing.

(F) Each residential facility is to have fire extinguishers in specific locations as specified by the certified fire inspector. Fire extinguishers are to be inspected as specified by the fire inspector and documentation maintained.

(G) No residential facility is to allow candles to be burned in sleeping areas.

(H) Free-standing wood-burning stoves and unvented heaters that burn kerosene, gas or oil are not to be used in a residential facility.

(I) Portable heaters may be used and maintained in accordance with manufacturer's instructions, if the heater has been approved by the underwriter's laboratory, and are not prohibited by any local or state ordinances or fire inspector.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-09 Emergency medical plan and first aid supplies.

(A) A residential facility shall have a written medical emergency plan which shall include:

(1) Current emergency telephone numbers for fire, emergency squad, police, poison control, and security services.

(2) Locations of first aid supplies.

(a) There shall be first aid supplies in each residential living unit, in each building used by children and in each vehicle used, owned, leased or rented by the residential facility to transport children.

(b) All first aid supplies shall be stored in closed containers and shall be accessible to staff at all times.

(3) General instructions for medical emergencies including supervision of children during the emergency.

(4) General instructions in case of illness of a child.

(B) A residential facility shall document and keep in the employee training records that each employee is trained in implementation of the emergency medical plan.

(C) A copy of the emergency medical plan shall be posted in each building used by children.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: May 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-11 Admissions and admissions log.

(A) What is to be included in a residential facility's admission policy?

(1) A description of the type of child who will be accepted into the facility, including but not limited to age and sex and needs of the child.

(2) The conditions under which a child would not be accepted.

(B) Can a residential facility admit a child who does not meet its admission policy or certified criteria?

(1) A residential facility can not accept into care any child who does not meet the facility's policy or the facility's certified capacity and gender criteria.

(2) Under specific circumstances a facility may admit a child who falls outside of its age limitation policy if, in conjunction with a court. it determines that:

(a) The facility can meet the child's immediate needs; and

(b) The placement will not negatively impact the current population of children served under the agency's policy.

(C) Are adults allowed to be admitted as residents into a residential facility?

A residential facility is not to admit adults as residents into the facility. A facility may admit a person aged eighteen or older if the person meets the definition of a child pursuant to rule 5180:2-1-01 of the Administrative Code and is in the care and custody of a public children services agency (PCSA).

(D) What happens if a current resident turns eighteen?

If a current resident of the facility reaches age eighteen and is expected to graduate from secondary school by his or her nineteenth birthday or remains in the care and custody of a PCSA and meets the definition of a child pursuant to rule 5180:2-1-01 of the Administrative Code, the facility may allow the resident to remain as a resident.

(E) Can children under six years of age be admitted?

A residential facility will not admit any child under the age of six years except:

(1) If the child is at least four years of age and is part of a sibling group being admitted to the residential facility where at least one of the members of the sibling group is six years of age or older. Placement of such child under the age of six years is not to exceed fourteen days.

(2) If the child is the child of a teenage mother being admitted with the child's parent to a residential parenting facility.

(3) If the child is admitted into a children's crisis care facility in accordance with rule 5180:2-9-36 of the Administrative Code.

(4) If the child is admitted into a residential infant care center in accordance with rule 5180:2-9-43 of the Administrative Code.

(F) What agreement is to be in place for each child admitted?

A residential facility is to have a written individual child care agreement for each child, as required by rule 5180:3-13-90 of the Administrative Code, with the person or agency holding custody of the child. A written individual child care agreement will also be executed for each child of a teenage mother placed in a residential parenting facility with the person or agency holding custody of the child.

(G) How should the facility handle child care agreement documentation?

(1) If the custodial agency provided a child's individual child care agreement, the residential facility is to maintain a copy of the agreement in the child's file.

(2) A residential facility is to maintain documentation that the agency requested a copy of each child's individual child care agreement executed between the custodial agency and the residential facility, in the child's record.

(H) Can a residential facility exceed its certified capacity?

A residential facility is not to exceed its certified capacity.

(I) What information is to be included and available in a residential facility's onsite admissions log?

(1) The name of each child admitted.

(2) The date of admission.

(3) The child's date of birth.

(4) The date of discharge.

(5) Such information will also be recorded on the admissions log for a child of a teenage mother admitted to a residential parenting facility.

(J) What documentation is to be completed at or before admission?

(1) A photograph along with a physical description of each child.

(2) Any available medical information.

(3) The name, phone number and address of the custodial agency or custodian placing the child.

(4) The reason for placement.

(5) The name of the person who transported the child to the residential facility and the name of the agency with which the person transporting the child is affiliated, if any.

(6) The name of the placing agency contact person for the child, when applicable.

Last updated August 13, 2026 at 8:25 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-12 Service plans.

(A) When is a service plan to be developed for a child or teenage mother admitted to a residential facility?

The service plan is to be developed in writing and approved within thirty days before or after a child's or teenage mother's admission to the residential facility.

(B) Who is to be invited to help create and carry out the service plan?

(1) The following are to be invited to a meeting for the purpose of the development and implementation of the service plan:

(a) The child, as appropriate to age and functioning level, including a child involved in OhioRISE.

(b) The child's family, if applicable.

(c) The individual or agency that placed the child.

(d) The guardian ad litem (GAL) and probation officer, if applicable.

(e) The court appointed special advocate (CASA), if applicable.

(f) Staff members of the residential facility who provide direct care or service to the youth.

(g) OhioRISE care coordinator, if applicable.

(2) If any party is unable to attend in person, their input may be obtained and documented in writing or through phone or virtual participation.

(C) Who is authorized to approve the service plan in writing?

(1) A licensed social worker.

(2) A licensed independent social worker.

(3) A licensed professional counselor.

(4) A licensed professional clinical counselor.

(5) A civil service employee engaging in social work or professional counseling for a residential facility operated by a public children services agency (PCSA) or a local public entity (LPE) as described in rule 5180:2-5-02 of the Administrative Code. If a civil service employee is not a licensed social worker or licensed counselor, the employee is not to approve service plans for any other facility except a residential facility operated by the PCSA they are employed with.

(D) What is the service plan to include, at a minimum?

(1) A description of child specific goals and objectives the placement is designed to achieve including the timeframe for meeting the placement goals and objectives.

(2) A statement of the placement plans upon discharge.

(3) A description of educational, counseling, recreational, vocational, religious and health care activities or services that will be provided to the child by the residential facility.

(4) A review of medication the child is currently prescribed pursuant to rule 5180:2-9-14 of the Administrative Code.

(5) A description of any specialized services that will be provided or arranged.

(6) Frequency of progress reports to be provided to the individual or agency having custody which placed the child.

(7) Specifications for visitation between the child or teenage mother and family or friends, pursuant to rule 5180:2-9-16 of the Administrative Code.

(8) A behavior intervention plan that is to identify each behavioral management technique to be used with the child and the techniques that are not advised based upon the child's medical, psychological or developmental history. Behavioral management techniques selected are to be based, at a minimum, upon the following considerations:

(a) The age, size and developmental level of the child.

(b) Known behavioral triggers for the child.

(i) Effective positive behavioral interventions and de-escalation strategies.

(ii) Preferred coping mechanisms or supports that help the youth self-regulate.

(c) The nature, pattern, and number of complaints or adjudicated felonies against the child.

(d) The previous placement history of the child (absences without leave, disciplinary problems).

(e) An assessment completed by a certified or licensed health care professional that documents whether there are medical restrictions to the use of specific behavior management interventions or behavior management techniques.

(f) An assessment completed by a certified or licensed practitioner of behavioral science that documents whether there are psychological or developmental restrictions to the use of specific behavior management interventions or behavior management techniques.

(g) The behavior intervention plan including all considerations outlined in paragraph (D)(8) of this rule are to be documented in the service plan.

(9) Specifications for supervision of the child.

(a) The service plan is to specify the type of supervision needed for the child, including any conditions under which the child may be permitted unsupervised time in the community.

(b) The child's legal custodian is to approve any unsupervised community time. This approval is to be documented in the service plan.

(E) What are the requirements for conducting service plan reviews in a residential facility?

(1) Service plan reviews are to be conducted no later than ninety days after the initial approval and every ninety days from the most recent review thereafter.

(2) For each review, the facility is to invite all individuals involved in the development and implementation of the service plan.

(a) If the status or assignment of an individual has changed, the facility is to invite the current individual or representative in that role.

(b) A lack of prior response or participation does not remove the opportunity to extend an invitation for subsequent reviews.

(3) In consultation with the individual or agency holding custody of the child, the team is to evaluate the entire plan and make any necessary amendments.

(4) The service plan review is to include an assessment of the current adjustment of the child and a determination of whether the child should remain in the facility.

(5) Reviews should be scheduled at reasonable times to ensure availability and participation of all invited parties.

(F) Where should information regarding service plans be documented?

(1) Documentation of invitations and any input provided outside of the service plan review should be included in the child's record.

(2) The reviews are to be documented in the child record.

(G) Who receives copies of the service plan and its reviews?

(1) A residential facility is to provide a written copy of the service plan and service plan review to the individual or agency that placed the child.

(2) The residential facility is to document that the service plan and service plan review was provided to the individual or agency that placed the child.

(H) Where is the service plan and behavior plan kept for staff access?

(1) Each youth's service plan and behavior plan are to be accessible onsite at the residential facility and available for review by staff responsible for the youth's care.

(2) Staff should review the plans regularly to ensure consistent, informed care and timely responses to the youth's needs and behaviors.

Last updated August 13, 2026 at 8:25 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-14 Medications.

(A) What is the proper procedure for managing a child's medication during admission to a residential facility?

Upon admission to a residential facility the staff of the facility is to document all medications the child is currently prescribed, as well as any over the counter medications the child takes on a regular basis, in accordance with rule 5180:2-42-66.2 of the Administrative Code.

(B) How often is a child's mediation regimen to be reviewed and documented?

(1) The residential facility is to review a child's medication regimen at least every six months during service plan reviews.

(2) Any changes to the medication regimen authorized by the licensed health professional is to be documented by staff immediately upon implementation. Implementation refers to:

(a) At the point medication change is carried out with the child, when the first does of a new or altered medication is administered; or

(b) When the first scheduled dose is withheld, authorized by the licensed health professional's order.

(C) What kind of approval is needed before starting, altering, or stopping medication?

In no event shall staff of a residential facility begin, alter, or suspend a child's or teenage mother's medication without the documented verbal or written approval of a licensed health professional authorized to prescribe medication.

(D) What is staff to do if a child misses a does or multiple doses of medication?

If a child misses dosages of the medication for longer than a forty-eight hour period, staff of the residential facility will contact a licensed health professional authorized to prescribe medication or the pharmacist that filled the prescription and obtain verbal or written instruction on how to restart the medication.

(E) What information should staff responsible for administering medication have access to?

Each staff person who is responsible for administering medication to a child is to be provided with a written schedule of the child's medication. This schedule is to be maintained in each child's case record as outlined by rule 5180:2-5-10 of the Administrative Code and is to include, but is not limited to, the following instructions and information:

(1) The name of the child.

(2) The name of each medication to be administered.

(3) The proper dosage of each medication to be administered.

(4) The timetable for administration of medication.

(5) Instructions regarding administration of medication.

(6) Information concerning possible side effects of each medication as indicated by the drug manufacturer's official website, a physician, pharmacist or a licensed health professional authorized to prescribe drugs.

(7) Contact information for the prescribing physician.

(F) Is it permissible to administer medication to a child that was prescribed for someone else?

A child is not to be given any prescription medication which has not been prescribed for the child.

(G) How does a residential facility track the administration of medication?

Each residential facility is to maintain a written cumulative record of all prescribed medication administered to a child during placement in the facility. The current record is to be located with the medication and is to reflect reasons for altered or missed dosages of prescribed medication.

(H) How are medication to be stored in a residential facility?

All medication in a residential facility is to be stored in a locked cabinet or storage area away from children except that an inhaler or other medication may be available to a person with a special health condition, who may need these for an emergency.

Last updated August 13, 2026 at 8:25 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-15 Residential facility handbook for residents and their families.

(A) A residential facility shall have a handbook for residents and their families. This handbook shall be written in simple language and shall summarize the information included in the residential facility statement of purpose and program. In addition the handbook is to contain, but is not limited to:

(1) Rules and expectations for residents.

(2) Visiting hours and visitation and communication policies pursuant to rule 5101:2-5-13 of the Administrative Code.

(3) The role and responsibility of the family in the care and treatment of the child.

(4) A complaint procedure for the resident and family pursuant to rule 5101:2-9-24 of the Administrative Code.

(5) An explanation of the procedure to report alleged child abuse or neglect to the local PCSA or law enforcement agency.

(6) The foster youth bill of rights as contained in rule 5101:2-5-35 of the Administrative Code.

(7) Contact information for the Ohio youth ombudsman and information on how to make a complaint to the Ohio youth ombudsman. This information is to include the phone number and online complaint form for the Ohio youth ombudsman along with procedures for the resident to have private access to a phone or computer for the purpose of contacting the Ohio youth ombudsman.

(B) A residential facility shall provide the handbook to the custodial agency, custodial parent or guardian of a resident and to each resident. The residential facility shall explain the contents of the handbook to the resident not later than three days after admission, according to the age and functioning level of the resident, providing assistance for the parent or guardian and resident who may have a disability. The residential facility shall document the handbook was provided and explained in the child's case record.

(C) Any revisions to the handbook shall be provided to the custodial agency, custodial parent or guardian of a resident and to each resident in writing no later than fourteen days after the revision.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: May 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-16 Visiting and communications.

(A) What is a residential facility to do regarding visitation and communication?

A residential facility is to develop procedures to ensure that arrangements for visitation and communication between the child and family, including siblings, or friends are consistent with the family case plan and that such arrangements are documented in the service plan.

(B) Can a child in a residential facility send and receive mail?

A residential facility is to allow a child to send and receive mail subject only to the residential facility's rules regarding contraband and directives from the child's legal custodian when such rules and directives do not conflict with federal postal regulations.

(C) Can staff open or read a child's mail?

A residential facility is not to open or read a child's mail unless specified in the child's family case plan and/or service plan and approved by the child's custodian.

(D) What happens if staff suspect contraband in the mail?

A residential facility may require the child to open mail in front of a staff person if contraband is suspected and empty the package or envelope.

(E) Can a child in a residential facility have phone access?

A residential facility is to, in accordance with the service plan, allow a child access to a telephone which will permit the child to make and receive calls with appropriate privacy.

(F) How quickly can a child contact essential individuals after a request?

(1) Within twenty-four hours of requesting, a child is allowed to privately contact their:

(a) Attorney.

(b) Caseworker or custodial agency worker.

(c) Probation officer.

(d) Court-appointed special advocate (CASA).

(e) Guardian ad litem (GAL).

(f) Youth ombudsman office.

(2) If a child has a disability, the child is to have the opportunity to contact the state protection and advocacy organization, in accordance with section 5123.60 of the Revised Code. Staff are to ensure the child receives any necessary assistance or accommodation to facilitate this contact.

(G) Is a residential facility to provide private spaces for visits?

A residential facility must provide a private space that has a door and can be used for confidential conversations, phone calls, and visits. This area is to be separate from any area where children sleep or live.

(H) How is electronic communication to be handled?

A residential facility is to ensure that a child who has access to electronic media within or outside of the facility while under the supervision of agency staff, which may include internet, cell phones and e-mail service, adheres to the agency's policy regarding communications.

Last updated August 13, 2026 at 8:25 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-17 Child's money.

(A) Who owns the money a child earns or receives while in a residential facility?

Any money provided to or earned by a child is considered to be the child's money and not funds belonging to the staff or the residential facility.

(B) How should the facility manage and protect a child's money?

A residential facility is to ensure that any child having the opportunity to receive or earn money has an account either at an established financial institution or in the residential facility for the safe keeping of such money.

(C) If the facility holds the child's money, what record keeping is required?

(1) A written record of the current balance, deposits, withdrawals, and any interest earned is to be provided upon request.

(2) At least every three months or at the time of discharge a written report of the current balance, deposits, withdrawals, and any interest earned is to be provided to the child.

(3) A copy of the written report is to be maintained in the child's record.

(D) Can the facility give the child something other than cash to use in-house?

A residential facility may issue credit script to children, in lieu of legal tender, for use within the facility.

(E) When is the facility return a child's money?

(1) At the time of a planned discharge.

(2) Within ten days if the discharge is not planned.

(F) Can the facility charge a child for things they are supposed to receive?

A residential facility is not to charge a resident for an item recommended to be provided to the resident as outlined in Chapter 5180:2-9 of the Administrative Code unless the resident is learning life skills as part of an independent living program pursuant to rules 5180:2-42-19 and 5180:2-42-19.1 of the Administrative Code.

Last updated August 13, 2026 at 8:25 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-18 Recreation and leisure activities and equipment.

(A) A residential facility shall have a recreational program and make available recreational equipment and activities sufficient to implement its recreational program. All recreational equipment necessary for the implementation of the recreation program shall be maintained in a safe and usable condition.

(B) A residential facility shall make available in each living unit within the facility, leisure-time equipment appropriate to the age and developmental stage of the children housed in each residential unit.

(C) A residential facility shall have a written plan for supervising organized or structured group activities. All off site activities shall comply with rule 5101:2-9-02 of the Administrative Code.

(D) A residential facility shall permit the children to swim only when monitored by a person who has completed lifesaving or water safety training.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: May 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-19 Personal belongings, hygiene, socialization, religious practice and education.

(A) What is a residential facility to allow in terms of a child's personal belongings?

A residential facility is to allow children in care to:

(1) Acquire personal belongings.

(2) Bring personal belongings with them.

(3) Decorate bedrooms consistent with the limitations established by the residential facility that consider:

(a) The developmental stage of the child.

(b) The child's social, racial, cultural, religious, or ethnic background.

(B) Can the facility supervise or restrict items brought by children?

While children may have personal items, nothing in this rule is to be interpreted as preventing a residential facility from:

(1) Supervising the use of a child's personal property.

(2) Confiscating any items which:

(a) Pose a clear health or safety risk.

(b) Interfere with the rights or privileges of others.

(c) Are illegal to possess as a matter of state law or local ordinance.

(C) What if a child's belongings need to be searched?

An agency is to ensure the child is present during a search of the child's personal belongings, unless there is a clear imminent health or safety risk. Searches are to be conducted only when there is reasonable suspicion of contraband or other safety concerns that could pose a risk to the child, other residents and staff in the facility.

(D) What kind of clothing and footwear is to be provided by the residential facility?

(1) A residential facility is to provide each child, in cooperation with the individual or agency holding custody of the child, with clothing and footwear which is clean, well-fitting, and seasonal.

(2) Clothing provided by a residential facility is to be appropriate to the child's age and is to consider personal preferences.

(3) Clothing provided to a child is to be considered to be a child's personal property.

(E) Is the residential facility to provide hygiene products?

A residential facility is to provide each child with adequate personal toiletry supplies. These supplies are to be appropriate to the child's age, developmental needs, and personal preferences, and are to be considered to be the child's personal property.

(F) Is the residential facility to provide hygiene instruction?

A residential facility is to provide instruction on good habits of personal care, hygiene, and grooming. This instruction must be tailored to each child's age, developmental level, and individual needs, with consideration for personal preferences and background.

(G) What type of chores or work tasks can the residential facility assign a child?

(1) A residential facility may assign a child daily tasks and work assignments on the grounds of or within the facility. Such assignments are to be of the type normally performed by a child and are to not be beyond the child's developmental ability to perform.

(2) Daily tasks and work assignments made pursuant to paragraph (G)(1) of this rule are not to place the child in physical danger and are not to interfere with the child's studies, normal social development, or child care responsibilities of a teenage mother.

(3) A residential facility is not to permit a child to be taken to the private residence of any staff member for the purpose of work, respite, or any form of "time away." All interactions between staff and children will occur within the bounds of the facility or in approved community settings consistent with the child's service plan and supervision requirements.

(4) A residential facility is not to assign a child to perform tasks that are ordinarily compensated for when performed by staff. Under no circumstances will youth be required or expected to perform duties that substitute for paid staff responsibilities. If a child voluntarily performs such a task, the facility is to ensure the child receives appropriate monetary compensation.

(H) How is education handled for children in care?

A residential facility is to make arrangements with the person or agency placing a child for each school-age child to attend a school that complies with the minimum standards as prescribed by the department of education and workforce (DOEW) and is to ensure that the child attends school in accordance with the child care agreement.

(I) Is a child permitted to attend extracurricular and cultural activities?

In accordance with the child's service plan, a residential facility is to encourage a child to participate in community, school, recreational, and cultural heritage activities which are appropriate to the child's age and functioning level and is to, as is necessary and reasonable, arrange appropriate transportation for the child to and from such activities.

(J) How are decisions made about a child's participation in extracurricular and social activities?

In accordance with sections 5103.162 and 2151.315 of the Revised Code, child care staff are to use the reasonable and prudent parent standard when considering whether to authorize a child who resides in the residential facility to participate in extracurricular, enrichment, and social activities. Decisions should prioritize:

(1) The child's safety.

(2) The child's developmental needs.

(3) The child's right to normalcy (such as participating in sleepovers, sports, clubs, etc) in ways that align with the child's peers.

(K) What are the obligations of a residential care facility in relation to religious practices of a child?

(1) A residential facility is to permit a child to practice the chosen religious faith of the child or his or her parent(s), guardian or legal custodian and is not to subject a child to any form of religious coercion.

(2) A child is not to be baptized or submitted to any religious procedures without prior consent of the child, according to their age and functioning level, and prior approval of the child's parent, guardian or custodian.

(L) Are life skills to be taught in the facility?

A residential facility is to, as appropriate, teach a child tasks and skills essential for life in the community.

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-20 Food and nutrition.

(A) How many meals does a residential facility provide each day?

A residential facility is to make available or make provision for each child to have available three nutritious meals per day scheduled at regular intervals. If more than four hours elapse between any two meals or if fourteen hours elapse between the evening meal and breakfast, a nutritious snack is to be served.

(B) What is the standard to follow regarding food served to a child in a residential facility?

The resident's daily allowance of food is to meet the most recent dietary guidelines for Americans published by the food and nutrition information center of the United States department of agriculture (USDA). The most current guidelines can be accessed at https://www.dietaryguidelines.gov.

(C) Is there a standard for meat?

All meats served by the facility subject to inspection are to be inspected and graded by the federal or state department of agriculture.

(D) Is milk required in the daily diet?

A minimum of three daily servings of pasteurized milk, vitamin D fortified, are to be provided or made available in recommended amounts according to each child's age and sex.

(E) If a facility operates a farm or dairy, what rules apply?

A residential facility is to document that all agricultural, livestock, or dairy operations maintained by the facility conform to all applicable regulations adopted by the department of agriculture and the department of health.

(F) What are the requirements for menus in a residential facility?

Each children's residential center (CRC) is to prepare menus at least one week in advance. Cycle menus, if used, are to be at least three weeks long.

(G) How does a residential facility respond to a child's medical or religious dietary needs?

A residential facility is to accommodate and not to interfere with documented medical dietary needs or restrictions or religious dietary restrictions of an individual child.

(H) Are meals for staff different from meals for children in the residential facility?

Meals provided by a residential facility for direct child care staff are to be the same as those provided for the children unless staff has a documented dietary restriction.

(I) How is infant formula handled in a residential parenting or crisis care facility?.

Formula for an infant prepared by or in a residential parenting facility or a children's crisis care facility is to be prepared in accordance with the instructions of the formula or by the techniques recommended by the attending physician which is to be on file at the facility.

(J) How is infant formula or breast milk preparation equipment cleaned in a residential facility?

Before preparing formula or breast milk for an infant, all equipment used in the preparation and storage of the formula or breast milk is to be thoroughly washed with hot water and detergent followed by a thorough rinsing in hot running water.

(K) How should infant formula or breast milk be labeled when stored in a residential facility?

Formula or breast milk for an infant to be stored at the facility for any period of time is to be labeled with the child's name and date of preparation

(L) How long can infant formula or breast milk be stored after preparation in a residential facility?

Formula or breast milk for an infant is to be refrigerated immediately after preparation and is not to be used more than twenty-four hours after preparation. The timeframe for use after preparation may be longer than twenty-four hours if directed by a physician or as documented in the instructions of the formula. The timeframe is not to be extended beyond the physician's recommendation or the instructions of the formula.

(M) Can breast milk or formula be heated in a microwave?

Formula nor breast milk for an infant is not to be heated in a microwave oven.

(N) Are parenting youth permitted to breastfeed?

Parenting youth are permitted to breastfeed, but the facility cannot require a youth to breastfeed.

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-21 Residential care, supervision and discipline.

(A) Disciplinary procedures of a residential facility shall be explained to all staff and each child according to their age and functioning level. A copy of the disciplinary procedures shall be made available to persons or agencies who desire to place children in the facility.

(B) The residential facility disciplinary procedures shall be humane, instructive and shall be administered with fairness, consistency and respect and regardless of the child's race, sex, gender identity, sexual orientation, disability, religion or cultural heritage. All cruel and unusual punishments/practices are prohibited including, but not limited to:

(1) Physical punishment such as spanking, punching, paddling, shaking, biting, spitting, hair pulling, pinching, pushing, physical hitting inflicted in any manner upon the body or roughly handling a child.

(2) Physically strenuous work or exercises, when used as a means of punishment, consequence or discipline.

(3) Forcing a child to maintain an uncomfortable position, or to continuously repeat physical movements when used as a means of punishment, consequence or discipline.

(4) Group punishments for the behavior of an individual. A group activity shall not be cancelled for the entire group, prior to the activity, due to the behavior of one or more individuals.

(5) Verbal abuse, including swearing, directed at a child or derogatory remarks about a child's family, race, gender identity, sexual orientation, disability, religion, or cultural background or threats of physical violence against the child or removal of the child from the facility.

(6) Denial of social or recreational activities for more than five consecutive days without prior written approval of the facility administrator or designee and a certified or licensed practitioner of behavioral science.

(7) The denial of social, mental health or casework services, medical treatment, educational services or access to their guardian ad litem or attorney, probation officer, court appointed special advocate, placement worker or caseworker.

(8) The deprivation of meals or any required snack.

(9) The use or denial of any medication as a punishment or discipline.

(10) The denial of visitation or communication rights with a child's family as a means of punishment or discipline.

(11) The denial of sleep.

(12) The denial of shelter, clothing, bedding, or restroom facilities.

(13) The use of physical restraint as a means of punishment or discipline.

(14) Organized social ostracism such as codes of silence.

(15) The use of chemical restraint.

(16) The use of mechanical restraint.

(17) Isolation in a locked or unlocked room used as punishment.

(18) Separation of a teenage mother and her child in a residential parenting facility as a means of punishment.

(19) The use of prone restraints. Prone restraint is defined as 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 survace for any time. Prone restraint includes physical or mechanical restraint.

(20) Time out exceeding one minute for each year of the child's age, unless approval is granted by a certified or licensed practitioner of behavioral science and documented in the child's service plan.

(21) Punishment for actions over which the child has no control such as bedwetting, enuresis, encopresis or incidents that occur in the course of toilet training activities.

(C) Discipline shall be administered only by persons who are administrators or employees with direct care responsibilities of the residential facility. Children shall not discipline other children, except their own. All staff involved in the discipline of children shall meet the requirements of rule 5101:2-9-03 of the Administrative Code.

(D) Agency employees, contract staff, student interns and volunteers shall not engage in any act of omission or commission which results in the death, injury, illness, abuse, neglect, or exploitation of any child.

Last updated January 30, 2026 at 2:38 PM

History

• Effective: December 15, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-22 Isolation, seclusion and restraint.

(A) Under what circumstances can physical restraint and isolation be used in a residential facility?

Physical restraint and isolation are only to be used in emergency circumstances when less restrictive interventions have been determined to be ineffective and in accordance with written approval of a certified or licensed health care professional and a certified or licensed practitioner of behavioral science.

(B) What are the emergency situations that justify the use of physical restraint or isolation?

(1) For protection of the child from imminent harm.

(2) To protect another person from a child.

(3) For self protection.

(C) Who is authorized to use physical restraint or isolation?

Physical restraint and isolation are only to be utilized by staff who have current American red cross, American heart association or equivalent first aid and cardiopulmonary resuscitation (CPR) certification, and who are current on their training in the acceptable methods of restraint.

(D) Is approval needed to use restraint techniques?

(1) Any restraint techniques used to restrain a child are to be previously approved and listed in the behavioral intervention policy of the residential facility.

(2) Prone restraint is prohibited. 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.

(E) When should physical restraint or isolation end?

The physical restraint or isolation is to end when the child's behavior no longer constitutes an emergency.

(F) What are the requirements for a residential facility to use isolation rooms?

(1) A residential facility is to isolate residents only in accordance with the facility's written policy, which has received the prior approval of the Ohio department of children and youth (DCY).

(2) Isolation is only to be used by a residential facility with an isolation room approved by DCY that meets the requirements of this rule.

(G) How many children can be placed in an isolation room at one time?

Only one child is to be placed in an isolation room at a time.

(H) Are there time limits on how long a child can be isolated?

(1) A child is not to be isolated longer than fifteen continuous minutes without written supervisory approval.

(2) A child is not to be isolated for longer than one continuous hour and no longer than a total of two hours in any twenty-four hour period.

(I) What reasons can isolation be used?

A residential facility is to ensure that isolation is used exclusively for the behavior management of a child who is out of control at the time of isolation.

(J) What are the environmental requirements for an isolation room?

(1) Any room used for isolation is to be lighted, well-ventilated, and maintained at the same temperature as the rest of the facility. The room is to be at least fifty-six square feet in size, and is to have a ceiling height of at least seven feet, six inches and is to be free of any objects or materials which might be used to inflict self-injury.

(2) Any room used for isolation is not to be used for any other purpose, at any other time.

(K) How should staff communicate with a child during isolation?

When a child is placed in isolation, staff are to inform the child of the reason for placing him or her in isolation. Before continuing a child's isolation, staff are to discuss with the child the need for continued isolation. Upon release from isolation, staff are again to discuss with the child the reason for the use of isolation.

(L) What procedures must staff follow during isolation?

(1) Staff members are to ensure that a child who is placed in isolation is not in possession of any object or material which might be used to inflict self-injury.

(2) Staff is to be in auditory contact with an isolated child at all times and is to make visual observation of an isolated child every five minutes during the period of isolation.

(3) Visual observations as outlined by this rule are to be documented in an isolation log. The isolation log is to contain as outlined in DCY 01386 "Restraint and Isolation Incident Report":

(a) The name of the child.

(b) The time of placement in isolation.

(c) The reason for the placement in isolation and the discussion of the reason for isolation with the child.

(d) The chronology of observations including the signature or initials of the staff who placed the child in isolation.

(e) The written supervisory approval of a child isolated longer than fifteen continuous minutes.

(f) The written approval of the administrator or designee for continued isolation of a child for any period of isolation longer than thirty minutes.

(g) The time of removal from isolation.

(M) Is there an age limit for a child placed in isolation?

No child under the age of six is to be isolated.

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-23 Notification and documentation of critical incidents.

(A) When must a residential facility notify the placing individual or agency and the person or agency holding custody of a child?

(1) A residential facility shall notify the individual or agency which placed the child and the person or agency holding custody, if different, within one hour if any of the following occur while the child is placed in the facility:

(a) Death of the child or teenage mother.

(b) Alleged child abuse or neglect by a staff member.

(c) When a child's whereabouts are unknown and the child is believed to be at risk of harm or pose an imminent risk of harm to self or others.

(d) Any other unusual incident that poses an urgent action to reduce harm to the child such as a medical or mental health incident resulting in emergent transportation to a hospital or in-patient facility.

(2) A residential facility shall notify the individual or agency which placed the child and the person or agency holding custody, if different, within twenty-four hours if any of the following occur while the child is placed in the facility:

(a) An incident when a youth's whereabouts are unknown for longer than the period of time specified in the child's treatment plan that does not result in imminent risk of harm to self or others.

(b) Any serious injury or illness involving initial non-routine medical treatment.

(c) Expulsion or suspension from school.

(d) Any alleged delinquent or criminal activity of the child or teenage mother involving law enforcement.

(e) Any situation in which the child or teenage mother is a victim of alleged delinquent or criminal activity.

(f) Suicide ideation or self-mutilation attempts.

(g) Any incident of alleged abuse or neglect by a non-staff member.

(h) Any involvement with law enforcement resulting in a report.

(i) Whenever a youth returns to the facility after any incident when their whereabouts were unknown pursuant to either paragraph (A)(1)(c) or (A)(2)(a) of this rule.

(j) Any use of physical restraint or isolation pursuant to rule 5180:2-9-22 of the Administrative Code.

(k) Any other unusual incident as defined in the agency's policies or by the agency.

(B) What documentation is required for these incidents?

(1) A residential facility is to complete a critical incident report (CIR) for each occurrence of any of the items listed in paragraph (A) of this rule and is to document that the report was provided no later than the next business day after the occurrence to the individual or agency which placed the child and person or agency holding custody, if different.

(2) The residential facility is to complete all CIRs in the Ohio's comprehensive child welfare information system (CCWIS).

(C) Who is required to report suspected child abuse or neglect in a residential facility?

(1) Pursuant to section 2151.421 of the Revised Code, the following persons shall immediately report a situation listed in paragraph (C)(2) of this rule. This includes but is not limited to:

(a) Administrator.

(b) Employee.

(c) Clinical contractor.

(d) College intern.

(e) Volunteer.

(2) An individual listed in paragraph (C)(1) of this rule shall make a report when they know or suspect any of the following:

(a) Physical abuse.

(b) Mental abuse.

(c) Sexual abuse.

(d) Exploitation.

(e) Neglect.

(f) Human trafficking.

(g) Threatened abuse or neglect.

(3) A report shall be made when the offense is committed by any person, including another resident of the facility.

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-24 Child and family complaint policy and procedure.

(A) What is provided to the child and family regarding complaints when a child is admitted?

The residential facility is to have a complaint policy and procedure written in clear and simple language that is to be given and explained to the child and legally responsible adult including family, guardian or custodian at the time of the child's admission to the residential facility. Documentation that the child and family received the complaint policy and procedure is to be placed in the child's file.

(B) Can a child or family member file a complaint without going through the staff member involved?

The residential facility is to ensure that a child or family member is not required to transmit a complaint through the staff member who is the subject of the complaint.

(C) What protections are in place to prevent retaliation for making a complaint?

The residential facility is to ensure against retaliation by staff or by other children against the person making the complaint.

(D) How are complaints handled once submitted?

(1) A residential facility is to:

(a) Establish a procedure to make every effort to ensure that any complaint is resolved within thirty days of the filing of the complaint.

(b) Ensure unresolved complaints are reviewed by the administrator of the facility or designee within thirty days of the filing of the complaint.

(2) For any complaint not resolved within thirty days, a written explanation of the reason why the complaint has not been resolved within thirty days is to be placed in the child's record maintained pursuant to rule 5180:2-5-10 of the Administrative Code.

(3) A written report of each complaint and the resolution is to be compiled, and a copy placed in the child's record maintained pursuant to rule 5180:2-5-10 of the Administrative Code.

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-25 Residential parenting facility and crisis care facility location and programmatic requirements.

(A) A residential parenting facility or crisis care facility shall not be integrated as a part of another children's residential center (CRC) or group home. A residential parenting facility or crisis care facility shall be a self-contained facility. The mixing of the differing populations is prohibited.

(B) Each residential parenting facility shall assure the availability of a program for each minor mother in residence which teaches parenting skills either individually or in a group setting. The facility's plan for the provision of such a program shall be presented for approval to ODJFS prior to initial certification.

(C) A minor mother residing in a residential parenting facility shall meet at least one of the following requirements:

(1) Enrolled in school on a full-time basis during the school year or working towards a general educational development (GED) certificate.

(2) Employed in a full-time job or documentation of actively seeking employment, if she has completed their education plan, which may include receipt of a GED certificate.

(3) Enrolled in school on a part-time basis or working towards a GED certificate and employed in a part-time job or documentation of actively seeking employment, during the school year.

(D) Any school aged child residing in a residential parenting facility or crisis care facility shall be enrolled in school during the school year.

(E) If a minor mother or expectant minor mother, who is a current resident of the residential parenting facility, reaches eighteen years of age, the facility may allow the resident to remain at the facility until age nineteen.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: January 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-26 Living rooms, dining areas and lounges.

(A) Each living unit of a children's residential center (CRC) shall have at least sixty square feet of activity space per child residing in the living unit, exclusive of bedrooms, halls, bathrooms, kitchens, and storage areas.

(B) Activity space shall include areas equipped with sofas, armchairs, tables, and recreational equipment.

(C) For the purposes of this requirement, dining areas may be included in square footage requirements if used for activity space.

(D) A residential facility shall have at least one area specifically used for dining within the facility.

(1) If a CRC maintains a dining area in each living unit, the dining area table and seating places will be of sufficient size and number so that all children may eat together comfortably at one time.

(2) If a CRC maintains one or more dining areas that are separate and apart from the living units, all dining area tables and seating places will be of sufficient size and number so that at least fifty per cent of all children may eat together comfortably at one time.

(3) If a group home maintains a dining area, the dining area tables and seating places will be of sufficient size and number so that all children may eat together comforably at one time.

(E) During meal hours, the dining area portion of each residential facility shall be used only for the purpose of eating.

(F) Each dining area within a residential facility shall be equipped with tables and chairs appropriate to the age, physical condition, and developmental stage of the children who will eat in the area.

Last updated July 21, 2026 at 1:06 PM

History

• Effective: May 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-28 Bedrooms.

(A) What are the space requirements for bedrooms in a children's residential center (CRC)?

All bedrooms contained within a CRC are to have seventy-four square feet for the initial occupant and an additional fifty square feet for each additional occupant, and a ceiling height of at least seven feet, six inches.

(1) If a residential facility certified prior to the effective date of this rule has an approved variance for the square footage requirement, the facility may still remain in operation as long as the agency has a copy of the approved variance on file for review by the department of children and youth (DCY).

(2) All facilities certified after the effective date of this rule are to adhere to the square footage requirements of this paragraph.

(B) How are bedrooms to be assigned in a CRC or group home?

Bedrooms in a CRC or group home are to be used to sleep children of the same sex.

(C) What is the maximum number of children allowed per bedroom?

No bedroom in a residential facility, constructed or put into use after January 1, 1991, can be used to sleep more than four children.

(D) Can non-ambulatory children sleep on upper floors?

A residential facility is not to permit non-ambulatory children to sleep above the entry level of a building, unless the facility is specifically approved for such children by the state fire marshal or a local certified fire safety inspector.

(E) What are the window requirements for bedrooms?

Each bedroom in a residential facility is to have at least one outside wall window. The window is to be equipped with a means for providing privacy. The window is also to be screened and capable of opening and closing, unless the room is provided with a ventilation system which provides a regular change of fresh air such as a central air conditioning system.

(F) Do live-in child care staff need separate sleeping spaces?

Residential facilities are to provide separate sleeping space for live-in child care staff.

(G) Can bedrooms be accessed through another bedroom or bathroom?

Bedrooms in a residential facility must not require a child to pass through another bedroom or bathroom, and no other person should need to pass through a child's bedroom to access another room.

(1) If a residential facility certified prior to December 1, 2010, has an approved variance for the pass through requirement, the facility may still remain in operation as long as the agency has a copy of the approved variance on file for review by DCY.

(2) All facilities certified after December 1, 2010, are to adhere to the pass through requirements of this paragraph.

(H) Are there other requirements for bedrooms?

All bedrooms in a residential facility are to have a standard door that is capable of opening and closing.

(I) What are the requirements for beds in a residential facility?

Each bedroom in a residential facility is to have one bed for each child assigned to the bedroom. Beds are not to be less than thirty inches wide and not less than five feet in length and appropriate to the child's size. Each bed is to have a clean and comfortable mattress. A child's bed should not be used by another child when the child is temporarily away from the facility.

(1) If a residential facility certified prior to December 1, 2010, has an approved variance for any requirement of this paragraph, the facility may still remain in operation as long as the agency has a copy of the approved variance on file for review by DCY.

(2) All facilities certified after December 1, 2010, are to adhere to the requirements of this paragraph.

(J) How often should bedding be changed and laundered?

(1) Sheets and pillowcases are to be changed and laundered at least weekly or more frequently if needed. Waterproof mattress coverings are to be provided to a child as needed.

(2) Each child in a residential facility is to be provided with clean sheets, pillowcases, a pillow, and blankets.

(K) What are the bunk bed safety requirements?

(1) Bunk beds in residential facilities should provide a safe and secure sleeping environment. To ensure safety, upper bunks need to have protective safety rails for children under ten or for those who may require extra support due to physical, mental, or emotional needs.

(2) Children under six years of age are to sleep on lower bunks.

(3) Bunk beds can be no higher than two tiers.

(4) Bunk beds can not be used in a residential parenting facility.

(L) Are children to be provided with storage space and an area for hanging clothes?

(1) Each child is to have storage for clothing and personal items in their bedroom and a space in their bedroom for hanging clothes.

(2) Each teenage mother in a residential parenting facility is to be provided with storage space and a space in their bedroom for hanging clothes for herself, and for her child's clothing, in her bedroom.

(M) What happens if required bedroom items are removed for safety?

If a residential facility removes any necessary items from a child's bedroom, the facility is to document the reason for the removal and is to have a statement showing the removal of the items was necessary for the safety and well-being of the child signed by one of the following:

(1) A licensed social worker.

(2) A licensed independent social worker.

(3) A licensed professional counselor.

(4) A licensed professional clinical counselor.

(5) A civil service employee engaging in social work or professional counseling for a residential facility operated by a public children services agency (PCSA) or a local public entity (LPE) as described in rule 5180:2-5-02 of the Administrative Code. If a civil service employee is not a licensed social worker or licensed counselor, the employee is not to sign statements for any other facility except a residential facility operated by the PCSA they are employed with.

(N) Can teenage mothers and their children share a bedroom with others?

(1) In a residential parenting facility, no teenage mother and her child is to share a bedroom with another teenage mother and her child.

(2) In a residential parenting facility, each teenage mother is to have a bed of her own and is not permitted to sleep with her child in the same bed.

(O) What are the crib safety requirements?

Each infant, toddler or preschool age child is to have an age appropriate bed. A bassinet is to be used only for infants under three months of age or less than fifteen pounds in weight. An infant or toddler under thirty-five inches in height is to be provided with a full sized crib which meets the following requirements:

(1) Cribs with a documented manufacture date after June 28, 2011, have to meet the new federal standards to be sold. The date of manufacture shall be attached to the crib.

(2) Any crib manufactured before June 28, 2011, shall have a certificate of compliance (COC) on file. The facility may have to contact the manufacturer of the crib to receive a COC if they do not request one from the retailer when they purchase the crib.

(3) Each crib shall be of sturdy construction and have:

(a) Each crib is to have a firm mattress which is at least one and one-half inches thick and covered with a waterproof material. The mattress is to fit snugly enough in the frame so that there is no more than a one and one-half inch gap between the mattress and the sides of the crib.

(b) The facility is responsible for monitoring for recall and safety information as issued by the consumer product safety commission (CPSC).

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-29 Bathrooms.

(A) What are the requirements for bathrooms in a residential facility?

(1) A residential facility is to have a bathroom for every eight children of the same sex that can be placed in the facility.

(2) A residential facility may have congregate bathrooms that have more than one sink, toilet, and shower.

(3) Each bathroom must have:

(a) Each toilet capable of flushing.

(b) Each sink with both hot and cold running water.

(c) Each shower with both hot and cold running water.

(B) Can a private, single bathroom be used to meet the bathroom requirement for a residential facility?

If a residential facility has a private, single bathroom containing one sink, one flushing toilet, and one bath or shower, the bathroom may be used to meet the ratio requirement of one bathroom for every eight children, or fraction thereof.

(C) Are infants and toddlers counted in the bathroom ratio?

Children at a crisis care facility who are still using diapers and under the age of three are not to be counted in the bathroom ratio requirements of paragraphs (A) and (B) of this rule.

(D) What is the standard for bathroom access in a residential facility?

(1) A children's residential center (CRC) is to have at least one bathroom with a toilet and sink on the floor with the sleeping rooms.

(2) Bathrooms in a residential facility are to be situated so as to allow direct access to them without the necessity of passing through a bedroom, except when a bedroom has an attached bathroom used only for the children who reside in that bedroom.

(E) What hygiene items and equipment must be available in bathrooms?

Each bathroom in a residential facility is to have toilet paper, towels or air dryers, soap, and wastebaskets available for use.

(F) Do bathtubs and showers need safety features?

Bathtubs and showers in a residential facility are to have nonskid surfaces.

(G) What privacy requirements apply to showers and toilets?

Except for bathtubs exclusively used to bathe children age zero to three in a crisis care facility, all bathtubs and showers in a residential facility are to have enclosures or screens which afford individual privacy. When more than one toilet is located in the same bathroom, each toilet is to be partitioned and include a door capable of remaining closed.

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-30 Kitchens and kitchen supplies.

(A) Does a children's residential center need a food service license to prepare meals?

Each children's residential center owned or operated by a private child placing agency (PCPA) or private noncustodial agency (PNA) is to secure a food service license for each kitchen in which meals are prepared in accordance with the requirements of Chapter 3717. of the Revised Code and Chapter 3701-21 of the Administrative Code pertaining to food service operation as administered and enforced by the local department of health.

(B) What must be available in each kitchen within a residential facility?

(1) Permanent or disposable utensils.

(2) Appliances for storage and preparation of meals served in the facility.

(C) What items are to be provided at food serving areas in residential facilities?

Each food serving location within a residential facility is to provide the following permanent or disposable items in sufficient quantity to serve the population assigned to eat at that location:

(1) Serving dishes.

(2) Cups or glasses.

(3) Silverware.

(D) How should a kitchen be equipped if a residential living unit does not have a full kitchen?

In instances where a residential living unit does not include a full kitchen, the unit shall be furnished with appropriate equipment to allow for the preparation of light snacks.

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-31 Laundry facilities.

(A) Each residential facility shall have operable laundry facilities at the facility, or contract with a vendor of laundry services. A public laundromat may be used;

(1) If the residential laundry facilities become temporarily inoperable.

(2) As a life skills training for youth, as applicable for age and developmental level, at no cost to the residents.

(B) If a residential facility furnishes laundry facilities for use by children or teenage mothers within the facility, it shall provide necessary laundry supplies and shall locate these facilities in an area that:

(1) May be readily supervised by an adult.

(2) Is equipped with washers and dryers that do not require payment to operate.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: May 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-32 Transportation.

(A) What transportation responsibilities does a residential facility have?

A residential facility is to ensure that all necessary vehicles used to transport children are made available for implementing each child's service plan.

(B) What are the requirements for vehicles owned, rented, or leased by a residential facility?

(1) Be annually inspected and approved by the Ohio state highway patrol and continually maintained in a safe operating condition.

(2) Have written maintenance records maintained by each facility on all vehicles which are used for transporting children.

(3) Contain first aid supplies in each vehicle, when the vehicle is used to transport children.

(4) Be maintained in a safe condition and in compliance with all motor vehicle laws.

(5) Be covered by liability insurance in accordance with current state laws.

(C) What are the requirements for privately owned, rented, or leased vehicles used by a residential facility?

(1) Be annually inspected and approved by the Ohio state highway patrol and continually maintained in a safe operating condition.

(2) The residential facility is to keep current documentation of automobile insurance for all privately owned vehicles used to transport children of the facility.

(3) Contain first aid supplies in each privately owned vehicle when the vehicle is used to transport children of the facility.

(4) Be maintained in a safe condition and in compliance with all motor vehicle laws and are to be covered by liability insurance in accordance with current state laws.

(D) What are the driver requirements for transporting children?

Each residential facility is to ensure that any employee is to have a valid driver's license when transporting children in either a privately owned vehicle or a vehicle owned by the facility.

(E) What supervision is needed for transporting children?

Each residential facility is to ensure that supervision appropriate to the number and ages of children being transported is available in any vehicle used by the facility to transport children.

(F) What are the seat belt and child restraint requirements?

In a vehicle, the driver and all passengers are to use the passenger safety belts and be properly restrained in accordance with sections 4511.81 and 4513.263 of the Revised Code while the vehicle is in motion.

(G) What are the child restraint requirements for transporting children in residential facilities?

(1) Children under four years old or under forty pounds must be restrained in a child restraint seat secured by a safety belt or the lower anchors and tethers for children (LATCH) system. The seat must not be placed in the front seat of a vehicle that has a back seat.

(2) Infants under one year old or under twenty pounds must be restrained in a rear-facing position and, whenever possible, not placed in the front seat of a vehicle equipped with passenger airbags.

(3) Children at least one year old and between twenty to forty pounds may be restrained in a rear-facing position.

(4) Children under eight years old and under four feet nine inches must be properly restrained in a booster seat, placed in the back seat of a vehicle.

(5) Children aged eight to fifteen years old must be restrained in either:

(a) A belt-positioning booster seat in a forward-facing position; or

(b) A seat belt that includes both a lap and shoulder belt, if available.

(6) Children age twelve and under, when riding in a vehicle with a back seat, should not ride in the front seat, whenever possible.

(7) Safety and recall information from the consumer product safety commission (CPSC) related to child safety seats or booster seats must be reviewed and implemented by the residential facility.

(H) What if there is a medical exception for child restraints?

Paragraph (G) of this rule does not apply if the facility has a signed affidavit by a licensed Ohio physician or an Ohio licensed chiropractor stating that the child has a physical disability that makes use of standard restraint systems impossible or impractical. In such cases, the child must be safely and appropriately restrained according to the medical recommendation noted in the affidavit.

Last updated August 13, 2026 at 8:26 AM

History

• Effective: August 13, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-34 Building approval.

(A) When is a residential facility to secure a building approval and occupancy permit?

A residential facility is to secure a building approval and occupancy permit pursuant to section 3781.10 of the Revised Code:

(1) Prior to initial certification.

(2) At the time of any major modification or alteration of any existing structure, unless the structure will no longer be in use.

(3) As required by the Ohio department of commerce (DOC) or from a county or municipal building department certified by the DOC to inspect and approve the building code use group applicable to the residential facility .

(B) Who can issue the building approval and occupancy permit for a residential facility?

Building approvals and occupancy permits are to be secured from either:

(1) The Ohio department of commerce.

(2) A county or municipal building department certified by the DOC to inspect and approve the building code use group applicable to the residential facility.

(C) What are the compliance requirements for residential facilities regarding building codes?

Each residential facility is to maintain compliance with all local and state building codes and ordinances including:

(1) The residential facility is to comply with any stipulations or limitations noted on the certificate of occupancy.

(2) Any modifications that would otherwise need a plan approval as outlined by the rules of the Ohio board of building standards.

(D) What zoning requirements must a residential facility adhere to?

Pursuant to section 5103.05 of the Revised Code, the residential facility is to maintain all applicable local planning and zoning requirements.

Last updated January 5, 2026 at 9:02 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-35 Additional programmatic requirements regarding behavior management.

(A) An agency certified to operate a residential facility shall establish a system where instances of behavior that are a danger to a child or to others shall be brought to the attention of appropriately trained behavior management staff.

(B) An agency certified to operate a residential facility which uses isolation and/or physical restraint as a behavior management tool shall establish an ongoing system for collecting and reviewing monthly aggregate data that reflects the use of restrictive treatment elements, including but not limited to:

(1) The number of applications of isolation and/or physical restraint.

(2) The youth's name and age.

(3) The names of staff members who participated in each instance of isolation or restraint.

(4) The range and average length of isolation and/or physical restraint.

(5) The injuries, in additon to the critical incident report.

(C) When there is an unusually high incidence of the use of isolation and/or physical restraint, the administrator or designee is to review the agency's policies on behavior intervention, physical restraint, and isolation to determine how such incidents can be reduced.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: May 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-36 Additional requirements for children's crisis care facilities.

(A) As used in Chapters 5101:2-5 and 5101:2-9 of the Administrative Code, a "children's crisis care facility" means a facility that has as its primary purpose the provision of residential and other care to the children described in paragraph (A)(1) or (A)(2) of this rule:

(1) One or more pre-teens voluntarily placed in the facility by the pre-teen's parent or other caretaker who is facing a crisis that causes the parent or other caretaker to seek temporary care for the pre-teen and referral for support services;

(2) One or more pre-teens placed in the facility by a public children services agency (PCSA) or private child placing agency (PCPA) that has legal custody or permanent custody of the pre-teen and determines that an emergency situation exists necessitating the pre-teen's placement in the facility rather than an institution certified under section 5103.03 of the Revised Code or elsewhere.

(3) "Children's crisis care facility" does not include either of the following:

(a) Any organization, society, association, school, agency, child guidance center, detention or rehabilitation facility, residential infant care center, or children's clinic licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of education, a local board of education, the department of youth services, the department of mental health and addiction services, or the department of developmental disabilities;

(b) Any individual who provides care for only a single-family group, placed there by their parents or other relative having custody.

(B) "Pre-teen" means an individual under thirteen years of age.

(C) No certified children's crisis care facility shall do any of the following:

(1) Provide residential care to a pre-teen for more than one hundred twenty days in a calendar year;

(2) Subject to paragraph (C)(3) of this rule and except as provided in paragraph (D) of this rule, provide residential care to a pre-teen for more than ninety consecutive days, which includes transfer of a pre-teen in a different location of the same agency;

(3) Provide residential care to a pre-teen for more than fourteen consecutive days if a PCSA or PCPA placed the pre-teen in the facility;

(4) Fail to comply with section 2151.86 of the Revised Code.

(D) The director of job and family services may suspend or revoke a children's crisis care facility's certificate pursuant to Chapter 119. of the Revised Code and in accordance with rule 5101:2-5-07 of the Administrative Code if the facility ceases to meet any provision of this rule or the facility's operator ceases to comply with any of the rules governing the certification of children's crisis care facilities. A PCSA, PCPA or PNA operating a children's crisis care facility shall comply with all the requirements of Chapter 5101:2-5 of the Administrative Code as applicable to the type of the agency, depending on whether the agency is a PCSA, a PCPA, or a PNA. An agency operating a children's crisis care facility shall comply with all applicable requirements of the rules in Chapter 5101:2-9 of the Administrative Code for residential facilities, depending on whether the facility is a group home or a children's residential center, including those rules specified for a residential parenting facility. If there is a conflict between a requirement of any provision in this rule or any provision of Chapter 5101:2-5 of the Administrative Code or Chapter 5101:2-9 of the Administrative Code, the provisions of this rule shall take precedence.

(E) An agency operating a children's crisis care facility shall reasonably ensure that child care staff persons are assigned to care for the same group of children each day and shall adhere to the following child care staff to children ratios:

(1) For children under the age of six years, including the children of child care staff, there shall be at least one child care staff person on duty during awake hours for every five children or fraction thereof.

(2) For children over the age of six years, including children of child care staff, there shall be at least one child care staff person on duty during awake hours for every six children or fraction thereof.

(3) For children ages zero to twelve, including the children of child care staff, there shall be at least one awake child care staff person on duty during sleeping hours for every eight children or fraction thereof.

(4) When a group of children includes children from more than one of the age groups listed in paragraph (E)(1), (E)(2) or (E)(3) of this rule, the staff to child ratio shall be determined according to the age of the youngest child within any group of children.

(5) There shall be at least two staff members on duty at all times when children are present in a crisis care facility.

(6) In case of an emergency, the children's crisis care facility may include administrative staff, interns and volunteers toward the required staff ratio for a period of no more than three hours if the administrative staff, interns, or volunteers meet the following requirements:

(a) Completed training in the mission of the children's crisis care facility.

(b) Completed training pursuant to rule 5101:2-9-03 of the Administrative Code.

(c) Are supervised by facility staff.

(d) Have completed a background check pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(F) An agency may use contracted transportation providers on whom a background check and driving record check has been conducted and is on file with the contracted company or agency, if such use is necessary for the facility to maintain the required child care staff to child ratio, while children are being transported.

(G) In place of a service plan and a case plan, an engagement plan is to be developed and completed no later than five business days for any child placed for more than five business days. A children's crisis care facility is to develop an engagement plan with the individual or agency that placed the child and provide a copy at that time. The engagement plan is to address at a minimum:

(1) Steps that will be taken to resolve the issues that necessitated the placement.

(2) Obligations and expectations of the individual or agency that placed the child while their child is placed at the facility.

(3) Identification of any special care needs of the child that will need to be addressed while in placement.

(4) Projected timeline for discharge.

(5) Develop a visitation plan for the pre-teen's parent or caretaker, which may include:

(a) On-site visitation, which will not include overnight visits.

(b) Off-site, overnight visitation with parent or caretaker and other approved relatives.

(H) If a certified crisis care agency has multiple facilities, a preteen may be transferred between facilities one time during their stay. A transfer summary is to be completed and is to include:

(1) Reason for transfer.

(2) Originating location and location of transfer.

(3) Parent or caretaker contact information.

(4) Upcoming appointments.

(5) Dietary restrictions.

(6) Medical services provided and medications.

(7) School.

(8) Adjustment summary.

(9) Projected discharge and discharge caregiver.

(I) Comprehensive health care for a child admitted to a children's crisis care facility shall be in accordance with rules 5101:2-42-66.1 and 5101:2-42-66.2 of the Administrative Code. If there is a conflict between a requirement of any provision in this rule or any provision of rule 5101:2-42-66.1 or rule 5101:2-42-66.2 of the Administrative Code, the provisions of this rule shall take precedence.

(J) An agency is to employ a licensed social worker, a licensed independent social worker, a licensed professional counselor or a licensed professional clinical counselor.

(K) Upon admission to an agency, there is to be a dedicated and private enclosed space for completing admission paperwork and medical forms.

(L) If pediatric medical services are provided at the facility, the following is to be provided:

(1) Medical service is to be provided by a qualified licensed and insured medical professional.

(2) Ensure all staff, volunteers and interns comply with the privacy requirements of the Health Insurance Portability and Accountability Act of 1996.

(3) An examining room which contains:

(a) A sink or tub.

(b) Medical exam table,

(c) Pediatric medical equipment.

(d) Medical record system.

(M) Upon discharge, if a pre-teen is admitted by the parent or caretaker and the pre-teen requires on-going medical care following discharge from the facility, a medical professional or licensed social worker is to ensure the parent or caretaker is competent to provide the on-going care. If the medical professional or licensed social worker determines the parent or caretaker is not able to provide the on-going care, a referral to the PCSA will be completed.

(N) For the purpose of the management and prevention of communicable diseases, a children's crisis care facility shall adhere to the following procedures:

(1) A child with any of the following signs or symptoms of illness shall be immediately isolated from other children. The child, while isolated shall be carefully watched for symptoms listed in paragraph (N)(2) of this rule.

(a) Unusual spots or rashes;

(b) Sore throat or difficulty in swallowing;

(c) Elevated temperature of one hundred degrees or above;

(d) Vomiting;

(e) Evidence of lice, scabies or other parasitic infection.

(2) A child with any of the following signs or symptoms of illness is to be immediately isolated and medically assessed by a licensed physician or registered nurse.

(a) Diarrhea (more than one abnormally loose stool within a twenty-four hour period);

(b) Severe coughing, causing the child to become red or blue in the face or to make a whooping sound;

(c) Difficult or rapid breathing;

(d) Yellowish skin or eyes;

(e) Vomiting more than one time or in combination with any other sign or symptom of illness;

(f) Temperature of one hundred degrees Fahrenheit taken by the auxiliary method when in combination with any other sign of illness;

(g) Untreated infected skin patches, unusual spots or rashes;

(h) Unusually dark urine and/or grey or white stool;

(i) Stiff neck with elevated temperature.

(j) Redness of the eye or eyelid, with eye discharge, matted eyelashes, burning, itching or eye pain.

(3) A child isolated due to suspected communicable disease shall be:

(a) Cared for in a room or portion of a room not being used for other types of child care, within sight and hearing at all times by the child care staff.

(b) Checked on every fifteen minutes and a notation made on an isolation log regarding the observation made.

(c) Made comfortable and provided with a bed. All linens and blankets used by the ill child shall be laundered before being used by another child. After use, the bed shall be disinfected with an appropriate germicidal agent, or, if soiled with blood, feces, vomit or other body fluids, the bed shall be cleaned with soap and water and then disinfected with an appropriate germicidal agent.

(d) Observed carefully for worsening condition. If the condition has worsened, a physician shall be contacted.

(4) The universal blood and body fluid precautions according to the United States department of health and human services' centers for disease control and prevention (CDC).

(5) A procedure for immediate notification of the person or agency holding custody of a child when the child is exhibiting signs or symptoms of illness or has been exposed to a communicable disease.

(6) The children's crisis care facility's procedures regarding the care of a mildly ill child. A "mildly ill child" is defined as one of the following:

(a) A child who is experiencing minor common cold symptoms, but who is not exhibiting any of the symptoms specified in paragraph (N)(1) or (N)(2) of this rule, or

(b) A child who does not feel well enough to participate in activities, but who is not exhibiting any of the symptoms specified in paragraph (N)(1) or (N)(2) of this rule.

(O) The children's crisis care facility shall keep the person who placed a child informed of health care provided to the child while residing in the facility on a weekly basis and at discharge.

(P) The children's crisis care facility is to adhere to the following handwashing procedures:

(1) All staff and volunteers shall wash their hands with soap and running water upon entering and when leaving the children's crisis care facility, after each diaper change, after assisting a child with toileting, after cleaning, after toileting, before preparing or eating food, before feeding any child, before and after administering medication, and after handling animals.

(2) Handwashing facilities shall be available within the area where children receive diaper or bathroom care.

(3) A handwashing facility is defined as a permanent-type fixture with running water.

(4) Children are to wash hands after toileting.

(5) Children shall wash hands before and after eating.

(6) Children are to wash hands after going outside to a play area.

(7) Children are to wash hands after handling animals.

(8) Disposable towels shall be available at the handwashing site at all times and shall be used to dry hands and turn off the water after handwashing.

(Q) In addition to the diaper care procedures specified in rule 5101:2-9-05 of the Administrative Code, the following procedures shall be followed:

(1) No child's diaper shall be changed in the child's bed or crib;

(2) Each diaper changing area shall be disinfected after each diaper change with an appropriate germicidal agent. If the diaper changing area is soiled after the diaper change, it shall be cleaned with soap and water and then disinfected with an appropriate germicidal and virus killing agent.

(3) Disposable separation materials at a central diaper changing station are recommended for diaper changing, and if used, shall be used once and discarded. If washcloths or other washable materials are used, they shall be used once and stored in an appropriate germicidal and virus killing solution until laundered.

(R) Each child admitted to a children's crisis care facility shall be provided with an opportunity to safely and comfortably sit, crawl, toddle, or walk and play according to the child's stage of development, under supervision and in a designated space apart from sleeping quarters each day in order to enhance development.

(1) Children of both genders and under twenty-four months in age who are not siblings may share the same bedroom.

(2) No children over twenty-four months of age and of different genders may share the same bedroom unless they are from the same sibling group.

(3) Siblings of differing genders are, at the discretion of the agency, allowed to share the same bedroom.

(4) All sleeping children shall be observed at least once per hour by agency staff.

(S) Each infant in care in a children's crisis care facility shall be removed from his/her crib for all feedings and removed from the crib at other intervals during each day for individual attention. For the purpose of feeding, all infants without the ability to sit up shall either be placed in an infant seat, or held by a child care worker, other adult over twenty-one years of age, or the child's parent, as appropriate to the child's age. No child shall be placed in a crib or bassinet for feeding and no bottle shall be propped to feed an infant. Infants with the ability to sit up may be placed in a high chair for feeding.

(T) A video monitor may be used to observe napping or sleeping children under the age of two. The video monitor is to:

(1) Be positioned out of reach of the child.

(2) Have only one child in an individual crib in its view.

(3) Monitor and not have recording capabilities.

(U) Infant food shall be prepared and served in a manner appropriate to the developmental needs of each child according to the child's stage of development and in sufficient quantities to promote healthy growth and development.

(V) There shall be at least one bathroom designated for use by children in a children's crisis care facility and it shall have at least one wash basin and one toilet accessible for small sized children.

(W) Each dining area in a children's crisis care facility shall be equipped with tables, chairs and eating utensils appropriate to the age, physical condition, and developmental stage of the children who will eat in the area.

(X) A children's crisis care facility shall plan and provide, for each child twelve months and older, an opportunity for an on-site safely accessible, supervised and developmentally appropriate outdoor activity each day in suitable weather unless the child's medical condition does not allow the child to participate.

(1) All children shall be provided with appropriate outerwear and/or sunscreen as applicable to the weather conditions.

(2) The supervision of children by staff shall adhere to the required child/staff ratios specified in paragraph (E) of this rule when the children are using the outdoor play area including going to and coming from the play area. No child shall be left unsupervised in the outdoor play area.

(3) When a group of children is outdoors, the child care staff person(s) responsible for the group shall be able to summon another adult without leaving the group alone or unsupervised.

(4) The play area shall be supervised so that all children are within the sight and hearing of the supervising child care staff person(s) at all times.

(5) The surface of the outdoor play area shall be drained well enough so that standing water does not prohibit the use of the play area on a daily basis.

(6) The play area shall be free of hazards such as, but not limited to, broken glass, potholes, garbage, flammable materials, and other debris.

(7) The play area shall be well defined by a fence, hedge, natural or other barrier to protect the area from traffic, animals, or other hazards.

(8) The outdoor play area shall provide at least sixty square feet of usable space per child using the play area at any one time, regardless of the number of children the children's crisis care facility is certified to serve.

(Y) A children's crisis care facility shall be compliant with section 5103.132 of the Revised Code.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-37 Information to be provided by residential facilities.

(A) What is a new residential facility to do after receiving its certificate?

A new residential facility is to provide the following information to all county, municipal, or township law enforcement agencies, emergency management agencies and fire departments with jurisdiction over the facility within ten days after obtaining certification:

(1) A written notice with the facility's address, the type of residential facility, and the facility's contact information.

(2) Copies of the facility's:

(a) Emergency and disaster procedures pursuant to rule 5180:2-5-13.1 of the Administrative Code.

(b) Medical emergency plan pursuant to rule 5180:2-9-09 of the Administrative Code.

(c) Community engagement plan pursuant to rule 5180:2-9-38 of the Administrative Code.

(B) What types of facilities are to follow this rule?

All certified residential facilities, including:

(1) Group homes.

(2) Children's crisis care facilities.

(3) Children's residential centers.

(4) Residential infant crisis care facilities.

(5) Residential parenting facilities.

(6) Scholar residential centers.

(7) Therapeutic wilderness camps.

(C) What documents are to be updated and resubmitted, and what steps should be taken if there are changes at the facility after the initial notice is sent?

A residential facility is to provide to all county, municipal, or township law enforcement agencies, emergency management agencies and fire departments with jurisdiction over the facility updated copies of the following:

(1) A copy of the facility's procedures for emergencies and disasters pursuant to rule 5108:2-5-13.1 of the Administrative Code.

(2) A copy of the facility's medical emergency plan pursuant to rule 5180:2-9-09 of the Administrative Code.

(3) A copy of the facility's community engagement plan pursuant to rule 5180:2-9-38 of the Administrative Code.

(D) Is there a timeline to follow for submitting changes and updates?

(1) Changes are to be submitted within ten days.

(2) Updates are to be submitted within ten days prior to the second year after the original date of submission as described in paragraph (A) of this rule, and within ten days every second year thereafter.

Last updated January 5, 2026 at 9:02 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-38 Community engagement plan for residential facilities.

(A) What is a community engagement plan and who needs one?

Every residential facility in Ohio is to have a written community engagement plan. This plan outlines how the facility will communicate with local residents and respond to concerns or incidents that may arise.

(B) What kind of information is to be included in a residential facility's community engagement plan?

(1) A process for community members to contact the Ohio department of children and youth (DCY) with concerns or complaints.

(2) Posting of the DCY 00053 "It Takes a Village" flyer in a visible location at the facility.

(3) A phone number and, if available, an email address for the public to contact the facility directly.

(4) Clear steps for how the facility will respond to community concerns, including how quickly they will respond.

(C) How can community members access contact information for the facility or DCY?

(1) Provided to anyone who requests it.

(2) Posted on the facility's website, if accessible.

(D) What happens if the facility updates its community engagement plan?

The facility s to notify stakeholders of any changes within ten days. Stakeholders include:

(1) County, municipal, or township law enforcement agencies.

(2) Emergency management agencies.

(3) Fire departments with jurisdiction over the facility.

(4) Local government officials responsible for community oversight.

(E) What are the community engagement plan training requirements for a residential facility?

(1) A residential facility is to ensure staff are trained on the implementation of the community engagement plan and procedures for responding to incidents involving a child at the facility and neighbors or law enforcement.

(2) If the training is conducted by an external provider, the training is to include a transfer of learning component.

(3) The transfer of learning component may include a pretest, a posttest, or a discussion following the training.

Last updated January 5, 2026 at 9:02 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-40 Private, nonprofit therapeutic wilderness camps.

(A) As used in this rule:

(1) "Base camp" means the permanent or semi-permanent structure at which the basic needs for camp operation, such as resident housing, water supply and septic systems, permanent toilet and cooking facilities, are provided.

(2) "Mobile camp" means a portion of the base campsite premises or another site at which the basic needs for camp operation, such as water supply systems, permanent toilet and cooking facilities or other permanent structures, are not provided and in which a child stays no longer than twenty-one days before returning to the base camp.

(B) A private noncustodial agency (PNA) operating as a private, nonprofit therapeutic wilderness camp (PNTWC) shall comply with all applicable rules of Chapters 5101:2-5 and 5101:2-9 of the Administrative Code. If there is a conflict between a requirement of any provision in this rule or any provision of Chapter 5101:2-5 or 5101:2-9 of the Administrative Code, the provisions of this rule shall take precedence.

(C) The person employed as the administrator of a private, nonprofit therapeutic wilderness camp (PNTWC) is to meet at least one of the following requirements:

(1) At least six years of experience at a therapeutic wilderness camp, including at least four years management or supervision of child care personnel and other qualifications and experience as determined by the governing body in writing.

(2) An associate's degree from a college or university accredited by a nationally recognized accrediting organization with at least four years of experience, including two years management or supervision of child care personnel.

(3) A bachelor's degree from a college or university accredited by a nationally recognized accrediting organization.

(D) A PNTWC shall provide a copy of a map for the entire camp to ODJFS.

(E) Child care staff at a therapeutic wilderness camp shall, as part of the initial orientation training requirements of rule 5101:2-9-03 of the Administrative Code, obtain training in the following:

(1) Wilderness weather emergency and precautions and procedures.

(2) Water safety.

(F) A PNTWC will ensure there is a child care staff qualified in wilderness first aid to care for children both at base camp and on excursions away from base camp.

(G) A base camp shall comply with all inspection and safety standards of a residential facility set forth in Chapter 5101:2-9 of the Administrative Code unless the requirements are modified by this rule or statute. A mobile camp does not have to meet the standards of Chapter 5101:2-9 of the Administrative Code, but it shall comply with the additional requirements set forth in this rule.

(H) A child shall meet the following criteria to be eligible for admittance to a PNTWC:

(1) Be ten years old or older. The PNTWC may admit a nine year old if the child has been evaluated by a certified professional with no direct affiliation to the camp and the certified professional approves the placement.

(a) For children under age thirteen, the PNTWC shall only place the children in a program component designed for this age group.

(b) Factors for determining the program component for the child shall be, at a minimum:

(i) Age.

(ii) Developmental level.

(iii) Physical maturity.

(iv) Social maturity.

(v) Behavioral maturity.

(vi) Cognitive level.

(vii) Diagnosis, if any.

(viii) Individual needs of each child.

(2) Be experiencing emotional, behavioral, moral, social or learning difficulties as reported by the parent or another relative having custody.

(3) Be willing to participate in the camp. The agency shall document the child's willingness to attend the camp.

(I) A PNTWC shall not admit:

(1) An adult.

(2) A child who is pregnant. If a child becomes pregnant while in care, the camp shall arrange for the child's immediate discharge.

(3) A minor parent with his or her child.

(4) A child with primary medical needs or other medical conditions that cannot be easily provided to the child at the base campsite or during mobile camping excursions.

(5) A child diagnosed with a severe pervasive developmental disorder which would limit the child's ability to function in the camp environment.

(6) A child for child day care services.

(J) A child shall not be left unsupervised at any time.

(K) A PNTWC shall ensure that no child resides at the camp for more than twelve consecutive months unless the camp has completed a full evaluation that determines the child is not ready for reunification with the child's family or guardian. In order to ensure the safety, health and care of a child residing longer than twelve consecutive months, the PNTWC shall obtain:

(1) A report of a physical examination by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. Any written documentation of the physical examination shall be completed by the individual who conducted the examination.

(2) A report of a psychiatric or psychological examination conducted by a psychologist, psychiatrist or other appropriately licensed professional with no direct affiliation to the camp. Any written documentation of the psychiatric or psychological examination shall be completed by the individual who conducted the examination.

(L) A PNTWC shall cooperate with any request from the director or designee for an inspection or for access to records or written policies of the camp.

(M) A PNTWC shall ensure that if there is a weather emergency or warning issued by the national weather service in the camp's geographic area, the children will be moved to a safe structure guarded from the weather event.

(N) A PNTWC shall ensure that all sharp tools used in the camp, including axes and knives, are locked unless in use by camp staff or otherwise under camp staff supervision. All sharp tools used in the camp, including axes and knives shall be locked during sleeping hours.

(O) A base camp may use a wood burning stove for heating purposes if approved by the fire inspector.

(P) A base camp shall have a type of indoor and outdoor illumination available for all structures.

(Q) A base camp is not required to have a hand rail for dirt steps built into a hillside.

(R) A base camp is not required to have a hand rail for bridges that are no longer than eight feet and no higher than five feet from ground level.

(S) A child shall have footwear, clothing and equipment to protect them from the environment and weather conditions. This equipment shall never be removed, denied, or made unavailable to a child. There shall never be a deprivation of any equipment as a consequence for the child's inability to perform an activity. Such equipment shall include:

(1) Sunscreen.

(2) Insect repellent.

(3) A backpack if hiking on an excursion.

(4) Personal hygiene items.

(5) Feminine hygiene supplies.

(6) Waterproof footwear.

(7) Sleeping bags for a mobile camp:

(a) Sleeping bags rated for the current seasonal conditions when the average nighttime temperature is forty degrees fahrenheit or warmer.

(b) Sleeping bags rated for the current seasonal conditions, shelter and ground pad for colder months when the average nighttime temperature is thirty-nine degrees fahrenheit or lower and basic clothing to ensure a child's protection against seasonal change in the environment.

(8) The camp shall provide children with clean clothing daily, launder clothing weekly and shall provide a means for children to bathe or otherwise clean their bodies a minimum of one time per day.

(T) Sleeping arrangements at a base camp.

(1) Children of the opposite sex shall not sleep in the same structure.

(2) Staff shall not sleep in the same structure with children of the opposite sex.

(3) Sleeping arrangements shall be approved by the fire inspector and shall meet the requirements set forth in rule 3701-25-09 of the Administrative Code.

(4) Children shall be provided with proper bedding as appropriate for the season.

(U) Bathrooms at a base camp.

(1) A base camp shall have a minimum of one sink with hot and cold water, one flush toilet, and one bath or shower with hot and cold water per gender if the camp serves more than one gender.

(2) Children of the opposite sex shall not use the same bathroom facility at the same time.

(3) Staff shall not use the bathroom facility if children of the opposite sex are using the facility at the same time.

(4) Each bathroom shall have toilet paper, towels or air dryers, soap, and wastebaskets available for use.

(5) Bathtubs and showers shall have enclosures or screens which afford individual privacy.

(6) When more than one toilet is located in the same bathroom, each toilet shall be partitioned and include a door capable of remaining closed.

(V) A PNTWC shall comply with all nutritional requirements of rule 5101:2-9-20 of the Administrative Code except that the camp may deviate from the timeframe requirements listed in paragraph (A) of rule 5101:2-9-20 of the Administrative Code.

(1) The PNTWC shall not allow more than five hours to elapse between meals and not more than fourteen hours between the evening meal and breakfast.

(2) The PNTWC shall prepare menus at least one week in advance and shall demonstrate how the menu meets the minimum nutritional guidelines as set forth in rule 5101:2-9-20 of the Adminstrative Code.

(W) In addition to the nutritional requirements of rule 5101:2-9-20 of the Administrative Code, a camp shall ensure:

(1) Six quarts of potable water shall be available per person, per day, minimum, plus one additional quart per person for each five miles hiked. Although it is not required that the entire amount be hand carried, access to water shall be available at all times during hiking.

(2) In temperatures above ninety degrees fahrenheit, staff shall make sure a child's intake is a minimum of three quarts of water per day, electrolyte replacement shall be available with a hiking group at all times.

(3) In temperatures above eighty degrees fahrenheit, water shall be available for coating the child's body, and other cooling down techniques shall be available for the purpose of cooling as needed.

(4) Water shall be available at each campsite. Water cache location information shall be verified with field staff before the group leaves camp each day.

(5) Mobile camps shall ensure that all water from natural sources be treated for sanitation to eliminate health hazards.

(6) A PNTWC shall obtain a food service license if required by the local health department.

(X) Hiking.

(1) Hiking shall not exceed the physical capability of the weakest member of the group.

(2) The weight of a backpack to be carried by each child shall not exceed twenty per cent of the child's body weight. If the child is required to carry other items, the total of all weight carried shall not exceed thirty per cent of the child's body weight.

(3) Hiking shall be prohibited at temperatures above ninety degrees fahrenheit. or at temperatures below ten degrees fahrenheit.

(4) Staff shall carry thermometers which accurately display the current outside temperature.

(5) If a child cannot or will not hike, the group shall not continue unless eminent danger exists. The reasons for refusal or inability to continue will be established and resolved before hiking continues. Program directors are responsible to train staff regarding this standard and to regularly monitor compliance.

(Y) Any excursion shall have a plan including map routes, and anticipated schedules and times shall be carried by the field staff and recorded in the field office.

(1) Staff shall maintain a signed, daily log or dictate a recorded log to be transcribed and signed immediately following the conclusion of the activity. All log entries shall be recorded in permanent ink and be made available to the Ohio department of job and family services (ODJFS) licensing specialist upon request.

(2) The log shall contain the following information regarding the excursion:

(a) Accidents.

(b) Injuries.

(c) Medications.

(d) Medical concerns.

(e) Behavioral problems.

(f) Any unusual occurrences.

(Z) A mobile camping excursion shall last no more than twenty-one days, after which children on the camping excursion shall return to the base camp.

(1) Children must remain at the base camp at least ten days between mobile camping excursions and activities.

(2) In addition to meeting the staff ratio requirements in rule 5101:2-9-02 of the Administrative Code, the camp shall have at least two staff present during any mobile camping excursion.

(3) In a mixed gender group, there shall be a staff member of each gender with the group at all times during the excursion.

(4) The camp may use privies and portable toilets in remote camping areas. The camp shall ensure that the privies and portable toilets are:

(a) Maintained in good repair and kept clean at all times.

(b) Constructed and maintained according to manufacturer designs and standards set forth by the department of health.

(c) Equipped with toilet paper at all times.

(d) Serviced in accordance with the standards set forth by the department of health.

(e) Privies and portable toilet facilities not equipped with running water shall have a waterless alcohol-based hand sanitizer available for use inside or adjacent to the toilet facilities.

(5) If the camp site is not provided with privies or other portable toilets, the camp shall comply with any requirements of the department of health regarding the proper disposal of human waste in these locations. There shall be a waterless alcohol-based hand sanitizer available for use.

(6) While on a mobile camping excursion, the camp shall provide:

(a) Personal hygiene supplies that are biodegradable.

(b) Means for a child to bathe or clean his or her body at least twice weekly.

(c) Females with hand sanitizing wipes or similar products as well as feminine products for feminine hygiene purposes.

(d) A way to launder clothes or provide clean clothes at least weekly.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-42 Qualified residential treatment program (QRTP).

(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.

(c) Council on accreditation.

(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;

(c) Recognizes the signs and symptoms of trauma in clients, families, staff and others involved with the system;

(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.

(c) Are available twenty-four hours a day and seven days a week.

(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;

(c) Providing outreach, ongoing support and aftercare for the youth and the family.

(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.

(c) Be reviewed by the QRTP no less than every thirty days and during every service plan review.

(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.

(c) Kinship care.

(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

Ohio Adm.Code 5180:2-9-43 Residential infant care center.

(A) Residential infant care center (RICC) means a facility that has as its primary purpose the provision of residential services for infants affected by substance use and the preservation of families through infant diversion practices and programs.

(B) A residential infant care center can not be licensed as a children's crisis care center.

(C) An infant, from birth to twelve months old, is eligible to be placed in a residential infant care center if one of the following applies:

(1) The infant was born substance exposed and affected requires additional care.

(2) The infant's parent or caretaker requires additional education and support services regarding care for the infant.

(3) A public children services agency (PCSA) or private child placing agency (PCPA) requires additional time to determine placement of the infant.

(D) A RICC may provide residential care for up to ninety consecutive days.

(E) Any of the following with legal custody of the infant may place an infant in a RICC:

(1) A parent, guardian, or legal custodian.

(2) A public children services agency.

(3) A private child placing agency.

(F) Pediatric medical service means medical service required to be provided by, or with oversight from, a licensed medical professional, including prescribing medication, administering rectal or intravenous medication, and outpatient laboratory service, and providing for sick visits, onsite well child exams, and children assisted by medical technology.

(G) A RICC, if using medication to treat infants will need a terminal distributor of dangerous drugs license issued by the state board of pharmacy under section 4729.54 of the Revised Code.

(H) A RICC is to comply with all requirements in accordance with Chapter 5101:2-9 of the Administrative Code. Exceptions to the requirements are listed in appendix A to this rule.

(I) The RICC is to develop a plan of safe care for an infant born substance exposed and affected including the following:

(1) Assist with the health and substance use disorder treatment needs of the infant and the parent or caregiver.

(2) Develop and implement a program monitoring, supporting, and connecting the family or caregiver.

(J) The RICC is to develop and implement a program for parents and caregivers of the infant, either individually or in a group setting, to address:

(1) Teaching parenting skills.

(2) Bonding with the infant.

(3) Caring for the infant's special needs.

(K) A RICC is to ensure the following:

(1) Child-care staff, volunteers and interns (in positions responsible for the daily direct care or supervision of children) to be at least eighteen years old and have a high school diploma or certificate of high school equivalence.

(2) Volunteers and interns who are under twenty-one years of age are to be supervised.

(3) A RICC may include volunteers or interns in child-to-staff ratios only during an emergency which includes an extremely ill staff member.

(L) A criminal records check is to be requested for volunteers and interns in accordance with section 2151.86 of the Revised Code.

(M) A RICC is to employ registered nurses, patient care assistants, or licensed professional nurses to meet the required child-staff ratio.

(N) A RICC is to have the center peer supporter, family advocate, licensed social worker (LSW), licensed independent social worker (LISW), licensed professional counselor (LPC), or licensed professional clinical counselor (LPCC) to do the following:

(1) Provide wraparound services to the infant's family or caregiver.

(2) Coordinate with the transferring hospital, PCSA or PCPA.

(3) Refer parent or caregiver to appropriate community agencies and services for support and aftercare.

(4) Follow-up with the parent or caregiver after the infant's discharge.

(O) The RICC is to encourage employee-supervised dyad care and permit one of the infant's parents or caregivers to room-in with the infant for bonding and education.

(P) The RICC is to provide the following for dyad care and rooming-in stay.

(1) A single bed and all necessary bedding (sheets, pillow and blankets).

(2) All meals and snacks during rooming-in.

(3) A minimum of one private shower and toilet for the use of any parents or caregivers who are rooming-in.

(4) All rules and policies are to be provided to the parent or caregiver and notification of restriction or cancellation if rules are not followed.

(Q) The RICC is to provide one bathing room for every six infants that includes a minimum of one hip level bathtub with hot and cold water, one changing station and a door with a full-length glass window for safety and observation.

(R) The child-staff ratio is at least one awake child-care staff on duty at all times for every five infants.

(S) Use cribs and other infant sleep products that meet the United States consumer product safety commission's safety standards for safe sleep.

(T) Follow the department of health's safe sleep education program recommendations established under section 3701.66 of the Revised Code.

View Appendix

Last updated January 30, 2026 at 1:48 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-44 Family preservation center.

(A) A family preservation center (FPC) certificate is obtained by a facility actively being licensed first as either a children's crisis care facility, or a residential infant care center, and by meeting the qualifications outlined in this rule.

(B) A FPC is to obtain and maintain accreditation under one of the following:

(1) The commission on accreditation of rehabilitaiton facilities.

(2) The joint commisson on accreditation of healthcare organizations.

(3) The council on accreditation for children and family services.

(C) The FPC is to obtain and maintain certification by the Ohio department of mental health and addiction services.

(D) A FPC is to provide family preservation programs informed by evidence-based or promising practices, including all of the following;

(1) Family case management.

(2) Service referral and linkage.

(3) Parent education.

(4) Trauma screening and healing-centered interventions.

Last updated January 30, 2026 at 1:48 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-9-45 Scholars residential center.

(A) A scholars residential center (SRC) is a center that meets all of the following:

(1) The center is a certified affiliate in good standing of a national organization with a mission to help underserved children in middle school and high school in a comprehensive manner that:

(a) Is academically focused and service-oriented and in a family-like setting.

(b) Is voluntary and uses a competitive selection process.

(2) Is private and not-for-profit.

(3) Does not receive Title IV-E funding or any associated Title IV funds related to child welfare.

(4) Only accepts direct placement of children placed by their parents or legal guardians.

(B) A private non-custodial agency (PNA) operating as a scholars residential center (SRC) is to comply with all applicable rules of Chapters 5101:2-5 and 5101:2-9 of the Administrative Code. If there is a conflict between a requirement of any provision in this rule or any provision of Chapter 5101:2-5 or 5101:2-9 of the Administrative Code, the provisions of this rule will take precedence.

(C) A scholars residential center is exempt from the following:

(1) Any policy or component of policy that is not specific or relevant to the SRC.

(2) Discharge summaries.

(3) Case plans or service plans.

(4) Recreation and leisure activity requirements, provided that the center has a recreation area available and permits children to swim and has a person present, who has completed life-saving or water safety training.

(5) Visiting and communications policies, provided that the center ensures the children have contact with their family.

(6) Treatment focused requirements established for residential agencies.

(D) A SRC is permitted to request agency waivers.

(E) The SRC training requirements for staff include:

(1) Orientation training, with a minimum of twenty hours of orientation within the first thirty days of hire before staff are able to be alone with the children, as described within rule 5101:2-9-03 of the Administrative Code.

(2) Current American red cross, American heart association, or equivalent first aid and cardiopulmonary resuscitation certification as described within rule 5101:2-9-03 of the Administrative Code.

(3) One hour of annual trauma training.

(F) A center will provide notification and documentation of critical incidents to the child's parent(s) or legal custodian(s).

Last updated January 30, 2026 at 1:48 PM

History

• Effective: January 1, 2024
• Promulgated Under: 119.03

Chapter 5180:2-12 Licensing of Child Care Centers

Ohio Adm.Code 5180:2-12-01 Definitions for licensed child care centers.

As used in this chapter:

(A) "Administrator" means the person responsible for the daily operation of the center. The administrator and the owner may be the same person. The administrator is also a child care staff member.

(B) "Adult" means an individual who is at least eighteen years of age.

(C) "Advanced practice registered nurse (APRN)" means a certified registered nurse anesthetist, clinical nurse specialist, certified nurse midwife or certified nurse practitioner under Chapter 4723. of the Revised Code.

(D) "Authorized representative" means an individual employed by a center that is owned by a person other than an individual and who is authorized by the owner to do all of the following:

(1) Communicate on the owner's behalf.

(2) Submit on the owner's behalf applications for licensure or approval.

(3) Enter into on the owner's behalf provider agreements for publicly funded child care.

(E) "Career pathways model" means an alternative pathway to meeting the requirements for a child care staff member or administrator that uses an approved framework to document formal education, training, experience, specialized credentials and certifications. This allows the child care staff member or administrator to achieve a designation as an early childhood professional level one, two, three, four, five, or six.

(F) "Child" means an infant, toddler, preschool child or school-age child.

(G) "Child care" per section 5104.01 of the Revised Code means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children and school-age children outside of school hours.

(2) By persons other than their parents, guardians, or custodians.

(3) For part of the twenty-four-hour day.

(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home.

(5) By a provider required by Chapter 5104. of the Revised Code to be licensed or approved by the department of children and youth (DCY), certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104.32 of the Revised Code.

(H) "Child care staff member" means an employee of a licensed child care center whose primary responsibility is to provide care and supervision of children. Only a child care staff member may be part of the staff-to-child ratio. A substitute child care staff member may replace a child care staff member on a temporary basis. For the purposes of this chapter, child care staff members include substitute child care staff members and high school students and graduates under eighteen years of age working as child care staff members.

(I) "Corrective action plan" describes the action taken by the program to correct a licensing non-compliance. This plan does not confirm whether the program is in compliance with the rule or negate the non-compliance finding. Corrective action plans are submitted in the Ohio statewide licensing system and are to be completed in their entirety to be approved.

(J) "Dentist" means a person issued a certificate to practice in accordance with Chapter 4715. of the Revised Code and rules adopted by the state dental board or a comparable body in another state.

(K) "Developmentally appropriate" means curriculum, instruction, environments, and age-appropriate activities that reflect the cognitive, social, and emotional level of the learner and includes the unique abilities or characteristics of a learner or group of learners including learners with disabilities, unique ethnic and/or cultural characteristics, and unique life experiences.

(L) "Drop-in center," as defined in Chapter 5104. of the Revised Code, means a center that provides child care for children on a temporary, irregular basis. "Temporary and irregular" means no more than thirty days a year for any child enrolled. Drop-in centers shall comply with all rules in Chapter 5180:2-12 of the Administrative Code except:

(1) In reference to rule 5180:2-12-25 of the Administrative Code, the drop-in center shall not administer any medical food or medication.

(2) In reference to rule 5180:2-12-20 of the Administrative Code, the drop-in center is exempt from providing a cot for each child the center is licensed to serve.

(3) In reference to rule 5180:2-12-04 of the Administrative Code, the drop-in center which does not prepare and serve food is exempt from obtaining a health department approval.

(4) In reference to rule 5180:2-12-11 of the Administrative Code, the drop-in center is exempt from meeting the provisions of paragraphs (B) and (C) of that rule, but if these provisions are not met, the drop-in center has a specific plan to provide for gross motor activity for children in care. If a drop-in center chooses to include outdoor play, the drop-in center meets the requirements of paragraph (A)(5) of rule 5180:2-12-17 of the Administrative Code.

(M) "Employee" means an individual who receives compensation for duties performed in a licensed child care center; or who is assigned specific working hours or duties in a licensed child care center. This includes contracted employees or self-employed individuals who are compensated by the program and who have unsupervised access to children in care.

(N) "Field trips" means infrequent or irregularly scheduled excursions from the center.

(O) "Infant" means a child who is under eighteen months of age.

(P) "License capacity" is the maximum number of children who may be cared for in a child care center at any one time. License capacity is indicated on the license. License capacity is not the same as the total number of children enrolled in the center or attending the center on any given day. Children away from the center on a field trip or a special outing, and under the supervision of a child care staff member, are included in the count for license capacity.

(Q) "Medical food" means food that is formulated to be consumed under the supervision of a physician, physician assistant (PA), or advanced practice registered nurse (APRN) and which is intended for the specific dietary management of a disease or condition.

(R) "Medication" means any substance or preparation which is used to prevent or treat a wound, injury, infection, infirmity, or disease. This includes medication that is over the counter, or prescribed or recommended by a licensed dentist, licensed physician, physician assistant (PA), or advance practice registered nurse (APRN) certified to prescribe medication, and permitted by the parent for administration or application.

(S) "Mobile preschool" means a part-time preschool unit operated by a licensed child care center with a movable classroom that uses no permanent building on a regular basis. Mobile preschool is a type of non-traditional care pursuant to rule 5180:2-12-21 of the Administrative Code.

(T) "Moderate risk non-compliance" means a licensure rule violation that has the potential to lead to an increased risk of harm to, or death of, a child and is observable and/or based on facts.

(U) "Ohio professional registry (OPR)" is an online professional development tool for Ohio's child care professionals.

(V) "Ohio statewide licensing system" is the Ohio department of children and youth system for child care program licensing and "Step Up To Quality" functions and activities.

(W) "Owner" includes a person, as defined in section 1.59 of the Revised Code, or government entity.

(X) "Parent" means the father or mother of a child, an adult who has legal custody of a child, an adult who is the guardian of a child, or an adult who stands in loco parentis with respect to a child, and whose presence in the home is needed as the caretaker of the child. Parent has the same meaning as "caretaker parent" as defined in section 5104.01 of the Revised Code.

(Y) "Parent cooperative child care center", as defined in Chapter 5104. of the Revised Code, means a corporation or association organized for providing educational services only for children of its members without gain to the corporation. Ownership and control of the corporation or association rests solely with its members, and at least one parent member of the corporation is on the premises during the center's hours of operation. Parent cooperatives comply with all rules in Chapter 5180:2-12 of the Administrative Code except:

(1) In reference to rule 5180:2-12-07 of the Administrative Code, the duties of the administrator of a parent cooperative may be carried out under the supervision and in conjunction with a parent board.

(2) In reference to rule 5180:2-12-07 of the Administrative Code, the parent board of a parent cooperative, in cooperation with the administrator, may be responsible for conducting preadmission interviews.

(3) In reference to rule 5180:2-12-04 of the Administrative Code, the parent cooperative center which does not prepare and serve food is not required to obtain a health department approval.

(Z) "Part-time child care center," as defined in Chapter 5104. of the Revised Code, means a center that provides child care for no more than four hours per day for any child or no more than fifteen weeks per summer. Part-time child care centers comply with all rules in Chapter 5180:2-12 of the Administrative Code except:

(1) In reference to rule 5180:2-12-20 of the Administrative Code, the part-time center, which does not include a nap as part of their scheduled daily program, provides only one washable cot, mat, or pad for an ill child.

(2) In reference to rule 5180:2-12-07 of the Administrative Code, an administrator of a part-time center may have duties as a child care staff member during all hours of operation.

(3) In reference to rule 5180:2-12-17 of the Administrative Code, only the part-time center which includes outdoor play as part of their scheduled daily program complies with all stipulations of that rule, except as indicated in paragraph (A)(5) of rule 5180:2-12-17 of the Administrative Code, for a part-time program that provides child care for no more than four hours per day for any child.

(AA) "Physician" means a person issued a certificate to practice in accordance with Chapter 4731. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(BB) "Physician assistant (PA)" means a person who has obtained a valid certificate to practice in accordance with Chapter 4730. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(CC) "Preschool child" means a child who is three years old or older but is not a school-age child.

(DD) "Public children services agency (PCSA)" means an entity specified in section 5153.02 of the Revised Code that has assumed the powers and duties of the children services function prescribed by Chapter 5153. of the Revised Code for a county.

(EE) "Routine trips" means repeated excursions off the center premises which regularly occur on a previously scheduled basis and that parents have been made aware of the destinations of the trip.

(FF) "School-age child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above, but is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old.

(GG) "Serious risk non-compliance" means a licensure rule violation that has the potential to lead to a great risk of harm to, or death of, a child and is observable and/or based on facts.

(HH) "Special needs child care" refers to care provided for a child under the age of eighteen who:

(1) Has one or more chronic (ongoing) health conditions; or

(2) Requires additional support due to severe developmental differences in one or more of the following areas:

(a) Social development.

(b) Emotional development.

(c) Cognitive development.

(d) Communication skills.

(e) Perception skills.

(f) Perception and sensory processing.

(g) Motor skills.

(h) Physical health or mobility.

(i) Behavioral development.

(3) These needs require regular and ongoing adaptations and/or daily specialized support to support their child's development. As a result, the level of care needed is significantly increased and leads to ongoing additional expenses for the child care program.

(II) "Supervision" means the process of overseeing care of a child or group of children in a licensed child care center and includes the duty to keep children safe from harm.

(JJ) "Toddler" means a child who is at least eighteen months of age but less than three years of age.

(KK) "Transitioning child" means any child enrolled in a center who, for easy adjustment, is temporarily being placed with a group prior to being permanently assigned to that group.

(LL) "Visitor" means an individual who is not considered an employee but may be temporarily present in the program. A visitor does not have assigned duties, is not used in ratio, or left alone with children.

(MM) "Voluntary temporary closure" means the program requests to stop serving children, but not close the license. A voluntary temporary closure shall not exceed twelve months.

(NN) "Volunteer" means an individual who is not considered an employee. A volunteer may have duties but is not compensated, not counted in ratio, and is not left alone with children.

Last updated July 1, 2026 at 8:32 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-02 Application and amendments for a child care center license.

(A) What is the application process to establish or operate a licensed child care center?

The owner or owner's representative is to:

(1) Complete a professional registry profile through the Ohio professional registry (OPR).

(2) Register online through the OPR and complete the required center prelicensing training. The prelicensing training shall have been taken within the five years prior to application for a license.

(3) Complete an initial application online in the Ohio statewide licensing system and submit the fee of fifty dollars to the Ohio department of children and youth (DCY).

(a) The application fee submitted with an application is nonrefundable and shall not be credited or transferred to any other application.

(b) The application is considered filed with the Ohio statewide licensing system as of the date it is received electronically and the payment has cleared.

(c) The application will be deleted from the system after one hundred twenty days if the fee payment is not received.

(d) Any application submitted without complete and accurate information will need to be amended with complete and accurate information before being licensed.

(e) The application will be deleted and the fee forfeited if the center is not ready to be licensed after twelve months.

(4) Notify in the Ohio statewide licensing system if the owner or owner's representative wants to voluntarily withdraw the application. This results in a forfeiture of the application fee.

(B) What additional items shall be submitted during the application process?

(1) A background check is to be requested at the time of application in accordance with rule 5180:2-12-09 of the Administrative Code.

(2) The following items will be completed and submitted prior to licensure:

(a) Documentation of building inspection pursuant to rule 5180:2-12-04 of the Administrative Code. A license will not be issued without the certificate of occupancy issued pursuant to rule 5180:2-12-04 of the Administrative Code. Programs operating in a school building, as defined in section 3301.55 of the Revised Code, serving only children ages two and one half years and older are exempt from this requirement.

(b) Name of administrators and documentation that they meet the qualifications as outlined in rule 5180:2-12-07 of the Administrative Code.

(c) When the owner is an individual, the name of the individual owner. When the owner is a corporation, business trust, estate trust, partnership or association, the name of each individual with an ownership interest.

(d) Documentation of business entity registered with a local, state or federal agency, if applicable.

(e) A detailed and labeled site plan that includes: An indoor plan of the space proposed to be used to care for children and an outdoor play space diagram that includes the space used by children in care.

(f) Fire inspection issued pursuant to rule 5180:2-12-04 of the Administrative Code.

(g) Valid food service operation license, exemption status, and/or food processing establishment registration with the Ohio department of agriculture (ODA) issued pursuant to rule 5180:2-12-04 of the Administrative Code.

(C) How will license capacity be determined in a newly issued license?

Unless otherwise requested by the licensee, local certified building department, the Ohio department of commerce, state fire marshal or local fire safety inspector, the license capacity will be the maximum allowable.

(D) Does the child care center license need to be visible?

The license is to be visible to parents at all times.

(E) Can a child care center license be issued to an address or space that is currently licensed for family child care or a child care center?

A child care center license shall not be issued to any address that is currently licensed as a family child care home, or any space licensed for use by another child care center.

(F) Will the license be a continuous license?

The license shall be a continuous license unless:

(1) The center is in the provisional period pursuant to rule 5180:2-12-06 of the Administrative Code.

(2) The center moves to a new address and does not propose a change of location amendment pursuant to this rule.

(3) The owner of the center, as defined in rule 5180:2-12-01 of the Administrative Code, changes. This includes if the corporation or partnership no longer exists.

(4) The center voluntarily surrenders the license by notifying DCY in the Ohio statewide licensing system.

(5) It is revoked pursuant to rule 5180:2-12-05 of the Administrative Code.

(G) What is the process to change or amend a license?

(1) The center is to submit a request and all applicable documents in the Ohio statewide licensing system.

(2) What information can be amended on an existing license?

(a) Name of administrator.

(b) License capacity.

(c) Change of location of the program.

(3) What is the timeline for requesting an amendment?

(a) For a change in administrator, the center is to submit the amendment, with qualifications pursuant to rule 5180:2-12-07 of the Administrative Code for the new administrator, within sixty days. This includes when an existing administrator is on temporary leave for ninety or more days.

(b) For a change in capacity, the center shall request and be approved for the amendment prior to serving additional children. This includes submitting all corrective action plans required pursuant to rule 5180:2-12-03 of the Administrative Code.

(c) For a change in location, the center shall request the amendment at least thirty days prior to the last day at the current location. Failure to request within thirty days may result in a gap of care. Care shall not begin until the license has been transferred to the new location.

(4) What are the requirements if a center wants to permanently move to a different location?

The center is to:

(a) Comply with paragraph (G)(3)(c) of this rule.

(b) Submit all required documents prior to licensure at the new location:

(i) Documentation of building inspection pursuant to rule 5180:2-12-04 of the Administrative Code. A license will not be issued without the Certificate of occupancy issued pursuant to rule 5180:2-12-04 of the Administrative Code.

(ii) A detailed and labeled site plan that includes: An indoor plan of the space proposed to be used to care for children and an outdoor play space diagram that includes the space used by children in care.

(iii) Fire inspection issued pursuant to rule 5180:2-12-04 of the Administrative Code.

(iv) Valid food service operation license, or exemption status, and/or food processing establishment registration issued pursuant to rule 5180:2-12-04 of the Administrative Code.

(c) Submit a fee of fifty dollars in the Ohio statewide licensing system thirty days prior to the proposed move.

(d) Comply with an inspection at the new location and any applicable determinations of license capacity for the new location.

(e) Cease child care operations at the original center location at the time the license is issued for the new address.

(f) If care ceases at the old location before the new location is ready to be licensed, the program may be temporarily closed pursuant to this rule.

(g) If the new location is unable to be licensed within ninety days after the request, the request for amendment will be closed, which results in forfeiture of the application fee.

(5) What are the requirements if a center needs to temporarily provide care in a different location?

(a) If the center is temporarily unable to provide care in the licensed location because the location has been deemed unsafe for care of children by the building department, fire department, local health department, local law enforcement or other government agency, the center may request to temporarily provide care in a new location.

(i) The center shall send a written request to DCY and comply with an inspection of the temporary location prior to providing care at the temporary location.

(ii) The written request shall include written documentation from the government agency that deemed the location to be unsafe for care of children and shall include the plan and timeline for addressing the needs of the licensed location.

(iii) Prior to resuming care at the licensed location, the center shall provide written approval to DCY from the government agency that has deemed the location safe to resume care of children.

(b) If the center is unable to return to the licensed location within one hundred eighty days, the center shall notify DCY thirty days prior to the end of one hundred eighty days and follow the process for a permanent change of location pursuant to this rule. There are no extensions for a temporary change of location.

(H) How shall an administrator, owner or owner's representative request a voluntary temporary closure/inactive status for the license of a child care center?

(1) The administrator, owner or owner's representative is to request the temporary closure status in the Ohio statewide licensing system. The program license will then be considered "inactive" in the system.

(2) The temporary closure/inactive status shall not exceed twelve months.

(3) The center shall not serve any children during the temporary closure/inactive status.

(4) If the center does not have children enrolled for more than one hundred twenty days, they must submit a temporary closure.

(5) If the center is closed for at least six months, the center will comply with an inspection prior to the end of the temporary closure/inactive status and prior to serving children again.

(6) If at the end of the twelve months, the center has not requested in the Ohio statewide licensing system to reinstate the license or is not able to be re-opened, DCY may close the license without hearing rights afforded by Chapter 119. of the Revised Code.

(I) What information will the center keep current in the Ohio statewide licensing system?

(1) Mailing address.

(2) Telephone number.

(3) Email address.

(4) Days and hours of operation.

(5) Services offered.

(6) Name of program.

(7) Ohio secretary of state entity number, if applicable.

(8) Private pay rates.

(J) What if an individual listed in the Ohio statewide licensing system as a legal business owner (as defined in section 5104.03 of the Revised Code) changes?

The center is to log into the Ohio statewide licensing system to complete and submit the information within thirty days of the change.

Last updated July 1, 2026 at 8:32 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-03 Compliance inspection and complaint investigation of a licensed child care center.

(A) What compliance inspections are required for child care centers?

(1) At least one inspection prior to the initial issuance of a provisional license.

(2) At least two inspections during the provisional period.

(3) At least one inspection each state fiscal year after the issuance of the continuous license. Compliance inspections completed in the state fiscal year pursuant to paragraph (A)(2) of this rule meet this requirement.

(4) Any complaint investigations involving the center.

(5) At least one inspection will be unannounced.

(B) What is required of a licensed center for an inspection and/or complaint investigation?

The licensed child care center shall allow the Ohio department of children and youth (DCY) to:

(1) Complete an inspection of all areas where child care is provided, children have access to and all areas used to verify compliance with Chapter 5180:2-12 of the Administrative Code and Chapter 5104. of the Revised Code.

(2) Review required records and documentation.

(3) Interview or take statements from anyone pertinent to the investigation which may include any of the following:

(a) Building officials, fire department inspectors, sanitarians, public health or other state or local officials.

(b) Neighbors.

(c) Parents and relatives of children in care.

(d) Staff of the public children services agency (PCSA).

(e) Anyone mentioned by the complainant.

(f) Law enforcement personnel.

(g) Current and past center employees.

(h) Other witnesses.

(4) Document findings in writing or in photographs or by any other means.

(C) What is a licensing inspection non-compliance?

(1) A licensing inspection non-compliance is a licensure rule violation. Inspections could result in moderate or serious risk findings.

(2) Non-compliance findings differ in level of severity, depending on the potential to lead to a risk of harm to a child, and are observable and/or based on facts. Moderate and serious risk non-compliances are assigned point values and the annual accumulated points may result in DCY licensing or step up to quality (SUTQ) actions pursuant to section 5104.29 of the Revised Code.

(a) Moderate risk non-compliances (MRNC) may lead to an increased risk of harm to children and are worth three points.

(b) Serious risk non-compliances (SRNC) may lead to the greatest risk of harm to children and are worth six points.

(c) MRNC and SRNC are listed in appendix A to this rule.

(D) What actions may DCY take when a serious risk non-compliance occurs?

Any serious risk non-compliance described in, but not necessarily limited to this rule, as reviewed by DCY at its discretion may result in any of the following:

(1) Denial of a license application or approval for a non-expiring or continuous license.

(2) Revocation of a license.

(3) Reduction or removal of a quality rating.

(4) Loss of funding.

(E) What are additional requirements for a licensed center as a result of an inspection and/or complaint investigation?

The center is to:

(1) Complete and submit a corrective action plan in the Ohio statewide licensing system addressing the non-compliances detailed in the inspection report within the time frame requested in the inspection report.

(2) Not misrepresent, falsify or withhold information from DCY.

(3) Pursuant to section 5104.043 of the Revised Code, provide a written or electronic notice of the (SRNC) to all parents of enrolled children within fifteen business days of receipt of the non-compliance, if DCY determines that an act or omission of a child care center constitutes a SRNC pursuant to appendix A to this rule.

(a) The notice is to include a statement informing each parent of the web site maintained by DCY and the location of further information regarding the determination.

(b) If the center requests a review of the finding pursuant to paragraph (G) of this rule, and the finding is upheld, the notice to parents is to be sent within five business days of receipt of the decision by DCY.

(c) The center will need to provide a copy of the notice to DCY.

(d) The requirements of section 5104.043 of the Revised Code do not apply if DCY suspends the license of the child care center.

(F) Will a licensed center have additional inspections based on non-compliances found?

All non-compliances may lead to additional inspections or compliance materials required by DCY.

(G) What if the center does not agree with the licensing findings?

(1) The center may request a review of a non-compliance finding in the Ohio statewide licensing system within ten business days from the receipt of the inspection report.

(2) The center may elect to participate in an initial review of the request with a DCY representative.

(3) Following an initial review, the center may elect to participate in a committee review of the request with a DCY committee.

(4) The committee's decision will be considered final.

(H) Are licensing inspection records available to the public?

(1) Inspections may be viewed using the child care search tool on the DCY website.

(2) An individual may submit a written request to DCY for a copy of the center's licensing record.

View Appendix

Last updated July 1, 2026 at 8:33 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-04 Building department inspection, fire inspection and food service requirements for a licensed child care center.

(A) What are the requirements for building inspections?

(1) A certificate of occupancy for the purpose of operating a child care center is required in accordance with Chapters 3781. and 3791. of the Revised Code and shall be obtained from the local certified building department or in the absence of a local certified building department, the Ohio department of commerce, and be available on-site for review.

(2) The center shall comply with any stipulations or limitations noted on the certificate of occupancy.

(3) A certificate of occupancy is required in the following circumstances:

(a) At the time of application for a child care center license.

(b) At the time a child care center requests a license amendment for a change of location, including a temporary change of location.

(c) Prior to the use of any areas of the structure not previously inspected and approved for child care use.

(d) At the time of major repair, modification or alteration of any existing structure presently being used for child care but prior to the continued use of modified or altered parts of the structure. Major repair, modification or alteration includes:

(i) Cutting away of any wall, partition or portion thereof, the removal of or cutting of any structural beam or bearing support or the removal or change of any required means of escape, or rearrangement of parts of the structure affecting the exit requirements.

(ii) Addition to, alteration of, replacement or relocation of any gas, oil, water, soil, waste or vent piping, electrical wiring or heating, ventilating or air-conditioning equipment.

(iii) Any modification that would otherwise need a plan approval as required by the rules of the Ohio board of building standards.

(4) A new or revised certificate of occupancy is not required for the following:

(a) A change in ownership with no change of use.

(b) Child care is provided exclusively for school-age children in an existing public school or chartered nonpublic school building as described in section 5104.02 of the Revised Code.

(B) What are the requirements for a fire inspection?

(1) Licensed child care centers shall secure a written fire inspection from the state fire marshal or the local fire safety inspector for the municipality or township having jurisdiction.

(2) The child care center is to abide by any stipulations or limitations set forth in the written documentation by the state fire marshal or local fire safety inspector.

(3) A fire inspection is to be obtained at the following times:

(a) At the time of initial application for a child care center license.

(b) At the time of a child care center license amendment when requesting a change of location, including a temporary change of location.

(c) At least once annually within each twelve months from the date of the last fire inspection report.

(d) Prior to the use of any areas of the structure not previously inspected and approved for child care use.

(4) If child care is provided exclusively for school-age children in an existing public school or chartered nonpublic school building as described in section 5104.02 of the Revised Code, a fire inspection for the child care center is not required.

(C) What are the requirements for preparing and serving food for a child care center ?

(1) A valid food service operation license or exemption status shall be obtained from the local health department having jurisdiction.

(2) Meals or snacks may be provided by an off-site food processing establishment registered with the Ohio department of agriculture (ODA). This ODA registration requirement includes meals or snacks prepared by a child care center and provided or transported to a different child care center for serving.

(a) The center is to maintain on file a copy of the food processing establishment's current registration.

(b) If the food processing establishment only provides the food and it is the responsibility of the center to serve the food, the center is to follow the requirements of the local health department having jurisdiction, including securing a food service operation license for the center.

(3) A food service license or exemption for the child care center is not required if the child care program is located in an existing public school, chartered non-public school, church or similar location which maintains a food service operation license. The child care center is to obtain written documentation by the food service operation license holder granting permission to operate under their license.

Last updated January 23, 2026 at 4:35 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-05 Denial, revocation and suspension of a licensed child care center application or license.

(A) What does "owner" mean?

(1) For purposes of paragraphs (C) and (E) of this rule, "owner" is defined in rule 5180:2-12-01 of the Administrative Code, except that "owner" also includes a firm, organization, institution or agency, as well as any individual governing board members, partners, or authorized representatives of the owner as defined in section 5104.03 of the Revised Code.

(2) For all other paragraphs of this rule, "owner" is as defined in rule 5180:2-12-01 of the Administrative Code.

(B) What are the reasons an applicant may have an application denied or a licensed child care center may have a provisional or continuous license revoked?

(1) The center is not in compliance with Chapter 5180:2-12 of the Administrative Code or Chapter 5104. of the Revised Code.

(2) The owner or administrator has been determined not eligible to own a child care program or to be employed in a child care program as a result of the background check requirements pursuant to rule 5180:2-12-09 of the Administrative Code.

(3) The center fails to submit documentation or information requested by the Ohio department of children and youth (DCY) within required time frames.

(4) The center has refused to allow DCY staff access onto its premises or to any area used for child care.

(5) The center has furnished or made misleading or false statements or reports to DCY.

(6) Failure of any person, firm, partnership, organization, institution, or agency to cooperate with the DCY or any state or local official when performing duties required by Chapter 5104. of the Revised Code and Chapter 5180:2-12 of the Administrative Code.

(C) What happens if an application is in the process of being denied or a provisional or continuous license is in the process of being revoked?

(1) If an application for a child care center, type A home or type B home has been issued a notice of intent to deny, no new application for a child care center license shall be processed for the owner until after the completion of the denial process.

(2) If a provisional or continuous license for a child care center, type A home or type B home has been issued an intent to revoke, no new application for a child care center license shall be processed for the same owner until after the completion of the revocation process.

(3) If the child care center has been issued a notice of intent to revoke the program's license, the center is to notify the families of all enrolled children and post the notice of intent in a noticeable location within forty-eight hours of receipt of the notice.

(D) What if a center voluntarily surrenders the license or voluntarily withdraws the application during the revocation or denial process?

The voluntary surrender of a license or the withdrawal of an application for licensure shall not prohibit DCY from revoking a license or denying an application.

(E) What happens if an application has previously been denied, or a provisional or continuous license, or an in-home aide certification is revoked?

(1) If a license of a child care center, type A home, or type B home is revoked, another license shall not be issued to the owner of the center, type A home, or type B home until five years have elapsed from the date the license was revoked.

(2) If an application for a child care center, type A home, or type B home license is denied, the applicant shall not be licensed until five years have elapsed from the date the application was denied.

(3) If the certification of an in-home aide is revoked, the applicant shall not be issued a child care center license until five years have elapsed from the date the certification was revoked.

(F) Which licensing actions by DCY give the center rights to an adjudicatory hearing, in accordance with the requirements of Chapter 119. of the Revised Code?

(1) Denial of an application.

(2) Revocation of an existing license, either provisional or continuous.

(3) The finding of jurisdiction in accordance with rule 5180:2-12-01 of the Administrative Code.

(4) Issuance of a license with authorization for license capacity which does not agree with the authorization sought by the center.

(5) Denial of a continuous license at the expiration of the center's provisional license.

(G) When can DCY suspend a license?

DCY may immediately suspend the license of a center if DCY determines that any of the following have occurred:

(1) A child dies or suffers a serious injury while receiving child care by the center.

(2) A public children services agency (PCSA) accepts a complaint of abuse or neglect pursuant to section 2151.421 of the Revised Code on any of the following people:

(a) The center owner or owner's representative.

(b) The center administrator, if the administrator has not been released from employment or put on administrative leave.

(c) An employee of the center, if the employee has not been immediately released from employment or put on administrative leave.

(3) Any of the following people have been charged by indictment, information, or complaint with an offense relating to the abuse or neglect of a child:

(a) The center owner or owner's representative.

(b) The center administrator, if the administrator has not been released from employment or put on administrative leave.

(c) An employee of the center, if the employee has not been released from employment or put on administrative leave.

(4) DCY or a county agency determines that the center created a serious risk to the health or safety of a child receiving child care in the center that resulted in or could have resulted in a child's death or injury.

(5) DCY determines that the owner or licensee of the center does not meet the requirements of section 5104.013 of the Revised Code.

(H) What happens if a center's license is suspended?

(1) Upon receipt of a written suspension order from DCY, delivered in person, the center shall:

(a) Immediately stop providing care to all children.

(b) Provide written notification of the suspension to the parents of all children enrolled in the center.

(2) Signature is required for delivery. Refusal of delivery is not failure of delivery and service shall be deemed to be complete.

(I) Can the center request a review of the decision to suspend the license?

The center may request an adjudicatory hearing before the department pursuant to sections 119.06 to 119.12 of the Revised Code.

(J) How long will the license be suspended?

The suspension shall remain in effect until the applicable items occur:

(1) The PCSA completes its investigation pursuant to section 2151.421 of the Revised Code and determines that all of the allegations are unsubstantiated.

(2) All criminal charges are disposed of through dismissal or a finding of not guilty.

(3) Pursuant to Chapter 119. of the Revised Code, DCY issues a final order terminating the suspension.

(K) Which DCY licensing actions, ministerial in nature, are not subject to an administrative hearing?

(1) Rejection by DCY of any application for a license for procedural reasons such as, but not limited to, improper fee payment, incomplete submission of required materials or use of invalid forms.

(2) Denial of an application pursuant to paragraph (E) of this rule.

(3) Closing a license that has been in a temporary closure/inactive status for more than twelve months pursuant to rule 5180:2-12-02 of the Administrative Code, when the center has not requested in the Ohio statewide licensing system to reinstate the license.

(4) Closing a license if the child care center is no longer located at the address on the license and the owner has not requested a change of location or closure pursuant to rule 5180:2-12-02 of the Administrative Code.

(5) Closing a license if the owner of the child care center has changed.

(6) Closing a license if, at the end of twelve months, the center is not able to be reopened.

(7) Closing a license if children are not enrolled and attending for twenty-four months and the center refuses to voluntarily permanently close the program.

Last updated July 1, 2026 at 8:33 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-06 Procedures for a licensed child care center operating under a provisional license.

(A) How long is a provisional license valid for a newly licensed child care center?

A provisional license for a newly licensed child care center is valid for at least twelve months and until the continuous license is issued, unless revoked pursuant to rule 5101:2-12-05 of the Administrative Code.

(B) What requirements shall the child care center meet for the provisional license to be amended to a continuous license at the end of the provisional period?

By the end of the provisional period, the center shall:

(1) Be in compliance with Chapter 5101:2-12 of the Administrative Code.

(2) Have children enrolled and attending the center.

(3) Have a qualified administrator named pursuant to rule 5101:2-12-07 of the Administrative Code.

Last updated January 23, 2026 at 4:35 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-07 Administrator responsibilities, requirements and qualifications for a licensed child care center.

(A) What are the requirements to be an administrator in a licensed child care center?

(1) Be named on the child care center license.

(2) Written documentation verifying the administrator's qualifications is to be kept on file at the center or verified documentation is available for review in the Ohio professional registry (OPR). Administrators are to meet the education requirements detailed in appendix A to this rule.

(3) A person named as administrator, who was promoted from within, and who does not meet the requirements of appendix A to this rule within one year of being named as administrator, is to no longer serve as the administrator. The person also is not to be named administrator at another location until the administrator qualifications have been met.

(4) The administrator is to complete a rules review course provided by the Ohio department of children and youth (DCY).

(a) Administrators are to complete the rules review course within six months of the date of their appointment.

(b) Administrators are to complete a rules review refresher course every five years thereafter.

(c) Verification of completion of each rules review course is to be documented in the OPR.

(5) The administrator is to complete the staff orientation training as prescribed by DCY within thirty days of being named administrator at the center or the administrator has documentation of completion of the child care center staff orientation or child care center pre-licensing training after December 31, 2016.

(B) What are the responsibilities of the administrator in a licensed child care center?

The administrator is to:

(1) Be responsible for the daily operation of the child care center and for maintaining compliance with Chapter 5104. of the Revised Code and Chapter 5180:2-12 of the Administrative Code. Administrator duties may be shared with other employees at the center, if applicable, but the responsibility for the daily operation remains with the center administrator.

(2) Be on-site a minimum of one-half of the hours that the child care center is in operation during the week, or forty hours per week, whichever is less. If there is more than one administrator, at least one administrator is to meet this requirement.

(3) For child care centers that are in operation on the weekends and/or evenings/overnights, as well as during the week, be on-site at the center at least twenty hours per week during the hours of six a.m. to seven p.m., Monday through Friday. If there is more than one administrator, at least one is to meet this requirement.

(4) Be responsible for the creation, maintenance and implementation of the policies and procedures detailed in appendix B to this rule. Nothing in these policies shall conflict with Chapter 5104. of the Revised Code or Chapter 5180:2-12 of the Administrative Code, and if applicable, Chapter 5180:2-16, 5180:6-1, or 5180:2-17 of the Administrative Code. A copy of these policies and procedures is to be available on-site at the center.

(5) Provide the parent and all employees with the policies and procedures in appendix B to this rule.

(6) Provide a copy of appendix C to this rule to the parents of the children enrolled in the center.

(7) Ensure that all employees are current in required trainings in accordance with rule 5180:2-12-10 of the Administrative Code, including but not limited to, ensuring building coverage for child care staff members trained in health and safety. At a minimum, the center is to have at least one trained child care staff member on-site (in each building) during all hours of operation who meets health and safety training requirements.

(8) Cooperate with other government agencies as necessary to maintain compliance with Chapter 5180:2-12 of the Administrative Code.

(C) What are the OPR and documentation responsibilities for administrators in a licensed child care center?

All administrators are to:

(1) Create or update their individual profile in the OPR.

(2) Create or update the center's organization dashboard in the OPR for each child care center in which they are employed as administrator.

(3) Ensure that all employees and child care staff members complete the following in the OPR:

(a) Create or update their individual profile in the OPR.

(b) Create an employment record in the OPR for the center on or before their first day of employment, including date of hire.

(c) Update changes to positions or roles in the OPR within ten business days of a change.

(4) Update the center's organization dashboard in the OPR within ten business days of a change for employees and child care staff members of the program, including:

(a) Scheduled days and hours.

(b) Group assignments, if applicable.

(c) The end date of employment.

(5) Maintain records for each current employee and child care staff member as required in Chapter 5180:2-12 of the Administrative Code on file in the center, if not yet verified in the OPR.

(a) Make employment records available upon request by DCY for at least three years after each person's departure, if not verified in the OPR.

(b) Keep employment records confidential except when made available to DCY for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5180:2-12 of the Administrative Code.

(D) What if an administrator is not on the premises?

(1) A child care staff member is to be designated as the person in charge and be on the premises, known as the administrator's designee.

(2) The designee does not have to meet the educational requirements of an administrator nor be named on the license.

(3) The designee is to handle all emergencies and have access to all records required by Chapter 5180:2-12 of the Administrative Code.

View AppendixView AppendixView Appendix

Last updated July 1, 2026 at 8:33 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-08 Employees and child care staff members.

(A) What are the tuberculosis (TB) screening requirements for all employees, including child care staff members, in a licensed child care center?

Prior to the first day of employment, every employee is to provide evidence of tuberculosis (TB) screening in accordance with section 5104.037 of the Revised Code.

(1) For the purpose of TB screening, employees are to notify the child care center through a signed and dated self-attestation statement, to be kept on file at the program, if they have both:

(a) Resided in a country identified by the world health organization (WHO) as having a high burden of TB; and

(b) Arrived in the United States within the five years immediately preceding the date of application for employment.

(2) If the employee meets the screening criteria described in this paragraph, the child care center is to comply with the testing requirements of section 5104.037 of the Revised Code before employment. The TB test is either a two-step mantoux tuberculin skin test or a blood assay for m. tuberculosis.

(a) If the result of the TB test is negative, the child care center may employ the person.

(b) If the result of any TB test performed is positive, the child care center is to follow the requirements outlined in appendix B to this rule.

(B) What are the immunization record requirements for all employees, including child care staff members, in a licensed child care center?

No later than thirty days from the start date of employment, every employee is to, unless otherwise exempt, provide immunization records, including:

(1) Written evidence that the employee is immunized against measles, mumps and rubella (MMR), except that for persons born on or before December 31, 1956, a history of measles or mumps disease may be substituted for the vaccine. A history of rubella disease is not to be substituted for the rubella vaccine. Only a laboratory test demonstrating detectable rubella antibodies will be accepted in lieu of the rubella vaccine.

(2) Written evidence that the employee is immunized against tetanus, diphtheria and pertussis (Tdap) from a licensed physician, as defined in Chapter 4731. of the Revised Code, physician's assistant (PA), advanced practice registered nurse (APRN), certified nurse midwife, certified nurse practitioner or licensed pharmacist.

(3) Documentation if the employee is exempt from the immunization requirements for one of the following reasons:

(a) Reasons of conscience, including religious convictions, with written documentation signed by the individual.

(b) Medical reasons with written documentation signed by a licensed physician, PA, or APRN.

(C) What are the Ohio professional registry (OPR) requirements for employees and child care staff members in a child care center?

All employees and child care staff members, including substitute child care staff members, are to:

(1) Create or update their individual profile in the OPR.

(2) Create an employment record for the child care center on or before the first day of employment, including date of hire.

(3) Update their individual profiles or employment records in the OPR within ten business days of a change, including:

(a) Contact information.

(b) Positions or roles, and related dates.

(D) What are the additional requirements for an employee to work as a child care staff member in a licensed child care center?

Child care staff members are to:

(1) Be at least sixteen years of age.

(2) Have completed a high school education or be at least a high school junior (on or after the start of high school junior year) and enrolled in or completed one of the following:

(a) An early childhood education or child development career technical program.

(b) A child development associate (CDA) training program or achieved a CDA credential for the age group in which the high school student is working.

(c) A college credit program with early childhood education or child development focus.

(3) Follow the limitations on child supervision and safety outlined in appendix C to this rule when the child care staff member is a high school student and high school graduate under the age of eighteen.

(4) Provide verification of education on or before the child care staff member's first day of employment.

(a) Verification is to be kept on file at the center or in the OPR.

(b) High school education is defined in appendix A to this rule.

(c) For high school students, documentation of high school grade level and enrollment in or completion of a technical, training or college credit program as described in paragraph (D)(2) of this rule is to be verified.

(E) What are the orientation training requirements for child care staff members?

(1) Child care staff members, including substitute child care staff members and high school students and graduates, are to complete the child care center staff orientation training as prescribed by the Ohio department of children and youth (DCY) within thirty days of starting employment at the center as a child care staff member unless the child care staff member has documentation of completion of the training after December 31, 2016.

(2) Completion of the training will be documented with verification from the OPR.

(3) The child care staff member may be used in ratio, but is not to be left alone with children until the orientation is completed.

(F) Do employees and child care staff members have whistle blower protection?

Yes, an employer is not to discharge, demote, suspend or threaten to discharge, demote, suspend or in any manner discriminate against any employee or child care staff member based solely on the employee taking any of the following actions:

(1) Making any good faith oral or written complaint to the DCY or other agency responsible for enforcing Chapter 5104. of the Revised Code regarding a violation of this chapter or the rules adopted pursuant to Chapter 5104. of the Revised Code;

(2) Instituting or causing to be instituted any proceeding against the employer under section 5104.04 of the Revised Code;

(3) Acting as a witness in any proceeding under section 5104.04 of the Revised Code;

(4) Refusing to perform work that constitutes a violation of Chapter 5104. or the rules adopted pursuant to Chapter 5104. of the Revised Code.

View AppendixView AppendixView Appendix

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-09 Background check requirements for a licensed child care center.

(A) What records are included in a background check?

(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3) National sex offender registry.

(4) State sex offender registry.

(5) Statewide automated child welfare information system (SACWIS) records.

(B) Who shall have a background check?

(1) An owner and administrator of a licensed child care center or applicants to be licensed as a child care center.

(2) An employee in a licensed child care center as defined in rule 5180:2-12-01 of the Administrative Code.

(3) A child care staff member in a licensed child care center as defined in rule 5180:2-12-01 of the Administrative Code, including substitutes and high school students and graduates under eighteen years of age working as child care staff members.

(C) Who is not required to have a background check?

Background checks are not required for volunteers and visitors. These are individuals who:

(1) Are not counted in staff-child ratio.

(2) Are not to be left alone with children at any time.

(D) When is a background check required?

(1) At application for a child care center license.

(2) Prior to the first day of employment for employees and child care staff members.

(3) Every five years from the date of the most recent BCI records check.

(E) How is a background check obtained?

The individual shall:

(1) Create a profile in the Ohio professional registry (OPR).

(2) Submit fingerprints electronically according to the process established by BCI and have the BCI and FBI results sent directly to the Ohio department of children and youth (DCY).

(3) Complete and submit the request for a background check for child care in the OPR.

(F) What if an individual previously resided in a state other than Ohio?

(1) DCY will contact any states in which the individual resided in the previous five years to request the information required in paragraph (A) of this rule.

(2) Any information received from other states will be reviewed and considered by DCY as part of the background check review pursuant to paragraph (H) of this rule.

(G) What happens if an individual does not complete the full background check determination process?

(1) If the individual completes only the requirements in paragraph (E)(2) of this rule or only the requirements in paragraph (E)(3) of this rule and does not submit the other component within forty-five days, the background check process will end and a determination of eligibility will not be made.

(2) DCY will notify the individual and the program that the background check determination process has ended.

(3) The individual will need to complete the requirements of paragraphs (E)(2) and (E)(3) of this rule to restart the background check determination process in the future.

(H) What makes an individual ineligible to own or be employed in a center?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code, unless the individual meets the rehabilitation criteria in appendix A to this rule.

(a) Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b) A conviction of or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon to which all conditions have been performed or have transpired.

(2) Being registered or required to be registered on the national or state sex offender registry or repository.

(3) The individual is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date the request for background check was submitted or the individual has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by that specific person.

(I) What happens after the individual requests the background check in the OPR and submits fingerprints through a webcheck location?

(1) The program and individual may receive notification of preliminary approval generated from the OPR.

(2) The center will receive the DCY 01176 "Program Notification of Background Check Review for Child Care" from DCY and shall keep it on file, if not available in the OPR.

(a) For those individuals not eligible for employment, the center shall not hire the individual or shall terminate them from employment immediately upon receipt of the DCY 01176.

(b) Until preliminary approval is received from DCY, an administrator, child care staff member or employee hired on or after the effective date of this rule cannot engage in any assigned duties, be near children, or otherwise have access to children.

(c) A child care staff member with preliminary approval but not a DCY 01176 on file at the center or in the OPR shall not be left alone with children and shall be supervised at all times by another child care staff member with a DCY 01176 on file or in the OPR.

(d) Only child care staff members with a DCY 01176 on file at the center or in the OPR may be left alone with children.

(3) The individual will receive the DCY 01177 "Individual Notification of Background Check Review for Child Care" from DCY.

(a) If the individual believes the information received is not accurate, the individual may directly contact the agency that contributed the questioned information.

(b) If the individual disagrees with the employment eligibility decision made by DCY, a DCY 01178 "Request for Review of Background Check Decision for Child Care" shall be completed to request a review of the decision. The DCY 01178 shall be submitted within fourteen business days from the date on the DCY 01177.

(J) What happens after an individual submits a DCY 01178 to DCY?

If an individual requests a review of a background check decision pursuant to paragraph (I)(3)(b) of this rule:

(1) The program shall not allow the individual to be on-site at the program during the review by DCY.

(2) If the individual is determined to be eligible for employment, the program may allow the individual to be employed and shall keep the updated DCY 01176 on file pursuant to paragraph (I)(2) of this rule.

(3) If the decision is upheld, the individual remains ineligible for employment.

(K) What are the background check requirements if an individual becomes employed at another licensed program?

(1) Only the request for a background check for child care in the OPR is required if the individual meets all of the following:

(a) The individual has a current background check determination by DCY completed in the previous five years pursuant to this rule.

(b) The individual has been employed by a licensed child care center, licensed type A home, licensed type B home, approved day camp, a preschool or school-age program approved to provide publicly funded child care or certified as an in-home aide or was a resident of a licensed type A home or licensed type B home in the previous one hundred eighty consecutive days.

(2) Upon receipt of the request, DCY will provide the DCY 01176 based on the existing background check determination to the new employer.

View Appendix

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-10 Training and professional development requirements for a licensed child care center.

(A) What are the health training requirements for a child care center?

(1) All child care staff members are to be currently trained in first aid and cardiopulmonary resuscitation (CPR) appropriate for the age and developmental levels of the children in care.

(a) First aid and CPR trainings are to be completed within the first ninety days of hire.

(b) Until all required individuals are current in the trainings, at a minimum, the center is to have at least one trained child care staff member on-site (in each building) during all hours of operation who meets this requirement.

(2) A center shall have at least one child care staff member on-site (in each building) during all hours of operation who is currently trained in the management of communicable disease.

(3) All child care staff members are to be currently trained in child abuse and neglect recognition and prevention.

(a) Child abuse and neglect recognition and prevention training is to be completed within the first sixty days of hire.

(b) Until all required individuals are current in the trainings, at a minimum, the center is to have at least one trained child care staff member on-site (in each building) during all hours of operation who meets this requirement.

(4) Trainings shall meet course and trainer requirements in appendix A to this rule.

(5) If a child care staff member meets the trainer requirements in appendix A to this rule for a health training, that person is considered to meet the training requirement for that health training pursuant to paragraphs (A)(1) and (A)(2) of this rule.

(6) Audiovisual or electronic media training shall not be used to meet the CPR training requirement pursuant to paragraph (A)(1) of this rule unless there is also an in-person component of the training.

(B) What are the ongoing professional development training requirements for the administrator and child care staff members?

(1) Complete a minimum of six clock hours of training annually each fiscal year. The fiscal year is defined as July first through June thirtieth.

(a) Training topics include those listed in appendix B to this rule.

(b) Health trainings taken pursuant to paragraph (A) of this rule may not be used to meet the professional development training requirements.

(c) Audiovisual or electronic media training may be used to meet the required six hours of annual training.

(2) Child care staff members hired between January first and June thirtieth of each year are not required to complete the professional development requirements until the following fiscal year.

(3) A person designated and employed as a substitute child care staff member is not required to meet the professional development requirements. When the substitute child care staff member is used more than ninety days annually between July first and June thirtieth, professional development requirements are to be met. The center is responsible for documenting the number of days the substitute child care staff member worked for a period of eighteen months.

(C) What verification is needed on file at the center to document the completed training?

(1) The health trainings shall be documented by one of the following:

(a) Verification from the Ohio professional registry (OPR).

(b) The JFS 01276 "Health Training Documentation for Child Care".

(c) Training cards or certificates issued by the training organization.

(2) The on-going professional development shall be documented by one of the following:

(a) Verification from the OPR.

(b) Transcript of completion of college courses from an accredited university, college, or technical college.

(i) One quarter credit hour equals ten clock hours of training.

(ii) One semester credit hour equals fifteen clock hours of training.

(c) The JFS 01307 "Professional Development Documentation for Child Care."

(d) Certificates indicating continuing education units (CEU). One CEU equals ten clock hours of training.

(e) Certificates issued by Ohio child welfare training centers.

(3) A child care center administrator or owner shall, within five business days, provide current staff with copies of their training documentation upon request or upon separation from employment for any records not verified in the OPR.

View AppendixView Appendix

Last updated January 23, 2026 at 4:35 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-11 Indoor and outdoor space requirements for a licensed child care center.

(A) What are the indoor space requirements for a center?

(1) There shall be at least thirty-five square feet of approved, usable wall-to-wall indoor floor space for each child that the center is licensed to serve.

(2) Spaces used to care for children less than two and one half years of age are to:

(a) Be approved by the Ohio department of children and youth (DCY) prior to use for the care of children younger than two and one half years of age.

(b) Provide at least thirty-five square feet of floor space for each child per room or area.

(3) Usable indoor floor space shall not include bathrooms, hallways, storage rooms or other areas not used for child care.

(4) Bathrooms may be included if they are used exclusively by children enrolled in the center.

(5) Areas included in the center's square footage shall be exclusively available for child care during all operating hours of the child care program.

(6) If the center is in a shared building, the center may identify a back-up space that is available for use on days the primary space is not available. When the back-up space is utilized, the space shall only be used for child care during that time and shall have building and fire approval.

(7) The public may use areas such as entry ways, hallways, bathrooms and other areas normally available for public use if such access does not constitute a risk or hazard to the health and safety of the children in care.

(8) The calculation of indoor space may include hallways, kitchens, storage areas and bathrooms not used exclusively by children and other areas not available for child care if either of the following apply:

(a) The center's license has been maintained since September 1, 1986; or

(b) A new license was issued due to the change of ownership of the center that was previously licensed prior to September 1, 1986.

(9) Dividers may be used to divide a room into smaller spaces to serve additional groups of children, provided the center ensures that the space maintains the indoor space square footage requirement pursuant to paragraph (A)(1) of this rule.

If used, dividers are to:

(a) Meet any requirements set by the department of commerce, local building department, state fire marshal or local fire safety inspector.

(b) Be made of non-porous material or other material that can be cleaned and sanitized.

(B) What are the on-site outdoor space requirements for a center?

(1) The center shall have an on-site outdoor space that:

(a) Provides at least sixty square feet of usable space per child using the area at one time.

(b) Ensures that children are not able to leave the outdoor play area unsupervised and ensures that any hazards from the outside cannot enter the outdoor play area without the staff being aware of them. Outdoor space is protected from traffic or animals by one or more of the following:

(i) A continuous fence in good condition with functioning gates.

(ii) A continuous natural barrier.

(iii) A combination of fence and natural barrier.

(c) Has functional latches on gates which cannot be easily opened by young children if gates are used. Gates shall not be locked when children are present at the center.

(d) Provides access to bathroom facilities and drinking water during play times.

(e) Is inspected by staff daily and determined to be free of foreign objects and trash during times children are outside playing. A trash can with a lid is permitted in the play area if it is emptied daily and kept in clean condition.

(2) Protects children under six months from direct exposure to the sun. Provides sun protection for all children.

(3) Bodies of water (other than water tables designed for children to play in only with their hands) shall be separated from the play area by a fence or other physical barrier (the center door only is not a sufficient barrier) that prevents children from accessing the water.

(C) What are the exemptions for having an on-site outdoor space?

A center may be exempt from having an on-site outdoor space if both of the following apply:

(1) The center has an indoor recreation area that has a minimum of one thousand four hundred forty square feet of space that is separate from the indoor space required by this rule and is regularly available and scheduled for daily use.

(2) There is a safe park or play area regularly available, scheduled for daily use in suitable weather where the distance and means to access the off-site play area is safe and developmentally appropriate..

(D) What are the on-site outdoor equipment requirements for a center?

(1) Outdoor equipment, whether stationary or portable, shall be safe and designed to meet the developmental needs of all of the age groups of children using the space.

(2) Equipment, such as, but not limited to, climbing gyms, swings, and slides shall:

(a) Be free of conditions that pose a risk of harm to children.

(b) Be placed out of the path of the area's main traffic pattern.

(c) Be anchored or stable and have all parts in good working order and securely fastened.

(d) Have all climbing ropes anchored at both ends and not capable of looping back on themselves creating a loop with an interior perimeter of five inches or greater.

(e) Have "S" hooks that are closed in order to prevent the chain from slipping off of the hook and prevents strangulation if they are used.

(f) Have no openings that are greater than three and one half inches, but less than nine inches to avoid entrapment of the head or other body parts.

(g) Have protected barriers on platforms that are thirty inches high or higher. A protective barrier means an enclosing device around an elevated platform that is intended to prevent both inadvertent and deliberate attempts to pass through the device.

(h) Be assembled, installed and utilized according to manufacturer's guidelines.

(3) Functionally linked play equipment may be used if each piece of the adjacent equipment is not more than twelve inches apart for preschool-age children or eighteen inches apart for school-age children. Functionally linked play equipment means two or more play structures designed and installed adjacently to create one integral unit that provides more than one play activity for children.

(E) What are the on-site fall zone requirements for a center?

(1) Equipment used for climbing, swinging, balancing and sliding should not be placed over, or immediately next to, hard surfaces such as asphalt, concrete, dirt, grass, or flooring covered by carpet or gym mats not intended for use as surfacing for climbing equipment.

(2) All pieces of playground equipment should be placed over and surrounded by a shock-absorbing surface.

(3) All loose fill materials must be raked to retain their proper distribution, shock-absorbing properties and to remove foreign material. This standard applies whether the equipment is installed outdoors or indoors.

(4) All space around equipment designed for or observed being used for climbing, swinging, balancing or sliding shall extend a minimum of six feet in all directions from the perimeter of the equipment or a minimum of three feet in all directions if the equipment is exclusively used by children six months to twenty-three months of age.

(a) The fall zone for moving or swinging equipment is measured from the point of furthest extension.

(b) The fall zone between two stationary pieces of equipment shall be a minimum of nine feet. For equipment exclusively used by children six months to twenty-three months of age, the fall zone requirement is four and one-half feet.

(c) Fall zones shall be kept clear of all obstacles that children could run into or fall on top of including retaining devices such as, but not limited to, fencing, walls, landscape timbers and mulch retaining walls.

(d) Equipment used for climbing shall not be placed over carpet or mats that are not intended for use as surfacing for climbing equipment.

(5) Centers licensed as of January 1, 2007 that have fall zones meeting the requirements listed in paragraph (E)(1) of this rule are exempt from the requirements of (E)(2) of this rule, unless stationary equipment designed for or are observed being used for climbing, swinging, bouncing or sliding is added, replaced or relocated. When this type of equipment is added, replaced or relocated the center is to comply with the requirements of paragraphs (E)(1) and (E)(2) of this rule for all pieces of equipment designed or observed used for climbing, swinging, bouncing or sliding on that playground.

(F) What are the requirements for play areas used by a center that are regulated by another state or local agency?

On-site or off-site play areas that are regulated by another state or local agency are exempt from the DCY requirements for outdoor spaces, playground equipment, and fall zones. Centers are to protect children from harm while using these exempted play areas, including but not limited to, protection from traffic and animals; preventing child access to bodies of water; limiting direct sun exposure for infants; and providing sun protection for all children.

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-12 Safe equipment and environment for a licensed child care center.

(A) What are the safe equipment requirements for a child care center licensed by the Ohio department of children and youth (DCY)?

(1) Equipment, materials, and furniture shall be sturdy, safe, easy to clean and maintain, and in good condition.

(2) Furniture, equipment and materials which are not usable due to breakage or being a hazard shall be removed immediately and stored away from children until repaired or replaced.

(3) Air conditioners, heat pumps, electric fans and space heaters shall be mounted or placed out of the children's reach or have safeguards which prevent children from being injured. All heaters utilized by the child care center shall be approved in writing by the fire department and/or the building department.

(4) Indoor swings (excluding infant swings), slides, climbers, and climbing apparatuses shall not be placed over carpet, concrete, tile, or any similarly hard surface. There shall be shock absorbent protective covering under and around this equipment. If climbing equipment is over three feet high, landing mats at least one and one half inches thick shall be used. The protective covering shall be used and placed according to manufacturers' guidelines.

(5) All children's equipment shall be used in accordance with the manufacturer's guidelines.

(6) General-use trampolines, ball pits, and inflatable play equipment intended for climbing and bouncing, including but not limited to slides and bounce houses shall not be permitted for use at the center. Individual-use, personal-sized therapy trampolines no larger than forty-eight inches in diameter may be used by children under direct supervision.

(B) What are the safe environment requirements for a licensed child care center?

(1) Weapons, firearms, and ammunition materials shall be kept inaccessible to children, out of sight of children, and secured in locked storage areas. The following groups may be permitted to have weapons in a child care center, unless specifically not permitted by the child care center owner or prohibited pursuant to division (C)(3)(a) of section 2923.126 of the Revised Code:

(a) Handguns may be carried by an individual with a valid concealed handgun license and must be kept out of sight of the children.

(b) Weapons may be carried by an active duty member of the U.S. armed forces if also carrying valid military identification and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code.

(c) Weapons may be carried by a law enforcement official who can document that his or her jurisdiction requires ready and immediate access to the weapon or as otherwise permitted pursuant to section 2923.1214 of the Revised Code.

(2) Illegal drugs and substances shall not be on the premises. Alcohol shall only be kept in areas not approved or used for child care.

(3) In accordance with section 2923.1212 of the Revised Code, the center shall post a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey or attempt to convey a deadly weapon or dangerous ordinance onto these premises."

(4) The center shall maintain an indoor temperature of at least sixty-five degrees Fahrenheit. If the center's indoor temperature exceeds eighty-five degrees Fahrenheit, ventilation that produces air movement or air conditioning shall be provided.

(5) Children in care shall be protected from any items and conditions which threaten their health, safety, and well-being, including but not limited to: stoves, bodies of water, window covering pull cords, telephone cords, electrical cords, extension cords, lead hazards, asbestos, wells, traffic, employee's personal belongings and other environmental hazards and dangerous situations. If a potential lead hazard is identified, DCY will make a referral to the appropriate agency.

(6) Floor surfaces shall be maintained to not cause a slipping or tripping hazard.

(7) Toys or other materials small enough to be swallowed shall be kept out of the reach of infants and toddlers.

(8) Cleaning and sanitizing equipment and supplies shall be stored in a space that is inaccessible to children. Cleaning agents, aerosol cans and all other chemical substances shall be stored in a designated area in their original containers and/or clearly labeled.

(a) School-age children may use cleaning equipment, supplies, and cleaning agents with adult supervision.

(b) The cleaning equipment, supplies, and cleaning agents may be accessible in spaces only used by school-age children.

(9) Mercury thermometers shall not be used.

(10) Electrical outlets, including surge protectors, within the reach of children shall have child proof receptacle covers when not in use unless designed with safety guards, except for space used only by school-age children.

(11) Renovations and remodeling to areas in which child care is provided shall be conducted in a safe manner to ensure that lead poison hazards are not introduced into the environment as required by Chapter 3742. of the Revised Code.

(12) Unless toilets and sinks are of suitable height for use by the children, the center shall provide a sturdy, nonslip platform on which the children may stand.

(13) Lawnmowers, sharp tools, machinery and other equipment shall not be used or stored where children have access to them.

(14) All areas used by children shall be ventilated and shall provide protection from rodents, insects and other hazards.

(15) Aerosol spray products shall not be used in rooms where children are in attendance.

(C) What are the regulations for having pets in a licensed child care center?

(1) Pets and animals are permitted if they present no apparent threat to the safety or health of the children.

(2) All local and state ordinances governing the keeping of animals (exotic or domesticated) shall be followed.

Last updated July 1, 2026 at 8:34 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-13 Sanitary equipment and environment for a licensed child care center.

(A) What are the requirements to provide and maintain a clean environment, furniture, materials, and equipment in a licensed child care center?

(1) Toilet tissue, liquid soap, running water, and individually assigned towels, disposable towels or air dryers shall be provided in all bathrooms. Toilets and bathroom sinks shall be in good working condition. Toilets shall be flushed after each use.

(2) Equipment, furnishings, and materials shall be constructed of materials to facilitate cleaning.

(3) Accumulated trash and garbage are not to be stored in an area that has been approved for child care.

(4) The center shall be cleaned daily. The environment, furniture, materials, and equipment are to be kept in a sanitary condition at all times. Items to be cleaned and sanitized between uses, including but not limited to diaper changing stations, potty chairs, tables where food is served, and food prep areas, are to be cleaned and sanitized prior to reuse. Cleaning and sanitizing shall not take place while rooms are occupied by children, except for general cleanup activities such as sweeping, vacuuming, mopping and wiping off tables which are part of the daily routine.

(5) If the center's water is not publicly supplied, the center shall contact the Ohio environmental protection agency (EPA) to determine if it qualifies as a public water system.

(a) If the water supply qualifies as a public water system, the center shall comply with the Ohio EPA requirements.

(b) If the water supply does not qualify as a public water system, the center shall contact the local health department to have the water tested and follow any additional requirements requested by the health department. The center shall retain a copy of the water test and make it available upon request.

(6) On-site sewage disposal systems shall not present a public health hazard.

(B) What are the handwashing requirements for a center?

(1) Handwashing shall occur in a handwashing sink.

(2) Commercially manufactured non-permanent sinks may be used if fresh water and waste water are inaccessible to children and disposed of in a sanitary manner.

(3) Handwashing requirements for center child care staff members, employees and children are detailed in appendix A to this rule.

(C) What are the requirements for a smoke free environment in a center?

The center shall provide a smoke free environment for the children during the hours that child care is being provided in compliance with the smoking ban pursuant to section 3794.02 of the Revised Code and according to the following:

(1) The center will not expose children to the following products including, but not limited to, cigarette, cigar, or pipe butts or ashes, smokeless tobacco, electronic cigarettes, vaporizers, chewing tobacco and their byproducts.

(2) The center is to post in a noticeable place at the main entrance, a notice stating that smoking is prohibited while care is being provided.

(3) If smoking is permitted in the center during hours that the center is not operating, the administrator is to provide written notice to the parent of each child enrolled that smoking occurs at the center outside of center operating hours.

(4) Smoking will not be allowed in all vehicles owned by the child care center and any other vehicle when occupied by children under the center's care.

View Appendix

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-14 Transportation and field trip safety for a licensed child care center.

(A) What is to be available on all trips, including routine walking trips?

The center is to:

(1) Have written and signed permission from the parent before transporting or escorting a child away from the center for field trips and routine trips as detailed in appendix A to this rule. The permission slips are to be kept on file at the center for one year from the date of the trip.

(2) Attach to each child on a routine or field trip, except children being transported only to and from school or to and from home, identification containing the center's name, address, and a telephone number to contact in the event the child becomes lost.

(3) Have a completed copy of the JFS 01234 "Child Enrollment and Health Information for Child Care" for each child on the trip, except routine walks.

(4) Have first aid supplies as required by rule 5101:2-12-16 of the Administrative Code.

(5) Have the completed JFS 01236 "Child Medical/Physical Care Plan for Child Care" for any child who has a health condition which could need medication, special procedures or precautions during the course of the trip. The center is also to take supplies needed to provide such treatment and medications that may need to be administered during the trip.

(6) Have a working cellular phone or other means of immediate communication. Cellular phones are not to be used by a driver while the vehicle is in motion.

(7) Ensure that the child care staff member responsible for each child on the field trip maintains a written record of which vehicle each child is being transported in and the cellular phone number of the adult in that vehicle who could be contacted in an emergency.

(8) Ensure that a person trained in cardiopulmonary resuscitation (CPR), first aid and management of communicable disease in accordance with rule 5101:2-12-10 of the Administrative Code is present in the vehicle for routine trips and field trips and at the destination on all field trips. More than one person may be used to meet this requirement.

(9) Ensure that if the vehicle used to transport children is manufactured with seat belts, they are to be utilized by adults and children, no more than one person may be strapped in each seat belt. Children or adults are not to be permitted to stand in a moving vehicle, sit on the floor or ride in a vehicle where all seats are not securely anchored.

(10) Not leave children in the vehicle when it is being refueled except when a trip is of such a length as to need refueling after starting with a full tank.

(B) What are the ratio and supervision requirements for trips, including routine walking trips?

(1) The staff/child ratio requirements of rule 5101:2-12-18 of the Administrative Code are to be met on field trips and routine trips. Children are to be assigned to specific child care staff members for all field trips.

(2) Parents, guardians or adults authorized by the center may be drivers on field trips as long as staff/child ratio requirements are met at the destination.

(3) One additional adult is to be present in the vehicle whenever five or more children are being transported and one or more of the children are infants.

(4) One additional adult is to be present in the vehicle when there are seven or more children being transported and no infants are present.

(5) One additional adult is to be present in the vehicle when there are ten or more school-age children, or the driver is to have a means of immediate communication, such as a cellular phone, to summon an additional adult when only school-age children are transported in one vehicle.

(6) The additional adult in the vehicle may be the driver, parent or volunteer.

(7) The vehicle is to be checked at completion of each trip to ensure that no child has been left on the vehicle.

(8) During routine walking trips or walking field trips, one additional adult is to be present when there are five or more infants or a combination of seven or more toddlers, preschool and school-age children or for ten or more school-age children if the group of children on the walking trip includes only school-age children.

(9) While children are being transported from their homes or schools directly to the center or from the center directly to their homes or schools, the children are not to count in the center's capacity.

(C) What are the driver requirements for employees and child care staff members of the center?

(1) The employee or child care staff member driver is to:

(a) Be at least eighteen years old.

(b) Hold a currently valid driver's license required for the type of vehicle driven in accordance with Ohio law.

(i) A copy of each driver's current driver's license is to be kept on file at the center.

(ii) The center is responsible for ensuring that the copy of the driver's license on file is kept current.

(c) Be free from the influence of any substance which could impair driving abilities.

(d) Ensure that all passengers, which includes the driver, adhere to the state of Ohio's child restraint law found in section 4511.81 of the Revised Code when transporting children in care.

(e) Not allow children under twelve years of age to ride in the front seat of any vehicle.

(f) See that each child safely boards and exits the vehicle from the curb side of the street whenever physically possible and out of the path of moving vehicles. Drop off or pick up at which it is not possible to board and exit from the curb side is to be conducted in a safe manner and with close supervision by the child care staff member responsible for the children.

(g) Complete the Ohio department of job and family services (ODJFS) child care transportation training in the Ohio professional registry (OPR).

(i) A trained child care staff member is not required in the vehicle on field trips when parents are providing the transportation.

(ii) A trained child care staff member is not required when public transportation is being utilized or if the school district is providing transportation to or from the center .

(h) Practice the emergency exiting procedures.

(i) The emergency exiting procedures are to be practiced with the children on a monthly basis.

(ii) This practice is to occur during months that the vehicle is used for transporting children and is to take place on the center's premises or another safe location that is protected from traffic and other hazards to ensure the safety of the children involved.

(iii) A written record is to be kept of the dates when the emergency exiting procedure was practiced and the staff that were involved.

(2) Parents, who are not employed by the center, who use their vehicles for transportation to occasional field trips do not have to meet the requirements of paragraph (C) of this rule. For the purposes of this rule, "occasional" means three or fewer times per calendar year.

(3) The requirements outlined in paragraph (C) of this rule do not apply to public transportation drivers or companies contracted by the program and who are not employees or child care staff members.

(4) Training for transportation is to be documented in the OPR or kept on file at the center in the employee's or child care staff member's file for review by the ODJFS.

(D) What are the vehicle requirements for the center?

(1) Any vehicle operated by the center or driven by an employee or child care staff member to transport children for routine trips or field trips is to be mechanically safe at all times.

(2) Requirements for center vehicles used for transportation of children are listed in appendix B to this rule.

(3) The personal vehicles driven by parents who are not employed by the center are not required to meet the requirements of paragraph (E) of this rule.

(E) When are vehicles used for transporting children to be inspected?

The vehicles used for transporting children are to be inspected weekly by child care center staff and annually by an automotive service excellence (ASE) certified mechanic, federal motor carrier safety administration (FMCSA) safety inspector, or the Ohio state highway patrol.

(1) The center is to maintain documentation that staff have performed weekly inspections followed by any necessary repairs or other appropriate actions, for the following items:

(a) A visual inspection of the vehicle's tires for wear and adequate pressure.

(b) A visual inspection for working headlights and taillights, signals, mirrors, wiper blades and dash gauges.

(c) An inspection for properly functioning child and driver restraints.

(d) An inspection for properly functioning doors and windows.

(e) An inspection for, and cleaning of, debris from the vehicle's interior.

(2) The annual safety check is to be completed and approved prior to the use of any vehicle for transporting children, except that a new vehicle purchased directly from the dealer is to have the safety check completed before one year from the date of purchase. The bill of sale from the vehicle purchase is to be maintained on file at the center to verify compliance.

(a) Verification of the safety check is to be documented on the JFS 01230 "Vehicle Inspection Report for Child Care" and include notation and correction of any safety violation, and is to be maintained on file at the center for review by the ODJFS.

(b) A vehicle sticker issued from the Ohio state highway patrol indicating the vehicle has passed a school bus or personal vehicle inspection may be used to meet the annual safety check requirement.

(c) School buses and multifunction school activity buses which are inspected and licensed by the Ohio state highway patrol are exempt from the annual safety check required in this rule. The center is to prepare the buses before each trip following the Ohio department of education's operational and safety rules of Chapter 3301-83 of the Administrative Code.

View AppendixView Appendix

Last updated January 23, 2026 at 4:35 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-15 Child records.

(A) What are the child enrollment information requirements for a child care center licensed by the Ohio department of children and youth (DCY)?

The center is to:

(1) Use an enrollment form that is equivalent in content to the DCY 01234 "Child Enrollment Form for Early Care and Education Programs" form, if the DCY 01234 is not used. The DCY 01234 (or equivalent) is to be on file for each child by the first day of attendance.

(2) Ensure the DCY 01234 (or equivalent) is reviewed at least annually by the parent and updated as needed when information changes. The parent and administrator (or designee) are to initial and date the form when the information is reviewed or updated.

(3) Send the child's enrollment form with any child who is being transported for emergency assistance.

(4) Maintain a current copy of a completed enrollment form for each child in care in a location that can be easily and quickly accessed and removed from the center if there is an emergency that requires the children to be moved to another location.

(B) What are the child immunization requirements for a licensed child care center?

(1) The immunization record is to be on file at the center within thirty days of the child's first day of attendance and updated no more than every thirteen months thereafter. Children who attend a grade of kindergarten and above in an elementary school are exempt from this requirement.

(2) The dated immunization record is to contain the following information:

(a) The child's name and birth date.

(b) A record of the immunizations that the child has had, specifying the month, day and year of each immunization.

(3) Immunization requirements as outlined in section 5104.014 of the Revised Code can be found in appendix A to this rule.

(C) What are the immunization record exemptions for children in a licensed child care center?

A child may be exempt from the immunization record requirements if one or more of the following statements are provided:

(1) A statement from a licensed physician, physician assistant (PA), or advanced practice registered nurse (APRN) that one or more of the following apply:

(a) The child is in the process of being immunized.

(b) An immunization against a disease is medically contraindicated for the child.

(c) An immunization against a disease is not medically appropriate for the child's age.

(2) A statement from the child's parent that he or she has declined to have the child immunized against the disease for reasons of conscience, including religious convictions.

(D) What are the health care plan requirements for caring for children with specific chronic health conditions or diagnoses in a licensed child care center?

(1) Use a health care plan form that is equivalent in content to the DCY 01236 "Health Care Plan Documentation & Permission to Administer Medication" form, if the DCY 01236 is not used, for children with a chronic condition or diagnosis that requires the following:

(a) Monitoring the child for symptoms which require the staff to take action.

(b) Ongoing administration of medication or medical foods.

(c) Performing medical procedures which require trained staff.

(d) Avoiding specific foods, environmental conditions or activities.

(e) A school-age child to carry and administer their own emergency medication.

(2) The center is to:

(a) Ensure that there is documentation for each chronic health condition or diagnosis per child.

(b) Accept documentation and/or instructions from a physician, PA, or APRN as a substitute for the DCY 01236 (or equivalent) form.

(c) Ensure that there is, at all times, at least one trained child care staff member on-site to perform medical procedures and care for the child. This includes ensuring there is a trained child care staff member on-site on field trips. A list of trained staff is to be kept on file.

(d) Keep the documentation of a chronic health condition or diagnosis in a location that can be easily and quickly accessed, including being removed from the center if there is an emergency that requires the children to be moved to another location.

(3) Documentation of a chronic health condition or diagnosis is to be reviewed at least annually and updated as needed, including an updated list of trained staff members, if applicable.

(4) Documentation of a chronic health condition or diagnosis shall be on file with the center by the first day of attendance or upon confirmation of a chronic health condition or diagnosis.

(5) If the center suspects that a child has a chronic health condition or diagnosis, the center may require a physician's statement within a designated timeframe.

(6) Only staff members trained in the child's needs and required procedures are be permitted to perform medical procedures or other action needed for a chronic health condition or diagnosis.

(E) What information regarding children's records can be shared?

Children's records are confidential but are to be available to the Ohio department of children and youth for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5180:2-12 of the Administrative Code. The immunization records are to be subject to review by the Ohio department of health (ODH) for disease outbreak control and for immunization level assessment purposes.

(F) How long are child records to be kept on file at the center?

All child records as well as all written permission to administer medication or medical foods from parents or physicians are to be kept on file for twelve months from the date the documentation is signed or updated, whichever is later, even if the child no longer attends the program or the documentation is no longer required for the child.

View Appendix

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-16 Emergency and health-related plans for a licensed child care center.

(A) What are the emergency posting, weather emergency drill and safety drill requirements for a child care center licensed by the Ohio department of children and youth (DCY)?

The center shall:

(1) Post emergency phone numbers, readily in view in each classroom and other spaces used by the children. Phone numbers are to include the seven digit backup number as well as the area code if area code must be dialed to complete the call and include the following emergency numbers:

(a) Emergency squad.

(b) Hospital.

(c) Police department.

(d) Fire department.

(e) Poison control.

(f) Public children's services agency (PCSA).

(g) Local health department.

(h) Local emergency management agency (EMA).

(2) Post a weather and fire alert plan in each classroom and other spaces used by the children that includes a diagram indicating evacuation routes and any instructions needed to safely evacuate.

(3) Conduct monthly fire drills at varying times. Written documentation of these drills shall be kept on-site.

(4) Conduct monthly weather emergency drills in the months March through September. Written documentation of these drills shall be kept on-site.

(5) Conduct emergency/lockdown drills in each quarter of the calendar year. Written documentation of these drills shall be kept on-site.

(B) What are the first aid kit requirements for a licensed child care center?

(1) The first aid kit shall be kept in a clearly marked, unlocked container out of the reach of children.

(2) One complete kit shall be readily available for every seventy-five children at the center. Centers that operate on separate floors or separate buildings shall have a complete kit on each floor and in each building.

(3) Adequate and sufficient first-aid supplies will be readily available at all times the program is in operation, including on field trips. This includes, at a minimum, band-aids, gauze squares, adhesive tape, an instant ice pack, disposable non-latex gloves, and a working digital thermometer. First-aid supplies are to be reviewed and replaced regularly by a staff member.

(C) What are the specific procedures the licensed child care center needs to follow for standard precautions?

(1) Blood spills shall be treated cautiously and decontaminated promptly. Disposable non-latex gloves shall be worn during contact with blood or bodily fluids which contain blood, such as vomit or feces in which blood can be seen.

(2) Surfaces contaminated with blood or bodily fluids containing blood shall first be cleaned with hot, soapy water and then sanitized with an appropriate bleach solution which is prepared on a daily basis, according to product guidelines, or other acceptable disinfectant solution which is environmental protection agency (EPA) rated as hospital disinfectant with a label claim for mycobactericidal activity.

(3) Disposal of materials that contain blood requires a sealable, leakproof plastic bag or double bagging in plastic bags that are securely tied.

(4) Non-disposable items, such as clothing that contain blood, shall be placed in a sealable, leakproof plastic bag or double bagged in plastic bags that are securely tied and sent home with the child.

(5) Sharp items used for procedures on children with special care needs, such as lancets for finger sticks or syringes, require a disposable container called a "sharps container." This is a container made out of durable, rigid material which safely stores the lancets or needles until they are disposed of properly. Sharps containers must be stored out of the reach of children.

(D) What are the communicable disease requirements for a licensed child care center?

(1) Any child enrolled and attending the center with signs or symptoms of illness listed in appendix A to this rule shall be immediately isolated and discharged to his parent or guardian or person designated by the parent or guardian.

(2) The DCY 08087 "Communicable Disease Chart" shall be posted in a location readily available to parents, child care staff members and employees. The chart is to be displayed in the size available in the Ohio department of job and family services (ODJFS) forms central in order for individuals to easily read, identify and respond to communicable diseases.

(a) The center is to follow the requirements listed on the DCY 08087.

(b) If the communicable disease is required to be reported to the local health department, the center is to report the communicable disease in the Ohio statewide licensing system in accordance with paragraph (G) of this rule by the end of the next business day.

(3) No later than the end of the next business day, the center shall notify parents when their child has been exposed to a communicable disease listed on the DCY 08087.

(4) The center shall release employees and child care staff members who have a communicable disease or who are unable to perform their duties due to illness.

(E) When shall a child care staff member complete the DCY 01299 "Incident/Injury Report for Child Care"?

(1) Staff shall complete the DCY 01299 and provide a copy to the child's parent or the person picking up the child on the day of the incident or injury if:

(a) A child becomes ill or receives an injury which requires first aid treatment.

(b) A child is transported in accordance with this rule to a source of emergency assistance.

(c) A child receives a bump or blow to the head.

(d) An unusual or unexpected incident occurs which jeopardizes the safety of a child or employee of a center, such as a child leaving the center unattended, a vehicle accident with or without injuries or exposure of children to a threatening person or situation.

(2) Copies of the DCY 01299 shall be kept on file at the center for at least one year and shall be available for review by DCY.

(F) What is a serious incident?

(1) Death of a child at the center.

(2) An incident, injury, or illness that requires professional medical consultation or treatment for a child.

(3) An unusual or unexpected incident which jeopardizes the safety of a child, child care staff member or employee of a center.

(4) An incident defined as a serious risk non-compliance in appendix A to rule 5180:2-12-03 of the Administrative Code.

(G) What does the center do if there is a serious incident?

(1) The center shall log in to the Ohio statewide licensing system by the next business day to report the incident, as defined in paragraph (F) of this rule.

(2) This notification does not replace reporting to the public children services agency (PCSA) if there are concerns of child abuse and neglect as required by rule 5180:2-12-19 of the Administrative Code.

(3) The center may print the completed serious incident report in the Ohio statewide licensing system and give to the parent to meet the parent notification requirements of paragraph (E) of this rule.

(4) If a child is transported by anyone other than a parent for emergency treatment, the child's health and medical records required by rule 5180:2-12-15 of the Administrative Code are to accompany the child. The center administrator or a child care staff member is to stay with the child until the parent assumes responsibility for the child's care.

(H) What are the emergency preparedness and response plan (EPRP) requirements for a center?

The center is to develop a written EPRP and train child care staff members and employees on the plan annually. Written documentation of this training is to be kept on-site.

(1) The EPRP shall include procedures that will be used to prepare for and respond to the following types of emergency or disaster situations:

(a) Medical or dental emergencies, including emergency transportation.

(b) Weather emergencies and natural disasters which include severe thunderstorms, tornadoes, flash flooding, major snowfall, blizzards, ice storms or earthquakes.

(c) Emergency outdoor or indoor lockdown due to threats of violence which includes active shooter, bioterrorism or terrorism.

(d) Emergency evacuation and relocation procedures due to hazardous materials and spills, gas leaks or bomb threats; or due to threats of violence which include active shooter, bioterrorism, or terrorism.

(e) Outbreaks, epidemics or other infectious disease emergencies.

(f) Loss of power, water or heat.

(g) Other threatening situations that may pose a health or safety hazard to the children in the center.

(2) The EPRP is to include details for:

(a) Emergency numbers for medical, dental, and transport-related emergencies, in addition to 9-1-1.

(b) Shelter in place or evacuation, how the center will care for and account for the children until they can be reunited with the parent.

(c) Assisting infants, toddlers, and children with special needs and/or health conditions.

(d) A designated safe site where staff and children can safely relocate and remain when evacuated.

(e) Reunification with parents.

(i) Emergency contact information for the parents and the center.

(ii) Procedures for notifying and communicating with parents regarding the location of the children if evacuated.

(iii) Procedures for communicating with parents during loss of communications, no phone or internet service available.

(f) The location of supplies and procedures for gathering necessary supplies for staff and children if required to shelter in place.

(g) What to do if a disaster occurs during the transport of children or when on a field trip or routine trip.

(h) Making the EPRP available to all child care staff members and employees.

(i) Training of staff or reassignment of staff duties as appropriate.

(j) Updating the EPRP on a yearly basis.

(k) Contact with local emergency management officials.

View Appendix

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-17 Programming and materials for a licensed child care center.

(A) What are the programming requirements for a licensed child care center?

The requirements include:

(1) Posting the daily schedule for each age group in each classroom.

(2) Providing opportunities for both quiet and active play suitable to the developmental levels and abilities of each child in care.

(3) Providing activities to promote the children's physical, social-emotional, cognitive and language development.

(4) Providing opportunities for periods of child initiated activities such as, imaginative play, language development, and creative activities.

(5) Providing outdoor play in suitable weather for any infant over twelve months of age, toddler, preschool, and school-age child in attendance four or more consecutive daylight hours. Suitable weather is at a minimum of twenty-five to ninety degrees Fahrenheit.

(6) Indoor gross motor play such as, climbing, jumping, running, riding wheel toys, yoga, other physical fitness or music and movement on days when outdoor play is not provided.

(B) What materials and equipment are required for a licensed child care center?

The center shall:

(1) Provide durable furniture such as tables and chairs. This furniture shall be child sized or safely adapted for use by children.

(2) Provide developmentally appropriate play materials to be used as part of the daily schedule. These materials shall be readily accessible, and arranged in an orderly manner so that children have opportunities to select, remove, and replace play materials with minimal assistance during the day.

(a) The center shall have materials from each category in appendix A to this rule for infants, toddlers and preschool-age children.

(b) The center shall have materials from at least five of the nine categories in appendix A to this rule for school-age children.

(3) Ensure that equipment, materials, and furnishings provided for both indoor and outdoor play are:

(a) Varied and adequate to meet the developmental needs of the children.

(b) Sufficient in quantity that each child can be actively involved in an activity.

(4) Designate an area where children can individually store their personal belongings. This area shall not block walkways or evacuation routes.

(5) Designate an area for quiet activities.

View Appendix

Last updated January 23, 2026 at 4:35 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-18 Group size and ratios for a licensed child care center.

(A) What are the requirements for staff/child ratios and maximum group size for a licensed child care center?

(1) The center shall ensure that required child care staff members/child ratios and maximum group size limitations are maintained at all times in accordance with appendix A to this rule. The center shall post appendix A to this rule in a noticeable area in the center.

(2) Child care staff members shall not be counted in the staff/child ratio when engaged in duties or activities that interfere with supervision of children.

(3) There shall be at least one other employee or child care staff member at the center if there are seven or more children in the building.

(4) Children shall be organized and assigned to a permanent group in consultation with parents and in accordance with the maximum group size detailed in appendix A to this rule.

(5) A child with special needs shall be included in the group that best meets the child's development needs.

(6) The center shall not exceed the license capacity at any time.

(a) Children on routine trips to and from home, do not count in the center's capacity.

(b) Children on routine trips, other than to and from home, and on field trips do count in the center's capacity.

(7) Group size limitations shall not be interpreted to apply during nap time, evening sleep time, meal time, snack time, outdoor play, field trips, routine trips or special occasions.

(B) What are the requirements when multiple age groups are combined?

(1) If two or more age groups are combined, the staff/child ratio shall be maintained for the age of the youngest child in the group. This includes when children are visiting the next older age group for transitioning purposes.

(2) If no more than one child two and one-half years of age or older is permanently assigned to a group in which all the other children are in the next older group, the staff/child ratio and maximum group size shall be determined by the older children.

(3) All age groups may be combined when there are twelve or fewer children in the center.

(C) What are the requirements when multiple groups are combined in a shared undivided space?

Two or more groups of children may be combined in the shared space if all of the following are met:

(1) All of the children are two and a half or older.

(2) The total number does not exceed the occupancy limit for the space or thirty-five square feet per child (whichever is less).

(3) Ratio is maintained pursuant to this rule at all times.

(D) What are the requirements for transitioning children into the next age group?

(1) The center shall have available in the classrooms, a copy of a signed transition agreement between the parent and the center.

(2) Preschool children may transition to the school-age group at the conclusion of the school year before kindergarten and be counted as school-agers for ratio.

(E) Can school-age only programs double ratio to allow access to the program?

(1) If the program serves only school-age children, a group of school-age children may be left with only one child care staff member while the other child care staff member leaves the room to allow access to the program.

(2) Both child care staff members shall have a working communication device to contact each other while one child care staff member is out of the room.

(3) The child care staff member shall return to the group after allowing access to the program.

(F) What are the requirements for child care centers to keep an attendance record?

(1) The program shall have written documentation of the following for each child:

(a) The name and birth date of the child.

(b) The assigned group for the child.

(c) The child's weekly schedule.

(d) The time (hours and minutes) of the child's arrival and departure to the program, including transportation by the program. Ohio's automated child care system cannot be used to meet this written documentation requirement.

(e) The original written documentation shall be kept for a period of one year. Attendance documentation shall remain at the center at all times.

(2) Each group shall have a method for tracking the children in the group. This tracking method shall include the child's name and date of birth and shall remain with the group at all times throughout the day including outdoor play, emergency evacuations and when groups are combined. The tracking shall be updated throughout the day as children enter or leave the group.

View Appendix

Last updated January 23, 2026 at 4:35 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-19 Supervision of children and child guidance for a licensed child care center.

(A) What are the requirements for supervision by child care staff members?

The program is to ensure that child care staff members provide supervision of the children in care. Each child care staff member shall:

(1) Leave no child unsupervised. Supervision means:

(a) Being aware of the physical, developmental, and behavioral needs, as well as parental preferences, of the child(ren) they are caring for.

(b) Maintaining situational awareness of the children in care at all times. Maintaining situational awareness may include the use of analog or digital technology (including mirrors) to supplement direct observation of the children in care but may not be the sole means of observation. It also includes, but is not limited to, being:

(i) Aware of the activity a child is engaged in and being near enough to protect children from harm, meet their basic needs and respond to emergent circumstances.

(ii) Near enough to observe, respond, and anticipate reasonably foreseeable hazards and threats.

(iii) Able to summon another adult for assistance in an emergency.

(2) Not be under the influence of any substance that impairs the child care staff member's ability to supervise children and/or perform duties.

(3) Always have immediate access to a working phone on the premises which is available and capable of making outgoing calls and receiving incoming calls. A backup method of communication, including but not limited to email, text messaging services or an additional phone, is to be accessible when the primary phone is in use.

(4) Only release a child to the parent or to a person who has been previously approved by the parent.

(5) Limit children's exposure to inappropriate language, media, or behavior. This includes inappropriate actions by the following, but not limited to, non-staff adults, parents, and other children.

(6) Supervise outdoor play.

(a) The child care staff member shall remain outdoors with the children at all times.

(b) The child care staff member shall be able to summon another adult without leaving the group unsupervised.

(c) When the outdoor play space is not on the premises, child care staff members shall accompany and supervise all children in transit and at the outdoor play space.

(B) What are the requirements for supervision of school-age children?

(1) School-age children may run errands inside the building, use the restroom, or engage in a short term activity which poses no physical risk to their safety alone or in groups of no more than six children without adult supervision as long as the following conditions are met:

(a) Children are within hearing distance of a child care staff member, without the use of electronic equipment.

(b) The child care staff member checks on the children who are in kindergarten through third grade at least every five minutes until they return to the group.

(c) The child care staff member checks on the children in fourth grade or higher at least every ten minutes until they return to the group.

(d) The center has exclusive use of the child care space being used by the children.

(2) With written parent permission, school-age children may leave the center for specific activities.

(a) These activities include:

(i) Walking to and from the center or school.

(ii) Walking home or to another destination.

(iii) Participation in activities inside the building that are sponsored by another group.

(b) The written permission shall specify:

(i) Child's name.

(ii) Location of the activity.

(iii) Arrangements for going to and from the activity.

(iv) Start and end time of the activity.

(v) Time period for when permission is given.

(vi) Parent's signature and date.

(C) What are the child guidance techniques and behavior management practices to be used in the licensed child care center?

(1) All employees shall follow appendix A to this rule regarding guidance techniques to be used with children, and prohibited techniques in the appendix will not be used by any child care employee as a means to control or discipline children.

(2) The center shall communicate and consult with the parent prior to implementing a specific behavior management plan. This plan shall be in writing and signed by the parent and shall be consistent with the requirements of this rule.

(3) When a child is expelled from the center for a behavioral reason, the expulsion is to be reported in the Ohio statewide licensing system in accordance with paragraph (G) of rule 5180:2-12-16 of the Administrative Code.

(D) What are the child abuse and/or neglect reporting requirements?

The owner, administrator, employee or child care staff member who has reasonable cause to suspect that a child has been abused or neglected is to immediately make a report in accordance with section 2151.421 of the Revised Code.

View Appendix

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-20 Sleeping and napping requirements for a licensed child care center.

(A) What are the sleep and nap requirements for a child care center licensed by the Ohio department of children and youth (DCY)?

(1) The licensed child care center shall provide a quiet space for children who want to rest, nap, or sleep.

(2) Nap and rest time shall be in accordance with the developmental needs of the child.

(3) Rest or nap areas shall be lighted to allow for visual supervision of all children at all times.

(4) Any child who does not fall asleep during a designated nap time shall have the opportunity to engage in quiet activities.

(5) Evacuation routes shall not be blocked by resting or napping children. Each child shall have a free and direct means of escape, and the provider shall have a clear path to each resting child.

(6) Cribs shall be separated from the play space by a safe and sturdy physical barrier which does not impair the ability of child care staff to supervise infants by sight and hearing. Sight and hearing is when the child care staff can see the infants in and out of their cribs and hear their sounds. The barrier shall provide for safe accessibility.

(7) Ratio may be doubled for no more than two hours during nap time, and shall only be doubled if all of the children in the group are on cots or on mats, if the group does not include any infants and if there are enough child care staff members in the building to meet staff/child ratio pursuant to rule 5180:2-12-18 of the Administrative Code for the group.

(B) What are the crib requirements for a licensed child care center?

(1) Unless the infant meets the requirements of paragraph (E) of this rule, each infant in attendance shall have a separate crib labeled with their name on it that meets the following requirements:

(a) Any crib manufactured before June 28, 2011 shall have a certificate of compliance (COC) on file. The center may have to contact the manufacturer of the crib to receive a COC if they do not request one from the retailer when they purchase the crib.

(b) Cribs with a documented manufacture date after June 28, 2011 have to meet the new federal standards to be sold, so they do not require a COC. The date of manufacture shall be attached to the crib.

(c) Cribs shall be used according to manufacturer's instructions.

(d) Each crib shall be of sturdy construction and have:

(i) Closely spaced bars with corner posts that do not exceed one sixteenth of an inch above the top of the end panel.

(ii) Spaces between the bars of the crib and between the bars and end panels of the crib shall not exceed two and three-eighths inches.

(e) Cribs shall be used with the mattress supports in their lowest positions and the sides in the highest position.

(f) Each crib shall have a firm mattress that is at least one and one half inches thick.

(g) The space between the mattress and the side or end panels of the crib shall not exceed one and one-half inches.

(h) Each mattress shall be securely covered with a waterproof material which can be thoroughly sanitized and is not dangerous to children. The waterproof cover shall be free of rips or tears.

(i) Each mattress shall have a properly fitted clean sheet that is changed at least weekly, when soiled, and before another child uses the mattress.

(2) Stacked cribs are prohibited.

(3) Bumper pads shall not be used.

(4) Nothing shall be placed or hung over the side that obstructs the provider's view of the infant.

(5) Infants shall not be placed in cribs with bibs or any other items which could pose a strangulation or suffocation risk.

(6) No blankets shall be in the crib for infants under twelve months old. A one-piece sleeper or wearable blanket is permitted. Only children who are not yet able to roll-over are permitted to be swaddled using a wearable swaddling blanket.

(7) The cribs may be placed in storage on the premises if not currently assigned to an infant.

(8) Infants shall be placed in their cribs for sleeping, and shall not be allowed to sleep in bassinets, swings, car seats or other equipment. If a medical condition exists where a child needs to sleep in equipment other than a crib, written permission shall be obtained from a physician and shall be on file.

(9) Infants under twelve months old shall be placed on their backs to sleep unless the parent provides written authorization on the DCY 01235 "Sleep Position Waiver Statement for Child Care" signed by the child's physician. The DCY 01235 shall be maintained on file for review and is valid for one year. Infants who are able to roll from back to front and front to back shall be placed initially on their back for sleeping but allowed to remain in a position they prefer.

(10) Cribs assigned to a child shall not be used for storage of toys and other materials.

(C) What are the crib placement requirements for use in a licensed child care center?

Cribs used in a child care center shall be placed either:

(1) Spaced apart from each other by a minimum of two feet on all sides; or

(2) Separated by a divider. If a divider is used between cribs, the divider will meet all of the following requirements:

(a) Have at least two feet of space on two of the sides or ends of the crib. A corner wall at the end of a crib may meet this requirement as long as staff have access to the infant on one side, at a minimum.

(b) Be constructed so that staff may view children through or around the divider.

(c) Be unbreakable in normal use situations.

(d) Be made of a non-porous material that can be easily sanitized.

(e) Extends up higher than an infant standing in a crib can reach up and shall not impede child care staff members' ability to hear the child.

(D) What are the cot and mat requirements for a licensed child care center?

(1) A cot shall stand at least three inches and not more than eighteen inches off the floor. The cot shall be firm enough to support the child, but shall be resilient under pressure. Each cot shall be at least thirty-six inches in length and at least as long as the child assigned to the cot is tall.

(2) A mat is a pad that is at least one inch thick and at least as wide and long as the child using the mat.

(3) Children are only permitted to rest, nap, or sleep on a cot or mat.

(4) Centers that operate for fewer than seven hours without a scheduled nap time are not required to have a cot or mat for each preschool and school-age child.

(E) When shall children stop using cribs?

(1) When the child is able to climb out of the crib.

(2) When the child reaches the height of thirty-five inches.

(3) An infant twelve months or older may use a cot or mat with written permission from the parent.

(4) If the use of a crib is considered hazardous for a child, regardless of age, the infant may use a cot or mat with written permission from the parent.

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-21 Non-traditional care.

(A) What is non-traditional care?

Non-traditional care means care for children in evening and overnight settings or care provided through mobile preschools operating as part of a licensed child care center.

(B) When is a licensed child care center considered to be providing evening and overnight care?

For the purposes of this rule:

(1) Evening care is provided when children are in attendance anytime between the hours of seven p.m. and midnight.

(2) Overnight care is provided when children are in attendance anytime between the hours of seven p.m. and six a.m.

(C) What are the requirements for all centers providing evening and overnight care?

Centers providing evening and overnight care are to ensure that:

(1) Child care staff members remain awake at all times.

(2) Adequate lighting is provided indoors in all areas, including bathrooms, hallways, and sleeping rooms to ensure that child care staff members are able to see all children at all times.

(3) Parking areas, outdoor walkways, and all building entrances be adequately lighted for safety and security.

(D) What are the requirements when evening and overnight care is provided where children are preparing for bedtime and/or sleeping at the center?

If a licensed child care center provides evening or overnight care, when children are preparing for bedtime and/or sleeping at the center, the center is to ensure the following:

(1) The center is to develop and follow bedtime routines in consultation with the parents of the children.

(2) The center is to provide sleeping arrangements so that sleeping children are cared for separately from children who are awake, so that sleeping children are not disturbed by arrivals and departures.

(3) The center is to ensure areas where children sleep during evening and overnight care are on the building's ground floor unless another floor has been approved for the care of sleeping children by the local fire official having jurisdiction.

(E) What sanitary environment and additional hygiene stipulations are to be followed by the center when children are preparing for bedtime and/or sleeping at the center?

The center will:

(1) Ensure that each child who sleeps at the center for four or more hours has clean comfortable sleeping clothes.

(2) Ensure that child care staff members assist children during washing and changing clothes according to children's developmental needs.

(3) Separate school-age boys from school-age girls during washing and while changing clothes to ensure privacy.

(4) If the child has a bedtime routine occurring at the center, ensure that each child has a clean, individual washcloth, towel and toothbrush, as appropriate for the age of the child, and labeled with the child's name.

(5) Provide children access to running water, liquid soap and toothpaste.

(6) Ensure bathtubs and showers are equipped to prevent slipping, if the center provides bathing. The center is to also have written permission from the parent prior to allowing the child to bathe.

(7) Ensure bathtubs and showers are cleaned and sanitized after each use. The tub or showers do not have to be sanitized between uses if the children are siblings and the parent has provided written consent. All children are to bathe separately unless the children are siblings and the parent has provided written consent that the children can be bathed together.

(F) What is a mobile preschool?

"Mobile preschool" means a part-time preschool unit operated by a licensed child care center with a movable classroom that uses no permanent building on a regular basis. A mobile preschool can enroll preschool children, as defined in rule 5180:2-12-01 of the Administrative Code. For purposes of mobile preschool, a child who is eligible for but not yet attending kindergarten may be considered a preschool age child.

(G) What are the facility requirements for a center operating a mobile preschool?

Centers are to ensure that a mobile preschool vehicle or mobile unit meets the following facility requirements in addition to applicable child care center requirements in Chapter 5180:2-12 of the Administrative Code:

(1) Vehicles approved for use in mobile preschools are class C recreational vehicles or class C motorhomes. The class C vehicle is to contain a minimum of one restroom with a toilet and a sink.

(2) Mobile preschool vehicles are to be approved by the Ohio department of children and youth (DCY) before use and are to comply with ongoing vehicle inspection requirements found in rule 5180:2-12-14 of the Administrative Code.

(3) There is to be a minimum of fifteen square feet per child in the mobile classroom. Usable floor space means wall-to-wall indoor floor space for the exclusive use of children. This does not include the driver's area of the recreational vehicle, which is to be off-limits to children at all times.

(4) The center is to ensure that the mobile preschool vehicle is to:

(a) Be parked on a level surface and secured with wheel chocks on both sides of at least one axle prior to children arriving for care. Wheel chocks should be the appropriate size and made of suitable material to securely hold the vehicle in place.

(b) Have two means of emergency egress.

(c) Be capable of providing heating and air conditioning.

(d) Obtain and maintain an appropriate food service license.

(H) What are the staffing and supervision requirements for a center operating a mobile preschool?

Centers are to ensure that a mobile preschool unit meets the following staffing and supervision requirements in addition to applicable child care center requirements in Chapter 5180:2-12 of the Administrative Code. The center operating a mobile preschool is to ensure that:

(1) No more than eight children are in attendance at any given time in each mobile preschool. Mobile preschool units will have their own licensed capacity which is included in the total capacity of the licensed child care center.

(2) At least two qualified child care staff members are present on-site during operating hours.

(3) Each preschool class session is not to exceed four hours.

(4) A qualified administrator is available at the center and responsible for the mobile preschool during the mobile unit's operating hours. An administrator can oversee multiple mobile preschool units under the same child care center license.

(5) The driver of the mobile preschool complies with all driver requirements found in rule 5180:2-12-14 of the Administrative Code.

(6) Children are directly supervised when entering and exiting the mobile preschool.

(I) What are the safety and emergency preparedness requirements for a center operating a mobile preschool?

Centers are to ensure that a mobile preschool meets the following safety and emergency preparedness requirements in addition to applicable child care center requirements in Chapter 5180:2-12 of the Administrative Code. The center operating a mobile preschool is to ensure that:

(1) Written stop location schedules are to be provided to parents and DCY. Any changes to the mobile preschool parking location are to be communicated to parents and submitted to DCY thirty days in advance through the Ohio statewide licensing system.

(2) The center is to have a DCY approved plan for:

(a) Child records, including recording attendance and maintaining enrollment information in accordance with rule 5180:2-12-15 of the Administrative Code.

(b) Health care plans and administration of medication procedures in accordance with rules 5180:2-12-16 and 5180:2-12-25 of the Administrative Code.

(c) Always-available communication with the licensed child care center administrator or their designee during hours of operation.

(d) Emergency preparedness and response plan (EPRP), including evacuation and location for reunification with parents, for fire, severe weather, security threats and unexpected incidents.

(e) Transporting children to and from the mobile unit, in the case of an emergency.

(f) Vehicle breakdowns and cancellation policy or location within the center for children to attend when mobile unit is not available.

(g) Unexpected care incidents including, but not limited to, parent failure to pick up a child or staff illness during preschool time.

(h) Conducting monthly drills for fire evacuation, severe weather response, stranger danger scenarios, and security threats.

(J) What are the safe and sanitary environment and additional hygiene stipulations that are to be followed by the center operating a mobile preschool?

Centers are to ensure that a mobile preschool unit follows child care center requirements for a safe and sanitary environment outlined in Chapter 5180:2-12 of the Administrative Code. In addition, the center operating a mobile preschool is to ensure:

(1) The mobile preschool vehicle is not to move while children are in attendance.

(2) Children are not exposed to carbon monoxide emissions.

(3) An indoor temperature of at least sixty-five degrees Fahrenheit. If indoor temperature exceeds eighty-five degrees Fahrenheit, ventilation that produces air movement or air conditioning is to be provided.

Last updated July 1, 2026 at 8:34 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-22 Meal preparation/nutritional requirements for a licensed child care center.

(A) What are the requirements for meals and snacks in a licensed child care center?

The center is to:

(1) Offer varied, nutritious, and appropriately timed meals and snacks.

(2) Offer food from the five basic food groups: protein, grain, fruit, vegetable, and dairy according to the following:

(a) Meals consist of food from each of the five basic food groups.

(b) Breakfast consists of food from three of the five basic food groups.

(c) Snack consists of food from two of the five basic food groups.

(3) Offer food that is not a choking hazard, and that is developmentally appropriate in size, amount and texture.

(4) Provide meals and snacks according to the posted current weekly menu, and spaced no more than four hours apart.

(a) The menus shall be posted in a visible place readily accessible to parents.

(b) The menus shall include all meals and snacks being served by the center, any substitutions shall be noted at the time of the change.

(5) Offer milk based on parental preference.

(6) Offer only one hundred per cent, undiluted fruit or vegetable juice, if used to meet the fruit or vegetable requirement for meals and snacks. Other fruit or vegetable juice is permitted as a beverage alternative.

(7) Offer food to ensure that no child goes more than four hours without at least a meal, except when sleeping.

(8) Obtain a physician's written instructions if administering a medical food to any child or if an entire food group is eliminated. When special diets are required for cultural or religious reasons, the center shall obtain written, dated and signed instructions from the child's parent unless the special diet is part of a center program.

(9) Set its own policy regarding the accommodation of a parent's alternate diet for a child when the center provides the meal.

(10) Provide for the safe storage of all food, including milk (formula and breast milk for infants). If safe storage of milk is not available on routine trips or field trips, milk may be served at snack time instead of at the meal.

(11) Have provisions for safe storage of parent provided food.

(12) Have drinking water freely available to children. If drinking fountains are used, there shall be sufficient water pressure so that the child's mouth does not come in contact with the water dispensing mechanism. Individual bottles of water are to be labeled with each child's name.

(13) Ensure that individual servings or individual packages of food or drink that have been served to a child are discarded or sent home with the child if not consumed during meal or snack time. Food or drink that is individually packaged and the package has not been opened may be stored at the center to be served again or sent home.

(14) Not have screens (television, computer, etc.) on during meals and snacks.

(B) What requirements shall a center implement for safe, independent self-feeding?

The center shall ensure that:

(1) Food is not served on bare tables. Food for infants may be placed directly on an individual highchair tray if the tray is removed, washed, and sanitized.

(2) Eating utensils and dishes are suitable for the age and developmental level of the children.

Last updated July 1, 2026 at 8:29 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-23 Infant care and diaper care for a licensed child care center.

(A) What are the requirements for infant daily care?

(1) The center shall:

(a) Allow infants to safely and comfortably sit, crawl, toddle, walk and play according to the infant's stage of development.

(b) Remove each infant from the crib, swing, infant seat, exercise seat or other equipment throughout the day for individual attention.

(c) Provide each non-crawling infant the opportunity for tummy time, outside of their crib, each day.

(d) Maintain a daily written record for each infant that is provided to the infant's parent or person picking up the infant on a daily basis. The record shall include the following information:

(i) Food intake.

(ii) Sleeping patterns.

(iii) Times and results of diaper changes.

(iv) Information about daily activities.

(2) Each infant shall be removed from his or her crib for all feedings. Infants shall be held or fed sitting up for bottled feedings. At no time shall a bottle be propped for an infant.

(B) What are the requirements for infant bottle and food preparation?

The center shall:

(1) Prepare and serve infant food in a manner appropriate to the developmental needs of each child. The center shall introduce new foods only after consultation with the parent. The center shall comply with written feeding instructions from the infant's parent, physician, physician's assistant, or certified nurse practitioner (CNP) which shall include the following:

(a) Type of food and/or formula/breast milk.

(b) Amount of food and/or formula/breast milk.

(c) Feeding times or frequency of feedings.

(2) Require the parent to update the written feeding instructions as needed.

(3) Not feed any foods, other than formula or breast milk, to infants under four months of age, unless there is written documentation on file from a physician, physician's assistant or CNP.

(4) Ensure that formula, breast milk, or other liquids in a bottle are not heated in a microwave oven.

(a) If formula or breast milk is to be warmed, bottles shall be placed in a container of water not hotter than one hundred twenty degrees or be placed in a commercial bottle warmer. The container of water shall be kept out of reach of children and shall be emptied and cleaned each day. The bottle shall be shaken well, and the formula or breast milk temperature tested before feeding.

(b) Frozen breast milk shall be thawed under cold running water or in the refrigerator.

(5) Ensure that the unused portion of formula, breast milk or food remaining in a container from which the infant has been directly fed shall not be reheated or served again.

(6) If provider prepares infant formula they shall do so according to the manufacturer's instructions or instructions from the infant's physician, physician's assistant or CNP.

(7) Ensure that open containers of ready-to-feed and concentrated formula shall be covered, dated and refrigerated according to the manufacturer's instructions. Prepared formula and food shall be discarded or sent home daily if not used.

(8) Label all bottles or prepared food with the infant's name and date of preparation. All formula shall be refrigerated immediately after preparation or upon arrival if the formula is prepared by the parent. All commercially prepared food shall be stored according to the manufacturer's instructions and not served after the expiration date.

(9) Ensure that if breast milk is provided by the parent, it shall be labeled with the infant's name, the date pumped, and the date the bottle was prepared. Centers shall follow the chart in appendix A to this rule for storing breast milk.

(C) What are the requirements for diapering?

(1) Diapers shall be changed immediately when wet or soiled.

(2) Clothing shall be changed immediately when wet or soiled.

(3) When changing diapers the center is to comply with the following:

(a) The center shall wash all soiled areas of the child's body with either a wash cloth, which is then appropriately sanitized, or a disposable wipe.

(b) If a diaper-changing surface is used to change more than one child, the provider shall place a disposable separation material between the child and the changing surface. A different separation material shall be used for each diaper change.

(c) If a diapering product is used on more than one child:

(i) The container shall not touch the child to avoid cross contamination.

(ii) The product shall be administered to avoid cross contamination.

(d) No child shall be left unattended on the diaper changing table.

(e) If restrooms are used for diapering, children who are waiting for toileting and diapering shall not be placed or required to sit directly on the floor.

(f) If using gloves while diapering, the center is to use non-latex gloves.

(4) The center shall store and launder soiled diapers or clothing as follows:

(a) If soiled diapers or clothing are to be sent home with a parent, the center shall store the diapers or clothing for no longer than one day in an individual covered container or plastic bag away from the child's belongings and out of the reach of children.

(b) The center shall store soiled diapers and diapering washcloths, which are to be laundered by the center, in a covered container with sanitizing solution.

(c) If soiled diapers are to be commercially laundered, the center shall hold them for laundering pickup for no longer than seven days.

(d) The center shall store soiled disposable diapers in a plastic-lined covered container that prevents hand contamination and is not easily accessible to children and discard diapers daily or more frequently as needed to eliminate odor.

(e) If the center is laundering diapers, the center shall follow the manufacturer's guidelines.

(5) Toilet training shall occur based on a child's readiness and consultation with the parent regarding practices in the child's home. The center shall ensure that toilet training is never forced.

View Appendix

Last updated January 23, 2026 at 4:35 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-24 Swimming and water safety requirements for a licensed child care center.

(A) What are the requirements for swimming sites for a licensed child care center?

(1) All swimming sites shall meet all state and local guidelines for environmental health inspections. Inspection reports for on-site and private pools shall be on file at the center.

(2) A center shall have one lifeguard present for every thirty-five children when children are involved in a water activity for on-site or private pools over eighteen inches in depth.

(3) Activities in bodies of water eighteen inches or more in depth shall be supervised by people who are currently certified as lifeguards or water safety instructors by the "American Red Cross" or an equivalent water safety program, as determined by the Ohio department of job and family services (ODJFS). If the lifeguard is a child care staff member, they shall not be counted as a child care staff member in the staff/child ratio.

(4) Child care staff members shall be actively supervising children pursuant to rule 5101:2-12-19 of the Administrative Code and shall be able to clearly see all parts of the swimming area including the bottom of pools.

(5) The use of saunas, hot tubs, and spas by children is prohibited.

(6) Swimming in lakes, rivers, ponds, creeks or other similar bodies of water is prohibited.

(7) Swimming pools, wading pools and other swimming/wading sites shall be made inaccessible to the children when not in use.

(8) A center may use wading pools less than eighteen inches in wall height regardless of the amount of water put into it.

(a) Wading pools shall be filtered or emptied daily, and portable wading pools shall be sanitized daily or more often if needed.

(b) The child care staff member shall supervise children at all times while a wading pool is in use and shall be able to clearly see all parts of the wading area.

(B) What are the requirements for parental permission for water and swimming activities?

(1) A center shall have written permission from the parent when water is directly accessible to children and for the following activities:

(a) Before the child swims or plays in water eighteen inches or more in depth.

(b) Before the child participates in activities in or on water eighteen inches or more in depth.

(c) Before infants and toddlers use wading pools.

(2) Written parental permission shall be on file for one year at the center. Written permission for on-going activities such as the wading pools shall be updated annually.

(C) What shall be included in the written parental permission?

(1) Child's name and date of birth.

(2) Statement indicating whether the child is a non-swimmer or capable of swimming.

(3) Location of the water activities or swimming site by water of eighteen or more inches in depth.

(4) A statement of whether or not the center is providing additional adults or child care staff members above the licensing ratio requirements for this activity.

(5) A signature and date from the parent indicating permission for the activity.

Last updated January 23, 2026 at 4:35 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-12-25 Medication administration.

(A) What are the requirements for a center to administer medication to a child?

(1) Written permission from a parent is needed for the child care center to administer the following to a child:

(a) All prescription medication.

(b) All non-prescription medication.

(c) All sample medication.

(d) All medical foods.

(e) Topical products and lotions. Written parental permission is not required for lip balm use or for using hand sanitizer with children older than twenty-four months.

(2) A record of medication(s) and medical food(s) administered is to be kept for each child containing:

(a) Name of child.

(b) Name of medication and dosage.

(c) Date and time administered.

(d) Signature of the staff member that administered the medication.

(e) A record of medication administered is not required for non-prescription topical products and lotions.

(3) The Ohio department of children and youth (DCY) 01236 "Health Care Plan Documentation & Permission to Administer Medication" may be used to document medication administration.

(B) Who can provide instructions for administering medications or medical foods?

Instructions for administration are needed from the following individuals, depending on the type of medication or medical food:

(1) Instructions from a licensed dentist, licensed physician, physician assistant (PA), or advanced practice registered nurse (APRN) are required for administering:

(a) Medical foods.

(b) Prescription medications, including samples.

(c) Non-prescription medicines containing aspirin.

(d) Topical preventative products and lotions or non-prescription medications, when the instructions for use exceed or do not match the manufacturer's instructions or are not stored in original container.

(e) Instructions are not required if the prescription medication is stored in the original container with prescription label that includes the child's full name, exact dosage, and directions for use.

(2) Instructions from the child's parent are needed when:

(a) Following manufacturer's instructions to administer topical preventative products and lotions.

(b) The non-prescription medication is stored in the original container and used following manufacturer's instructions.

(3) Acceptable documentation formats for all instructions the center utilizes to meet this rule include information provided on, but not limited to, DCY forms, electronic patient chart systems, physician or hospital discharge instructions.

(C) What are the additional requirements for administering medications or medical foods?

When administering medications or medical foods, the center is to:

(1) Not administer any medication, medical food, or topical product until after the child has received the first dose or application at least once prior to the center administering a dose or applying the product, to avoid unexpected reactions. Emergency medications for the child are exempt from this requirement.

(2) Not administer any medication, medical food or topical product for any period of time beyond the date indicated by the licensed dentist, licensed physician, PA, or APRN or as directed on the manufacturer's instructions.

(3) Apply non-prescription topical products and lotions according to the manufacturer's instructions.

(4) Document each administration or application immediately after administering, including when school-age children administer their own medication, if the center policy allows. This excludes non-prescription topical products and lotions.

(5) Follow prescribed dosages or the manufacturer's recommended dosages for administering non-prescription medication.

(6) Complete a separate documentation for each medication to be administered for each child, excluding the exempted items in paragraph (A)(2)(e) of this rule. Written permission is valid for the time period specified on the permission, not to exceed twelve months from the date of signature.

(D) What are the requirements for storing medication, topical products and medical foods in a licensed child care center?

The center is to:

(1) Safely store all medication, medical foods, and topical products immediately upon arrival at the center. Ensure the medication, medical food, or topical product is stored per the requirements on the label in the original container with the child's name affixed. Non-prescription medications and topical products are to have a manufacturer's label containing directions based on the age and/or weight of the child.

(2) Keep medication, medical foods, and topical products out of the reach of children, unless a school-age child is permitted to carry their own emergency medication and documentation is completed and on file at the center. If a school-age child is permitted to carry their own emergency medication, it is to be carried on their person or stored away from children in a location that only that child and child care staff members can access.

(3) Refrigerate, in a separate container, medications, medical foods, or topical products immediately upon arrival at the center if needed.

(4) Ensure that medications, medical foods, and topical products are accessible to employees at all times.

(5) Ensure that medications, medical foods, and topical products are removed from the center when no longer needed. Medication is to be discarded when expired, unless documentation is provided by a physician for continued use.

Last updated July 1, 2026 at 8:30 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Chapter 5180:2-13 Licensing Family Care Homes

Ohio Adm.Code 5180:2-13-01 Definitions for licensed family child care.

As used in this chapter:

(A) "Administrator" means the person or people responsible for the daily operation of the type A family child care home. The administrator and the owner may be the same person. All administrators are residents of the family child care home.

(B) "Adult" means an individual who is at least eighteen years of age.

(C) "Advanced practice registered nurse (APRN)" means a certified registered nurse anesthetist, clinical nurse specialist, certified nurse midwife or certified nurse practitioner (CNP) under Chapter 4723. of the Revised Code.

(D) "Authorized representative" means an individual employed by a type A home, that is owned by a person other than an individual and who is authorized by the owner to do all of the following:

(1) Communicate on the owner's behalf.

(2) Submit on the owner's behalf applications for licensure or approval.

(3) Enter into on the owner's behalf provider agreements for publicly funded child care.

(E) "Career pathways model" means an alternative pathway to meeting the requirements for a child care staff member or administrator that uses an approved framework to document formal education, training, experience, specialized credentials and certifications. This allows the child care staff member or administrator to achieve a designation as an early childhood professional level one, two, three, four, five, or six.

(F) "Child" means an infant, toddler, preschool child or school-age child.

(G) "Child care" per section 5104.01 of the Revised Code means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children and school-age children outside of school hours.

(2) By persons other than their parents, guardians, or custodians.

(3) For part of the twenty-four-hour day.

(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home.

(5) By a provider required by Chapter 5104. of the Revised Code to be licensed or approved by the Ohio department of children and youth (DCY), certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104.32 of the Revised Code.

(H) "Child care staff member" means an employee of the family child care provider whose primary responsibility is to provide care and supervision of children. Only a child care staff member may be part of the staff-to-child ratio. A substitute child care staff member may replace a child care staff member on a temporary basis. For the purposes of this chapter, child care staff members include substitute child care staff members and high school students and graduates under eighteen years of age working as child care staff members. The administrator, authorized representative, or owner may be a child care staff member when not involved in other duties.

(I) "Corrective action plan" describes the action taken by the program to correct a licensing non-compliance. This plan does not confirm the program is in compliance with the rule, or negate the non-compliance finding. Corrective action plans are submitted in the Ohio statewide licensing system and are to be completed in their entirety to be approved.

(J) "Delinquent child" means the same as in section 2152.02 of the Revised Code.

(K) "Dentist" means a person issued a certificate to practice in accordance with Chapter 4715. of the Revised Code and rules adopted by the state dental board or a comparable body in another state.

(L) "Developmentally appropriate" means curriculum, instruction, environments, and age-appropriate activities that reflect the cognitive, social, and emotional level of the learner and includes the unique abilities or characteristics of a learner or group of learners including learners with disabilities, unique ethnic and/or cultural characteristics, and unique life experiences.

(M) "Employee" means an individual who receives compensation for duties performed in a licensed family child care home; or who is assigned specific working hours or duties in a licensed family child care home. This includes contracted employees or self-employed individuals who are compensated by the provider and who have unsupervised access to children in the home.

(N) "Family child care provider" is a DCY licensed type A home provider or a DCY licensed type B home provider.

(O) "Field trips" means infrequent or irregularly scheduled excursions from the licensed family child care home.

(P) "Infant" means a child who is under eighteen months of age.

(Q) "License capacity" is the maximum number of children who may be cared for in a family child care home at any one time. License capacity is indicated on the license. License capacity is not the same as the total number of children enrolled in the home or attending the home on any given day. Children away from the home on a field trip or a special outing, and under the supervision of a child care staff member, are included in the count for license capacity.

(R) "Medical food" means food that is formulated to be consumed under the supervision of a physician, physician assistant (PA), advanced practice registered nurse (APRN), or licensed dentist and which is intended for the specific dietary management of a disease or condition.

(S) "Medication" means any substance or preparation of a substance which is used to prevent or treat a wound, injury, infection, infirmity, or disease. This includes medication that is over the counter, or prescribed or recommended by a physician, physician assistant (PA), or advance practice registered nurse (APRN) certified to prescribe medication, or licensed dentist and permitted by the parent for administration or application.

(T) "Moderate risk non-compliance" means a licensure rule violation that has the potential to lead to an increased risk of harm to, or death of a child, and is observable and/or based on facts.

(U) "Ohio professional registry" (OPR) is an online professional development tool for Ohio's child care professionals.

(V) "Ohio statewide licensing system" is the DCY system for child care licensing and step up to quality functions and activities.

(W) "Owner" includes a person, as defined in section 1.59 of the Revised Code, or government entity.

(X) "Parent" means the father or mother of a child, an adult who has legal custody of a child, an adult who is the guardian of a child, or an adult who stands in loco parentis with respect to a child, and whose presence in the home is needed as the caretaker of the child. Parent has the same meaning as "caretaker parent" as defined in section 5104.01 of the Revised Code.

(Y) "Physician" means a person issued a certificate to practice in accordance with Chapter 4731. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(Z) "Physician assistant (PA)" means a person who has obtained a valid certificate to practice in accordance with Chapter 4730. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(AA) "Preschool child" means a child who is three years old or older but is not a school-age child.

(BB) "Provider" means the person responsible for the daily operation of the family child care home. The provider and the owner of the family child care home are the same person and the family child care home is the permanent residence. If the owner of the family child care program is a corporation, the agent(s) of the corporation includes the provider. For a type A home, the provider may also be the named administrator.

(CC) "Public children services agency (PCSA)" means an entity specified in section 5153.02 of the Revised Code that has assumed the powers and duties of the children services function prescribed by Chapter 5153. of the Revised Code for a county.

(DD) "Related to the provider" means any of the following persons when determining group size in a family child care home: grandchildren, daughters, sons, step daughters, step sons, sisters, brothers, step sisters, step brothers, nieces, nephews, half brothers, half sisters, or first cousins who are related to the provider by blood, marriage or adoption. Children receiving foster care from the provider are not considered to be related to the provider.

(EE) "Resident" means a person who lives in the family child care home for more than ten consecutive calendar days and is included in the household composition.

(FF) "Routine trips" means repeated excursions off the premises of the home which regularly occur on a previously scheduled basis and that parents have been made aware of the destinations of the trip.

(GG) "School-age child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above, but who is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old.

(HH) "Serious risk non-compliance" means a licensure rule violation that has the potential to lead to a great risk of harm to, or death of, a child and is observable and/or based on facts.

(II) "Special needs child care" refers to care provided for a child under the age of eighteen who:

(1) Has one or more chronic (ongoing) health conditions; or

(2) Requires additional support due to severe developmental differences in one or more of the following areas:

(a) Social development.

(b) Emotional development.

(c) Cognitive development.

(d) Communication skills.

(e) Perception skills.

(f) Perception and sensory processing.

(g) Motor skills.

(h) Physical health or mobility.

(i) Behavioral development.

(3) These needs require regular and ongoing adaptations and/or daily specialized support to support their child's development. As a result, the level of care needed is significantly increased and leads to ongoing additional expenses for the child care program.

(JJ) "Specialized foster home" means a medically fragile foster home or a treatment foster home.

(KK) "Supervision" means the process of overseeing the care of children in a licensed family child care home and includes the duty to keep children safe from harm.

(LL) "Toddler" means a child who is at least eighteen months of age but less than three years of age.

(MM) "Treatment foster care" means foster caregiver-based treatment services for children whose special or exceptional needs cannot be met in their own homes. Treatment foster care focuses on providing rehabilitative services to children with special or exceptional needs and their families with the primary location of treatment being in the treatment foster home.

(NN) "Type A home" means the permanent residence of the provider in which child care is provided for eight to fourteen children at one time.

(OO) "Type B home" means the permanent residence of the provider in which child care is provided for one to seven children at one time.

(PP) "Visitor" means an individual who is not considered an employee but may be temporarily present in the program. A visitor does not have assigned duties, is not used in ratio, or left alone with children.

(QQ) "Voluntary temporary closure" means the program requests to stop serving children, but not close the license. A voluntary temporary closure shall not exceed twelve months.

(RR) "Volunteer" means an individual who is not considered an employee. A volunteer may have duties but is not compensated, not counted in ratio and is not left alone with children.

Last updated July 1, 2026 at 8:38 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-02 Application and amendments for a family child care provider license.

(A) What is the application process to establish or operate a licensed family child care home?

A resident of Ohio who wishes to become a licensed family child care provider is to:

(1) Complete a professional registry profile for the family child care applicant through the Ohio professional registry (OPR).

(2) Register online through the OPR and complete the required family child care prelicensing training. The prelicensing training shall have been taken within the five years prior to application for a license.

(3) Complete an application online in the Ohio statewide licensing system and submit the fee of twenty-five dollars to the Ohio department of children and youth (DCY).

(a) The application fee submitted with an application is nonrefundable and shall not be credited or transferred to any other application.

(b) The application is considered filed with DCY as of the date it is received electronically and the payment has cleared.

(c) The application will be deleted from the system after one hundred twenty days if the fee payment is not received.

(d) Any application submitted without complete and accurate information will need to be amended with complete and accurate information before being licensed.

(e) The application will be deleted and the fee forfeited if the home is not ready to be licensed after twelve months.

(4) Notify in the Ohio statewide licensing system if the provider wants to voluntarily withdraw the application. This results in a forfeiture of the application fee.

(B) What additional items shall be submitted during the application process?

At the time of application provide the following to DCY:

(1) Verification that a background check has been requested for each individual required to undergo a background check pursuant to rule 5180:2-13-09 of the Administrative Code.

(2) Verification of completion of a high school education pursuant to rule 5180:2-13-07 of the Administrative Code.

(3) A detailed and labeled site plan of the space proposed to be used to care for children that includes an indoor floor plan and an outdoor play space diagram (if the outdoor play space is on-site).

(4) Documentation of a building inspection pursuant to rule 5180:2-13-04 of the Administrative Code, for type A home providers.

(5) Documentation of a fire inspection pursuant to rule 5180:2-13-04 of the Administrative Code, for type A home providers.

(6) Written zoning approval, for type A home providers.

(7) Articles of incorporation, if applicable, for type A home providers.

(C) Will the license capacity be the maximum allowable for a newly issued license?

Unless otherwise requested by the licensee, local certified building department, the Ohio department of commerce, state fire marshal or local fire safety inspector, the license capacity will be the maximum allowable.

(D) Does the family child care provider license need to be visible?

The license is to be visible to parents at all times.

(E) Can a family child care license be issued to an address that is currently licensed?

(1) Only one family child care provider license shall be issued for each address.

(2) A family child care provider license shall not be issued to any address that is currently licensed as a child care center.

(F) Can someone be both a licensed family child care provider and be certified to provide foster care pursuant to Chapter 5103. of the Revised Code?

(1) A licensed type A provider shall not be certified to provide foster care.

(2) A licensed type B provider may be certified for foster care but shall not be certified as a specialized or treatment foster care home pursuant to Chapter 5103. of the Revised Code. A licensed type B provider who was initially certified as a type B provider prior to August 14, 2008 with no break in certification or licensure is exempt from this requirement.

(G) Will the license be a continuous license?

The license shall be a continuous license unless:

(1) The family child care provider is in the provisional period pursuant to rule 5180:2-13-06 of the Administrative Code.

(2) The family child care provider moves to a new address and does not propose a change of location amendment pursuant to paragraph (H) of this rule.

(3) The owner of the type A home program, which can be a corporation or partnership, changes. This includes if the corporation or partnership no longer exists.

(4) The family child care provider voluntarily surrenders the license by notifying the county agency in the Ohio statewide licensing system.

(5) It is revoked pursuant to rule 5180:2-13-05 of the Administrative Code.

(H) What is the process to change or amend a license?

(1) The provider shall submit a request and all applicable documents in the Ohio statewide licensing system.

(2) What information can be amended on an existing license?

(a) License capacity.

(b) Change of location of the program.

(3) What is the timeline for requesting an amendment?

(a) For a change in capacity, the provider shall request and be approved for the amendment prior to serving additional children. This includes submitting all corrective action plans required pursuant to rule 5180:2-13-03 of the Administrative Code.

(b) For a change in location, the provider shall request the amendment at least thirty days prior to the last day at the current location. Failure to request within thirty days may result in a gap of care. Care shall not begin until the license has been transferred to the new location.

(4) Can a family child care home request a change in administrator?

Only a type A home provider may change an administrator if all of the following are met:

(a) If the owner of the type A home program is a corporation, the agent(s) of the corporation is to include the provider.

(b) The proposed administrator is a resident of the home and agent of the corporation and meets the requirements of a provider pursuant to rule 5180:2-13-07 of the Administrative Code.

(c) The provider submits a request and all applicable documents to the county agency in the Ohio statewide licensing system.

(5) What are the requirements if a family child care provider wants to permanently move to a different location?

The provider is to:

(a) Comply with paragraph (H)(3)(b) of this rule.

(b) Submit a fee of twenty-five dollars in the Ohio statewide licensing system thirty days prior to the proposed move.

(c) Comply with an inspection at the new location and any applicable determinations of license capacity for the new location.

(d) Cease child care operation at the original location at the time the license is issued for the new address.

(i) If care ceases at the old location before the new location is ready to be licensed, the program may be temporarily closed pursuant to paragraph (J) of this rule.

(ii) If the new location is unable to be licensed within ninety days after the request, the request for amendment will be closed which results in forfeiture of the application fee.

(e) A detailed and labeled site plan of the space proposed to be used to care for children that includes an indoor floor plan and an outdoor play space diagram (if the outdoor play space is on-site).

(f) Submit the following additional documents prior to licensure at the new location, for type A family child care homes:

(i) Documentation of a building inspection pursuant to rule 5180:2-13-04 of the Administrative Code.

(ii) Documentation of a fire inspection pursuant to rule 5180:2-13-04 of the Administrative Code.

(iii) Written zoning approval.

(6) What are the requirements if a family child care provider needs to temporarily provide care in a different location?

(a) If the family child care provider is temporarily unable to provide care in the licensed location because the physical location has been deemed unsafe for care of children by the building department, fire department, local health department or local law enforcement, the provider may request to temporarily provide care in a new location.

(i) The family child care provider shall send a written request to the county agency and comply with an inspection of the temporary location prior to providing care at the temporary location.

(ii) The written request shall include written documentation from the government agency that deemed the location to be unsafe for care of children and shall include the plan and timeline for addressing the needs of the licensed location.

(iii) Prior to resuming care at the licensed location, the family child care provider shall provide written approval to the county agency from the government agency that has deemed the location safe to resume care of children.

(b) If the family child care provider is unable to return to the licensed location within one hundred eighty days, the provider shall notify DCY thirty days prior to the end of one hundred eighty days and follow the process for a permanent change of location pursuant to paragraph (H)(5) of this rule. There are no extensions for a temporary change of location.

(I) When shall an initial application and fee be required from a type A home provider?

An initial application and fee are required for any change in ownership which is defined as a sale of a child care program in its entirety or a transfer of control and administration by the owner(s) of a child care program to a new controlling entity.

(J) How shall a family child care provider request a voluntary temporary closure/inactive status for a licensed family child care home?

(1) The provider shall request the temporary closure status in the Ohio statewide licensing system. The program license will then be considered "inactive" in the system.

(2) The temporary closure/inactive status shall not exceed twelve months.

(3) The provider shall not serve any children during the temporary closure status.

(4) If the family child care home is closed for at least six months, the provider shall comply with an inspection prior to the end of the temporary closure/inactive status and prior to serving children again.

(5) If at the end of the twelve months, the family child care provider has not requested in the Ohio statewide licensing system to reinstate the license or is not able to be re-opened, DCY may close the license without hearing rights in accordance with the requirements of Chapter 119. of the Revised Code.

(K) What information will the provider keep current in the Ohio statewide licensing system?

(1) Mailing address.

(2) Phone number.

(3) Email address.

(4) Days and hours of operation.

(5) Services offered.

(6) Name of program, if applicable.

(7) Ohio secretary of state entity number, if applicable.

(8) Private pay rates.

(9) Adjudicated a delinquent child statement, if applicable.

(L) What if an individual listed in the Ohio statewide licensing system as a legal business owner (as defined in section 5104.03 of the Revised Code) changes?

The provider shall log into the Ohio statewide licensing system to complete and submit the information within thirty days of the change, for type A homes only.

(M) What is the county agency's responsibility for the application and issuance of a license for a family child care provider?

The county agency is to:

(1) Begin to review documents submitted as part of the application within ten business days of receiving the documents in the Ohio statewide licensing system.

(2) Recommend the application for approval or denial to DCY within ninety days of receiving a completed application. The completed application includes all of the requirements indicated in this rule with the exception of the completed background check pursuant to rule 5180:2-13-09 of the Administrative Code. The completed application also indicates that the provider is ready for the prelicensing inspection.

(3) Complete the prelicensing inspection within ten business days after the application is complete and all documents have been approved.

(4) Recommend the approval or denial of the request for change of location, move to a temporary location or a voluntary temporary closure status to DCY within five business days of receiving the request and all required written documentation.

(5) Provide the applicant with the DCY 08087 "Ohio Communicable Disease Chart" when a recommendation is made to DCY to license the applicant.

(6) Request from the current county agency any documentation not captured in the Ohio statewide licensing system within ten business days if a provider proposes a change of location into the county.

(7) Provide the new county agency with any documentation not captured in the Ohio statewide licensing system within ten business days if a provider proposes a change of location to another county.

Last updated July 1, 2026 at 8:38 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-03 Compliance inspection and complaint investigation of a licensed family child care provider.

(A) What compliance inspections are required for family child care providers?

(1) At least one inspection prior to the initial issuance of a provisional license.

(2) At least two inspections during the provisional period.

(3) At least one inspection in each half of the state fiscal year after the issuance of the continuous license. Compliance inspections completed in the state fiscal year pursuant to paragraph (A)(2) of this rule meet this requirement.

(4) Any complaint investigations regarding the licensed family child care provider.

(5) At least one inspection will be unannounced.

(B) What is required of a licensed family child care provider for an inspection and/or complaint investigation?

The family child care provider shall allow the county agency and the Ohio department of children and youth (DCY) to:

(1) Complete an inspection of all areas of the family child care home where child care is provided, children have access to, and all areas used to verify compliance with Chapter 5180:2-13 of the Administrative Code and Chapter 5104. of the Revised Code.

(2) Review required records and documentation.

(3) Interview or take statements from anyone pertinent to the investigation which may include any of the following:

(a) Building officials, fire department inspectors, sanitarians, public health or other state or local officials.

(b) Neighbors.

(c) Parents and relatives of children in care.

(d) Residents of the home.

(e) Staff of the public children services agency (PCSA).

(f) Staff of the county agency and DCY.

(g) Anyone mentioned by the complainant.

(h) Law enforcement personnel.

(i) Current and past family child care staff employees.

(j) Other witnesses.

(4) Document findings in writing or in photographs or by any other means.

(C) What are additional requirements for a licensed family child care provider as a result of an inspection and/or complaint investigation?

The family child care provider is to:

(1) Complete and submit a corrective action plan in the Ohio statewide licensing system addressing the non-compliances detailed in the inspection report within the time frame requested in the inspection report.

(2) Not misrepresent, falsify or withhold information from the county agency or DCY.

(3) Pursuant to section 5104.043 of the Revised Code, provide a written or electronic notice of the serious risk non-compliance (SRNC) to all parents of enrolled children within fifteen business days of receipt of the non-compliance, if DCY determines that an act or omission of a family child care home constitutes a SRNC pursuant to appendix A to this rule.

(a) The notice is to include a statement informing each parent of the web site maintained by DCY and the location of further information regarding the determination.

(b) If the provider requests a review of the finding pursuant to paragraph (G) of this rule, and the finding is upheld, the notice to parents is to be sent within five business days of receipt of the decision by DCY.

(c) The family child care provider will need to provide a copy of the notice to DCY.

(d) The requirements of section 5104.043 of the Revised Code do not apply if DCY suspends the license of the family child care provider.

(D) What is a licensing inspection non-compliance?

(1) A licensing inspection non-compliance is a licensure rule violation. Inspections could result in moderate or serious risk findings.

(2) Non-compliance findings differ in level of severity, depending on the potential to lead to a risk of harm to a child, and are observable and/or based on facts. Moderate and serious risk non-compliances are assigned point values and the annual accumulated points may result in DCY licensing or step up to quality (SUTQ) actions, pursuant to section 5104.29 of the Revised Code.

(a) Moderate risk non-compliances may lead to an increased risk of harm to children and are worth three points each.

(b) Serious risk non-compliances may lead to the greatest risk of harm to children and are worth six points each.

(c) Moderate risk and serious risk non-compliances are listed in appendix A to this rule.

(E) What actions may DCY take when a serious risk non-compliance occurs?

Any serious risk non-compliance described in, but not necessarily limited to this rule, as reviewed by DCY at its discretion may result in any of the following:

(1) Denial of a license application or approval for a non-expiring or continuous license.

(2) Revocation of a license.

(3) Reduction or removal of a quality rating.

(4) Loss of funding.

(F) Will a licensed family child care provider have additional inspections based on non-compliances found?

All non-compliances may lead to additional inspections or compliance materials required by the county agency or DCY.

(G) What if a licensed family child care provider does not agree with the licensing findings?

(1) The family child care provider may request a review of a non-compliance finding in the Ohio statewide licensing system within ten business days from the receipt of the inspection report.

(2) The family child care provider may elect to participate in an initial review of the request with a DCY representative.

(3) Following an initial review, the family child care provider may elect to participate in a committee review of the request with a DCY committee.

(4) The committee's decision is considered final.

(H) What are the county agency requirements for compliance inspection and complaint investigation of a family child care provider?

(1) All inspections are to be completed during the operating hours of the family child care home.

(a) The county agency is to complete at least one unannounced compliance inspections when a child(ren) for whom the provider is receiving compensation is present.

(b) If no child(ren) is enrolled, the inspection will still be completed. When at least one child for whom the provider is receiving compensation is present, a monitoring inspection is to be completed.

(2) For each inspection, the county agency shall:

(a) Complete the inspection report in the Ohio statewide licensing system.

(b) Provide a hard copy or electronic copy of the inspection report and supporting documents to the provider by close of business the next business day, and within five business days of the date of the addition or revision, if additional information is added to the report or it is revised in any way.

(3) The county agency shall investigate any complaints alleging rule noncompliance against a provider. The county agency may inspect the family child care home as part of the complaint investigation.

(a) Investigations of all complaints shall begin within five business days of the receipt of a complaint by the county agency.

(b) If the complaint alleges an immediate risk to children, the county agency shall begin the investigation by the next business day of receipt of the complaint.

(c) For each investigation, the county agency is to:

(i) Document the complaint in the Ohio statewide licensing system.

(ii) Send to the provider a copy of the inspection and/or complaint report within ten business days of the completion of the investigation, and within five business days of the date of the addition or revision, if additional information is added to the report or it is revised in any way.

(4) The county agency is to take the following action when a serious incident is reported in the Ohio statewide licensing system as required in paragraph (G) of rule 5180:2-13-16 of the Administrative Code:

(a) When a complaint is received on the same non-compliance, complete a complaint investigation pursuant to paragraphs (H)(3) and (I) of this rule.

(b) When a complaint is not received, issue an inspection within ten days for the non-compliances reported.

(5) The county agency shall provide a copy of the inspection report to anyone who submits a request to the county agency. The county agency shall remove all confidential information prior to providing a copy.

(6) The county agency shall provide technical assistance for complying with the requirements of Chapter 5104. of the Revised Code and Chapter 5180:2-13 of the Administrative Code.

(I) What other requirements shall the county agency follow for complaints?

(1) If the complaint alleges child abuse or neglect, the county agency shall report the complaint within the same business day to the public children services agency (PCSA) or law enforcement in accordance with section 2151.421 of the Revised Code. The oral report shall be followed with a written report to the PCSA, if requested by the PCSA. The written report shall contain the following:

(a) A summary of allegations.

(b) The name of the reporter, unless anonymity is requested.

(c) A summary of actions taken by the county agency or plans to initiate an investigation of non-compliance with the regulations contained in Chapter 5180:2-13 of the Administrative Code.

(d) A request for clarification of joint or parallel investigatory roles.

(2) A PCSA investigation does not relieve the county agency of its responsibility to investigate provider non-compliance with regulations contained in Chapter 5180:2-13 of the Administrative Code unless the PCSA indicates that the county agency complaint investigation would interfere with the PCSA's investigation of the case.

(3) If the county agency receives a report that an unlicensed home may be caring for too many children in violation of section 5104.02 of the Revised Code, the county agency shall refer the report to DCY for investigation.

(J) Are licensing inspection records available to the public?

(1) Inspections may be viewed using the child care search tool on the DCY website.

(2) An individual may submit a written request to DCY for a copy of the family child care home licensing record.

View Appendix

Last updated July 1, 2026 at 8:38 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-04 Building department inspection and fire inspection for a licensed family child care provider.

(A) What are the type A home requirements for building inspections?

(1) Licensed type A homes shall be inspected by the local building department having jurisdiction. Building inspections shall be obtained:

(a) At the time of application for a child care license.

(b) At the time a type A home requests a license amendment for a change of location, including a temporary change of location.

(c) Prior to the use of any areas of the structure not previously inspected for child care use.

(d) At the time of any major repair, modification, or alteration of any existing structure presently being used for a type A home but prior to the continued use of modified or altered parts of the structure. A major repair, modification or alteration includes:

(i) Cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of escape, or rearrangement of parts of the structure affecting the exit requirements.

(ii) Addition to, alteration of, replacement or relocation of any gas, oil, water, soil, waste or vent piping, electrical wiring or heating, ventilating or air-conditioning equipment.

(iii) Any modification that would otherwise need a plan approval as required by the rules of the Ohio board of building standards.

(2) The licensed type A home provider shall abide by any stipulations or limitations that are noted on the building inspection report.

(3) The building department inspection shall be documented on a form set forth by the board of building standards and be available on-site for review.

(4) The licensed type A home provider shall provide documentation that the type A home license is not prohibited by the local zoning board.

(B) What are the type A home requirements for a fire inspection and approval?

(1) Licensed type A homes shall secure a fire inspection and written approval from the state fire marshal or the local fire safety inspector for the municipality or township having jurisdiction. The type A home shall abide by any stipulations or limitations set forth in the written documentation by the state fire marshal or the local fire safety inspector.

(2) The fire inspection and approval needs to be obtained for a licensed type A home:

(a) At the time of initial application for a family child care license.

(b) At the time of a family child care license amendment when requesting a change of location, including a temporary change of location.

(c) At least once annually within each twelve months from the date of the last fire approval report.

(d) Prior to the use of any areas of the structure not previously inspected and approved for use for type A home care.

(e) Prior to caring for infants and non-ambulatory children of any age other than on the first floor of the type A home.

(C) What are the type B home building requirements?

(1) Space is to be approved by the county agency prior to the use of any area of the structure not previously inspected and approved for use.

(2) The type B home provider is to notify the county agency in OCLQS, if the provider wants to utilize or structurally modify any space not previously inspected and approved for use.

(3) Rooms or spaces higher than the second floor of the structure are not to be used for child care.

(D) What requirements does a licensed type B home provider need to ensure fire safety?

A licensed type B home shall have:

(1) The emergency exit features and operational conditions listed in appendix A to this rule.

(2) At least one underwriters laboratories (UL) or factory mutual laboratories (FM) smoke alarm located in the basement and on each level of the licensed type B home. The licensed type B home provider shall place, install, test and maintain smoke alarms in accordance with manufacturer's recommendations.

(3) At least one working UL or FM portable fire extinguisher, not expired, in the licensed type B home which shall have a minimum rating of 1A:10BC in the kitchen where food is provided for child care or cooking area.

(4) All electrical connections made in junction boxes properly covered. Electrical extension cords shall not be used as permanent wiring.

(E) What are the requirements for flammable and combustible materials and substances on-site at the licensed type B home?

If a licensed type B home provider has items such as, but not limited to, gasoline, kerosene, propane and other fuels, the materials shall be stored in accordance with the storage requirements listed in appendix B to this rule.

(F) Can a licensed type B home provider use heaters?

If vented gas, oil, or wood-fired heaters are used, a nonflammable guard shall be provided for each heater, stove or fireplace to protect the children from hot surfaces and open flames.

(1) No unprotected open flame, such as fireplaces, oil lamps or candles, shall be allowed to burn in the home while care is being provided.

(2) Unvented fuel-fired heaters shall not be used while child care is being provided.

View AppendixView Appendix

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-05 Denial, revocation and suspension of a family child care application or license.

(A) What does "owner" mean?

(1) For the purposes of paragraphs (C) and (E) of this rule, "owner" is as defined in rule 5180:2-13-01 of the Administrative Code, except that "owner" also includes a firm, organization, institution, or agency, as well as any individual governing board members, partners, or authorized representatives of the owner as defined in section 5104.03 of the Revised Code.

(2) For all other paragraphs of this rule, "owner" is as defined in rule 5180:2-13-01 of the Administrative Code.

(B) What are the reasons an applicant may have an application denied or a licensed family child care provider may have a provisional or continuous license revoked?

(1) The family child care provider is not in compliance with Chapter 5180:2-13 of the Administrative Code or Chapter 5104. of the Revised Code.

(2) The family child care provider or a household member has been determined not eligible to own a child care program or to be employed or reside in a licensed family child care home as a result of the background check requirements pursuant to rule 5180:2-13-09 of the Administrative Code.

(3) The family child care provider fails to submit documentation or information requested by the county agency or the Ohio department of children and youth (DCY) within required time frames.

(4) The family child care provider, resident, employee or child care staff member has refused to allow DCY or the county agency staff access onto its premises or to any area used for child care during operating hours.

(5) The family child care provider has furnished or made misleading or false statements or reports to DCY or the county agency.

(6) Failure of any person, firm, partnership, organization, institution, or agency to cooperate with DCY or any state or local official when performing duties required by Chapter 5104. of the Revised Code and Chapter 5180:2-13 of the Administrative Code.

(7) Someone under the age of eighteen who resides in the home has been adjudicated a delinquent child for committing a violation of any section listed in division (A)(5) of section 109.572 of the Revised Code or an offense of any other state or the United States that is substantially equivalent and the records of the adjudication or conviction have not been sealed or expunged pursuant to sections 2151.355 to 2151.38 or sections 2953.31 to 2953.36 of the Revised Code.

(8) It has been determined through the results of the child abuse and neglect report or any other means pursuant to rule 5180:2-13-09 of the Administrative Code that there is an individual, of any age, who resides in the home and whose behavior or health may endanger the health, safety, or well-being of children.

(9) The family child care provider fails to cooperate with the county agency or DCY in the licensing process or complaint investigation including, but not limited to, consistently being unavailable for unannounced inspections conducted by the county agency or DCY.

(C) What happens if an application is in the process of being denied or a provisional or continuous license is in the process of being revoked?

(1) If an application for a child care center, type A home or type B home has been issued a notice of intent to deny, no new application for a type A home license or type B home license shall be processed for the owner until after the completion of the denial process.

(2) If a provisional or continuous license for a child care center, type A home or type B home has been issued a notice of intent to revoke, no new application for a type A home license or type B home license shall be processed for the same owner until after the completion of the revocation process.

(3) If the family child care provider has been issued a notice of intent to revoke the program's license, the family child care provider is to notify the families of all enrolled children and post the notice of intent in a noticeable location in the family child care home within forty-eight hours of receipt of the notice.

(D) What if a provider voluntarily surrenders the license or voluntarily withdraws the application during the revocation or denial process?

The voluntary surrender of a license or the withdrawal of an application for licensure shall not prohibit DCY from revoking a license or denying an application.

(E) What happens if an application has previously been denied, or a provisional or continuous license, or an in-home aide certification has been revoked?

(1) If a license of a child care center, type A home or type B home is revoked, another license shall not be issued to the owner of the center, type A home or type B home until five years have elapsed from the date the license was revoked.

(2) If an application for a child care center, type A home or type B home license is denied, the applicant shall not be licensed until five years have elapsed from the date the application was denied.

(3) If the certification of an in-home aide is revoked, the applicant shall not be issued a type A or type B family child care license until five years have elapsed from the date the certification was revoked.

(F) Which licensing actions by DCY gives the family child care provider rights to a prior adjudicatory hearing in accordance with the requirements of Chapter 119. of the Revised Code?

(1) Denial of an application.

(2) Revocation of an existing license, either provisional or continuous.

(3) The finding of jurisdiction in accordance with rule 5180:2-13-01 of the Administrative Code.

(4) Issuance of a license with authorization for license capacity which does not agree with the authorization sought by the provider.

(5) Denial of a continuous license at the expiration of the family child care provider's provisional license.

(G) When can DCY suspend a license?

DCY may immediately suspend the license of a family child care provider if DCY determines that any of the following have occurred:

(1) A child dies or suffers a serious injury while receiving child care by the family child care provider.

(2) A public children services agency (PCSA) accepts a complaint of abuse or neglect pursuant to section 2151.421 of the Revised Code on any of the following people:

(a) The owner or owner's representative of the family child care home.

(b) The administrator of the type A home, if not the owner or owner's representative and if the administrator has not been released from employment or put on administrative leave.

(c) An employee of the family child care home, if the employee has not been immediately released from employment or put on administrative leave.

(d) A resident of the family child care home.

(3) Any of the following people have been charged by indictment, information, or complaint with an offense relating to the abuse or neglect of a child:

(a) The owner or owner's representative of the family child care home.

(b) The administrator of the type A home, if not the owner or owner's representative and if the administrator has not been released from employment or put on administrative leave.

(c) An employee of the family child care home, if the employee has not been released from employment or put on administrative leave.

(d) A resident of the family child care home.

(4) DCY or a county agency determines that the licensed family child care provider created a serious risk to the health or safety of a child receiving child care in the family child care home that resulted in or could have resulted in a child's death or injury.

(5) DCY determines that the family child care provider does not meet the requirements of section 5104.013 of the Revised Code.

(H) What happens if a family child care provider's license is suspended?

(1) Upon receipt of a written suspension order from DCY, delivered in person, the family child care provider shall:

(a) Immediately stop providing care to all children.

(b) Provide written notification of the suspension to the parents of all children enrolled in the home.

(2) Signature is required for delivery. Refusal of delivery is not failure of delivery and service shall be deemed to be complete.

(I) Can the family child care provider request a review of the decision to suspend the license?

The family child care provider may request an adjudicatory hearing before the department pursuant to sections 119.06 to 119.12 of the Revised Code.

(J) How long will the license be suspended?

The suspension shall remain in effect until any of the following occurs:

(1) The PCSA completes its investigation pursuant to section 2151.421 of the Revised Code and determines that all of the allegations are unsubstantiated.

(2) All criminal charges are disposed of through dismissal or a finding of not guilty.

(3) Pursuant to Chapter 119. of the Revised Code, DCY issues a final order terminating the suspension.

(K) Which DCY licensing actions, ministerial in nature, are not subject to an administrative hearing?

(1) Rejection by DCY of any application for a license for procedural reasons, such as but not limited to, improper fee payment, incomplete submission of required materials or use of invalid forms.

(2) Denial of an application pursuant to paragraph (E) of this rule.

(3) Closing a license that has been in a temporary closure for more than twelve months and the provider has not requested in the Ohio statewide licensing system to re-instate the license pursuant to rule 5180:2-13-02 of the Administrative Code.

(4) Closing a license if the family child care provider is no longer located at the address on the license and the owner has not requested a change of location or closure pursuant to rule 5180:2-13-02 of the Administrative Code.

(5) Closing a license if the type A home owner or provider has changed.

(6) Closing a license if the family child care provider does not have children, excluding the provider's own children, enrolled and attending at the end of the extended provisional period pursuant to rule 5180:2-13-06 of the Administrative Code.

(7) Closing a license, if at the end of twelve months, the family child care home is unable to be re-opened.

(8) Closing a license if children are not enrolled and attending for twenty four months and the provider refuses to voluntarily permanently close the program.

(L) Can the county agency recommend denial of an application, suspension of a license or revocation of a license to DCY?

(1) The county agency may recommend the denial of an application or revocation of a license for any of the reasons detailed in paragraph (B) of this rule.

(2) The county agency may recommend the suspension of a license for any of the reasons detailed in paragraph (G) of this rule.

(3) The county agency shall provide any requested documents to DCY.

(4) If a license is revoked, the county agency shall contact any parents who are receiving publicly funded child care services from the provider by phone with follow up written notification to inform the parent of the following:

(a) The provider's license has been revoked.

(b) The availability of alternate child care services.

Last updated July 1, 2026 at 8:36 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-06 Procedures for a family child care provider operating under a provisional license.

(A) How long is a provisional license valid for a newly licensed family child care provider?

A provisional license for a newly licensed family child care provider is valid for at least twelve months and until the continuous license is issued, unless revoked pursuant to rule 5101:2-13-05 of the Administrative Code.

(B) What requirements shall the family child care provider meet for the provisional license to be amended to a continuous license at the end of the provisional period?

By the end of the provisional period, the provider shall:

(1) Be in compliance with Chapter 5101:2-13 of the Administrative Code.

(2) Have children, for whom the provider receives compensation, enrolled and attending the home.

(a) If the provider has not served any children during the provisional period, the provisional period shall continue for up to twelve additional months or until children have been enrolled, whichever comes first.

(b) The county agency shall complete an inspection with children in attendance prior to recommending a continuous license.

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-07 Provider responsibilities, requirements and qualifications for a licensed family child care provider.

(A) What are the requirements to be a licensed family child care provider?

(1) The family child care provider is to:

(a) Be at least eighteen years old, and for those type B certified or licensed after April 1, 2003, have completed a high school education. Verification of high school education is detailed in appendix A to this rule.

(b) Meet the training or education requirements detailed in appendix B to this rule.

(c) Have written evidence of current immunizations or exemptions as specified in paragraph (B) of this rule.

(d) Reside in the home where the care is being provided.

(e) Provide a safe, healthy environment when child care services are being provided.

(f) Not be involved in any activities that interfere with the care of the children. This includes not being involved in other employment during the operating hours of the family child care home.

(g) Complete a rules review course provided by the Ohio department of children and youth (DCY).

(i) If the family child care provider or type A administrator is named on the license on or after July 1, 2026, they are to complete the rules review course within one year of the appointment and every five years thereafter.

(ii) Verification of completion of the rules review course is to be documented in the Ohio professional registry (OPR).

(2) The provider and anyone in the family child care home, including any child care staff members is not to:

(a) Demonstrate physical or mental conditions potentially harmful to children.

(b) Be under the influence of alcohol or other drugs while child care is being provided.

(3) The provider is to complete only one of the following:

(a) Obtain and maintain liability insurance that insures the family child care provider against liability arising out of, or in connection with, the operation of the family child care home.

(i) The liability insurance shall cover any cause for which the family child care home would be liable, in the amount of at least one hundred thousand dollars per occurrence and three hundred thousand dollars in the aggregate.

(ii) Proof of insurance shall be maintained at the home.

(iii) If the family child care provider is not the owner of the home where the family child care home is located and the provider obtains liability insurance described in this rule, the provider shall name the owner of the property as an additional insured party on the liability insurance policy if all of the following apply:

(a) The owner requests the provider in writing to add the owner to the liability insurance policy as an additional insured party.

(b) The addition of the owner does not result in cancellation or nonrenewal of the insurance policy.

(c) The owner pays any additional premium assessed for coverage of the owner.

(b) Complete the DCY 01933 "Liability Insurance Statement for Family Child Care Providers" if the family child care provider is not obtaining liability insurance and shall provide the DCY 01933 to the parent of each child receiving care in the home. The DCY 01933 shall be signed and dated by the parent and on file by the child's first day of attendance.

(i) If the family child care provider is not the owner of the home where the family child care home is in operation, the statement shall also include that the owner of the home may not provide coverage of any liability arising out of, or in connection with, the operation of the family child care home.

(ii) The DCY 01933 shall be kept on file at the home.

(B) What are the immunization record requirements for a licensed family child care home?

If not previously submitted to DCY, maintain the following documentation on-site at the home within thirty days from the start date of employment or operation of the family child care home:

(1) Written evidence of immunization against measles, mumps and rubella (MMR), except that for persons born on or before December 31, 1956, a history of measles or mumps disease may be substituted for the vaccine. A history of rubella disease is not to be substituted for rubella vaccine. Only a laboratory test demonstrating detectable rubella antibodies will be accepted in lieu of rubella vaccine.

(2) Written evidence of immunization against tetanus, diphtheria and pertussis (Tdap) from a licensed physician as defined in Chapter 4731. of the Revised Code, physician assistant (PA), advanced practice registered nurse (APRN) or licensed pharmacist.

(3) A written or electronic statement of immunization exemption for reasons of conscience, including religious convictions or medical reasons.

(a) If the exemption is for reasons of conscience, including religious convictions, written or electronic documentation may be signed by the individual.

(b) If the exemption is for medical reasons, written or electronic documentation is to be signed by a licensed physician, PA, or APRN.

(C) What are the responsibilities of the licensed family child care provider?

The family child care provider is to:

(1) Be on-site a minimum of seventy-five per cent of the operating hours per week. The provider may request a short-term exemption from this requirement from the county agency.

(2) Be responsible for the creation, maintenance and implementation of the policies and procedures detailed in appendix C to this rule. A copy of these policies and procedures shall be available on-site at the home. Nothing in these policies is to conflict with Chapter 5104. of the Revised Code or Chapter 5180:2-13 of the Administrative Code, and if applicable, Chapter 5180:2-16, 5180:6-1 or 5180:2-17 of the Administrative Code.

(3) Provide the parent and all employees with the policies and procedures in appendix C to this rule.

(4) Provide a copy of appendix D to this rule to the parents of children enrolled in the home.

(5) Update in the Ohio statewide licensing system no later than ten business days of any change in the household composition including someone joining the household or leaving the household as well as anyone staying in the home for more than ten consecutive calendar days.

(6) Be responsible for all information provided to the county agency or DCY including information provided by a child care staff member, employee, administrator or resident of the home.

(7) Cooperate with other government agencies as necessary to maintain compliance with Chapter 5180:2-13 of the Administrative Code.

(8) Submit in the Ohio statewide licensing system an updated "Adjudicated a delinquent child statement" within ten business days if a child residing in the home is adjudicated a delinquent child.

(D) What are the Ohio professional registry (OPR) and documentation responsibilities for the licensed family child care provider?

The family child care provider is to:

(1) Create or update their individual profile in the OPR.

(2) Create or update the program's organization dashboard in the OPR.

(3) Ensure that all employees and child care staff members complete the following in the OPR:

(a) Create or update their individual profile in the OPR.

(b) Create an employment record in the OPR for the program on or before their start date, including date of hire.

(c) Update changes to positions or roles in the OPR within ten business days of a change.

(4) Update the program's organization dashboard in the OPR within ten business days of a change for employees and child care staff members of the program, including:

(a) Scheduled days and hours.

(b) Group assignments, if applicable.

(c) The end date of employment.

(5) Maintain records for each current employee and child care staff member as required in Chapter 5180:2-13 of the Administrative Code on file at the home, if not yet verified in the OPR.

(a) Make employment records available upon request by the county agency or by DCY for at least three years after each person's departure, if not yet verified in the OPR.

(b) Keep employment records confidential, except when made available to the county agency or DCY for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5180:2-13 of the Administrative Code.

(6) Ensure that all residents over the age of eighteen create a profile in the OPR and that the residents complete an employment record for the family child care provider within ten business days of becoming a resident or turning eighteen.

(7) Within ten business days of a change in residency, update the program's organization dashboard in the OPR for residents over the age of eighteen, if applicable.

(E) What if the type B home provider is a foster parent?

The type B home provider shall:

(1) Notify the county agency and all parents.

(2) Notify the county agency of all children receiving care within one business day of when the type B home provider is to begin caring for additional foster children.

(3) Maintain a written record documenting the date and how the county agency and parents were notified about foster children in care.

View AppendixView AppendixView AppendixView Appendix

Last updated July 1, 2026 at 8:36 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-08 Employees and child care staff members responsibilities and qualifications for a licensed family child care provider.

(A) What are the immunization requirements for an employee and child care staff member of a family child care provider?

No later than thirty days from the start date of employment, each employee and child care staff member is to, unless otherwise exempt, provide written evidence of immunizations or exemptions in accordance with paragraph (B) of rule 5180:2-13-07 of the Administrative Code.

(B) What are the additional requirements for a child care staff member of a family child care provider?

Child care staff members, including substitute child care staff members and high school students and graduates working as child care staff members:

(1) Are to be at least sixteen years of age.

(2) Are to provide verification of a high school education, a high school diploma or Ohio high school equivalence diploma in accordance with the guidelines in appendix A to rule 5180:2-13-07 of the Administrative Code on or before the first day of employment.

(3) Are to complete the family child care staff orientation training as prescribed by the Ohio department of children and youth (DCY) within thirty days of starting employment unless the child care staff member has documentation of completion of the training after December 31, 2016. Completion of the training is to be documented with verification from the Ohio professional registry (OPR).

(4) Adult child care staff members may be used to meet group size and supervision requirements but are not to be left alone with the children until the orientation training is completed.

(5) Adult child care staff members may act in the provider's place during an inspection if the provider is not present.

(C) What are the limitations on high school students and graduates working as child care staff members in a family child care home?

All high school students and graduates under the age of eighteen years old working in a family child care home:

(1) Are to be at least a high school junior (on or after the start of high school junior year) and enrolled in or completed one of the following:

(a) An early childhood education or child development career technical program.

(b) A child development associate (CDA) training program or achieved a CDA credential for the age group in which the high school student is working.

(c) A college credit program with early childhood education or child development focus.

(2) Are to maintain compliance with all the requirements of a child care staff member in Chapter 5180:2-13 of the Administrative Code.

(3) Are not to be left alone in the home while caring for children .

(4) Are not to be the administrator, provider, or designee of a family child care home.

(5) Are not permitted to transport children or act as a driver of a family child care home.

(6) Are not permitted to be left alone with the children on routine trips or field trips.

(7) Are not permitted to administer medication or perform medical procedures.

(8) May be counted in ratio when the high school graduate is at least two years older than the child(ren) in their care.

(D) What are the OPR and documentation requirements for employees and child care staff members in a family child care home?

All employees and child care staff members, including substitute child care staff members and high school students and graduates working as child care staff are to:

(1) Create or update their individual profile in the OPR.

(2) Create an employment record for the family child care program on or before their start date, including date of hire.

(3) Update their individual profiles or employment records in the OPR within ten business days of a change, including:

(a) Contact information.

(b) Positions or roles, and related dates.

(E) Do employees and child care staff members have whistle blower protection?

Yes, an employer is not to discharge, demote, suspend or threaten to discharge, demote, suspend or in any manner discriminate against any employee or child care staff member based solely on the employee or child care staff member taking any of the following actions:

(1) Making any good faith oral or written complaint to DCY or other agency responsible for enforcing Chapter 5104. of the Revised Code regarding a violation of this chapter or the rules adopted pursuant to Chapter 5104. of the Revised Code;

(2) Instituting or causing to be instituted any proceeding against the employer under section 5104.04 of the Revised Code;

(3) Acting as a witness in any proceeding under section 5104.04 of the Revised Code;

(4) Refusing to perform work that constitutes a violation of Chapter 5104., or the rules adopted pursuant to Chapter 5104. of the Revised Code.

Last updated July 1, 2026 at 8:36 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-09 Background check requirements for a licensed family child care provider.

(A) What records are included in a background check?

(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3) National sex offender registry.

(4) State sex offender registry.

(5) Statewide automated child welfare information system (SACWIS) records.

(B) Who shall have a background check?

(1) Licensed family child care providers and applicants to be licensed family child care providers.

(2) Adults (age eighteen and older) residing in the home of the family child care provider or applicant.

(3) Employee of a family child care provider or applicant as defined in rule 5180:2-13-01 of the Administrative Code.

(4) Child care staff member of the family child care provider or applicant as defined in rule 5180:2-13-01 of the Administrative Code, including substitutes and high school students and graduates under eighteen years of age working as child care staff members.

(C) Who is not required to have a background check?

The following individuals are not to be left alone with children at any time and do not need a background check:

(1) Residents (under eighteen years of age) of the family child care home.

(2) Visitors or volunteers as defined in rule 5180:2-13-01 of the Administrative Code.

(3) Individuals who:

(a) Do not have assigned duties in the program.

(b) Are not counted in staff/child ratio.

(D) When is a background check required?

(1) At application for a family child care license.

(2) Within ten business days after a resident of the home turns eighteen years old.

(3) Within ten business days of an adult moving into the home.

(4) Prior to the first day of employment for the employee or child care staff member.

(5) Every five years from the date of the most recent BCI records check.

(E) How is a background check obtained?

The individual shall:

(1) Create a profile in the Ohio professional registry (OPR).

(2) Submit fingerprints electronically according to the process established by BCI and have the BCI and FBI results sent directly to the Ohio department of children and youth (DCY). Information on how to obtain a background check can be found at https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.

(3) Complete and submit the request for a background check for child care in the OPR.

(F) What if an individual previously resided in a state other than Ohio?

(1) DCY will contact any states in which the individual resided in the previous five years to request the information required in paragraph (A) of this rule.

(2) Any information received from other states will be reviewed and considered by DCY as part of the background check review pursuant to paragraph (H) of this rule.

(G) What happens if an individual does not complete the full background check determination process?

(1) If the individual completes only the requirements in paragraph (E)(2) of this rule or only the requirements in paragraph (E)(3) of this rule and does not submit the other component within forty-five days, the background check process will end and a determination of eligibility will not be made.

(2) DCY will notify the individual and the program that the background check determination process has ended.

(3) The individual will need to complete the requirements of paragraphs (E)(2) and (E)(3) to restart the background check determination process in the future.

(H) What makes an individual ineligible to own, reside or be employed in a licensed family child care home?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code, unless the individual meets the rehabilitation criteria in appendix A to this rule.

(a) Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b) A conviction of or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(2) Being registered or required to be registered on the national or state sex offender registry or repository.

(3) The individual is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date the request for background check was submitted or the individual has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by the person.

(I) What happens after the individual requests the background check and submits fingerprints through a webcheck location?

(1) The provider, county agency, and individual may receive a notification of preliminary approval generated from the OPR.

(2) The provider and county agency will receive the DCY 01176 "Program Notification of Background Check Review for Child Care" from DCY and the provider shall keep it on file, if it is not available in the OPR.

(a) For those individuals not eligible for employment the provider shall not hire the individual or shall terminate them from employment immediately upon receipt of the DCY 01176.

(b) For those individuals not eligible for residence in a licensed family child care home, the resident shall immediately cease living in the family child care home upon receipt of the DCY 01176.

(c) Until preliminary approval is received from DCY, an employee or child care staff member hired on or after the effective date of this rule shall not engage in any assigned duties or be near children.

(d) A child care staff member with preliminary approval but not a DCY 01176 on file at the home or in the OPR shall not be left alone with children and shall be supervised at all times by the provider or another child care staff member with a DCY 01176 on file at the home or in the OPR.

(e) Only child care staff members with a DCY 01176 on file at the home or in the OPR may be left alone with children.

(3) The individual will receive the DCY 01177 "Individual Notification of Background Check Review for Child Care" from DCY.

(a) If the individual believes the information received is not accurate, the individual may directly contact the agency that contributed the questioned information.

(b) If the individual disagrees with the employment/residency eligibility decision made by DCY, a DCY 01178 "Request for Review of Background Check Decision for Child Care" shall be completed to request a review of the decision. The DCY 01178 shall be submitted within fourteen business days from the date on the DCY 01177.

(J) What happens after an individual submits a DCY 01178 to DCY?

If an individual requests a review of a background check decision pursuant to paragraph (I)(3)(b) to this rule:

(1) The program shall not allow the individual to be on-site at the program or reside in the home during the review by DCY.

(2) If the individual is determined to be eligible for employment or residence, the program may allow the individual to be employed or reside in the home and shall keep the updated DCY 01176 on file pursuant to paragraph (I)(2) of this rule.

(3) If the decision is upheld, the individual remains ineligible for employment.

(K) What are the background check requirements if an individual becomes employed at another licensed program?

(1) Only the request for a background check for child care in the OPR is required if the individual meets all of the following:

(a) The individual has a current background check determination by DCY completed in the previous five years pursuant to this rule.

(b) The individual has been employed by a licensed child care center, licensed type A home, licensed type B home, approved day camp, a preschool or school-age program approved to provide publicly funded child care or certified as an in-home aide or was a resident of a licensed type A home or licensed type B home in the previous one hundred eighty consecutive days.

(2) Upon receipt of the request, DCY will provide the DCY 01176 based on the existing background check determination to the new employer.

View Appendix

Last updated July 1, 2026 at 8:36 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-10 Training and professional development requirements for a licensed family child care provider and child care staff members.

(A) What health training is required for a licensed family child care provider prior to licensure?

The family child care provider is to complete the following:

(1) Current certification in first aid and cardiopulmonary resuscitation (CPR). Training shall be appropriate for all of the ages and developmental levels of children in care.

(2) Current training in management of communicable disease.

(3) Current training in one of the following child abuse and neglect recognition and prevention trainings:

(a) Ohio department of job and family services (ODJFS) child abuse and neglect recognition and prevention training.

(b) Child abuse and neglect recognition and prevention training as described in appendix A to this rule.

(B) What health training is required for a licensed family child care provider once licensed?

(1) Maintain current certification in first aid and CPR. The training shall be appropriate for all of the ages and developmental levels of children in care.

(2) Maintain current training in management of communicable disease and child abuse and neglect recognition and prevention.

(3) Audiovisual or electronic media training shall not be used to meet the CPR training requirement pursuant to paragraphs (A)(1) and (B)(1) of this rule unless there is also an in-person component of the training.

(C) What health training is required for a family child care staff member and a substitute child care staff member?

(1) Prior to being left alone with children, but within the first ninety days of hire, all child care staff members shall complete and remain current in the following:

(a) CPR.

(b) First aid.

(c) Management of communicable disease.

(d) One of the following child abuse and neglect recognition and prevention trainings:

(i) ODJFS child abuse and neglect recognition and prevention training.

(ii) Child abuse and neglect recognition and prevention training as described in appendix A to this rule.

(D) What are the requirements for the health trainings pursuant to paragraphs (A), (B) and (C) of this rule?

(1) The trainings are to meet course and trainer requirements in appendix A to this rule.

(2) Audiovisual or electronic media training is not to be used to meet the CPR training requirement pursuant to paragraphs (A)(1) and (B)(1) of this rule unless there is also an in-person component of the training.

(3) If the child care staff member meets the trainer requirements in appendix A to this rule for a health training, that person is considered to meet the training requirement for first aid, CPR, or management of communicable disease.

(E) What are the on-going professional development requirements for the licensed family child care provider and child care staff members?

(1) Complete a minimum of six clock hours of training annually in any of the categories listed in appendix B to this rule each fiscal year. The fiscal year is defined as July first through June thirtieth.

(2) A family child care provider licensed between January first and June thirtieth of each year is not required to complete the professional development requirements until the following fiscal year.

(3) A child care staff member hired between January first and June thirtieth of each year is not required to complete the professional development requirements until the following fiscal year.

(4) Health trainings taken pursuant to paragraph (A), (B), or (C) of this rule may not be used to meet the professional development training requirements.

(5) Audiovisual or electronic media training may be used to meet the required six hours of annual training.

(6) A person designated and employed as a substitute child care staff member is not required to meet the professional development requirements. When the substitute child care staff member is used more than ninety days in a fiscal year, professional development requirements are to be met. The family child care provider is responsible for documenting the number of days the substitute child care staff member worked for a period of eighteen months.

(F) What verification is needed on file at the home to document the completed training?

(1) The health trainings shall be documented by one of the following:

(a) Verification from the Ohio professional registry (OPR).

(b) The JFS 01276 "Health Training Documentation for Child Care".

(c) Training cards or certificates issued by the training organization.

(2) The on-going professional development shall be documented by one of the following:

(a) Verification from the OPR.

(b) Transcript of completion of college courses from an accredited university, college, or technical college.

(i) One quarter credit hour equals ten clock hours of training.

(ii) One semester credit hour equals fifteen clock hours of training.

(c) The JFS 01307 "Professional Development Documentation for Child Care."

(d) Certificates indicating continuing education units (CEU). One CEU equals ten clock hours of training.

(e) Certificates issued by Ohio child welfare training centers.

(3) A family child care provider shall, within five business days, provide current staff with copies of their training documentation upon request or upon separation from employment for any records not verified in the OPR.

View AppendixView Appendix

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-11 Indoor and outdoor space requirements for a licensed family child care provider.

(A) What are the indoor space requirements for a licensed family child care home?

(1) There shall be at least thirty-five square feet of usable wall-to-wall indoor floor space per child for the total number of children who are present at one time.

(2) Usable indoor floor space shall not include bathrooms, hallways, storage rooms or other areas not available or not used for child care.

(B) What are the on-site outdoor space requirements for a licensed family child care home?

(1) The home shall have an on-site outdoor space that:

(a) Provides at least sixty square feet of usable space per child using the area at one time.

(b) Ensures that children are not able to leave the outdoor play area unsupervised and ensures that any hazards from the outside cannot enter the outdoor play area without the staff being aware of them. Outdoor space is protected from traffic or animals by one or more of the following:

(i) A continuous fence in good condition with functioning gates.

(ii) A continuous natural barrier.

(iii) A combination of fence and natural barrier.

(c) Provides access to bathroom facilities and drinking water during play times.

(d) Protects children under six months from direct exposure to the sun. Provides sun protection for all children.

(2) The home shall not use outdoor porches above the first floor as play areas, unless the porches are fully enclosed and structurally sound.

(3) Bodies of water (other than water tables designed for children to play in only with their hands) shall be separated from the play area by a fence or other physical barrier (the house door alone is not a sufficient barrier) that prevents children from accessing the water.

(C) What are the exemptions from having an on-site outdoor space?

(1) If an on-site play area is not available, a provider may use an off-site play area for daily use if it is determined, upon inspection by the provider that the area and its accessibility are safe.

(2) The distance and means to access an off-site play area is to be safe and developmentally appropriate.

(D) What are the requirements for on-site outdoor equipment?

(1) Outdoor equipment, whether stationary or portable, shall be safe and designed to meet the developmental needs of all of the age groups of children using the space.

(2) Equipment such as, but not limited to, climbing gyms, swings, slides shall:

(a) Be free of conditions that pose a risk of harm to children.

(b) Be placed out of the path of the area's main traffic pattern.

(c) Be anchored or stable and have all parts in good working order and securely fastened.

(d) Have all climbing ropes anchored at both ends and not capable of looping back on themselves creating a loop with an interior perimeter of five inches or greater.

(e) Have "S" hooks that are closed in order to prevent the chain from slipping off of the hook and to prevent strangulation, if they are used.

(f) Have no openings that are greater than three and one half inches, but less than nine inches to avoid entrapment of the head or other body parts.

(g) Have protective barriers on platforms that are thirty inches high or higher. A protective barrier means an enclosing device around an elevated platform that is intended to prevent both inadvertent and deliberate attempts to pass through the device.

(h) Be assembled, installed and utilized according to manufacturer's guidelines.

(E) What are the requirements for a fall zone for on-site play equipment?

(1) Equipment used for climbing, swinging, balancing and sliding is not to be placed over, or immediately next to, hard surfaces such as asphalt, concrete, dirt, grass, or flooring covered by carpet or gym mats not intended for use as surfacing for the equipment.

(2) All pieces of play equipment are to be placed over and surrounded by a shock absorbing surface.

(3) All loose fill materials shall be raked as needed to retain their proper distribution, shock absorbing properties and to remove foreign material.

(F) What are the requirements for family child care homes who use off-site play areas that are regulated by another state or local agency?

Off-site play areas that are regulated by another state or local agency are exempt from the Ohio department of children and youth (DCY) requirements for outdoor spaces, play equipment, and fall zones. Family child care providers are to protect children from harm while using these exempted play areas, including but not limited to, protection from traffic and animals; preventing child access to bodies of water; limiting direct sun exposure for infants; and providing sun protection for all children.

Last updated July 1, 2026 at 8:38 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-12 Safe equipment and environment for a licensed family child care provider.

(A) What are the safe equipment requirements for a licensed family child care provider?

(1) Equipment, materials, and furniture shall be in good condition, sturdy, safe and easy to clean and maintain.

(2) Furniture, equipment and materials which are not usable due to breakage or being a hazard, shall be removed immediately and stored away from children until repaired or replaced.

(3) Air conditioners, heat pumps, electric fans and space heaters shall be mounted or placed out of the children's reach or have safeguards which prevent children from being injured.

(4) Indoor swings, (excluding infant swings), slides, climbers and climbing apparatuses shall not be placed over carpet, concrete, tile, or any similarly hard surface. There shall be shock absorbent protective covering under and around this equipment. If climbing equipment is over three feet high, landing mats at least one and one half inches thick shall be used. The protective covering shall be used and placed according to manufacturer's guidelines.

(5) All children's equipment shall be used in accordance with the manufacturer's guidelines.

(6) General-use trampolines, ball pits, and inflatable play equipment intended for climbing and bouncing, including but not limited to slides and bounce houses shall not be permitted for use at the family child care home. Individual-use, personal-sized therapy trampolines no larger than forty-eight inches in diameter may be used by children under direct supervision.

(B) What are the safe environment requirements for a licensed family child care provider?

(1) Weapons, firearms and ammunition materials shall be kept inaccessible to children, out of sight of children and secured in locked storage areas. Weapons and firearms include air rifles, hunting slingshots and any other projectile weapon.

(2) Each of the following groups will be permitted to have the following weapons unsecured in a family child care home, unless specifically not permitted by the family child care program owner or prohibited pursuant to division (C)(3)(a) of section 2923.126 of the Revised Code. Although permitted to be in the home, the weapons shall not be accessible to children.

(a) Handguns may be carried by an individual with a valid concealed handgun license and are to be kept out of sight of the children.

(b) Weapons may be carried by an active duty member of the U.S. armed forces if also carrying valid military identification and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code.

(c) Weapons may be carried by a law enforcement official who can document that his or her jurisdiction requires ready and immediate access to the weapon or as otherwise permitted pursuant to section 2923.1214 of the Revised Code.

(3) Illegal drugs or substances shall not be on the premises. Alcohol shall be kept inaccessible to children.

(4) Type B homes are to have carbon monoxide detectors that meet the following requirements:

(a) In single family homes, there shall be at least one UL listed carbon monoxide detector located in the basement and on each level of the home in which child care is provided.

(b) In multi-family buildings, there shall be at least one UL listed carbon monoxide detector located in the basement and on each level of the unit in which child care is provided.

(c) The carbon monoxide detectors shall be placed, installed, tested and maintained in accordance with manufacturer's recommendations.

(5) In accordance with section 2923.1212 of the Revised Code, the family child care provider shall post a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey or attempt to convey a deadly weapon or dangerous ordnance onto these premises."

(6) The licensed family child care provider shall maintain an indoor temperature of at least sixty-five degrees Fahrenheit. If the homes indoor temperature exceeds eighty-five degrees Fahrenheit, ventilation that produces air movement or air conditioning shall be provided.

(7) Children in care shall be protected from any items and conditions which threaten their health, safety, and well being, including but not limited to: stoves, bodies of water, window covering pull cords, telephone cords, electrical cords, extension cords, lead hazards, asbestos, wells, traffic, provider's, staff's or household member's personal belongings and other environmental hazards and dangerous situations. If a potential lead hazard is identified, the Ohio department of children and youth (DCY) will make a referral to the appropriate agency.

(8) Floor surfaces shall be maintained to not cause a tripping hazard.

(9) Toys or other materials small enough to be swallowed shall be kept out of the reach of infants and toddlers.

(10) Cleaning and sanitizing equipment and supplies shall be stored in a space that is inaccessible to children. Cleaning agents, aerosol cans and all other chemical substances shall be stored in a designated area in their original containers and/or clearly labeled.

(11) Mercury thermometers shall not be used.

(12) Electrical outlets, including surge protectors, within the reach of children shall have child proof receptacle covers when not in use unless designed with safety guards, except for homes which serve school-age children exclusively.

(13) Renovations and remodeling to the home shall be conducted in a safe manner to ensure that lead poison hazards are not introduced into the environment as required by Chapter 3742. of the Revised Code.

(14) Unless toilets and sinks are of suitable height for use by the children, the home shall provide a sturdy, nonslip platform on which the children may stand.

(15) Lawnmowers, sharp tools, machinery and other equipment shall not be used or stored where children have access to them.

(16) All areas used by children shall be ventilated and shall provide protection from rodents, insects and other hazards.

(17) Aerosol spray products shall not be used in rooms where children are in attendance.

(18) All utilities shall be operable.

(19) The home shall contain a kitchen sink, refrigerator and stove or microwave oven in working condition.

(20) If gates are used in the home, they shall be firmly anchored when in use. Gates at the top of stairs shall be wall mounted. Gates shall have no spaces where a child could become entrapped. Accordion style gates shall not be used.

(21) Handles of pots and pans placed on top of a stove or oven shall be directed inward so they are not easily accessible to children.

(22) The home shall have both hot and cold running water. The temperature of the hot water shall not exceed one hundred twenty degrees Fahrenheit unless the provider demonstrates that the hot water faucet can be made inaccessible or inoperable when children are in care.

(C) What are the regulations for having pets in a licensed family child care home?

(1) Pets and animals are permitted if they present no apparent threat to the safety or health of the children.

(2) All local and state ordinances governing the keeping of animals (exotic or domesticated) shall be followed.

Last updated July 1, 2026 at 8:39 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-13 Sanitary equipment and environment for a licensed family child care provider.

(A) What are the requirements to provide and maintain a clean environment, furniture, materials and equipment in a licensed family child care home?

(1) Toilet tissue, liquid soap, running water, and individually assigned towels or disposable towels shall be provided in all bathrooms. Toilets and bathroom sinks shall be in good working condition. Toilets shall be flushed after each use.

(2) Equipment, furnishings, and materials shall be constructed of materials to facilitate cleaning.

(3) Accumulated trash and garbage are not to be stored in an area that has been approved for child care.

(4) The home shall be cleaned daily. The environment, furniture, materials and equipment are to be kept in a sanitary condition at all times. Items are to be cleaned and sanitized between uses. Items including but not limited to diaper changing stations, potty chairs, tables where food is served, and food prep areas are to be cleaned and sanitized prior to reuse. Cleaning and sanitizing shall not take place while rooms are occupied by children, except for general cleanup activities such as sweeping and vacuuming, and wiping off tables which are part of the daily routine.

(5) If the home's water is not publicly supplied, the provider shall contact the Ohio environmental protection agency (EPA) to determine if it qualifies as a public water system.

(a) If the water supply qualifies as a public water system, the provider shall comply with the Ohio EPA requirements.

(b) If the water supply does not qualify as a public water system, the provider shall contact the local health department to have the water tested and follow any additional requirements requested by the health department. The provider shall retain a copy of the water test in the home and make it available upon request.

(6) On-site sewage disposal systems shall not present a public health hazard.

(B) What are the handwashing requirements for a licensed family child care home?

(1) Handwashing shall occur in a handwashing sink.

(2) Commercially manufactured non-permanent sinks may be used if fresh and waste water are inaccessible to children and disposed of in a sanitary manner.

(3) Handwashing requirements for the family child care provider, child care staff members, employees, and children are detailed in appendix A to this rule.

(C) What are the requirements for a smoke free environment while children are in care in a licensed family child care home?

(1) Smoking and tobacco products including, but not limited to cigarettes, cigars, pipes, chewing tobacco, smokeless tobacco, e-cigarettes, vaporizers and their byproducts is not to be used in the home or in any vehicle used to transport children while they are receiving care.

(2) The provider is to post in a noticeable place at the main entrance of the home, a notice stating that smoking is prohibited while care is being provided.

(3) If smoking occurs in the home or in any vehicle used for transporting children during non-care hours, the provider is to:

(a) Not allow smoking and tobacco products to be visible to children in care.

(b) Ensure the premises and/or vehicle has sufficient ventilation so that the children cannot inhale any smoke.

(c) Issue a written or electronic notice to the parent of each enrolled child. This notice will clearly indicate that smoking occurs in the home or vehicle outside of child care operating hours.

View Appendix

Last updated July 1, 2026 at 8:36 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-14 Transportation and field trip safety for a licensed family child care provider.

(A) What shall be available on all trips, including routine walking trips?

The licensed family child care provider shall:

(1) Have written and signed permission from the parent before transporting or escorting a child away from the home for field trips and routine trips as detailed in appendix A to this rule. The permission slips shall be kept on file at the home for one year from the date of the trip.

(2) Attach to each child on a routine or field trip, except children being transported only to and from school or only to and from home, identification containing the family child care provider's name, address, and a telephone number to contact in the event the child becomes lost.

(3) Have a completed copy of the JFS 01234 "Child Enrollment and Health Information for Child Care" for each child on the trip, except routine walks.

(4) Have first aid supplies as required by rule 5101:2-13-16 of the Administrative Code.

(5) Have the completed JFS 01236 "Child Medical/Physical Care Plan for Child Care" for any child who has a health condition which could require medication, special procedures or precautions during the course of the trip. The family child care provider, child care staff member or substitute child care staff member shall also take supplies needed to provide such treatment and medications that may need to be administered during the trip.

(6) Have a working cellular phone or other means of immediate communication. Cellular phones shall not be used by a driver while the vehicle is in motion.

(7) Ensure that if the vehicle used to transport children is manufactured with seat belts, they shall be utilized by adults and children, no more than one person may be strapped in each seat belt. Children or adults shall not be permitted to stand in a moving vehicle, sit on the floor or ride in a vehicle where all seats are not securely anchored.

(B) What are the ratio and supervision requirements for trips, including routine walking trips?

(1) The staff/child ratio and group size requirements of rule 5101:2-13-18 of the Administrative Code shall be met on field trips and routine trips. Children shall be assigned to the provider or specific child care staff members for all field trips.

(2) Parents, guardians or adults authorized by the provider may be drivers on field trips provided that staff/child ratio requirements are met at the destination.

(3) The vehicle shall be checked at completion of each trip to ensure that no child has been left on the vehicle.

(C) What are the driver requirements for employees and child care staff members of the family child care home?

(1) The employee or child care staff member driver shall:

(a) Be at least eighteen years old.

(b) Hold a currently valid driver's license required for the type of vehicle driven in accordance with Ohio law.

(i) A copy of each driver's current driver's license shall be kept on file at the home.

(ii) The family child care provider is responsible for assuring that the copy of the driver's license on file is kept current.

(c) Be free from the influence of any substance which could impair driving abilities.

(d) Ensure that all passengers, which includes the driver, adhere to the state of Ohio's child restraint law found in section 4511.81 of the Revised Code when transporting children in care.

(e) Not allow children under twelve years of age to ride in the front seat of any vehicle.

(f) Complete the Ohio department of job and family services (ODJFS) child care transportation training in the Ohio professional registry (OPR).

(i) A trained child care staff member is not required in the vehicle on field trips when parents are providing the transportation.

(ii) A trained child care staff member is not required when public transportation is being utilized or the school district is providing transportation to or from the provider's home.

(2) Only a child care staff member or employee who is used in accordance with the requirements in rule 5101:2-13-08 of the Administrative Code may transport children without the provider present, except parents may transport children for field trips.

(3) The requirements outlined in paragraph (C) of this rule do not apply to public transportation drivers or companies contracted by the family child care provider who are not employees or child care staff members.

(D) What are the vehicle requirements for a licensed family child care home?

(1) Any vehicle operated by the family child care home provider, child care staff member, or substitute child care staff member to transport children for routine trips or field trips shall be mechanically safe at all times.

(2) Requirements for type A home vehicles used for transportation of children are listed in appendix B to this rule.

(3) Requirements for type B home vehicles used for transportation of children are listed in appendix C to this rule.

(E) When shall vehicles used for transporting children be inspected?

(1) The licensed family child care provider shall maintain documentation that staff have performed weekly inspections followed by any necessary repairs or other appropriate actions, for the following items:

(a) A visual inspection of the vehicle's tires for wear and adequate pressure.

(b) A visual inspection for working headlights and taillights, signals, mirrors, wiper blades and dash gauges.

(c) An inspection for properly functioning child and driver restraints.

(d) An inspection for properly functioning doors and windows.

(e) An inspection for, and cleaning of, debris from the vehicle's interior.

(F) Parents, who are not employed by the family child care provider, who use their vehicles for transportation for field trips shall not have to meet the requirements of paragraph (E) of this rule.

View AppendixView AppendixView Appendix

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-15 Child records.

(A) What are the requirements for a child enrollment form for a family child care provider licensed by the Ohio department of children and youth (DCY)?

The provider is to:

(1) Use an enrollment form that is equivalent in content to the DCY 01234 "Child Enrollment and Health Information for Child Care" form, if the DCY 01234 form is not used. The DCY 01234 (or equivalent) is to be on file for each child by the first day of attendance.

(2) Ensure the DCY 01234 (or equivalent) is reviewed at least annually by the parent and updated as needed when information changes. The parent and the provider are to initial and date the form when the information is reviewed or updated.

(3) Send the child's enrollment form with any child who is being transported for emergency assistance.

(4) Maintain a current copy of the completed enrollment form for each child in care in a location that can be easily and quickly accessed and removed from the home if there is an emergency that requires the children to be moved to another location.

(B) What are the child immunization requirements for a licensed family child care provider?

(1) The immunization record is to be on file at the home within thirty days of the child's first day of attendance and updated no more than every thirteen months thereafter. This includes immunization records for the provider's own children.

(2) Children who attend a grade of kindergarten and above in an elementary school are exempt from this requirement.

(3) The immunization record is to contain the following information:

(a) The child's name and birth date.

(b) A record of the immunizations that the child has had, specifying the month, day and year of each immunization.

(4) Immunization requirements as outlined in section 5104.014 of the Revised Code can be found in appendix A to this rule.

(C) What are the immunization record exceptions for children in a licensed family child care home?

A child may be exempt from the immunization record requirements if either of the following statements are provided:

(1) Certification by a physician, physician assistant (PA), or advanced practice registered nurse (APRN) that one or more of the following apply:

(a) The child is in the process of being immunized.

(b) An immunization against the disease is medically contraindicated for the child.

(c) An immunization against the disease is not medically appropriate for the child's age.

(2) A statement from the child's parent that he or she has declined to have the child immunized against the disease for reasons of conscience, including religious convictions.

(D) What are the health care plan requirements for caring for children with specific chronic health conditions or diagnoses for a licensed family child care provider?

(1) Use a health care plan form that is equivalent in content to the DCY 01236 "Health Care Plan Documentation & Permission to Administer Medication" form, if the DCY 01236 is not used, for children with a chronic condition or diagnosis that requires the following:

(a) Monitoring the child for symptoms which require the staff to take action.

(b) Ongoing administration of medication or medical foods.

(c) Performing medical procedures which require trained staff.

(d) Avoiding specific food(s), environmental conditions or activities.

(e) A school-age child to carry and administer their own emergency medication.

(2) The provider is to:

(a) Ensure that there is documentation for each chronic condition or diagnosis.

(b) Accept documentation and/or instructions from a physician, PA or APRN as a substitute for a DCY 01236 (or equivalent) form.

(c) Ensure that there is, at all times, at least one trained child care staff member on-site to perform medical procedures and care for the child. This includes ensuring there is a trained child care staff member on-site at field trips. A list of trained staff is to be kept on file.

(d) Keep the documentation of a chronic health condition or diagnosis in a location that can be easily and quickly accessed, including being removed from the home if there is an emergency that requires the children to be moved to another location.

(3) Documentation of a chronic health condition or diagnosis is to be reviewed by the parent at least annually and updated as needed, including an updated list of trained child care staff members, if applicable.

(4) Documentation of a chronic health condition or diagnosis is to be on file at the home by the first day of attendance or upon confirmation of a health condition.

(5) If the provider suspects that a child has a chronic health condition or diagnosis, the provider may require a physician's statement within a designated timeframe.

(6) Only staff trained on the child's needs and required procedures are permitted to perform medical procedures or other action needed for a chronic health condition or diagnosis.

(E) What information regarding children's records can be shared?

Children's records are confidential but are to be available to DCY and the county agency for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5180:2-13 of the Administrative Code. The immunization records are subject to review by the Ohio department of health (ODH) for disease outbreak control and for immunization level assessment purposes.

(F) How long are child records to be kept on file by the provider?

All child records, documentation of a child's chronic health condition or diagnosis and written permission to administer medication or medical foods from parents or physicians are to be kept on file for twelve months from the date the documentation is signed or updated, whichever is later, even if the child no longer attends the program or the documentation is no longer required for the child.

View Appendix

Last updated July 1, 2026 at 8:36 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-16 Emergency and health-related plans for a licensed family child care provider.

(A) What are the emergency posting, weather emergency drill and safety drill requirements for a licensed family child care provider?

The family child care provider shall:

(1) Post emergency phone numbers, readily in view in spaces used by children. Phone numbers are to include the seven digit backup number as well as the area code if area code must be dialed to complete the call and include the following emergency numbers:

(a) Emergency squad.

(b) Hospital.

(c) Police department.

(d) Fire department.

(e) Poison control.

(f) Public children's services agency (PCSA).

(g) Local health department.

(h) Local emergency management agency (EMA).

(2) Post a weather and fire alert plan in each space used by the children. The plan shall include a diagram indicating evacuation routes and any instructions needed to safely evacuate.

(3) Conduct monthly fire drills at varying times. Written documentation of these drills shall be kept on-site.

(4) Conduct monthly weather emergency drills in the months March through September. Written documentation of these drills shall be kept on-site.

(5) Conduct emergency/lockdown drills in each quarter of the calendar year. Written documentation of these drills shall be kept on-site.

(B) What are the first aid kit requirements for a licensed family child care provider?

(1) An unlocked, closed first-aid container shall be on the premises and kept out of reach of children.

(2) Adequate and sufficient first aid supplies are to be readily available at all times the program is in operation, including on field trips. This includes, at a minimum, band-aids, gauze squares, adhesive tape, an instant ice pack, disposable non-latex gloves, and a working digital thermometer. First aid kits are to be reviewed and replaced regularly by the provider or staff member.

(C) What are the specific procedures the licensed family child care provider needs to follow for standard precautions?

(1) Blood spills shall be treated cautiously and decontaminated promptly. Disposable non-latex gloves shall be worn during contact with blood or bodily fluids which contain blood, such as vomit or feces in which blood can be seen.

(2) Surfaces contaminated with blood or bodily fluids containing blood shall first be cleaned with hot, soapy water and then sanitized with an appropriate bleach solution which is prepared on a daily basis, according to product guidelines or other acceptable disinfectant solution which is environmental protection agency (EPA) rated as hospital disinfectant with a label claim for mycobactericidal activity.

(3) Disposal of materials that contain blood requires a sealable, leak-proof plastic bag or double bagging in plastic bags that are securely tied.

(4) Non-disposable items, such as clothing that contain blood, shall be placed in a sealable, leakproof plastic bag or double bagged in plastic bags that are securely tied and sent home with the child.

(5) Sharp items used for procedures on children with special care needs, such as lancets for finger sticks or syringes, require a disposable container called a "sharps container." This is a container made of durable, rigid material which safely stores the lancets or needles until they are disposed of properly. Sharps containers shall be stored out of the reach of children.

(D) What are the communicable disease requirements for a licensed family child care provider?

(1) If the provider cares for sick children, the provider shall follow the guidelines detailed in appendix A to this rule.

(2) The DCY 08087 "Communicable Disease Chart" shall be posted in a location readily available to parents, child care staff members, employees, and residents. The chart is to be displayed in the size available in the Ohio department of job and family services (ODJFS) forms central in order for individuals to easily read, identify and respond to communicable diseases.

(a) The provider is to follow the reporting requirements listed on the DCY 08087.

(b) If the communicable disease is required to be reported to the local health department, the provider is to report the communicable disease to the Ohio department of children and youth (DCY) in accordance with paragraph (G) of this rule by the end of the next business day.

(3) No later than the end of the next business day, the provider shall notify parents when their child has been exposed to a communicable disease listed on the DCY 08087.

(4) All the requirements of this rule shall apply if the provider's own child is sick.

(5) The provider shall release employees and child care staff members who have a communicable disease or who are unable to perform their duties due to illness.

(E) When shall a family child care provider complete the DCY 01299 "Incident/Injury Report for Child Care"?

(1) The family child care provider shall complete the DCY 01299 and provide a copy to the child's parent or the person picking up the child on the day of the incident or injury if:

(a) A child becomes ill or receives an injury which requires first aid treatment.

(b) A child is transported in accordance with this rule to a source of emergency assistance.

(c) A child receives a bump or blow to the head.

(d) An unusual or unexpected incident occurs which jeopardizes the safety of a child or provider, such as a child leaving the home unattended, a vehicle accident with or without injuries or exposure of children to a threatening person or situation.

(2) Copies of the DCY 01299 shall be kept on file at the home for least one year and shall be available for review by DCY or the county agency.

(F) What is a serious incident?

(1) Death of a child at the home.

(2) An incident, injury, or illness that requires professional medical consultation or treatment for a child.

(3) An unusual or unexpected incident which jeopardizes the safety of a child, resident, child care staff member or employee of a family child care home.

(4) An incident defined as a serious risk non-compliance in appendix A to rule 5180:2-13-03 of the Administrative Code.

(G) What does the licensed family child care provider do if there is a serious incident?

(1) The licensed family child care provider shall log in to the Ohio statewide licensing system by the next business day to report the incident, as defined in paragraph (F) of this rule.

(2) This notification does not replace reporting to the public children's services agency or law enforcement if there are concerns of child abuse or neglect as required by rule 5180:2-13-19 of the Administrative Code.

(3) The provider may print the completed serious incident report in the Ohio statewide licensing system and give to the parent to meet the parent notification requirements of paragraph (E) of this rule.

(4) If a child is transported by anyone other than a parent for emergency treatment, the child's health and medical records required by rule 5180:2-13-15 of the Administrative Code are to accompany the child.

(H) What are the emergency preparedness and response plan (EPRP) requirements for a licensed family child care provider?

The licensed family child care provider is to develop a written EPRP and train child care staff members and employees on the plan annually. Written documentation of this training is to be kept on-site.

(1) The EPRP shall include procedures that will be used to prepare for and respond to the following types of emergency or disaster situations:

(a) Medical or dental emergencies, including emergency transportation.

(b) Weather emergencies and natural disasters which include severe thunderstorms, tornadoes, flash flooding, major snowfall, blizzards, ice storms or earthquakes.

(c) Emergency outdoor or indoor lockdown or evacuation due to threats of violence which includes active shooter, bioterrorism or terrorism.

(d) Emergency or disaster evacuations due to hazardous materials and spills, gas leaks or bomb threats.

(e) Outbreaks, epidemics or other infectious disease emergencies.

(f) Loss of power, water or heat.

(g) Other threatening situations that may pose a health or safety hazard to the children in the home.

(2) The EPRP is to include details for:

(a) Emergency numbers for medical, dental, and transport-related emergencies, if other than 9-1-1.

(b) Shelter in place or evacuation, how the home will care for and account for the children until they can be reunited with the parent.

(c) Assisting infants, toddlers and children with special needs and/or health conditions.

(d) Selecting and relocating to a designated safe site where children and staff can safely remain if evacuated.

(e) Reunification with parents.

(i) Emergency contact information for the parents and the provider.

(ii) Procedures for notifying and communicating with parents regarding the location of the children if evacuated.

(iii) Procedures for communicating with parents during loss of communications, no phone or internet service available.

(f) The location of supplies and procedures for gathering necessary supplies for staff and children if required to shelter in place.

(g) What to do if a disaster occurs during the transport of children or when on a field trip or routine trip.

(h) Making the EPRP available to all child care staff members and employees.

(i) Training of staff or reassignment of staff duties as appropriate.

(j) Updating the EPRP on a yearly basis.

(k) Contact with local emergency management officials.

View Appendix

Last updated July 1, 2026 at 8:36 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-17 Programming and materials for a licensed family child care provider.

(A) What are the programming requirements for a licensed family child care provider?

The requirements include:

(1) Posting the daily schedule in a visible place in the home.

(2) Providing opportunities for both quiet and active play suitable to the developmental levels and abilities of each child in care.

(3) Providing activities to promote the children's physical, social-emotional, cognitive and language development.

(4) Providing opportunities for periods of child initiated activities such as, imaginative play, language development and creative activities.

(5) Providing outdoor play in suitable weather. Suitable weather is at a minimum twenty-five to ninety degrees Fahrenheit.

(a) For any infant over twelve months of age, toddler, preschool and school-age child in attendance four or more consecutive daylight hours.

(b) If only one staff member is present and there is an infant under twelve months of age in care, the provider is exempt from this requirement.

(6) Indoor gross motor play such as, climbing, jumping, running, riding wheel toys, yoga, other physical fitness or music and movement on days when outdoor play is not provided.

(B) What materials and equipment are required for a licensed family child care provider?

The family child care provider shall:

(1) Provide durable furniture such as tables and chairs. This furniture shall be child sized or safely adapted for use by children.

(2) Provide developmentally appropriate play materials to be used as part of the daily schedule. These materials shall be readily accessible and arranged in an orderly manner so that children have opportunities to select, remove and replace play materials with minimal assistance during the day.

(a) The family child care provider shall have materials from each category in appendix A to this rule for infants, toddlers and preschool-age children.

(b) The family child care provider shall have materials from at least five of the nine categories in appendix A to this rule for school-age children.

(3) Ensure that equipment, materials, and furnishings provided for both indoor and outdoor play are:

(a) Varied and adequate to meet the developmental needs of the children.

(b) Sufficient in quantity that each child can be actively involved in an activity.

(4) Designate an area where children can individually store their personal belongings. This area shall not block walkways or evacuation routes.

View Appendix

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-18 Group size and ratios for a licensed family child care provider.

(A) What are the requirements for staff/child ratios and maximum group size for a licensed family child care provider?

(1) Each child care staff member shall care for no more than seven children at any one time. No more than three of those children may be under two years of age.

(2) In a type A home, care can be provided for no more than fourteen children at any one time. No more than three of those children may be under two years of age per child care staff member.

(3) In a type B home, care can be provided for no more than seven children at any one time. No more than three of those children may be under two years of age at any one time.

(4) The family child care provider shall not exceed the license capacity at any time when caring for children during the provider's hours of operation.

(5) The family child care provider shall ensure that the required staff/child ratios are maintained at all times including during routine trips and field trips.

(B) What children in the home are counted in ratio and group size?

(1) Any child present at the home who meets any of the following shall be counted in the group size:

(a) All children under six years old, including those related to the provider, the provider's own children and residents of the family child care home.

(b) Children six years old through fourteen years old who are not related to the provider.

(c) Children six years old up to fifteen years old who are related to the provider and for whom care is privately or publicly funded.

(d) Children fifteen years old through seventeen years old who are authorized to the provider for publicly funded child care pursuant to Chapters 5180:2-16 and 5180:6-1 of the Administrative Code.

(e) Foster children are counted as a child related to the provider.

(2) If the parent of a child is also present and caring for the child, the child does not count in group size, unless the parent is the licensed family child care provider, a resident of the family child care home, an employee, or a child care staff member.

(C) What are the requirements for providers to keep an attendance record?

(1) The provider shall have dated written or electronic documentation of the following for each child:

(a) The name and birth date of the child.

(b) The assigned group for the child.

(c) The child's weekly schedule.

(d) The time (hours and minutes) of the child's arrival and departure to the program, including transportation by the program. Ohio's automated child care system cannot be used to meet this written documentation requirement.

(e) The written or electronic documentation shall be kept for a period of one year. Attendance documentation shall remain at the home at all times.

(2) Each group shall have a method for tracking the children in the group. This tracking method shall include the child's name and date of birth and shall remain with the group at all times throughout the day including outdoor play, emergency evacuations and when groups are combined. The tracking shall be updated throughout the day as children enter or leave the group.

Last updated July 1, 2026 at 8:37 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-19 Supervision of children and child guidance for a licensed family child care provider.

(A) What are the requirements for supervision for a licensed family child care provider and child care staff members?

The family child care provider and each child care staff member shall:

(1) Leave no child unsupervised. Supervision means:

(a) Ensuring children are within sight or hearing at all times.

(b) Being aware of the developmental and behavioral needs as well as parental preferences of the child(ren) in care.

(c) Maintaining situational awareness of the children in care for at all times. Maintaining situational awareness may include the use of analog or digital technology (including mirrors) to supplement direct observation of the children in care but may not be the sole means of observation. It also includes, but is not limited to, being:

(i) Aware of the activity a child is engaged in and being near enough to protect children from harm, meet their basic needs and respond to emergency circumstances.

(ii) Near enough to observe, respond and anticipate reasonably foreseeable hazards and threats.

(iii) Able to summon another adult for assistance in an emergency.

(2) Not be under the influence of any substance that impairs the provider or child care staff member's ability to supervise children and/or perform duties.

(3) Always have immediate access to a working phone on the premises which is available and capable of making outgoing calls and receiving incoming calls. A backup method of communication, including but not limited to email, text messaging services or an additional phone is to be accessible when the primary phone is in use.

(4) Only release a child to the parent or to a person who has been previously approved by the parent.

(5) Limit children's exposure to inappropriate language, behavior or media. This includes inappropriate actions by the following, but not limited to, non-staff adults, parents, residents and other children.

(6) Supervise outdoor play.

(a) The provider or child care staff member shall remain outdoors with infants, toddlers and preschoolers at all times.

(b) School-age children may be permitted in the on-site outdoor play space without the provider or child care staff as long as the children remain within sight and hearing of the provider or child care staff if both of the following occur:

(i) The children are not engaged in higher risk activities such as but not limited to swimming, activities with animals or using equipment with motors or moving parts.

(ii) The provider or child care staff member are always able to intervene if needed.

(c) When the outdoor play space is not on the premises, the provider or child care staff member shall accompany and supervise all children in transit and at the outdoor play space.

(B) What are the requirements for supervision of school-age children?

(1) With written parent permission, school-age children may leave the provider's home for specific activities, including:

(a) Walking to and from the provider's home or school.

(b) Walking home or to another destination.

(2) The written permission shall specify:

(a) Child's name.

(b) Location of the activity.

(c) Arrangements for going to and from the activity.

(d) Start and end time of the activity.

(e) Time period for when the permission is given.

(f) Parent's signature and date.

(C) What are the child guidance techniques to be used in the licensed family child care home?

(1) The provider, child care staff members and substitutes shall follow appendix A to this rule regarding guidance techniques to be used with children.

(2) The provider shall communicate and consult with the parent prior to implementing a specific behavior management plan. This plan shall be in writing, signed by the parent and shall be consistent with the requirements of this rule.

(3) When a child is expelled from the family child care home for a behavioral reason, the expulsion is to be reported in the Ohio statewide licensing system in accordance with paragraph (G) of rule 5180:2-13-16 of the Administrative Code.

(D) What are the child abuse and/or neglect reporting requirements?

The provider, employee or child care staff member who has reasonable cause to suspect that a child has been abused or neglected is to immediately make a report in accordance with section 2151.421 of the Revised Code.

View Appendix

Last updated July 1, 2026 at 8:37 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-20 Sleeping and napping requirements for a licensed family child care provider.

(A) What are the sleep and nap requirements for a licensed family child care provider?

(1) The family child care provider shall provide a quiet space for children who want to rest, nap or sleep, including provider's own children.

(2) Nap and rest time shall be in accordance with the developmental needs of the child.

(3) Rest or nap areas shall be lighted to allow for visual supervision of all children at all times.

(4) Any child who does not fall asleep during a designated nap time shall have the opportunity to engage in quiet activities.

(5) Evacuation routes shall not be blocked by resting or napping children. Each child shall have a free and direct means of escape, and the provider shall have a clear path to each resting child.

(B) Where may children nap or rest at the home?

(1) The family child care provider may assign cribs, playpens, beds, couches, cots or mats to individual children.

(2) An air mattress designed for overnight sleeping may be used. All manufacturer's warnings are to be followed. Air mattresses designed for use as flotation devices shall not be used for napping or sleeping.

(3) A mat is a pad that is at least one inch thick and at least as wide and long as the child using the mat.

(4) A cot shall stand at least three inches and not more than eighteen inches off the floor. The cot shall be firm enough to support the child, but shall be resilient under pressure. Each cot shall be at least thirty-six inches in length and at least as long as the child assigned to the cot is tall.

(5) No child shall be permitted to rest, nap or sleep on the floor without a mat, pad or cot.

(C) What are the crib and playpen requirements for a licensed family child care provider?

(1) Unless the infant meets the requirements of paragraph (D) of this rule, each infant in attendance shall have a separate crib or playpen that meets the following requirements:

(a) Any crib manufactured before June 28, 2011 shall have a certificate of compliance (COC) on file. The provider may have to contact the manufacturer of the crib to receive a COC if they do not request one from the retailer when they purchase the crib.

(b) Cribs with a documented manufacture date after June 28, 2011 have to meet the new federal standards to be sold, so they do not require a COC. The date of manufacture is to be attached to the crib.

(c) Cribs and playpens shall be used according to manufacturer's instructions.

(d) Each crib and playpen shall be of sturdy construction and have:

(i) Closely spaced bars with corner posts that do not exceed one sixteenth of an inch above the top of the end panel.

(ii) Spaces between the bars of the crib or playpen and between the bars and end panels of the crib or playpen shall not exceed two and three-eighths inches.

(iii) Playpen mesh openings shall be less than one quarter inch.

(e) Cribs and playpens shall be used with the mattress supports in their lowest positions and the sides in the highest positions.

(f) Each crib shall have a firm mattress that is at least one and one half inches thick.

(g) Each playpen shall have a firm mattress or pad that does not exceed one inch in thickness.

(h) The space between the mattress and the side or end panels of the crib or playpen shall not exceed one and one-half inches.

(i) Each mattress shall be securely covered with a waterproof material which can be thoroughly sanitized and is not dangerous to children. The waterproof cover shall be free of rips or tears.

(j) Each mattress shall have a properly fitted clean sheet that is changed at least weekly, when soiled and before another child uses the mattress.

(2) Stacked cribs are prohibited.

(3) Bumper pads shall not be used.

(4) Nothing shall be placed or hung over the side that obstructs the provider's view of the infant.

(5) Infants shall not be placed in cribs with bibs or any other items which could pose a strangulation or suffocation risk.

(6) No blankets shall be in the crib or playpen for infants under twelve months old. A one-piece sleeper or wearable blanket is permitted. Only children who are not yet able to roll-over are permitted to be swaddled using a wearable swaddling blanket.

(7) The cribs or playpens may be placed in storage on the premises if not currently assigned to an infant.

(8) Infants shall be placed in their cribs or playpens for sleeping, and shall not be allowed to sleep in bassinets, swings, car seats or other equipment. If a medical condition exists where a child needs to sleep in equipment other than a crib or playpen, written permission shall be obtained from a physician and shall be on file.

(9) Infants under twelve months old shall be placed on their backs to sleep unless the parent provides written authorization on the JFS 01235 "Sleep Position Waiver Statement for Child Care" signed by the child's physician. The JFS 01235 shall be maintained on file for review and is valid for one year. Infants who are able to roll from back to front and front to back shall be placed initially on their back for sleeping but allowed to remain in a position they prefer.

(10) Cribs or playpens assigned to a child shall not be used for storage of toys and other materials.

(D) When shall children stop using cribs or playpens?

(1) When the child is able to climb out of the crib or playpen.

(2) When the child reaches the height of thirty-five inches.

(3) An infant twelve months or older may use a cot, pad or mat with written permission from the parent.

(4) If the use of a crib or playpen is considered hazardous for a child, regardless of age, the infant may use a cot or mat with written permission from the parent.

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-21 Evening and overnight care for a licensed family child care provider.

(A) When is a licensed family child care provider considered to be providing non-traditional (evening and overnight) care?

(1) Evening care is provided when children are in attendance anytime between the hours of seven p.m. and midnight.

(2) Overnight care is provided when children are in attendance anytime between the hours of seven p.m. and six a.m.

(B) What is required when evening and overnight care is provided?

If the licensed family child care provider has evening or overnight care, the following are required:

(1) The provider and/or child care staff member shall remain awake until all children are asleep.

(2) The home shall provide adequate lighting indoors in all areas, including bathrooms, hallways and sleeping rooms to ensure that children can be seen by the provider.

(3) When parents arrive or depart after daylight hours, the provider shall assure that outdoor walkways and entrances to be used are adequately lighted for safety and security.

(C) What is required when children are sleeping or preparing for bedtime in a licensed family child care home?

(1) The provider is to have a monitoring device that ensures sight or hearing at all times.

(2) Children under the age of five are to sleep on the same floor as the provider and/or child care staff member.

(3) Children may only sleep during evening and overnight care in areas that have been approved for sleeping.

(4) Bedtime routines are to be developed and followed in consultation with the parents of the children.

(D) What sanitary environment and additional hygiene stipulations shall be followed by the provider or child care staff member?

The provider or child care staff member shall:

(1) Ensure that each child who sleeps at the home for four or more hours has clean, comfortable sleeping clothes.

(2) Assist children during washing and changing clothes according to children's developmental needs.

(3) Separate school-age boys from school-age girls during washing and while changing clothes to ensure privacy.

(4) If the child has a bedtime routine occurring at the program, ensure that each child has a clean, individual washcloth, towel and toothbrush, as appropriate for the age of the child, and labeled with the child's name.

(5) Provide children access to running water, liquid soap and toothpaste.

(6) Ensure bathtubs and showers are equipped to prevent slipping, if the home provides bathing. The provider shall also have written permission from the parent prior to allowing the child to bathe.

(7) Ensure bath tubs and showers are cleaned and sanitized after each use. The tub or showers do not have to be sanitized between uses if the children are siblings and the parent has provided written consent. All children shall bathe separately unless the children are siblings and the parent has provided written consent that the children can be bathed together.

Last updated July 1, 2026 at 8:37 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-22 Meal preparation/nutritional requirements for a licensed family child care provider.

(A) What are the requirements for meals and snacks for a licensed family child care provider?

The family child care provider is to:

(1) Offer varied, nutritious and appropriately timed meals and snacks.

(2) Offer food from the basic five food groups: protein, grains, fruits, vegetables and dairy.

(a) Breakfast consists of food from three of the five basic food groups.

(b) Meals consist of food from five of the basic food groups.

(c) Snacks consist of food from two of the five basic food groups.

(3) Offer food that is not a choking hazard, and that is developmentally appropriate in size, amount and texture.

(4) Offer meals and snacks according to the posted current weekly menu, and spaced no more than four hours apart.

(a) The menus shall be posted in a visible place readily accessible to parents.

(b) The menus shall include all meals and snacks being served by the provider, any substitutions shall be noted at the time of the change.

(5) Offer milk based on parental preference.

(6) Offer only one hundred per cent, undiluted fruit or vegetable juice, if used to meet the fruit or vegetable requirement for meals and snacks. Other fruit or vegetable juice is permitted as a beverage alternative.

(7) Offer food to ensure that no child goes more than four hours without at least a meal, except when sleeping.

(8) Obtain a physician's written instructions if administering a medical food to any child or if an entire food group is eliminated. When special diets are required for cultural or religious reasons, the provider shall obtain written, dated and signed instructions from the child's parent unless the special diet is part of the provider's program.

(9) Set its own policy regarding the accommodation of a parent's alternate diet for a child when the provider provides the meal.

(10) Provide for the safe storage of all food, including milk (formula and breast milk for infants). If safe storage of milk is not available on routine trips or field trips, milk may be served at snack instead of at the meal.

(11) Have provisions for safe storage of parent provided food.

(12) Have drinking water freely available to children throughout the day. Individual water bottles are to be labeled with the child's name.

(13) Ensure individual servings or individual packages of food or drink that have been served to a child be discarded or sent home with the child if not consumed during meal or snack time. Food or drink that is individually packaged and the package has not been opened may be stored at the provider's home to be served again or sent home.

(14) Not have screens (television, computer, etc.) on during meals and snacks.

(B) What requirements shall a family child care provider implement for safe, independent self-feeding?

The family child care provider shall ensure that:

(1) Food is not served on bare tables. Food for infants may be placed directly on an individual highchair tray if the tray is removed, washed and sanitized.

(2) Eating utensils and dishes are suitable for the age and developmental level of the children.

Last updated July 1, 2026 at 8:37 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-23 Infant care and diaper care for a licensed family child care provider.

(A) What are the requirements for infant daily care?

(1) The licensed family child care provider shall:

(a) Allow infants to safely and comfortably sit, crawl, toddle, walk and play according to the infant's stage of development.

(b) Remove each infant from the crib, swing, infant seat, exercise seat or other equipment throughout the day for individual attention.

(c) Provide each non-crawling infant the opportunity for tummy time, outside of their crib or playpen, each day.

(d) Maintain a daily written record for each infant that is provided to the infant's parent or person picking up the infant on a daily basis. The record shall include the following information:

(i) Food intake.

(ii) Sleeping patterns.

(iii) Times and results of diaper changes.

(iv) Information about daily activities.

(2) Each infant shall be removed from his or her crib or playpen for all feedings. Infants shall be held or fed sitting up for bottled feedings. At no time shall a bottle be propped for an infant.

(B) What are the requirements for infant bottle and food preparation?

The family child care provider shall:

(1) Prepare and serve infant food in a manner appropriate to the developmental needs of each child. The family child care provider shall introduce new foods only after consultation with the parent. The provider shall comply with written feeding instructions from the infant's parent, physician, physician's assistant or certified nurse practitioner (CNP), which shall include the following:

(a) Type of food and/or formula/breast milk.

(b) Amount of food and/or formula/breast milk.

(c) Feeding times or frequency of feedings.

(2) Require the parent to update the written feeding instructions as needed.

(3) Not feed any foods, other than formula or breast milk, to infants under four months of age, unless there is written documentation on file from a physician, physician's assistant or CNP.

(4) Ensure that formula, breast milk, or other liquids in a bottle are not heated in a microwave oven.

(a) If formula or breast milk is to be warmed, bottles shall be placed in a container of water not hotter than one hundred twenty degrees or be placed in a commercial bottle warmer. The container of water shall be kept out of reach of children and shall be emptied and cleaned each day. The bottle shall be shaken well, and the formula or breast milk temperature tested before feeding.

(b) Frozen breast milk shall be thawed under cold running water or in the refrigerator.

(5) Ensure that the unused portion of formula, breast milk or food remaining in a container from which the infant has been directly fed shall not be reheated or served again.

(6) If the provider prepares infant formula they shall do so according to the manufacturer's instructions or instructions from the infant's physician, physician assistant or CNP.

(7) Ensure that open containers of ready-to-feed and concentrated formula shall be covered, dated and refrigerated according to the manufacturer's instructions. Prepared formula and food shall be discarded or sent home daily if not used.

(8) Label all bottles or prepared food with the infant's name and date of preparation. All formula shall be refrigerated immediately after preparation or upon arrival if the formula is prepared by the parent. All commercially prepared food shall be stored according to manufacturer's instructions and not served after the expiration date.

(9) Ensure that if breast milk is provided by the parent, it shall be labeled with the infant's name, the date pumped, and the date the bottle was prepared. Providers shall follow the chart in appendix A to this rule for storing breast milk.

(C) What are the requirements for diapering?

(1) The family child care provider shall change a child's diaper immediately when wet or soiled.

(2) Clothing shall be changed immediately when wet or soiled.

(3) When changing diapers the provider is to comply with the following:

(a) The provider shall wash all soiled areas of the child's body with either a wash cloth which is then appropriately sanitized, or a disposable wipe.

(b) If a diaper-changing surface is used to change more than one child, the provider shall place a disposable separation material between the child and the changing surface. A different separation material shall be used for each diaper change.

(c) If a diapering product is used on more than one child:

(i) The container shall not touch the child to avoid cross contamination.

(ii) The product shall be administered to avoid cross contamination.

(d) No child shall be left unattended on the diaper changing table.

(e) If using gloves while diapering, the provider is to use non-latex gloves.

(4) The family child care provider shall store and launder soiled diapers or clothing as follows:

(a) If soiled diapers or clothing are to be sent home with a parent, the provider shall store the diapers or clothing for no longer than one day in an individual covered container or plastic bag away from the child's belongings and out of the reach of children.

(b) The provider shall store soiled diapers and diapering washcloths, which are to be laundered in the provider's home, in a covered container with sanitizing solution.

(c) If soiled diapers are to be commercially laundered, the provider shall hold them for laundering pickup for no longer than seven days.

(d) The provider shall store soiled disposable diapers in a plastic-lined covered container that prevents hand contamination and is not easily accessible to children and discard diapers daily or more frequently as needed to eliminate odor.

(e) If the provider is laundering diapers, the provider shall follow the manufacturer's guidelines.

(5) Toilet training shall occur based on a child's readiness and consultation with the parent regarding practices in the child's home. The provider shall ensure that toilet training is never forced.

View Appendix

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-24 Swimming and water safety requirements for a licensed family child care provider.

(A) Are on-site pools allowed to be used at a licensed family child care home?

(1) If the family child care provider has a swimming pool located on the premises, the provider shall make the pool inaccessible to children who are in care by a fence or other physical barrier (the locked house door is not a sufficient barrier) that prevents children from accessing the water. A pool shall meet at least one of the following barrier options:

(a) For in-ground or at ground level pool:

(i) A barrier that prevents a child from going around, under or through to access the pool water and the means of access to the pool (i.e. ladder, gate to deck) is secured, locked or removed to prevent access to pool water.

(ii) A fence that is at least four feet tall that separates the pool from the play area.

(iii) A secure cover that meets the following standards:

(a) Inhibits access to the pool water.

(b) Demonstrates an opening is sufficiently small and strong enough to prevent an infant from passing through.

(c) Is able to hold a weight of at least four hundred eighty-five pounds.

(d) Has manufacture safety label attached.

(e) Prevents water collecting on the cover surface.

(b) For an above ground or above ground level pool:

(i) A minimum of four feet walls (four feet above ground level) that are non-climbable and non-inflatable and the means of access to the pool (i.e. ladder, gate to deck) is secured, locked or removed to prevent access to pool water.

(ii) A fence that is at least four feet tall that separates the pool from the play area.

(iii) A secure cover that meets the following standards:

(a) Inhibits access to the pool water.

(b) Demonstrates an opening is sufficiently small and strong enough to prevent an infant from passing through.

(c) Is able to hold a weight of at least four hundred eighty-five pounds.

(d) Has manufacture safety label attached.

(e) Prevents water collecting on the cover surface.

(2) The provider shall not permit use of the pool by children in care.

(B) What are the requirements for swimming sites for licensed family child care?

(1) Approved off-site swimming sites shall meet all state and local guidelines for environmental health inspections. Activities in bodies of water more than eighteen inches in depth shall be supervised by people who are currently certified as lifeguards or water safety instructors by the "American Red Cross" or an equivalent water safety program, as determined by the Ohio department of job and family services (ODJFS). If the lifeguard is a child care staff member, they shall not be counted as a child care staff member in the staff/child ratio.

(2) Pursuant to rule 5101:2-13-19 of the Administrative Code, the provider shall actively supervise children and shall be able to clearly see all parts of the swimming area, including the bottom of the pool. The provider shall not serve as the life guard.

(3) The use of saunas, hot tubs and spas by children is prohibited and these items shall be inaccessible to them.

(4) Swimming in lakes, rivers, ponds, creeks or other similar bodies of water is prohibited.

(5) The provider may use wading pools less than eighteen inches in wall height regardless of the amount of water put into it.

(a) Wading pools shall be filtered or emptied daily, and portable wading pools shall be disinfected daily or more often if needed.

(b) The provider shall supervise children at all times while a wading pool is in use and shall be able to clearly see all parts of the wading area.

(C) What are the requirements for parental permission for water and swimming activities?

(1) The provider shall have written permission from the parent when water is directly accessible to children and for the following activities:

(a) Before the child swims or plays in water eighteen inches or more in depth.

(b) Before the child participates in activities in or on water eighteen inches or more in depth.

(c) Before infants and toddlers use wading pools.

(2) Written parental permission shall be on file for one year at the home. Written permission for on-going activities such as the wading pools shall be updated annually.

(D) What shall be included in the written parental permission?

(1) Child's name and date of birth.

(2) Statement indicating whether the child is a non-swimmer or capable of swimming.

(3) Location of the water activities or swimming site by water of eighteen or more inches in depth.

(4) A statement of whether or not the provider is providing additional adults or child care staff members above the licensing ratio requirements for this activity.

(5) A signature and date from the parent indicating permission for the activity.

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-25 Medication administration.

(A) What is required to administer medication to a child in a licensed family child care home?

(1) Written permission from a parent is required for the family child care provider or child care staff member to administer the following to a child:

(a) All prescription medication.

(b) All non-prescription medication.

(c) All sample medication.

(d) All medical foods.

(e) Topical products and lotions. Written parental permission is not required for lip balm use or for using hand sanitizer with children older than twenty-four months.

(2) A record of medication(s) and medical food(s) administered is to be kept for each child containing:

(a) Name of child.

(b) Name of medication and dosage.

(c) Date and time administered.

(d) Signature of the provider or child care staff member that administered the medication.

(e) A record of medication administered is not required for non-prescription topical products and lotions.

(3) The Ohio department of children and youth (DCY) 01236 "Health Care Plan Documentation & Permission to Administer Medication" may be used to document medication administration.

(B) Who can provide instructions for administering medications or medical foods?

Instructions for administration are required by the following individuals, depending on the type of medication or medical food:

(1) Instructions from a licensed physician, physician assistant (PA), advanced practice registered nurse (APRN) or licensed dentist are required for administering:

(a) Medical foods.

(b) Prescription medications, including samples.

(c) Non-prescription medicines containing aspirin.

(d) Topical preventative products and lotions, when the instructions for use exceed or do not match the manufacturer's instructions, or the non-prescription medication is not stored in original container.

(e) Instructions are not required if the prescription medication is stored in the original container with prescription label that includes the child's full name, exact dosage and directions for use.

(2) Instructions from the child's parent are required when:

(a) Following manufacturer's instructions to administer topical preventative products and lotions.

(b) The non-prescription medication is stored in the original container and used following manufacturer's instructions.

(3) Acceptable documentation formats for all instructions the family child care home utilizes to meet this rule include information provided on, but not limited to, DCY forms, electronic patient chart systems, physician or hospital discharge instructions.

(C) What are the additional requirements for administering medication or medical foods?

When administering medications or medical foods, the family child care provider is to:

(1) Not administer any medication, medical food, or topical product until after the child has received the first dose or application at least once prior to the provider administering a dose or applying the product, to avoid unexpected reactions. Emergency medications for the child are exempt from this requirement.

(2) Not administer any medication, medical food or topical product for any period of time beyond the date indicated by the licensed dentist, licensed physician, PA, APRN or as directed on the manufacturer's instructions.

(3) Apply non-prescription topical products and lotions according to the manufacturer's instructions.

(4) Document each administration or application immediately after administering, including when school-age children administer their own medication. This excludes non-prescription topical products and lotions.

(5) Follow prescribed dosages or the manufacturer's recommended dosages for administering non-prescription medication.

(6) Complete separate documentation for each medication to be administered for each child, excluding the exempted items in paragraph (A)(2)(e) of this rule. Written permission is valid for the time period specified on the permission, not to exceed twelve months from the date of signature.

(D) What are the requirements for storing medication, topical products and medical foods in a licensed family child care home?

The family child care provider is to:

(1) Safely store all medication, medical foods, and topical products immediately upon arrival at the home. Ensure the medication, medical food, or topical product is stored per the requirements on the label in the original container with the child's name affixed. Non-prescription medications and topicals are to have a manufacturer's label containing directions based on the age and/or weight of the child.

(2) Keep medication, medical foods, and topical products out of the reach of children, unless a school-age child is permitted to carry their own emergency medication and documentation is completed and on file at the home.

(3) Refrigerate, in a separate container, medications, medical foods, or topical products immediately upon arrival at the home if needed.

(4) Ensure that medications, medical foods, and topical products are accessible to employees at all times.

(5) Ensure that medications, medical foods, and topical products are removed from the home when no longer needed. Medication is to be discarded when expired, unless documentation is provided by a physician for continued use.

Last updated July 1, 2026 at 8:37 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-13-26 County agency responsibilities for licensed family child care providers.

(A) What are the responsibilities of the county agency staff for licensed family child care providers?

(1) The county agency shall comply with all requirements set forth in Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative Code.

(2) The county agency is to train anyone employed by the county agency to inspect or investigate licensed family child care homes using the curriculum provided by the Ohio department of job and family services (ODJFS).

(a) The training shall be documented using the form included with the curriculum. Documentation shall be maintained on file at the county agency. The documentation shall remain on file for at least three years after the person is no longer conducting inspections or investigations of licensed family child care homes.

(b) The training shall be completed prior to the person conducting inspections or investigations.

(c) If the curriculum is revised, the county agency shall document that anyone conducting inspections or investigations has reviewed the revised materials or has completed the training again.

(d) The county agency is not to have additional requirements for licensing family child care providers.

(3) The county agency is to follow ODJFS policies and procedures for all responsibilities as assigned.

(B) What documentation shall be maintained by the county and what can be shared?

(1) The county agency shall enter all child care licensing information required in the Ohio child licensing and quality system (OCLQS).

(a) Full inspections within seven business days of inspection.

(b) Revised inspections within seven business days of revision.

(c) Complaint intake data within five business days of receipt of complaint.

(d) Complaint inspections within seven business days of inspection or the completion of a public children services agency (PCSA) investigation, if applicable.

(e) Review of compliance materials within twenty business days of submission.

(2) The county agency shall maintain a case file on all licensed family child care providers. The following certification and licensing documents are to be included in each provider's file using the following retention schedule:

(a) The initial application and all supporting documentation (for the life of the license), unless the information is in OCLQS.

(b) Inspection reports not documented in OCLQS (for five years from the date of the report).

(c) All correspondence with the family child care provider or regarding the license (for five years from the date of the correspondence).

(d) Compliance materials (for five years from the date of the materials).

(e) Copies of all written notices to the provider (for five years from the date of the notices).

(f) Valid copies of the JFS 01176 "Program Notification of Background Check Review for Child Care" for the provider, child care staff members, employees, and residents, (replace after expiration for the life of the license), if not in the Ohio professional registry (OPR).

(3) The files required in paragraph (B)(2) of this rule shall be maintained according to the retention schedule for all open licenses. If a license is closed or revoked, the county agency shall maintain the provider file for two years after the date the license is closed or revoked.

(4) The county agency shall not disseminate the following confidential information:

(a) The identity of an information source or witness to whom confidentiality has been reasonably promised, or the identity of a complainant for whom confidentiality is required.

(b) Any information, when such information would disclose the identity of one to whom such confidentiality has been reasonably promised.

(c) Provider medical records pertaining to the medical history, diagnosis, prognosis or medical condition of the provider, which are generated and maintained in the process of medical treatment, except as authorized by section 1347.08 of the Revised Code if requested by the subject of the report.

(5) As needed, the county agency shall share information with the PCSA or a law enforcement agency concerning an investigation of alleged child abuse or neglect or criminal activity.

(6) A provider shall have the right to access, review and make copies of any information in the county agency or ODJFS files of the provider, except information prohibited by state or federal law. The provider may be accompanied by a representative or other legal representation for this purpose and/or may authorize a legal representative to access such information.

(7) The county agency is responsible for sharing all provider, client and fiscal information with ODJFS during the course of a monitoring review of its licensing program or if ODJFS is investigating a complaint involving the county agency.

(8) ODJFS shall have access to all information in the provider's file.

Last updated January 30, 2026 at 4:05 PM

History

• Effective: October 29, 2021
• Promulgated Under: 119.03

Chapter 5180:2-14 Certification of In-Home Aides

Ohio Adm.Code 5180:2-14-01 Definitions for certified in-home aides.

As used in this chapter:

(A) "Advanced practice registered nurse (APRN)" means a certified registered nurse anesthetist, clinical nurse specialist, certified nurse midwife or certified nurse practitioner (CNP) under Chapter 4723. of the Revised Code.

(B) "Child" means an infant, toddler, preschool or school-age child.

(C) "Child care" per section 5104.01 of the Revised Code means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children and school-age children outside of school hours.

(2) By persons other than their parents, guardians, or custodians.

(3) For part of the twenty-four-hour day.

(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home.

(5) By a provider required by Chapter 5104. of the Revised Code to be licensed or approved by the Ohio department of children and youth (DCY), certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104.32 of the Revised Code.

(D) "Dentist" means a person issued a certificate to practice in accordance with Chapter 4715. of the Revised Code and rules adopted by the state dental board or a comparable body in another state.

(E) "Developmentally appropriate" means curriculum, instruction, environments, and age-appropriate activities that reflect the cognitive, social, and emotional level of the learner and includes the unique abilities or characteristics of a learner or group of learners including learners with disabilities, unique ethnic and/or cultural characteristics, and unique life experiences.

(F) "Field trips" means infrequent or irregularly scheduled excursions from the child's own home.

(G) "Infant" means a child who is under eighteen months of age.

(H) "In-Home Aide" (IHA) means a person who does not reside with the child but provides child care to a child in the child's own home. The child's home will be inspected by the parent, IHA and the county agency.

(I) "Medical food" means food that is formulated to be consumed under the supervision of a physician, physician assistant (PA), or advanced practice registered nurse (APRN) and which is intended for the specific dietary management of a disease or condition.

(J) "Medication" means any substance or preparation which is used to prevent or treat a wound, injury, infection, infirmity, or disease. This includes medication that is over the counter, or prescribed or recommended by a licensed dentist, licensed physician, physician assistant (PA), or advance practice registered nurse (APRN) certified to prescribe medication, and permitted by the parent for administration or application.

(K) "Ohio professional registry" (OPR) is an online professional development tool for Ohio's child care professionals.

(L) "Ohio statewide licensing system" is the DCY system for child care program licensing and step up to quality functions and activities.

(M) "Parent" means the father or mother of a child, an adult who has legal custody of a child, an adult who is the guardian of a child, or an adult who stands in loco parentis with respect to a child, and whose presence in the home is needed as the caretaker of the child. Parent has the same meaning as "caretaker parent" as defined in section 5104.01 of the Revised Code.

(N) "Physician" means a person issued a certificate to practice in accordance with Chapter 4731. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(O) "Physician assistant (PA)" means a person who has obtained a valid certificate to practice in accordance with Chapter 4730. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(P) "Preschool child" means a child who is three years old or older but is not a school-age child.

(Q) "Public children services agency (PCSA)" means an entity specified in section 5153.02 of the Revised Code that has assumed the powers and duties of the children services function prescribed by Chapter 5153. of the Revised Code for a county.

(R) "Publicly funded child care" is the care of infants, toddlers, preschool children and school-age children under age thirteen by an eligible provider. Publicly funded child care is paid, wholly or in part, with federal or state funds, including funds available under the child care block grant act Title IV-E and Title XX, distributed by DCY.

(S) "Routine trips" means repeated excursions off the premises of the home which regularly occur on a previously scheduled basis with parental permission.

(T) "School-age child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above, but is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old.

(U) "Special needs child care" refers to care provided for a child under the age of eighteen who:

(1) Has one or more chronic (ongoing) health conditions; or

(2) Requires additional support due to severe developmental differences in one or more of the following areas:

(a) Social development.

(b) Emotional development.

(c) Cognitive development.

(d) Communication skills.

(e) Perception skills.

(f) Perception and sensory processing.

(g) Motor skills.

(h) Physical health or mobility.

(i) Behavioral development.

(3) These needs require regular and ongoing adaptions and/or daily specialized support to support their child's development. As a result, the level of care needed is significantly increased and leads to ongoing additional expenses for the child care program.

(V) "Supervision" means the process of overseeing the daily operation of the home while children are in the care of the IHA and includes the duty to keep children safe from harm.

(W) "Toddler" means a child who is at least eighteen months of age but less than three years of age.

(X) "Visitor" means an individual who is not considered an IHA but may be temporarily present in the program. A visitor does not have assigned duties, is not used in ratio, or left alone with children.

Last updated July 1, 2026 at 8:39 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-02 Application and approval for certification as an in-home aide.

(A) What is the application process to become a certified in-home aide (IHA)?

A resident of Ohio who wishes to become an IHA in order to provide publicly funded child care (PFCC) is to:

(1) Be at least eighteen years old.

(2) Complete a professional registry profile for the IHA applicant through the Ohio professional registry (OPR).

(3) Register online through the OPR and complete the required pre-certification training for an IHA. The pre-certification training is to have been taken within the two years prior to the application to become an IHA.

(4) Complete and submit an application online in the Ohio statewide licensing system.

(a) An application is not complete until the applicant has provided the following to the Ohio department of children and youth (DCY):

(i) A completed DCY 01642 "In-Home Aide Assurances" by the parent and applicant.

(ii) Verification of completion of a high school education, a high school diploma or Ohio high school equivalence diploma in accordance with the guidelines in appendix A to this rule.

(iii) Documentation of immunizations or exemptions listed in paragraph (B) of this rule pursuant to section 5104.019 of the Revised Code.

(b) Any application submitted without complete and accurate information will need to be amended with complete and accurate information before being certified.

(c) The application will be deleted if the IHA is not ready to be certified after twelve months.

(d) The IHA is to comply with a pre-certification inspection.

(5) Submit the PFCC provider information in the Ohio statewide licensing system, including signing a provider agreement.

(B) What are the immunization record requirements for an IHA?

If not previously submitted to DCY, maintain the following documentation on-site at the home within thirty days from the date of certification as an IHA.

(1) Written evidence of immunization against measles, mumps and rubella (MMR), except that for persons born on or before December 31, 1956, a history of measles or mumps disease may be substituted for the vaccine. A history of rubella disease is not to be substituted for rubella vaccine. Only a laboratory test demonstrating detectable rubella antibodies will be accepted in lieu of rubella vaccine.

(2) Written evidence of immunization against tetanus, diphtheria and pertussis (Tdap) from a licensed physician as defined in Chapter 4731. of the Revised Code, physician assistant (PA), advanced practice registered nurse (APRN) or licensed pharmacist.

(3) A written or electronic statement of immunization exemption for religious or medical reasons.

(a) If the exemption is for religious reasons, written or electronic documentation may be signed by the individual.

(b) If the exemption is for medical reasons, written or electronic documentation is to be signed by a licensed physician, PA, APRN or licensed pharmacist.

(C) What is a valid IHA certificate?

(1) A certificate identifies a provider as the IHA for one location.

(2) A certificate has both the IHA's and child's home addresses.

(3) A certificate designates the maximum number of children in care, including the IHA's own children.

(4) A certificate contains an effective date and is continuous, unless one of the following occurs:

(a) The parent moves to a new address.

(b) The IHA notifies the county agency in the Ohio statewide licensing system of their voluntary withdrawal from certification.

(c) The certificate is revoked pursuant to rule 5180:2-14-14 of the Administrative Code.

(d) When the parent is no longer eligible for PFCC, the IHA certification for this location will close.

(D) What are the responsibilities of a certified IHA?

The IHA is to:

(1) Have the certificate on file in the child's home at all times.

(2) Comply with at least one unannounced inspection each state fiscal year, beginning the next state fiscal year after the certificate was issued.

(3) Keep the following information current in the Ohio statewide licensing system:

(a) Mailing address.

(b) Telephone number.

(c) Email address.

(d) Scheduled days and hours.

(4) Keep the following information current in the OPR:

(a) Individual profile, including an employment record for the IHA.

(b) Organization dashboard.

(c) Scheduled days and hours.

(5) Provide parents with information on any formal screenings and formal and informal assessments completed by the IHA.

(6) Cooperate with other government agencies as necessary to maintain compliance with Chapter 5180:2-14 of the Administrative Code.

(7) Update the Ohio statewide licensing system by the next business day if the IHA discontinues caring for children, so that the county is notified.

(8) Not use or disclose any information concerning the family receiving PFCC to anyone other than the county agency or DCY, except upon written consent of the parent.

(E) What if a certified IHA wants to become certified at a second location?

(1) Complete and submit an initial application online in the Ohio statewide licensing system.

(2) Provide documentation as outlined in paragraph (A)(4)(a) of this rule.

(3) Complete the pre-certification training unless it has been taken within the two years prior to the application for the second location.

(4) Comply with an inspection.

(F) What are the requirements if the parent and child move to a new address?

(1) The IHA is to notify the county agency at least ten days prior to the parent moving to a new address.

(2) The IHA is to submit the parent and child's new address in the Ohio statewide licensing system.

(3) The IHA and family comply with an inspection of the new location.

(4) Upon completion of a new inspection, the county agency is to issue a new certificate for the new address.

(G) Is an IHA an employee of the county agency or DCY?

An individual who receives an IHA certificate to provide PFCC services to a child in their own home is an independent contractor and is not an employee of the county agency that issued the certificate or DCY pursuant to Chapters 5104.12 and 5104.019 of the Revised Code.

(H) What are the IHA responsibilities for addressing non-compliances found during an inspection?

The IHA is to complete and submit a corrective action plan in the Ohio statewide licensing system addressing the non-compliances detailed in the inspection report within the time frame requested in the inspection report.

(I) What if the IHA disagrees with the county's findings?

If a county agency proposes any of the following adverse actions pursuant to Chapter 5180:2-14, 5180:2-16 or 5180:6-1 of the Administrative Code, the IHA may submit a written request for a county review to the county agency no later than ten business days after the mailing date of the county agency's notification:

(1) Denial of an application for certification.

(2) A decision made on an inspection or complaint investigation.

(3) Proposal to revoke a certificate.

View Appendix

Last updated July 1, 2026 at 8:39 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-03 Training requirements for an in-home aide.

(A) What health training is to be completed before an in-home aide (IHA) may be certified?

The IHA is to complete the following prior to certification:

(1) Current certification in first aid and cardiopulmonary resuscitation (CPR). Both the first aid and the CPR trainings are to be appropriate for the ages and developmental levels of the children in care, as described in appendix A to this rule.

(2) Current training in management of communicable diseases as described in appendix A to this rule.

(3) Current training in one of the following child abuse and neglect recognition and prevention trainings:

(a) Ohio department of job and family services (ODJFS) child abuse and neglect recognition and prevention training.

(b) Child abuse and neglect recognition and prevention training as described in appendix A to this rule.

(4) If the IHA meets the trainer requirements in appendix A to this rule for a health training, the person is considered to meet the health training requirement for that health training, pursuant to paragraphs (A) and (B) of this rule.

(5) Audiovisual or electronic media training is not to be used to meet the CPR training requirement pursuant to paragraphs (A)(1) and (B)(1) of this rule unless there is also an in-person component of the training.

(B) What are the on-going health training requirements for a certified IHA?

(1) Maintain current certification in first aid and cardiopulmonary resuscitation (CPR) appropriate for the ages and developmental levels of the children in care, as described in appendix A to this rule.

(2) Maintain current training in management of communicable diseases and child abuse and neglect recognition and prevention, as described in appendix A to this rule.

(C) What are the on-going professional development requirements for a certified IHA?

(1) Maintain documentation of completion of a minimum of six clock hours of training annually in any of the categories listed in appendix B to this rule each fiscal year. The fiscal year is defined as July first through June thirtieth.

(2) Health trainings taken pursuant to paragraphs (A) and (B) of this rule are not to be used to meet the professional development training requirements.

(3) Audiovisual or electronic media training may be used to meet the six hours of annual training.

(4) An IHA certified in the current fiscal year is to complete the professional development hours by the end of the following fiscal year.

(D) What verification is needed on file to document the completed training?

(1) Health trainings are to be documented by one of the following:

(a) Verification from the Ohio professional registry (OPR).

(b) The JFS 01276 "Health Training Documentation for Child Care."

(c) Training cards or certificates issued by the training organization.

(2) Professional development hours are to be documented by one of the following:

(a) Verification from the OPR.

(b) Transcript of completion of college courses from an accredited university, college or technical college.

(i) One quarter credit hour equals ten clock hours of training.

(ii) One semester credit hour equals fifteen clock hours of training.

(c) The JFS 01307 "Professional Development Documentation for Child Care."

(d) Certificates of continuing education units (CEU). One CEU equals ten clock hours of training.

(e) Certificates issued by Ohio child welfare training centers.

View AppendixView Appendix

Last updated January 30, 2026 at 4:07 PM

History

• Effective: November 12, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-04 Background check requirements for a certified in-home aide.

(A) What records are included in a background check?

(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3) National sex offender registry.

(4) State sex offender registry.

(5) Statewide automated child welfare system (SACWIS) records.

(B) When is an individual to complete a background check?

(1) When an individual initially applies to be a certified in-home aide (IHA).

(2) Every five years from the date of the most recent BCI records check.

(3) When an IHA has a break in employment as a certified IHA for longer than the previous one hundred eighty consecutive days, unless the IHA was employed at a licensed child care center, licensed type A home, licensed type B home, an approved child day camp, a preschool or school-age program approved to provide publicly funded child care (PFCC), or was a resident of a licensed type A home or a licensed type B home in the previous one hundred eighty consecutive days.

(4) Visitors, as defined in rule 5180:2-14-01 of the Administrative Code, are not required to complete a background check and are not to be left alone with children at any time.

(C) How is a background check obtained?

The IHA is to:

(1) Create a profile in the Ohio professional registry (OPR).

(2) Submit fingerprints electronically according to the process established by BCI. Have the BCI and FBI results sent directly tothe Ohio department of children and youth (DCY).

(3) Complete and submit the request for a background check for child care in the OPR.

(D) What if an individual previously resided in a state other than Ohio?

(1) DCY will contact any states in which the individual resided in the previous five years to request the information outlined in paragraph (A) of this rule.

(2) Any information received from other states will be reviewed and considered by DCY as part of the background check review pursuant to paragraph (F) of this rule.

(E) What happens if an individual does not complete the full background check determination process?

(1) If the individual completes only the requirements in paragraph (C)(2) of this rule or only the requirements in paragraph (C)(3) of this rule and does not submit the other component within forty-five days, the background check process will end and a determination of eligibility will not be made.

(2) DCY will notify the individual that the background check determination process has ended.

(3) The individual will need to complete the requirements of paragraphs (C)(2) and (C)(3) to restart the background check determination process in the future.

(F) What makes an individual ineligible to be a certified IHA?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code, unless the individual meets the rehabilitation criteria in appendix A to this rule.

(a) Section 109.572 of the Revised Code specifies that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b) A conviction of or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For the purposes of this rule, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(2) Being registered or ordered to be registered on the national or state sex offender registry or repository.

(3) The individual is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date the request for background check was submitted or the individual has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by the person.

(G) What happens after the individual requests the background check and submits fingerprints through a web check location?

(1) The county agency will receive the current DCY 01176 "Program Notification of Background Check Review for Child Care" from DCY.

(a) For an individual eligible for certification as an IHA, the IHA is to keep theDCY 01176 on file if it is not available in the OPR.

(b) For an individual not eligible for certification as an IHA, the county agency is to deny the application for certification pursuant to rule 5180:2-14-14 of the Administrative Code immediately upon receipt of the DCY 01176.

(2) The individual will receive theDCY 01177 "Individual Notification of Background Check Review for Child Care" from DCY.

(a) If the individual believes the information received is not accurate, the individual may directly contact the agency that contributed the questioned information.

(b) If the IHA disagrees with the decision made by DCY, a DCY 01178 "Request for Review of Background Check Decision for Child Care" is to be completed to request a review of the decision. TheDCY 01178 is to be submitted within fourteen business days from the date on theDCY 01177.

(H) What happens after an individual submits a DCY 01178 toDCY?

If an individual requests a review of a background check decision pursuant to paragraph (G)(2)(b) of this rule:

(1) An IHA who is certified is not to serve children during the review.

(2) Upon review, if there is a change in the background check decision, DCY will provide an updatedDCY 01176 to the county agency and an updated DCY 01177 to the individual.

(3) If the individual is determined to be eligible for certification as an IHA, the county agency may allow the IHA to be certified and the IHA is to keep the updatedDCY 01176 on file pursuant to paragraph (G)(1)(a) of this rule.

(4) If the decision is upheld, the individual remains ineligible for employment.

View Appendix

Last updated July 1, 2026 at 8:39 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-05 Safe and sanitary requirements for in-home aides.

(A) What are the safe and sanitary environment and equipment requirements for an in-home aide (IHA)?

(1) The IHA is to provide a safe and healthy environment in the home when children are present.

(2) Equipment, materials, and furniture in the home are to be sturdy, safe, easy to clean and maintained in good repair. If a potential lead hazard is identified, the IHA is to notify the local health department and the county agency by the next business day.

(3) Cleaning and sanitizing equipment and supplies are to be stored in a space that is inaccessible to children. Cleaning agents, aerosol cans and all other chemical substances are to be stored in a designated area in their original containers and/or clearly labeled.

(4) Accumulated trash and garbage are to be stored outside of the indoor or outdoor play area and not accessible to the children.

(5) Toilets are to be flushed after each use.

(6) All weapons, including loaded and unloaded firearms and ammunition are to be stored in a secure, safe, locked environment inaccessible to children while in the care of the IHA at the home. Weapons and firearms include air rifles, hunting slingshots and any other projectile weapon.

(7) All alcohol, drugs, and household and child medications are to be kept out of the reach of children while in the care of the IHA at the home.

(8) Toys or other materials small enough to be swallowed are to be kept out of the reach of infants and toddlers.

(9) Electrical outlets, including surge protectors, within the reach of children are to have child proof receptacle covers when not in use unless designed with safety guards. This requirement does not apply if the child's home serves only school-age children.

(10) There is to be at least one underwriters laboratories (UL) or factory mutual laboratories (FM) smoke detector located in the basement and on each level of the home. The smoke detectors are to be placed, installed, tested and maintained in accordance with manufacturer's recommendations.

(11) There is to be at least one UL or FM portable fire extinguisher in the home which is to have a minimum rating of 1A:10BC. If there is only one UL or FM portable fire extinguisher in the home it is to be located in the kitchen of the home.

(12) The home is to have both hot and cold running water. The temperature of the hot water is not to exceed one hundred twenty degrees Fahrenheit unless the IHA demonstrates that the hot water faucet can be made inaccessible or inoperable to the children in care.

(B) What are the handwashing requirements for a certified IHA?

(1) The IHA and the children in care are to comply with the following handwashing requirements:

(a) Handwashing is to occur in a handwashing sink.

(b) If the handwashing sink is not of suitable height for use by children, a sturdy, nonslip platform on which the children may stand is to be provided.

(c) Handwashing is detailed in appendix A to this rule.

(C) What are the communicable disease requirements for a certified IHA?

(1) If the IHA cares for sick children, the IHA is to follow the guidelines detailed in appendix B to this rule.

(2) The DCY 08087 "Communicable Disease Chart" is to be readily available to the IHA, parents and residents.

(a) The IHA is to follow the reporting requirements listed on the DCY 08087.

(b) If the communicable disease is to be reported to the local health department, the IHA is to report the communicable disease to the Ohio department of children and youth (DCY) in the Ohio statewide licensing system by the next business day pursuant to rule 5180:2-14-07 of the Administrative Code.

(D) What are the first aid requirements for a certified IHA?

(1) An unlocked, closed first-aid kit is to be on premises and readily available to the IHA, but is to be kept out of reach of children.

(2) Adequate and sufficient first-aid supplies are to be readily available at all times the children are in care, including on field trips. This includes, at a minimum, band-aids, gauze squares, adhesive tape, an instant ice pack, disposable non-latex gloves, and a working digital thermometer. First-aid kit supplies are to be reviewed and replaced regularly by the IHA.

(E) What are the specific procedures the IHA needs to follow for standard precautions?

(1) Blood spills are to be treated cautiously and decontaminated promptly. Disposable non-latex gloves are to be worn during contact with blood or bodily fluids which contain blood, such as vomit or feces in which blood can be seen.

(2) Surfaces contaminated with blood or bodily fluids containing blood are to be first cleaned with hot, soapy water and then sanitized with an appropriate bleach solution which is prepared on a daily basis, according to product guidelines or other acceptable disinfectant solution which is environmental protection agency (EPA) rated as hospital disinfectant with a label claim for mycobactericidal activity.

(3) Materials that contain blood are to be disposed in a sealable, leak-proof plastic bag or double bagged in plastic bags that are securely tied.

(4) Non-disposable items, such as clothing that contain blood, are to be placed in a sealable, leak proof plastic bag or double bagged in plastic bags that are securely tied.

(5) Sharp items used for procedures on children with special care needs, such as lancets for finger sticks or syringes, require a disposable container called a "sharps container." This is a container made of durable, rigid material which safely stores the lancets or needles until they are disposed of properly. Sharps containers are to be stored out of the reach of children.

(F) Are on-site pools allowed to be used at a child's home?

(1) If the child's home has a swimming pool located on the premises, the pool is to be made inaccessible to children who are in care by a fence or other physical barrier (the locked house door is not a sufficient barrier) that prevents children from accessing the water. A pool is to meet at least one of the following barrier options:

(a) For in-ground or at ground level pool:

(i) A barrier that prevents a child from going around, under or through to access the pool water and the means of access to the pool (i.e. ladder, gate to deck) is secured, locked or removed to prevent access to pool water.

(ii) A fence that is at least four feet tall that separates the pool from the play area.

(iii) A secure cover that meets the following standards:

(a) Inhibits access to the pool water.

(b) Demonstrates an opening is sufficiently small and strong enough to prevent an infant from passing through.

(c) Is able to hold a weight of at least four hundred eighty-five pounds.

(d) Has manufacture safety label attached.

(e) Prevents water collecting on the cover surface.

(b) For an above ground or above ground level pool:

(i) A minimum of four feet walls (four feet above ground level) that are non-climbable and non-inflatable and the means of access to the pool (i.e. ladder, gate to deck) is secured, locked or removed to prevent access to pool water.

(ii) A fence that is at least four feet tall that separates the pool from the play area.

(iii) A secure cover that meets the following standards:

(a) Inhibits access to the pool water.

(b) Demonstrates an opening is sufficiently small and strong enough to prevent an infant from passing through.

(c) Is able to hold a weight of at least four hundred eighty-five pounds.

(d) Has manufacture safety label attached.

(e) Prevents water collecting on the cover surface.

(2) The IHA is not to permit use of the pool by children in care.

(G) What are the requirements for swimming sites for the IHA and children in care?

(1) An approved off-site swimming site is to meet all state and local guidelines for environmental health inspections. Activities in bodies of water and more than eighteen inches in depth are to be supervised by people who are currently certified lifeguards or water safety instructors by the "American Red Cross" or an equivalent water safety program, as determined by DCY.

(2) Pursuant to rule 5180:2-14-08 of the Administrative Code, the IHA is to actively supervise children and is to be able to clearly see all parts of the swimming area, including the bottom of the pool. The IHA is not to serve as a life guard.

(3) The use of saunas, hot tubs and spas by children is prohibited and are to be inaccessible to them.

(4) Swimming in lakes, rivers, ponds, creeks or other similar bodies of water is prohibited.

(5) Wading pools less than eighteen inches in wall height are permitted regardless of the amount of water put into it.

(a) Wading pools are to be filtered or emptied daily, and portable wading pools are to be disinfected daily or more often if needed.

(b) The IHA is to supervise children at all times while a wading pool is in use and is to be able to clearly see all parts of the wading area.

(H) What are the requirements for parental permission for water and swimming activities?

(1) The IHA is to have written permission from the parent when water is directly accessible to children and for the following activities:

(a) Before the child swims or plays in water eighteen inches or more in depth.

(b) Before the child participates in activities, in or on water eighteen inches or more in depth.

(c) Before infants and toddlers use wading pools.

(2) Written parental permission is to be on file for one year at the home. Written permission for on-going activities such as wading pools is to be updated annually.

(I) What is to be included in the written parental permission?

(1) Child's name and date of birth.

(2) Statement indicating whether the child is a non-swimmer or capable of swimming.

(3) Location of the water activities or swimming site by water of eighteen or more inches in depth.

(4) A signature and date from the parent indicating permission for the activity.

(J) What are the regulations for pets in the child's home?

(1) Pets and animals are to be permitted if they present no apparent threat to the safety or health of the children.

(2) All local and state ordinances governing the keeping of animals (exotic or domesticated) are to be followed.

(3) The IHA is not permitted to bring their own pet or animal to the child's home.

View AppendixView Appendix

Last updated July 1, 2026 at 8:39 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-06 Child record requirements for a certified in-home aide.

(A) What are the requirements for a child enrollment form in a home with a certified in-home aide (IHA)?

The IHA is to:

(1) Use an enrollment form that is equivalent in content to the DCY 01234 "Child Enrollment and Health Information for Child Care" form, if the DCY 01234 form is not used. The DCY 01234 (or equivalent) is to be on file for each child by the first day of attendance.

(2) Ensure theDCY 01234 (or equivalent) is reviewed at least annually by the parent and updated as needed when information changes. The parent and the IHA are to initial and date the form when information is reviewed or updated.

(3) Send the child's enrollment form with any child who is being transported for emergency assistance.

(4) Maintain a current copy of a completed enrollment form for each child in care in a location that can be easily and quickly accessed and removed from the home if there is an emergency where the children are moved to another location, and for transporting children on all trips, except routine walks.

(5) Set a policy regarding whether to provide care to children whose parents refuse to grant consent for transportation to the source of emergency treatment.

(B) What are the child immunization requirements in a home with a certified IHA?

(1) The IHA is to have verification of an immunization record on file for each child in care, including the IHA's own children in care. Children who attend a grade of kindergarten or above in an elementary school are exempt from this requirement.

(2) The dated immunization record is to be on file at the home within thirty days of the child's first day of care and is to be updated every thirteen months thereafter.

(3) The immunization record is to contain the following information:

(a) The child's name and birth date.

(b) A record of the immunizations the child has had, specifying the month, day and year of each immunization.

(4) Immunization requirements as outlined in section 5104.014 of the Revised Code can be found in appendix A to this rule.

(C) What are the immunization record exceptions for children in the care of a certified in-home aide?

A child may exempt from the immunization record requirements if either of the following statements are provided:

(1) Certification by a physician, physician assistant (PA), or advanced practice registered nurse (APRN) that one or more of the following apply:

(a) The child is in the process of being immunized.

(b) An immunization against the disease is medically contraindicated for the child.

(c) An immunization against the disease is not medically appropriate for the child's age.

(2) A statement from the child's parent that he or she has declined to get the child immunized against the disease for reasons of conscience, including religious convictions.

(D) What are the health care plan requirements for caring for children withspecific chronic health conditions or diagnoses in a home with a certified IHA?

(1) Documentation is required on a health care plan that is equivalent in content to the DCY 01236 "Health Care Plan Documentation & Permission to Administer Medication" if the DCY 01236 is not used for children with a chronic condition or diagnosis that includes the following:

(a) Monitoring the child for symptoms which require the IHA to take action.

(b) Ongoing administration of medication or medical foods.

(c) Performing medical procedures that the IHA is trained to provide.

(d) Avoiding specific food(s), environmental conditions or activities.

(e) A school-age child to carry and administer their own emergency medication.

(2) The IHA is to:

(a) Ensure that there isdocumentation for each chronic health condition or diagnosis per child, including the IHA's own children in care.

(b) Accept documentation and/or instructions from a physician, PA, or APRN as a substitute for a DCY 01236 (or equivalent form).

(c) Keepthe documentation of a chronic health condition or diagnosis in a location that can be easily and quickly accessed, including being removed from the home if there is an emergency that requires the children are moved to another location, and for transporting children on all trips except routine walks.

(3) Documentation of a chronic health condition or diagnosis is to be reviewed by the parent at least annually and updated as needed.

(4) Documentation of a chronic health condition or diagnosis is to be on file in the home by the first day the IHA provides child care services, or upon confirmation of a chronic health condition or diagnosis.

(5) If the IHA suspects that a child has a chronic health condition or diagnosis, the IHA may collect a physician's statement from the parent within a designated time frame.

(6) The IHA is to be trained on the child's needs and all procedures before being permitted to perform medical procedures or other action needed for a chronic health condition or diagnosis.

(E) What information regarding children's records can be shared?

Children's records are to be confidential but are to be available to the Ohio department of children and youth (DCY) and the county agency for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5180:2-14 of the Administrative Code. The immunization records are subject to review by the Ohio department of health (ODH) for disease outbreak control and for immunization level assessment purposes.

(F) How long are child records to be kept on file by the IHA?

All child records, as well as all documentation of child's chronic health condition or diagnosis, and written permission to administer medication or medical foods from parents are to be kept on file for twelve months from the date the documentation is signed or updated, whichever is later, even if the child is no longer being cared for in the home or the documentation is no longer needed for the child.

View Appendix

Last updated July 1, 2026 at 8:40 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-07 Emergency and health-related plans for a certified in-home aide.

(A) What are theemergency posting, weather emergency drill and safety drill requirements for a certified in-home aide (IHA)?

The IHA is to:

(1) Post emergency phone numbers, readily in view in all spaces used for child care. Phone numbers are to include the seven digit backup number as well as the area code if area code must be dialed to complete the call and include the following emergency numbers:

(a) Emergency squad.

(b) Hospital.

(c) Police department.

(d) Fire department.

(e) Poison control.

(f) Public children's services agency (PCSA).

(g) Local health department.

(h) Local emergency management agency (EMA).

(2) Post a weather and fire alert plan in all spaces used for child care. The plan is to include a diagram indicating evacuation routes and any instructions needed to safely evacuate.

(3) Conduct monthly fire drills at varying times. Written documentation of these drills is to be kept on-site.

(B) When is the certified IHA to complete the DCY 01299 "Incident/Injury Report for Child Care"?

(1) The IHA is to complete the DCY 01299 and provide a copy to the parent on the day of the incidentor injury if:

(a) A child becomes ill or receives an injury which requires first aid treatment.

(b) A child is transported in accordance with this rule to a source of emergency assistance.

(c) A child receives a bump or blow to the head.

(d) An unusual or unexpected incident occurs which jeopardizes the safety of a child or IHA, such as a child leaving the home unattended, a vehicle accident with or without injuries, or exposure of children to a threatening person or situation.

(2) Copies of the DCY 01299 are to be kept on file at the home for at least one year and are to be available for review by the Ohio department of children and youth (DCY) or the county agency.

(C) What is a serious incident?

(1) Death of a child at the home.

(2) An incident, injury, or illness that requires professional medical consultation or treatment for a child.

(3) An unusual or unexpected incident which jeopardizes the safety of a child or IHA in the home where care is taking place.

(D) What does the certified IHA do if there is a serious incident, as defined in paragraph (C) of this rule?

(1) The IHA is to log intothe Ohio statewide licensing system by the next business day to report the incident.

(2) This notification does not replace reporting to the county children's protective services agency if there are concerns of child abuse or neglect as outlined in rule 5180:2-14-08 of the Administrative Code.

(3) The IHA may print the completed serious incident report in the Ohio statewide licensing system and give to the parent to meet the parent notification requirements in paragraph (B) of this rule.

(4) If the child is transported by anyone other than a parent for emergency treatment, the child's health and medical records as outlined in rule 5180:2-14-06 of the Administrative Code, are to accompany the child.

(E) What are the emergency preparedness and response plan (EPRP) requirements for a certified IHA?

The IHA is to:

(1) Develop a dated written EPRP that is:

(a) Updated at least annually.

(b) Reviewed with the parent at least annually.

(2) Adopt a written security plan that ensures access to the home is limited to parents and guardians of children in care and authorized persons.

(3) Conduct monthly weather emergency drills in the months of March through September. Written documentation of these drills is to be kept on-site.

(4) The plan is to include procedures that will be used to prepare for and respond to the following types of emergency or disaster situations:

(a) Medical or dental emergencies, including emergency transportation.

(b) Weather emergencies and natural disasters which include severe thunderstorms, tornadoes, flash flooding, major snowfall, blizzards, ice storms or earthquakes.

(c) Emergency evacuations due to hazardous materials and spills, gas leaks or bomb threats.

(d) Outbreaks, epidemics or other infectious disease emergencies.

(e) Loss of power, water or heat.

(f) Emergencies or disasters that occur during the transport of children or when on a field trip or routine trip.

(g) Other threatening situations that may pose a health or safety hazard to the children.

(5) The plan is to include procedures for sheltering in place, disasters and evacuation, including:

(a) Emergency contact information for the parents and the IHA.

(b) Plan to contact and work with local emergency management officials.

(c) The location of supplies.

(d) Procedures for:

(i) Emergency numbers for medical, dental, and transport-related emergencies, if other than 9-1-1.

(ii) Gathering necessary supplies for children.

(iii) Communicating with parents during loss of communication including loss of phone or internet service.

(iv) Caring for and accounting for the children until they can be reunited with the parent.

(v) Assisting infants, toddlers and children with special needs and/or chronic health conditions or diagnoses.

(vi) Selecting and relocating to a designated safe site where children and the IHA can safely remain if evacuated.

(vii) Reunification with parents including procedures for notifying and communicating with parents regarding the location of children if evacuated.

Last updated July 1, 2026 at 8:40 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-08 Supervision of children and child guidance for a certified in-home aide.

(A) What are the requirements for supervision for a certified in-home aide (IHA)?

The IHA is to:

(1) Leave no child unsupervised. Supervision means:

(a) Ensuring children are within sight or hearing at all times.

(b) Being aware of the developmental and behavioral needs as well as and parental preferences of the child(ren) in care.

(c) Maintaining situational awareness of the children in care at all times. Maintaining situational awareness may include the use of analog or digital technology (including mirrors) to supplement direct observation of the children in care but may not be the sole means of observation. It also includes, but is not limited to, being:

(i) Aware of the activity a child is engaged in and being near enough to protect children from harm, meet their basic needs and respond to emergent circumstances.

(ii) Near enough to observe, respond, and anticipate reasonably foreseeable hazards and threats.

(iii) Able to summon another adult for assistance in an emergency.

(2) Not be under the influence of any substance that impairs the IHA's ability to supervise children and/or perform duties.

(3) Not be involved in any activities that interfere with the care of the children. This includes not being involved in other employment during the hours in which care is provided.

(4) Always have immediate access to a working phone on the premises which is available and capable of making outgoing calls and receiving incoming calls. A backup method of communication, including but not limited to email, text messaging services or an additional phone, is to be accessible when the primary phone is in use.

(5) Limit children's exposure to inappropriate language, behavior or media.

(6) Provide supervised outdoor play in suitable weather for any infant over twelve months of age, toddler, preschool and school-age child cared for by the IHA for four or more consecutive daylight hours. Suitable weather is at a minimum of twenty-five to ninety degrees Fahrenheit.

(a) The IHA is to identify traffic hazards when outdoors and protect children from vehicular traffic.

(b) The IHA is to remain outdoors with infants, toddlers and preschoolers at all times.

(c) General-use trampolines, ball pits, and inflatable play equipment intended for climbing and bouncing, including but not limited to slides and bounce houses shall not be permitted for use at the home. Individual-use, personal-sized therapy trampolines no larger than forty-eight inches in diameter may be used by children under direct supervision.

(d) School-age children may be permitted in the on-site outdoor play space without the IHA as long as the children remain within sight and hearing of the IHA if both of the following occur:

(i) The children are not engaged in higher risk activities such as, but not limited to, swimming, activities with animals, or using equipment with motors or moving parts.

(ii) The IHA is always able to intervene if needed.

(e) When the outdoor play space is not on the premises, the IHA is to accompany and supervise all children in transit and at the outdoor play space.

(f) Provide access to restroom facilities and drinking water during outdoor play times.

(B) What are the requirements for supervision of school-age children?

(1) With written parent permission, school-age children may leave the home for specific activities, including:

(a) Walking to and from school.

(b) Walking home or to another destination.

(2) The written permission is to specify:

(a) Child's name.

(b) Location of the activity.

(c) Arrangements for going to and from the activity.

(d) Start and end time of the activity.

(e) Time period for when the permission is given.

(f) Parent signature and date.

(C) What are the staff/child ratio and maximum group size requirements?

The IHA is to:

(1) Care for no more than six children at any one time. No more than three of the children may be under two years of age.

(2) Not exceed the maximum capacity at any time.

(3) Be the sole provider of care in the child's home.

(4) Care for no more than two of the IHA's own children in the child's home. These children are to be counted in the maximum group size of children as designated on the certificate.

(D) What are the child guidance techniques to be used by the IHA?

(1) The IHA is to follow appendix A to this rule regarding child guidance techniques to be used with the children, including the IHA's own children.

(2) The IHA is to communicate and consult with the parent prior to implementing a specific behavior management plan. This plan is to be in writing, signed by the parent, and is to be consistent with the requirements of this rule.

(E) What are the child abuse and neglect reporting requirements?

If the IHA has reasonable cause to suspect that a child has been abused or neglected, the IHA is to immediately make a report in accordance with section 2151.421 of the Revised Code.

View Appendix

Last updated July 1, 2026 at 8:40 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-09 Transportation and field trip safety for a certified in-home aide.

(A) What is to be completed for all trips, including routine trips?

The in-home aide (IHA) is to:

(1) Have written and signed permission from the parent before transporting or escorting a child away from the home for field trips and routine trips as detailed in appendix A to this rule. The permission slip is to be kept on file at the home for one year from the date of the trip.

(2) Attach to each child on a routine or field trip, except children being transported only to and from school or only to and from home, identification containing the IHA's name, the child's address and a telephone number to contact in the event the child becomes lost.

(3) Have first aid supplies as outlined in appendix C to rule 5101:2-14-05 of the Administrative Code.

(4) Take all supplies needed to provide treatment and medications for any child with a JFS 01236 "Child Medical/Physical Care Plan for Child Care" transported during the trip, as outlined in rule 5101:2-14-06 of the Administrative Code.

(5) Have a working cellular phone or other means of immediate communication. Cellular phones are not to be used by a driver while the vehicle is in motion.

(6) Ensure that if the vehicle used to transport children is manufactured with seat belts, they are utilized by adults and children, with no more than one person strapped in each seat belt. Children or adults are not to be permitted to stand in a moving vehicle, sit on the floor or ride in a vehicle where all seats are not securely anchored.

(7) The vehicle is to be checked at completion of each trip to ensure that no child has been left in the vehicle.

(B) What are the driver requirements for a certified IHA who transports children in care?

(1) The IHA driver is to:

(a) Complete the one-time Ohio department of job and family services (ODJFS) child care transportation training in the Ohio professional registry (OPR), unless public transportation is being used or the school district is providing transportation to and from the child's home.

(b) Ensure that all passengers, including the driver, follow the state of Ohio's child restraint law found in section 4511.81 of the Revised Code when transporting children in care.

(c) Not allow children under twelve years of age to ride in the front seat of any vehicle.

(2) The requirements outlined in paragraph (B) of this rule do not apply to public transportation drivers.

(C) What are the inspection requirements for vehicles used for transporting children in care?

The IHA is to maintain documentation that monthly inspections have been performed, followed by any necessary repairs or other appropriate actions, for the following items:

(1) A visual inspection for the vehicle's tires for wear and adequate pressure.

(2) A visual inspection for working headlights, taillights, signals, mirrors, wiper blades and dash gauges.

(3) An inspection for properly functioning child and driver restraints.

(4) An inspection for properly functioning doors and windows.

(5) An inspection for, and cleaning of, debris from the vehicle's interior.

View Appendix

Last updated January 30, 2026 at 4:07 PM

History

• Effective: November 12, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-10 Sleeping, napping and overnight requirements for an in-home aide.

(A) What are the sleep and nap requirements for a certified in-home aide (IHA)?

(1) Sleep time and nap time are to be in accordance with the developmental needs of the child.

(2) Infants under twelve months old are to be placed on their backs to sleep unless the parent provides written authorization on the JFS 01235 "Sleep Position Waiver Statement for Child Care" signed by the child's physician. The JFS 01235 is to be maintained on file for review and is valid for one year. Infants who are able to roll from back to front and front to back are to be placed initially on their back for sleeping but allowed to remain in a position they prefer.

(3) Sleep or nap areas are to be lighted to allow for visual supervision of all children at all times.

(4) Any child who does not fall asleep during a designated nap time is to have the opportunity to engage in quiet activities.

(5) An evacuation route is not to be blocked by sleeping or napping/resting children. Each child is to have a free and direct means of escape and the IHA is to have a clear path to each child.

(6) Rest time is to be treated in the same manner as nap time.

(B) What are the sleeping arrangements in the child's home?

(1) Children living in the home are to sleep in their own beds or cribs.

(2) The IHA's children being cared for in the home are to be assigned their own bed, crib, couch, cot, playpen or mat.

(3) No child is to be permitted to rest, nap or sleep on the floor without a mat, pad or cot.

(4) A mat is a pad that is at least one inch thick and at least as wide and long as the child using the mat.

(5) A cot is to stand at least three inches and not more than eighteen inches off the floor. The cot is to be firm enough to support the child, but is to be resilient under pressure. Each cot is to be at least thirty-six inches in length and at least as long as the child using the mat is tall.

(6) An air mattress designed for overnight sleeping may be used. All manufacturer's warnings are to be followed. Air mattresses designed for use as flotation devices are not to be used for sleeping or napping.

(C) What are the crib and playpen requirements for the child's home?

(1) Unless the infant meets the requirements of paragraph (E) of this rule, each infant being cared for in the home is to have a separate crib or playpen that meets the following requirements:

(a) Any crib manufactured before June 28, 2011 is to have a certificate of compliance (COC) on file. The IHA may have to contact the manufacturer of the crib to receive a COC if they do not request one from the retailer when they purchase the crib.

(b) Cribs with a documented manufacture date after June 28, 2011 have to meet the new federal standards to be sold, so they do not require a COC. The date of manufacture is to be attached to the crib.

(c) Cribs and playpens are to be used according to manufacturer's instructions.

(d) Each crib and playpen are to be of sturdy construction and have:

(i) Closely spaced bars with corner posts that do not exceed one sixteenth of an inch above the top of the end panel.

(ii) Spaces between the bars of the crib or playpen and between the bars and end panels of the crib or playpen are not to exceed two and three-eighths inches.

(iii) Playpen mesh openings are to be less than one quarter inch.

(e) Cribs and playpens are to be used with the mattress supports in their lowest positions and the sides in the highest positions.

(f) Each crib is to have a firm mattress that is at least one and one half inches thick.

(g) Each playpen is to have a firm mattress or pad that does not exceed one inch in thickness.

(h) The space between the mattress and the side or end panels of the crib or playpen are not to exceed one and one-half inches.

(i) Each mattress is to be securely covered with a waterproof material which can be thoroughly sanitized and is not dangerous to children. The waterproof cover is to be free of rips or tears.

(D) What safety measures for cribs are to be followed by an IHA?

(1) Cribs are not to be stacked.

(2) Bumper pads are not to be used.

(3) Items are not to be placed or hung over the side that obstructs the IHA's view of the infant.

(4) Infants are not to be placed in cribs with bibs or any other items which could pose a strangulation or suffocation risk.

(5) No blankets are to be in the crib or playpen for infants under twelve months old. A one-piece sleeper or wearable blanket is permitted. Only children who are not yet able to roll-over are permitted to be swaddled using a wearable swaddling blanket.

(6) Infants are to be placed in their cribs or playpens for sleeping, and are not to be allowed to sleep in bassinets, swings, car seats or other equipment. If a medical condition exists where a child needs to sleep in equipment other than a crib or playpen, written permission is to be obtained from a physician and is to be maintained on file.

(7) Cribs or playpens assigned to a child are not to be used for storage of toys and other materials.

(E) When are children to stop using cribs or playpens?

(1) When the child is able to climb out of the crib or playpen.

(2) When the child reaches the height of thirty-five inches.

(3) An infant twelve months or older may use a cot, pad or mat with written permission from the parent.

(4) If the use of a crib or playpen is considered hazardous for a child, regardless of age, the infant may use a cot or mat with written permission from the parent.

(F) What are the requirements for evening and overnight care?

(1) Evening and overnight care is any time between the hours of seven p.m. and six a.m.

(2) The IHA is to remain awake until all children are asleep. When children sleep in the evening or overnight, the IHA is to have a monitoring device that ensures sight or hearing at all times.

(3) Children are to only sleep during evening and overnight care in areas that have been approved for sleeping.

(4) Children under the age of five are to sleep on the same floor as the IHA.

(5) Bedtime routines are to be developed and followed in consultation with the parents of the children.

(6) All indoor areas of the home are to have adequate lighting, including bathrooms, hallways and sleeping rooms to ensure that children can be seen by the IHA.

(7) The IHA is to have written permission from the parent prior to allowing the child to bathe.

(8) Ensure each child has clean, comfortable sleeping clothes, and a clean, individual washcloth, towel and toothbrush, as appropriate for the child.

(9) Assist children during washing and changing clothes according to children's developmental needs.

(10) All children are to bathe separately unless the parent has provided written consent that the children can be bathed together.

Last updated January 30, 2026 at 4:07 PM

History

• Effective: November 12, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-11 Meal preparation/nutritional requirements for an in-home aide.

(A) What are the requirements for meals and snacks for a certified in-home aide (IHA)?

The IHA is to:

(1) Offer nutritious, varied and appropriately timed meals and snacks.

(2) Offer food from the basic five food groups: protein, grains, fruits, vegetables and dairy.

(a) Breakfast consists of food from three of the five basic food groups.

(b) Meals consist of food from five of the basic food groups.

(c) Snacks consist of food from two of the five basic food groups.

(3) Offer food that is not a choking hazard, and that is developmentally appropriate in size, amount and texture.

(4) Offer food to ensure that no child goes more than four hours without at least a meal, except when sleeping.

(5) Offer milk based on parental preference.

(6) Offer only one hundred per cent, undiluted fruit or vegetable juice, if used to meet the fruit or vegetable requirement for meals and snacks. Other fruit or vegetable juice is permitted as a beverage alternative.

(7) Ensure the parent obtains a physician's written instructions if administering a medical food to any child or if an entire food group is eliminated. When special or alternative diets are for cultural,religious, or medical reasons, the IHA is to obtain written, dated and signed instructions from the child's parent.

(8)

(9) Ensure that all food, including milk (formula and breast milk for infants) is safely stored. If safe storage of milk is not available on routine trips or field trips, milk may be served at snack instead of at the meal.

(10) Ensure individual servings or individual packages of food or drink that have been served to a child are discarded or stored as instructed by the child's parent. Food or drink that is individually packaged and the package has not been opened may be stored in the home to be served again.

(B) What requirements for safe, independent self-feeding are to be implemented by an IHA?

The IHA is to ensure that:

(1) Food is not served on bare tables. Food for infants may be placed directly on an individual highchair tray if the tray is removed, washed and sanitized.

(2) Eating utensils and dishes are suitable for the age and developmental level of the children.

Last updated July 1, 2026 at 8:40 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-12 Medication administration.

(A) What is required for an in-home aide (IHA) to administer medication to a child?

(1) Written permission from a parent is required for the IHA to administer to a child:

(a) All prescription medication.

(b) All non-prescription medication.

(c) All sample medication.

(d) All medical foods.

(e) Topical products and lotions. Written parental permission is not required for lip balm use or for using hand sanitizer with children older than twenty-four months.

(2) A record of medication(s) and medical food(s) administered is to be kept for each child containing:

(a) Name of child.

(b) Name of medication and dosage.

(c) Date and time administered.

(d) Signature of the staff member that administered the medication.

(e) A record of medication administered is not required for non-prescription topical products and lotions.

(3) The Ohio department of children and youth (DCY) 01236 "Health Care Plan Documentation & Permission to Administer Medication" may be used to document medication administration.

(B) Who can provide instructions for administering medications or medical foods?

Instructions for administration are required by the individuals, depending on the type of medication or medical food:

(1) Instructions from a licensed dentist, licensed physician, physician assistant (PA), or advanced practice registered nurse (APRN) are required for administering:

(a) Medical foods.

(b) Prescription medications, including samples.

(c) Non-prescription medicines containing aspirin.

(d) Topical preventative products and lotions, when the instructions for use exceed or do not match the manufacturer's instructions, or the non-prescription medication is not stored in original container.

(e) Instructions are not required if the prescription medication is stored in the original container with prescription label that includes the child's full name, exact dosage and directions for use.

(2) Instructions from the child's parent are required when:

(a) Following manufacturer's instructions to administer topical preventative products and lotions.

(b) The non-prescription medication is stored in the original container and used following manufacturer's instructions.

(3) Acceptable documentation formats for all instructions the IHA utilizes to meet this rule include information provided on, but not limited to, DCY forms, electronic patient chart systems, physician or hospital discharge instructions.

(C) What are the additional requirements for administering medication or medical foods?

When administering medications or medical foods, the IHA is to:

(1) Not administer any medication, medical food, or topical product until after the child has received the first dose or application at least once prior to the IHA administering a dose or applying the product, to avoid unexpected reactions. Emergency medications for the child are exempt from this requirement.

(2) Not administer any medication, medical food or topical product for any period of time beyond the date indicated by the licensed dentist, licensed physician, PA, APRN or as directed on the manufacturer's instructions.

(3) Apply the non-prescription topical products and lotions according to the manufacturer's instructions.

(4) Document each administration or application immediately after administering, including when school-age children administer their own medication. This excludes non-prescription topical products and lotions.

(5) Follow prescribed dosages or the manufacturer's recommended dosages for administering non-prescription medication.

(6) Complete a separate documentation for each medication to be administered for each child, excluding the exempted items in paragraph (A)(2)(e) of this rule. Written permission is valid for the time period specified on the permission, not to exceed twelve months from the date of signature.

(D) What are the requirements for storing medication, medical foods or topical products?

The IHA is to:

(1) Safely store all medication, medical foods, and topical products. Ensure the medication, medical food, or topical product is stored per the requirements on the label in the original container with the child's name affixed. Non-prescription medications and topicals are to have a manufacturer's label containing directions based on the age and/or weight of the child.

(2) Keep medication, medical foods, and topical products out of the reach of children, unless a school-age child is permitted to carry their own emergency medication and documentation is completed and on file at the home.

(3) Refrigerate, in a separate container, medications, medical foods, or topical products, if needed.

(4) Ensure that medications, medical foods, and topical products are accessible to the IHA at all times.

(5) Ensure that medications, medical foods, and topical products are removed from the home when no longer needed. Medication is to be discarded when expired, unless documentation is provided by a physician for continued use.

Last updated July 1, 2026 at 8:40 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-13 Infant care and diaper care for an in-home aide.

(A) What are the requirements for infant daily care?

(1) The in-home aide (IHA) is to:

(a) Allow infants to safely and comfortably sit, crawl, toddle, walk and play according to the infant's stage of development.

(b) Remove each infant from the crib, swing, infant seat, exercise seat or other equipment throughout the day for individual attention.

(c) Provide each non-crawling infant the opportunity for tummy-time, outside of their crib or playpen, each day.

(d) Maintain a daily written record for each infant that is provided to the infant's parent on a daily basis. The record is to include the following information:

(i) Food intake.

(ii) Sleeping patterns.

(iii) Times and results of diaper changes.

(iv) Information about daily activities.

(2) Each infant is to be removed from his or her crib or playpen for all feedings. Infants are to be held or fed sitting up for bottled feedings. A bottle is not to be propped for an infant at any time.

(B) What are the requirements for infant bottle and food preparation?

The IHA is to:

(1) Prepare and serve infant food in a manner appropriate to the developmental needs of each child. The IHA is to introduce new foods only after consultation with the parent. The IHA is to comply with written feeding instructions from the infant's parent, physician, physician's assistant or certified nurse practitioner (CNP), which is to include the following:

(a) Type of food and/or formula/breast milk.

(b) Amount of food and/or formula/breast milk.

(c) Feeding times or frequency of feedings.

(2) Ensure the parent updates the written feeding instructions as needed.

(3) Not feed any foods, other than formula or breast milk, to infants under four months of age, unless there is written documentation on file from a physician, physician's assistant or CNP.

(4) Ensure that formula, breast milk, or other liquids in a bottle are not heated in a microwave oven.

(a) If formula or breast milk is to be warmed, bottles are to be placed in a container of water not hotter than one hundred twenty degrees or be placed in a commercial bottle warmer. The container of water is to be kept out of reach of children and is to be emptied and cleaned each day. The bottle is to be shaken well, and the formula or breast milk temperature tested before feeding.

(b) Frozen breast milk is to be thawed under cold running water or in the refrigerator.

(5) Ensure that the unused portion of formula, breast milk or food remaining in a container from which the infant has been directly fed is not to be reheated or served again.

(6) If the IHA prepares infant formula it is to be prepared according to the manufacturer's instructions or instructions from the infant's physician, physician assistant or CNP.

(7) Ensure that open containers of ready-to-feed and concentrated formula are to be covered, dated and refrigerated according to the manufacturer's instructions.

(8) Label all bottles or prepared food with the infant's name and date of preparation. All formula is to be refrigerated immediately after preparation or if the formula is prepared by the parent. All commercially prepared food is be stored according to manufacturer's instructions and not served after the expiration date.

(9) Ensure that if breast milk is provided by the parent, it is to be labeled with the infant's name, the date pumped, and the date the bottle was prepared. The IHA is to follow the chart in appendix A to this rule for storing breast milk.

(C) What are the requirements for diapering?

(1) The IHA is to change a child's diaper immediately when wet or soiled.

(2) Clothing is to be changed immediately when wet or soiled.

(3) When changing diapers the IHA is to comply with the following:

(a) The IHA is to wash all soiled areas of the child's body with either a wash cloth which is then appropriately sanitized, or a disposable wipe.

(b) If a diaper-changing surface is used to change more than one child, the IHA place a disposable separation material between the child and the changing surface. A different separation material is to be used for each diaper change.

(c) If a diapering product is used on more than one child:

(i) The container is not to touch the child to avoid cross contamination.

(ii) The product is to be administered to avoid cross contamination.

(d) No child is to be left unattended on the diaper changing table.

(4) The IHA is to store and launder soiled diapers or clothing as follows:

(a) The IHA is to store soiled diapers and diapering washcloths, which are to be laundered in the child's home, in a covered container with sanitizing solution.

(b) If soiled diapers are to be commercially laundered, a parent is to make the arrangements.

(c) The IHA is to store soiled disposable diapers in a plastic-lined covered container that prevents hand contamination and is not easily accessible to children and discard diapers daily or more frequently as needed to eliminate odor.

(d) If the IHA is laundering diapers, the IHA is to follow the manufacturer's guidelines.

(D) Toilet training is to occur based on a child's readiness and consultation with the parent regarding practices in the child's home. The IHA is to ensure that toilet training is never forced.

View Appendix

Last updated January 30, 2026 at 4:07 PM

History

• Effective: November 12, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-14-14 County agency responsibilities for in-home aide certifications, compliance inspections and complaint investigations.

(A) What are the county agency responsibilities for certifying an in-home aide (IHA)?

(1) The county agency is to accept and approve or deny all applications for certification as an IHA within one hundred twenty days from the date the application is submitted in the Ohio child licensing and quality system (OCLQS).

(2) If the parent and IHA applicant need help in completing the forms, the county agency is to provide assistance.

(3) The county agency is to conduct a pre-certification inspection at the home of the parent to verify compliance.

(4) The county agency is to issue a certificate when the county determines the IHA is in compliance with Chapter 5104. of the Revised Code and Chapter 5180:2-14 of the Administrative Code.

(5) The county agency is to provide a copy of the certificate to the parent of a child receiving IHA services.

(6) The county agency is to comply with Chapter 5104. of the Revised Code and Chapter 5180:2-14 of the Administrative Code.

(B) What are the additional county agency responsibilities for compliance inspections?

(1) The county agency is to conduct an annual, unannounced inspection beginning the next state fiscal year after the issuance of an IHA certificate.

(2) The county agency is to conduct an inspection within ten days of notification that the parent has moved to a new address.

(C) What are the county agency responsibilities for complaint investigations of an IHA?

(1) Document the complaint in OCLQS on the same day the complaint is received.

(2) The county agency is to investigate any complaints against an IHA. The county agency may inspect the IHA home as part of the complaint investigation.

(3) If the complaint alleges immediate risk to children, the county agency is to begin the investigation within one business day of the receipt of the complaint.

(4) If the complaint does not allege immediate risk to children, the county agency is to begin the investigation within five business days of the receipt of the complaint.

(5) Complaints alleging child abuse and neglect are to be immediately reported to the public children services agency (PCSA). The county agency is to follow PCSA instructions if additional information is needed.

(6) A PCSA investigation does not relieve the county agency of its responsibility to investigate IHA noncompliance with regulations contained in Chapter 5180:2-14 of the Administrative Code. The county agency is to work with the PCSA to ensure the county agency investigation does not interfere with the PCSA investigation.

(D) What does the county agency do if it is determined the IHA is not in compliance?

(1) If the county agency determines that the IHA is not in compliance with Chapter 5180:2-14 of the Administrative Code or Chapter 5104. of the Revised Code, the county agency may revoke the certificate.

(2) Upon revocation of a certificate, the county agency is to notify the IHA of their right to appeal the decision to revoke the certificate and request a county appeal review in accordance with procedures outlined in paragraph (E) of this rule.

(3) The voluntary surrender of a certificate to the county agency is not to prohibit the county agency from revoking a certificate pursuant to this paragraph of this rule.

(4) If the parent whose child is receiving IHA services fails to cooperate with the county agency or to comply with this chapter and Chapter 5104. of the Revised Code, the county agency is to deny or terminate the IHA arrangement, revoke the IHA certificate and inform the parent of alternative child care options.

(5) If the IHA certification is revoked, another IHA certification is not to be issued to the IHA until five years have elapsed from the date the certification was revoked.

(E) What is the process if an IHA requests a county review of a non-compliance finding or revocation of the IHA certificate?

(1) If the IHA requests a review, the following steps are to be followed:

(a) The county agency is to schedule a county review within fifteen business days of receipt of a written request to review a non-compliance finding and notify the IHA in writing of the time, date and place of the review.

(b) The individual responsible for conducting the county review is not to be someone who was a party to the decision that is the subject of the review.

(c) The IHA is to have the opportunity to present his or her case and examine the contents of the case file that are relevant to the county agency decision to revoke or deny the certification.

(d) The county agency is responsible for preparing and issuing a written decision to the IHA within ten business days from the date of the county review. The decision is to include the following information:

(i) The action which was appealed.

(ii) Finding of facts.

(iii) Citation and summarization of relevant Administrative Code rules which support the facts established.

(iv) Outcome of the appeal on each issue addressed.

(2) The county decision is final and no further action can be taken by the IHA.

(F) What are the county agency responsibilities for maintaining documentation?

(1) The county agency is to enter and update all IHA certification and inspection documentation in OCLQS, and provide an electronic copy of the inspection to the IHA.

(a) Compliance inspections and complaint investigations within seven days from the date of inspection.

(b) Updates to inspections within seven days of the update.

(c) Review of compliance materials within twenty business days of submission.

(2) The DCY 01642 "In-Home Aide Assurances" is to be maintained in OCLQS. The county agency, after removal of confidential information, is to provide a copy of the DCY 01642 to anyone who submits a request to the county agency.

(3) The county agency is to maintain an electronic or paper case file on all certified IHAs. The following certification documents are to be included in each IHA's file using the following retention schedule for open certifications:

(a) The application for certification and all supporting documentation (for the duration of the certification), unless the information is in OCLQS.

(b) Inspection reports not documented in OCLQS (for five years from the date of the report).

(c) All correspondence with the IHA or regarding the certification (for five years from the date of correspondence).

(d) Compliance materials not documented in OCLQS (for five years from the date of the materials).

(e) Copies of all written notices to the IHA (for five years from the date of the notices).

(f) Valid copies of the DCY 01176 "Program Notification of Background Check Review for Child Care" for the IHA, (replace after expiration for the duration of the certification), if not in the Ohio professional registry (OPR).

(4) If a certification is surrendered or revoked, the county agency is to maintain the IHA file and all contents for two years after the date the certification is ended or revoked.

(G) What information can a county agency publicly share regarding an IHA?

(1) Except as provided in paragraphs (G)(2) and (G)(3) of this rule, the county agency is not to disseminate confidential information which includes, but is not limited to, the following:

(a) Child abuse and neglect investigative records, pursuant to section 2151.421 of the Revised Code and rule 5180:2-33-21 of the Administrative Code.

(b) The identity of an information source or witness to whom confidentiality has been reasonably promised.

(c) Any information, when such information would reasonably tend to disclose the identity of one to whom such confidentiality has been reasonably promised.

(d) IHA medical records pertaining to the medical history, diagnosis, prognosis, or medical condition of the provider, which are generated and maintained in the process of medical treatment, except as authorized by section 1347.08 of the Revised Code, if requested by the subject of the report.

(2) The county agency is responsible for sharing all IHA, client, and fiscal information with the county agency or department of children and youth (DCY) during the course of a monitoring review of its certification program or when DCY is investigating a complaint involving the county agency.

(3) As needed, the county agency is to share information with the PCSA or a law enforcement agency concerning an investigation of alleged child abuse or neglect.

(4) When information is disseminated, the following is to be documented in the IHA's record:

(a) Date information was disseminated.

(b) Agency, organizations, or individual to whom information was disseminated.

(c) Reason for dissemination.

(d) Specific information disseminated.

(H) May the county have additional requirements that exceed the IHA certification standards in Chapter 5180:2-14 of the Administrative Code?

The county agency is not to have additional requirements for certifying IHAs.

Last updated November 6, 2025 at 8:33 AM

History

• Effective: November 6, 2025
• Promulgated Under: 119.03

Chapter 5180:2-17 Step Up to Quality (SUTQ) Rating System

Ohio Adm.Code 5180:2-17-01 "Step Up To Quality" (SUTQ): program definitions and standards.

(A) What are the SUTQ definitions for the purposes of implementing Chapter 5101:2-17 of the Administrative Code?

(1) "Administrator" means the following:

(a) A child care center administrator as described in rule 5101:2-12-07 of the Administrative Code.

(b) A family child care provider as described in rule 5101:2-13-07 of the Administrative Code.

(c) A director as defined in rule 3301-37-01 of the Administrative Code.

(d) An administrator as defined in rule 3301-32-01 of the Administrative Code.

(2) "Approved related fields" means the following:

(a) Early childhood education teacher approved related fields include: early childhood education, child development, family studies, human ecology, human development, child and family community studies, elementary education, early intervention (ECE or special education), elementary, middle or secondary education, physical education, elementary intervention, and school counselor, or other degrees as approved by the Ohio department of children and youth (DCY).

(b) Approved related child development fields include psychology, and recreation management if twelve semester or eighteen quarter hours of child development coursework, with a grade of C or better from an accredited institution of higher education, is completed.

(3) "Assistant teacher" means a child care staff member who works under the supervision of a lead teacher. Assistant teachers may work independently in a lead teacher's absence, but for the majority of time the assistant teacher works directly with the lead teacher in the same space with the same children.

(4) "Child care staff" means:

(a) A child care center staff member as described in rule 5101:2-12-08 of the Administrative Code.

(b) A family child care provider staff member as described in rule 5101:2-13-08 of the Administrative Code.

(c) A preschool staff member and lead teacher as defined in rule 3301-37-01 of the Administrative Code.

(d) A staff member as described in rule 3301-32-03 of the Administrative Code.

(5) "Family child care provider" means:

(a) Licensed type A home provider.

(b) Licensed type B home provider.

(6) "Instructional time" means the time the group spends with the lead teacher each day, excluding nap or rest time.

(a) The lead teacher is to interact with children a minimum of three and one-half hours daily for at least half the days of each week the program operates.

(b) If a group requires two or more child care staff members to meet ratio, there is to be a lead teacher and an assistant teacher present. Co-lead teachers may be used to meet this requirement.

(c) The assistant or co-lead teacher is to meet this requirement the other days of the week.

(d) If a program or group operates less than three and one-half hours daily, the lead teacher is to be present for entire time the group is in session or entire time group operates.

(e) School-age programs are to have a lead teacher for the duration of either a total of three and one-half hours, the complete before school session, or the complete after school session. On non-school days, the program is to meet the three and one-half hour requirement as stated in paragraph (A)(7) to this rule.

(7) "Lead teacher" means the adult who has primary responsibility for the group of children. The lead teacher is to meet the three and one-half hour minimum instruction time daily, not including nap or rest, for more than half of the days in operation each week. The lead teacher is responsible for activity planning and implementing the curriculum and child assessment requirements related to the current rating.

(8) "Program" means any of the following licensed:

(a) Family child care provider.

(b) Child care center.

(c) Preschool program.

(d) School child program.

(9) "Substitute" means the following:

(a) A child care staff member who replaces an assigned staff member for fewer than ninety days.

(b) What if the substitute is providing care for more than ninety days?

The substitute is to become the lead teacher or assistant and meet the requirements of the lead or assistant pursuant to this chapter.

(B) What are the standards that are to be met to be awarded bronze, silver or gold?

(1) The program is to comply with the desk review and any on-site verification visit.

(2) Licensed programs are to meet all of the standards listed in appendix A to this rule for the rating requested at registration and maintain the standards on an ongoing basis.

View Appendix

Last updated January 30, 2026 at 4:07 PM

History

• Effective: July 7, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-17-02 "Step Up To Quality" (SUTQ): eligibility for registration.

(A) Who may register to participate in SUTQ, Ohio's tiered quality rating and improvement system?

Any licensed program as referenced in paragraph (A)(8) of rule 5101:2-17-01 of the Administrative Code.

(B) Which programs are not eligible to register for a bronze, silver, or gold rating?

(1) A licensed program with a license in the revocation process.

(2) A licensed program with a currently suspended license.

(3) A licensed program with an active enforcement status.

(C) What are the requirements for a licensed program to be eligible for a bronze, silver, or gold rating?

The program is to do all of the following:

(1) Log onto the Ohio child licensing and quality system (OCLQS) at https://oclqs.my.site.comto electronically submit the rating registration.

(2) Comply with the desk review, including documents returned for revision, and with any on-site verification visit.

(3) Have children for whom the program is receiving compensation enrolled and attending the program at time of the on-site verification visit.

(4) Meet all of the program standards for the registered rating as listed in appendix A to rule 5101:2-17-01 of the Administrative Code including:

(a) Ensure that the administrators, lead teachers and assistant teachers complete and have verified their education and professional development through the Ohio professional registry (OPR) at https://www.occrra.org.

(b) Ensure the administrator on-site or family child care provider meets the educational requirements for professional development.

(c) Ensure staff roles, schedules and hire dates are accurate and that the staff are linked to the program prior to the registration and maintained in the OPR.

(d) Not falsifying any documentation required to meet the standards. Falsified documentation is to be cited in accordance with Chapters 5101:2-12, 5101:2-13, 3301-32 and 3301-37 of the Administrative Code.

(5) The center or family child care program is not to have an accumulation of twenty-four moderate and/or serious risk non-compliance points within the previous twelve months or for a preschool or school child program a six-point serious risk non-compliance .

(a) Moderate and serious risk non-compliances are listed in appendix A to rule 5101:2-12-03 of the Administrative Code for child care centers and appendix A to rule 5101:2-13-03 of the Administrative Code for family child care providers.

(b) Serious risk non-compliances are listed in rule 3301-37-02 of the Administrative Code for preschools and rule 3301-32-11 of the Administrative Code for school child programs.

(c) The accumulation of points are not to be within the previous twelve months prior to the registration date and between the registration date and the rating effective date.

(d) If a licensing inspection has not occurred within twelve months, the most recent licensing inspection is to be considered.

Last updated January 30, 2026 at 4:07 PM

History

• Effective: July 7, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-17-03 "Step Up To Quality" (SUTQ): desk reviews, on-site verification visits and bronze, silver, or gold rating awards.

(A) What programs qualify for a desk review?

Programs who are eligible pursuant to rule 5180:2-17-02 of the Administrative Code and have submitted a completed registration.

(B) How is the bronze, silver, or gold rating awarded?

(1) The program is not to be awarded a rating higher than was confirmed by the program during the registration process.

(2) A program is not to be awarded a rating, or a lower rating may be assessed, if at the desk review or on-site verification visit the program does not meet the standards for the rating the program confirmed at registration.

(C) How is a deferral issued?

(1) A deferral may be issued at the conclusion of the electronic or on-site verification visit if the program cannot demonstrate it is meeting the standards.

(2) If the program cannot meet the deferral requirement within the time frame given, a lesser rating may be awarded.

(D) When is a program's bronze, silver, or gold rating effective?

The rating award of bronze, silver, or gold is to be effective:

(1) The Sunday following the thirtieth day after the completion of the on-site verification visit.

(2) If a deferral was issued, the Sunday following the thirtieth day after the end of the deferral period.

(3) The Sunday following the thirtieth day after the focused review or the deferral due date.

(4) The Sunday following approval or license begin date, whichever is later, after:

(a) The desk review;

(b) A rating is awarded pursuant to paragraphs (G) and (H) of this rule.

(E) How long does a rating award last?

A program's rating award will be continuous from their effective date except for programs with specialized ratings. Programs wishing to change their rating are to submit an ongoing registration.

(F) When does a program receive a full on-site verification visit to review all quality standards?

(1) A bronze rated program will receive a full on-site verification visit every other year.

(2) A silver or gold rated program will receive a full on-site verification visit every three years.

(G) What are the requirements to obtain a specialized rating if a program owner, with multiple rated programs, wants to have a new program's rating expedited?

(1) The program is to request the rating in the Ohio child licensing and quality system (OCLQS) at https://oclqs.my.site.com during the application process or within the first thirty days of the provisional license period.

(2) The program's owner is to own multiple licensed programs that include the following:

(a) At least fifty per cent of the owner's programs are rated a bronze, silver, or gold; and

(b) Two or more of the programs are rated a silver or gold.

(3) The rating awarded is equal to the lowest rating of the silver and gold rated program if the program meets the following:

(a) All administrator and staff qualifications are to be met pursuant to appendix A to rule 5180:2-17-01 of the Administrative Code for the rating to be awarded.

(b) The program implements a verified written, researched-based, comprehensive curriculum and formal child assessment pursuant to appendix A to rule 5180:2-17-01 of the Administrative Code.

(4) If the program is unable to meet the requirements of paragraph (G)(3) of this rule, a lesser rating may be awarded.

(5) In order to continue the bronze, silver, or gold rating, the program is to:

(a) Submit an ongoing registration within one hundred twenty days of the rating begin date; and

(b) Comply with a desk review including documents returned for revision and the on-site verification visit.

(6) If the new program fails to comply with paragraph (G)(5) of this rule, the rating is to be discontinued.

(H) What are the requirements to obtain a specialized rating if a head start grantee or national association for the education of young children (NAEYC) accredited or accredited+ program owner, wants to obtain an expedited rating?

(1) The program is to request the rating in OCLQS.

(2) The program is to provide one of the following:

(a) Notice of head start grantee award letter.

(b) Accreditation or accreditation+ status documentation.

(3) A bronze, silver, or gold rating will be awarded if the program meets the following:

(a) All administrator and staff qualifications are to be met according to appendix A to rule 5180:2-17-01 of the Administrative Code.

(b) The program implements a verified written, research-based, comprehensive curriculum and formal child assessment according to appendix A to rule 5180:2-17-01 of the Administrative Code.

(4) In order to continue the bronze, silver, or gold rating, the program is to:

(a) Submit an ongoing registration within one hundred twenty days of the rating begin date; and

(b) Comply with a desk review including documents returned for revision and the on-site verification visit.

(5) If the program fails to comply with paragraph (H)(4) of this rule, the rating is to be discontinued.

(I) What are the requirements to continue a rating if the program's owner changes?

(1) An initial program applicant may be awarded a bronze, silver, or gold rating when the owner is changing if the following requirements are met:

(a) The bronze, silver, or gold rating has been awarded for the previous thirteen months.

(b) The new program requests the rating in OCLQS during the application process or within the first thirty days of the provisional license period.

(2) The bronze, silver, or gold rating award is to equal the current rating if the program meets the following:

(a) All administrator and staff qualifications are to be met pursuant to appendix A to rule 5180:2-17-01 of the Administrative Code for the rating to be awarded.

(b) The program implements a verified written, researched-based, comprehensive curriculum and formal child assessment pursuant to appendix A to rule 5180:2-17-01 of the Administrative Code as set forth by the verification process.

(3) If the program is unable to meet all of the requirements of paragraph (I)(2) of this rule, a lesser rating may be awarded.

(4) In order to continue the rating, the program is to:

(a) Submit an ongoing registration within one hundred twenty days of the rating begin date: and

(b) Comply with a desk review including documents returned for revision and the on-site verification visit.

(5) If the program fails to comply with paragraph (I)(4) of this rule, the rating is to be discontinued.

(J) Will the rating continue if a program changes its location?

Yes the rating will be continued provided the change is done in accordance with rules 5180:2-12-02, 5180:2-13-02, 5180-37-02, and 5180-32-11 of the Administrative Code.

(K) If a rated family child care provider with a bronze, silver, or gold changes from a licensed type A home to a licensed type B home or from a licensed type B home to a licensed type A home, will the rating continue?

Yes the rating will be continued.

(L) Will the rating be reinstated if a program was previously rated and the rating was discontinued due to the program being in temporary closure status for more than one hundred eighty days pursuant to rule 5180:2-12-02 or 5180:2-13-02 of the Administrative Code?

A program's rating will automatically be reinstated to the previous rating when the license is reactivated. The new rating effective date will be the Sunday following the Ohio department of children and youth (DCY) approval.

(1) Once the reinstated rating has been awarded, in order to continue the rating, the program is to:

(a) Submit an ongoing registration within sixty days of the rating begin date.

(b) Comply with a desk review including documents returned for revision and the on-site verification visit.

(2) What if the program fails to comply with paragraph (L)(1) of this rule?

The rating is to be discontinued.

(M) What if a licensed program is determined not to be meeting any of the standards outlined in appendix A to rule 5180:2-17-01 of the Administrative Code?

The program is to:

(1) Comply with any desk reviews or on-site verification visits.

(2) Submit any documents requested by the licensing entity.

Last updated May 1, 2026 at 8:07 AM

History

• Effective: April 30, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-17-04 "Step Up To Quality" (SUTQ): changes, , removals, or requests to withdraw a bronze, silver, or gold rating.

(A) How does a program request a rating change from bronze, silver, or gold?

The program is to:

(1) Log onto https://oclqs.my.site.com to complete an ongoing rating registration.

(2) Electronically submit the registration.

(B) When can a rating be reduced or removed?

(1) For centers and family child care providers:

(a) The rating is to be removed if the program receives a letter of intent to revoke a license .

(b) The rating may be reduced or removed if if it is determined that the program has an accumulation of twenty-four moderate and/or serious risk non-compliance points or a six-point serious risk non-compliance within the previous twelve months as listed in appendix A to rule 5101:2-12-03 of the Administrative Code for child care centers and appendix A to rule 5101:2-13-03 of the Administrative Code for family child care providers.

(2) For preschool and school child programs , the rating may be reduced or removed if it is determined that the program has a six-point serious risk non-compliance as shown in rule 3301-37-02 of the Administrative Code and rule 3301-32-11 of the Administrative Code .

(3) The rating may be reduced or removed if the Ohio department of children and youth (DCY) or the county agency determines the program is not meeting any of the standards outlined in appendix A to rule 5101:2-17-01 of the Administrative Code.

(C) What are the requirements following a rating reduction pursuant to paragraph (B) of this rule?

(1) The program is not to be awarded a rating for six months after the new rating begin date; this includes a reduction to a zero rating.

(2) Paragraph (C)(5) of rule 5101:2-17-02 of the Administrative Code is to only apply to inspections completed after the effective date of the reduction of a rating.

(D) What are the requirements following a rating removal pursuant to paragraph (B) of this rule?

(1) The program is to not be awarded a rating for twelve months from the date of removal.

(2) Paragraph (C)(5) of rule 5101:2-17-02 of the Administrative Code is to only apply to inspections completed after the effective date of the removal of a rating.

(E) How can a program with an agreement to provide publicly funded child care (PFCC) avoid a gap in PFCC services when its SUTQ exemption pursuant to Chapter 5101:2-16 of the Administrative Code is expiring or no longer exists?

(1) If a program is currently meeting a time-limited exemption pursuant to Chapter 5101:2-16 of the Administrative Code and does not submit a registration for SUTQ between one hundred eighty days and ninety days prior to the expiration of the exemption, the program may have a gap in PFCC services. Time-limited exemptions are a reduction or removal pursuant to paragraph (B) of this rule as well as a program at the end of its provisional license period.

(2) If a program no longer meets any of the other exemptions pursuant to Chapter 5101:2-16 of the Administrative Code and does not submit a registration for SUTQ within thirty days of no longer meeting the exemption criteria, the program may have a gap in PFCC services.

(F) How does a program withdraw from SUTQ ?

A program that has submitted a registration for SUTQ or that has a current SUTQ rating may withdraw from SUTQ by requesting a withdrawal at https://oclqs.my.site.com.

Last updated January 30, 2026 at 4:07 PM

History

• Effective: July 7, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-17-05 "Step Up To Quality" (SUTQ): request for review.

(A) What are the reasons a program may request a review of a rating decision?

(1) Denial of a rating.

(2) The award of a lesser rating.

(3) The removal or reduction of a rating pursuant to rule 5101:2-17-04 of the Administrative Code.

(B) How does a program submit a request for review?

A program is to follow the process as outlined by the licensing agency.

(C) When may a program submit a request for review?

Within seven business days of the following:

(1) Notification of the denial of the rating.

(2) Notification of the rating award.

(3) Date of the letter indicating the removal or reduction of the rating award.

Last updated January 30, 2026 at 4:07 PM

History

• Effective: July 7, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-17-06 "Step Up To Quality" (SUTQ): county agency responsibilities.

(A) What are the responsibilities of the county agency for SUTQ?

The county agency staff are to:

(1) Utilize the Ohio child licensing and quality system (OCLQS) to support SUTQ.

(2) Follow all requirements contained in Chapter 5101:2-17 of the Administrative Code.

(3) Follow the policies and procedures for all SUTQ responsibilities as assigned.

(4) Recommend rating actions for approval.

(B) May the county agency have additional requirements that exceed the SUTQ standards in Chapter 5101:2-17 of the Administrative Code?

The county agency is not to have additional requirements for SUTQ.

(C) May the county agency contract out the SUTQ responsibilities?

The county agency may contract out the SUTQ responsibilities but is to ensure that the requirements of this chapter are met.

Last updated January 30, 2026 at 4:07 PM

History

• Effective: July 7, 2024
• Promulgated Under: 119.03

Chapter 5180:2-18 Child Day Camps

Ohio Adm.Code 5180:2-18-01 Definitions for registered and approved child day camps.

As used in this chapter:

(A) "Adult" means an individual who is at least eighteen years of age.

(B) "Advanced practice registered nurse (APRN)" means a certified registered nurse anesthetist, clinical nurse specialist, certified nurse midwife or certified nurse practitioner under Chapter 4723. of the Revised Code.

(C) "Approved child day camp" means a child day camp approved pursuant to section 5104.22 of the Revised Code.

(1) Approved child day camps shall meet one of the following requirements:

(a) Be accredited by the American camp association (ACA).

(b) Be accredited by any nationally recognized organization that accredits child day camps by using standards that the Ohio department of children and youth (DCY) has determined are substantially similar and comparable to those of the ACA.

(2) Approved child day camps shall meet the requirements in sections 5104.21 and 5104.22 of the Revised Code, and Chapter 5180:2-18 of the Administrative Code.

(D) "Authorized representative" means an individual employed by a child day camp that is owned by a person other than an individual and who is authorized by the owner to do all of the following:

(1) Communicate on the owner's behalf.

(2) Submit on the owner's behalf child day camp registrations and applications for approval.

(3) Enter into provider agreements for publicly funded child care.

(E) "Child" means an infant, toddler, preschool child or school-age child.

(F) "Child care" per section 5104.01 of the Revised Code means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;

(2) By persons other than their parents, guardians, or custodians;

(3) For part of the twenty-four-hour day;

(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home;

(5) By a provider required by Chapter 5104. of the Revised Code to be licensed or approved DCY, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104.32 of the Revised Code.

(G) "Child day camp" means a program in which only school-age children attend or participate, that operates for no more than twelve hours per day and no more than fifteen weeks during the summer. For purposes of this chapter, the maximum twelve hours of operation time does not include transportation time from a child's home to a child day camp and from a child day camp to a child's home.

(H) "Child day camp administrator" means the person responsible for the daily operation of the child day camp. The administrator and the owner may be the same person. The administrator is also a child day camp staff member.

(I) "Child day camp owner" includes a person, as 'person' is defined in section 1.59 of the Revised Code, or a government entity.

(J) "Child day camp staff member" means an employee of an approved child day camp whose primary responsibility is to provide care and supervision of children. Only a child day camp staff member may be part of the staff-to-child ratio.

(K) "Corrective action plan" describes the action taken by the program to correct a licensing non-compliance. This plan does not confirm whether the program is in compliance with the ruleor negate the non-compliance finding. Corrective action plans are submitted in the Ohio statewide licensing system and are to be completed in their entirety to be approved.

(L) "Dentist" means a person issued a certificate to practice in accordance with Chapter 4715. of the Revised Code and rules adopted by the state dental board or a comparable body in a state.

(M) "Employee" means an indiviudal who receives compensatioon for duties performed in an approved child day camp; or who is assigned specific working hours or duties in an approved child day camp. This includes contracted employees or self-employed individuals who are compensated by the program and who has unsupervised access to children in the program.

(N) "Field trips" means infrequent or irregularly scheduled excursions from the camp.

(O) "Hazardous weather conditions" means winds of twenty miles per hour or greater, continuous or heavy rain, hail, extreme temperatures, lightening or tornado warnings or watches within a twenty mile radius of a child day camp activity site.

(P) "Medical food" means food that is formulated to be consumed under the supervision of a physician, physician assistant (PA), or advanced practice registered nurse (APRN) and which is intended for the specific dietary management of a disease or condition.

(Q) "Medication" means any substance or preparation which is used to prevent or treat a wound, injury, infection, infirmity or disease. This includes medication that is over the counter, or prescribed or recommended by a licensed dentist, licensed physician, physician assistant (PA), or advance practice registered nurse (APRN) certified to prescribe medication, and permitted by the parent for administration or application.

(R) "Natural bodies of water" mean any river, stream, creek or spring or any natural or man-made lake or pond.

(S) "Ohio professional registry (OPR)" is an online professional development tool for Ohio's child care professionals.

(T) "Ohio statewide licensing system" is the DCY system for child care licensing, certification, approval, and step up to quality functions and activities.

(U) "On-site" means a primary use space where regular child day camp programming takes place.

(V) "Operate a child day camp" means to operate, establish, manage, conduct, or maintain a child day camp.

(W) "Parent" means the father or mother of a child, an adult who has legal custody of a child, an adult who is the guardian of the child, or an adult who stands in loco parentis with respect to a child, and whose presence in the home is needed as the caretaker of the child. Parent has the same meaning as "caretaker parent" as defined in section 5104.01 of the Revised Code.

(X) "Physician" means a person issued a certificate to practice in accordance with Chapter 4731. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(Y) "Physician assistant (PA)" means a person who has obtained a valid certificate to practice in accordance with Chapter 4730. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(Z) "Primary use space" means any space, including buildings and/or tracts of land, that is used by the child day camp at least seventy per cent of the day for programming purposes involving the enrolled children. Primary use spaces do not include areas that are not owned, rented or operated by the camp such as field trip locations or routine trip locations.

(AA) "Primitive campsite" means any outdoor space in a natural environment without access to electricity, water supply systems, central food service, sewage treatment facilities and/or housing.

(BB) "Public children services agency (PCSA)" means an entity specified in section 5153.02 of the Revised Code that has assumed the powers and duties of the children services function prescribed by Chapter 5153. of the Revised Code for a county.

(CC) "Registered child day camp" means a camp that has completed and submitted a registration and fee to DCY for the purpose of reporting the operation of a child day camp. Registered child day camps are assigned a registration number and are included in the DCY searchable database of child care providers in the state of Ohio. Registered child day camps shall abide by rule 5180:2-18-02 of the Administrative Code, but are not considered "approved child day camps" and are not required to abide by the rules in Chapter5180:2-18 of the Administrative Code that refer to camps approved to provide publicly funded child care.

(DD) "Routine trips" means repeated excursions off the child day camp premises which regularly occur on a previously scheduled basis with parental permission.

(EE) "School-age child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above but is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old.

(FF) "School building" has the same meaning and meets the requirements in the section 3301.55 of the Revised Code.

(GG) "Special needs child care" refers to care providedfor a child under the age of eighteen who:

(1) Has one or more chronic (ongoing) health conditions; or

(2) Requires additional support due to severe developmental differences in one or more of the following areas:

(a) Social development.

(b) Emotional development.

(c) Cognitive development.

(d) Communication skills.

(e) Perception skills.

(f) Perception and sensory processing.

(g) Motor skills.

(h) Physical health or mobility.

(i) Behavioral development.

(3) These needs require regular and ongoing adaptations and/or daily specialized support to support their child's development. As a result, the level of care needed is significantly increased and leads to ongoing additional expenses for the child care program.

(HH) "Specialized activities" means those camp program activities that meet one or more of the following:

(1) Require a specialized skill set or knowledge.

(2) Use equipment, animals or tools that require supervision by a person skilled in their use.

(3) Involve the use of fire or the use of heat-producing equipment or substances.

(4) Require injury-protection equipment, such as, but not limited to, helmets, goggles or padding.

(5) Consist of specific sport related programs only, such as, but not limited to, baseball, lacrosse, soccer, etc.

(II) "Supervision "means the process of overseeing care of children in a child day camp and includes the duty to keep children safe from harm.

(JJ) "Visitor" means an individual who is not considered an employee but may be temporarily present in the program. A visitor does not have assigned duties, is not used in ratio, or left alone with children,

(KK) "Voluntary temporary closure" means the program requests to stop serving children, but not close the approval. A voluntary temporary closure shall not exceed twelve months.

(LL) "Volunteer" means an individual who is not considered an employee. A volunteer may have assigned duties, but is not counted in ratio, and is not left alone with children.

Last updated July 1, 2026 at 8:43 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-02 Requirements for registered child day camps.

(A) Which child day camps are to register with the Ohio department of job and family services (ODJFS)?

All child day camps are to annually register with ODJFS before beginning operations, unless the child day camp meets the exemption criteria in section 5104.21 of the Revised Code.

(B) How do child day camps register with ODJFS?

The child day camp is to complete and submit a registration and pay a registration fee online in the Ohio child licensing and quality system (OCLQS) at https://oclqs.force.com by March fifteenth annually.

(1) The fee for registration is twenty-five dollars per camp, not to exceed two hundred fifty dollars for all camps, pursuant to section 5104.21 of the Revised Code. The fee is nonrefundable and nonreturnable.

(2) The registration is effective for the period of March fifteenth of the current year through March fourteenth of the following calendar year.

(3) Registration of a child day camp after March fifteenth is effective from the date of registration through March fourteenth of the following calendar year.

(C) What happens if a child day camp fails to register with ODJFS, or knowingly provides false information to ODJFS?

If a child day camp that is to register under section 5104.21 of the Revised Code fails to register with ODJFS, or if a child day camp that files a registration form knowingly provides false or misleading information, the child day camp is to register correctly and pay a registration fee equal to three times the registration fee.

(D) What are the background check requirements for registered child day camps?

(1) All applicants, employees and child day camp staff members of the registered child day camp, including child day camp administrators and child day camp owners, are to request a bureau of criminal investigation (BCI) and a federal bureau of investigation (FBI) criminal records check pursuant to section 5104.013 of the Revised Code. The request is to be made at the time of initial application for employment, and every five years thereafter.

(2) A registered child day camp may employ an applicant, or continue to employ a child day camp staff member, an employee, and/or a child day camp administrator, until the criminal records check is completed and the camp receives the result of the check. The camp is not to grant the individual sole responsibility for the care, custody or control of a child until the results of the criminal records check have been reviewed and it is determined that the individual is eligible for employment. If the results indicate that the individual is ineligible for employment, the camp is to immediately release the individual from employment.

(3) The registered child day camp is to determine an individual ineligible for employment if the person has been convicted of or pleaded guilty to any of the violations described in division (A)(5) of section 109.572 of the Revised Code, unless the individual meets the rehabilitation criteria found in appendix A to this rule. If the individual, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the individual's fingerprints, the registered child day camp is to consider the failure a reason to determine an individual ineligible for employment. When the individual is determined ineligible, the registered child day camp is not to employ the individual or contract with another entity for the services of the individual.

(4) Each registered child day camp is to pay the fee prescribed by BCI and FBI to BCI and FBI for each criminal records check conducted. A camp may charge an individual a fee for the costs it incurs in obtaining a criminal records check. The fee charged is not to exceed the fees the camp pays under this rule. If a fee is charged, the camp is to notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the camp will not consider the applicant for employment.

(5) Criminal records check results are confidential and not public records and are not to be made available to any person other than the person who is the subject of the criminal records check, or the person's representative, the director of job and family services, the child day camp administrator, and any court, hearing officer, or other necessary individual involved in a case dealing with a denial or revocation of registration related to the criminal records check.

(E) When may registered child day camps be inspected by ODJFS?

(1) The director of job and family services may periodically conduct a random sampling of registered child day camps pursuant to section 5104.21 of the Revised Code to determine compliance with section 5104.013 of the Revised Code.

(2) All registered child day camps are to comply with any inspection conducted by ODJFS.

(F) What are registered child day camps to provide to the parents of children who participate in the camp?

A child day camp administrator or a designated staff member is to provide the parents of each child who attends or participates in the registered child day camp with the telephone numbers of the county department of health or local health district and the public children services agency of the county in which the child day camp is located, and a statement that the parents may use these telephone numbers to make a complaint regarding the child day camp.

Last updated January 30, 2026 at 4:14 PM

History

• Effective: April 27, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-03 Approved child day camp registration and application.

(A) Which child day camps are to register with the Ohio department of children and youth (DCY)?

All child day camps are to annually register with DCY before beginning operations, unless the child day camp meets the exemption criteria in section 5104.21 of the Revised Code.

(B) How do child day camps register with DCY?

The child day camp is to complete and submit a registration and pay a registration fee online in the Ohio statewide licensing system.

(1) The fee for registration is twenty-five dollars per camp, not to exceed two hundred fifty dollars for all camps, pursuant to section 5104.21 of the Revised Code. The fee is nonrefundable and nonreturnable.

(2) The registration is effective for the period of March fifteenth of the current year through March fourteenth of the following calendar year.

(3) Registration of a child day camp after March fifteenth is effective from the date of registration through March fourteenth of the following calendar year.

(4) By March fifteenth of each year, child day camps are to reactivate their registration in the statewide licensing system.

(C) What happens if a child day camp fails to register with DCY, or knowingly provides false information to DCY?

If a child day camp that is to register under section 5104.21 of the Revised Code fails to register with DCY, or if a child day camp that files a registration form knowingly provides false or misleading information, the child day camp is to register correctly and pay a registration fee equal to three times the registration fee.

(D) What is the application process when a registered child day camp wants to be approved to provide publicly funded child care (PFCC)?

The registered child day camp owner or the owner's authorized representative is to:

(1) Obtain accreditation by the American camp association (ACA) or any nationally recognized organization that accredits child day camps by using standards that DCY has determined are substantially similar and comparable to those of the ACA.

(2) Complete a professional registry profile for the child day camp owner through the Ohio professional registry (OPR).

(3) Create an employment record in the OPR on or before the first day of employment, including date of hire, if an individual owner or individual authorized representative is an employee of the child day camp.

(4) Update individual profile in the OPR within ten calendar days of a change to their contact information and/or position.

(5) Complete the pre-camp and staff orientation training for approved child day camp owners, administrators and child day camp staff members in the OPR. The orientation training is to have been taken within two years prior to the application date.

(6) Complete and submit the application for an approved child day camp online in the Ohio statewide licensing system.

(a) The application is to be completed by April fifteenth of the year the camp wishes to be approved to provide PFCC. Completed applications received by DCY after April fifteenth may not be approved by the beginning of that summer.

(b) Any application submitted without complete and accurate information will need to be amended with complete and accurate information before being approved.

(7) Comply with an initial pre-approval inspection by DCY.

(E) What additional items shall be submitted during the application process?

(1) A background check is to be requested at the time of application in accordance with rule 5180:2-18-07 of the Administrative Code.

(2) The following items will be completed and submitted prior to approval:

(a) Documentation of current accreditation by the ACA or any nationally recognized organization that accredits child day camps by using standards that DCY has determined are substantially similar and comparable to those of the ACA.

(b) Documentation of a building inspection, if applicable. Approval will not be given without the Certificate of occupancy issued in accordance with Chapters 3781. and 3791. of the Revised Code. Child day camps operating in a school building serving school age children are exempt from this requirement.

(c) Name of administrators and documentation that they meet the qualifications as outlined in rule 5180:2-18- 05 of the Administrative Code.

(d) When the owner is an individual, the name of the individual owner. When the owner is a corporation, business trust, estate trust, partnership or association, the name of each individual with an ownership interest.

(e) Documentation of business entity registered with a local, state or federal agency, if applicable.

(f) A detailed and labeled site plan that includes: An indoor plan of the space proposed to be used to care for children and an outdoor play space diagram that includes the space used by children in care.

(g) Fire inspection, if applicable, issued in accordance with Chapters 3781. and 3791. of the Revised Code.

(h) Valid food service operation license, exemption status, and/or food processing establishment registration with the Ohio department of agriculture (ODA).

(F) How long is a child day camp approved?

A child day camp shall be approved until March fourteenth of the following year, unless one of the following occurs:

(1) The approval is terminated for noncompliance with section 5104.21 or 5104.22 of the Revised Code or Chapter 5180:2-16, 5180:2-18 or 5180:6-1 of the Administrative Code.

(2) The approved child day camp fails to maintain accreditation by the ACA or similar accrediting body approved by DCY.

(3) The camp changes ownership or the primary use space as defined in rule 5180:2-18-01 of the Administrative Code is moved to a new address.

(4) The approved child day camp notifies DCY in writing of its voluntary withdrawal from the approval process.

(G) What are the requirements once an approval has been issued?

At the time the child day camp receives its approval, the child day camp shall complete and submit a provider agreement and all information required pursuant to rule 5180:2-16-09 of the Administrative Code in the Ohio statewide licensing system. This information shall be submitted before the first day PFCC services are provided.

(H) What are the requirements to renew an approval for a child day camp?

(1) Prior to March fourteenth of the following year, the child day camp shall complete and submit an application and a reactivation in the Ohio statewide licensing system.

(2) Approvals shall be renewed without a pre-approval inspection unless:

(a) The child day camp moves to a new primary use space as defined in rule 5180:2-18-01 of the Administrative Code.

(b) The child day camp changes ownership.

(c) The child day camp does not complete and submit an application and registration in the Ohio statewide licensing system by March fifteenth of the following year.

(3) Approvals that have been renewed shall have at least one unannounced inspection by DCY per camp season.

(I) What if the child day camp loses its ACA accreditation or its accreditation by any nationally recognized organization that has been approved by DCY?

(1) The approved child day camp shall notify DCY within twenty-four hours of losing its accreditation.

(2) Approval shall be removed pursuant to paragraph (K) of this rule.

(J) How shall an administrator, owner or owner's authorized representative request a voluntary temporary closure/inactive status for the approval of a child day camp?

(1) The administrator, owner or owner's authorized representative is to request the temporary closure status in the Ohio statewide licensing system. The program approval will then be considered "inactive" in the system.

(2) The temporary closure/inactive status shall not exceed twelve months.

(3) The camp shall not serve any children during the temporary closure/inactive status.

(4) The camp may be required to comply with an inspection prior to the end of the temporary closure/inactive status and prior to serving children again.

(5) If at the end of the twelve months, the camp has not requested in the Ohio statewide licensing system to reactive the approval or is not able to be re-opened, DCY may close the approval without hearing rights afforded by Chapter 119. of the Revised Code.

(K) What happens if approval is denied or removed by DCY?

(1) If DCY denies or removes an approval for non-compliance of section 5104.21 of the Revised Code, or Chapter 5180:2-16, 5180:2-18, or 5180:6-1 of the Administrative Code, the child day camp may not provide PFCC services.

(2) If an approval is removed, another approval shall not be issued to the owner of the child day camp until the child day camp complies with those sections and rules, or for a period of two years from the date the approval was removed, whichever period is longer.

(L) What information is the child day camp to keep current in the Ohio statewide licensing system?

(1) Mailing address.

(2) Telephone number.

(3) Email address.

(4) Days and hours of operation.

(5) Services offered.

(6) Name of administrator.

(7) Name of program.

(8) Private pay rates.

(M) What if the individual listed as an owner in the Ohio statewide licensing system changes?

The approved child day camp is to update the information in the Ohio statewide licensing system within thirty days of the change.

Last updated July 1, 2026 at 8:44 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-04 Compliance inspection and complaint investigation of an approved child day camp.

(A) How many inspections are required for approved child day camps?

(1) At least one inspection prior to the initial issuance of a child day camp approval.

(2) The camp shall comply with at least one inspection each summer the camp renews after the initial issuance of approval.

(3) Any complaint investigations involving the child day camp.

(B) Will inspections be announced or unannounced?

All inspections may be unannounced.

(C) What is required of an approved child day camp for an inspection and/or complaint investigation?

The approved child day camp shall allow the Ohio department of job and family services (ODJFS) to:

(1) Complete an inspection of all areas where children have access, and all areas used to verify compliance with Chapter 5101:2-18 of the Administrative Code and Chapter 5104. of the Revised Code.

(2) Review required records and documentation, including any documentation required for accreditation by the American camp association (ACA) or any nationally recognized organization that accredits child day camps by using standards that ODJFS has determined to be substantially similar to those of the ACA.

(3) Document findings in writing or in photographs or by any other means.

(4) Interview or take statements from any of the following:

(a) Building inspectors, fire department inspectors, sanitarians, public health or other state or local officials.

(b) Neighbors.

(c) Parents and relatives of children enrolled at the approved child day camp.

(d) Staff of the public children services agency (PCSA).

(e) Anyone mentioned by the complainant.

(f) Law enforcement personnel.

(g) Current and past child day camp employees.

(h) Other witnesses.

(D) What are additional requirements for an approved child day camp as a result of an inspection and/or complaint investigation?

The approved child day camp shall:

(1) Complete and submit a corrective action plan in the Ohio child care licensing and quality system (OCLQS) addressing the non-compliances detailed in the inspection report within the time frame requested in the inspection report.

(2) Not misrepresent, falsify or withhold information from ODJFS.

(E) Will an approved child day camp have additional inspections based on non-compliances found?

All non-compliances may lead to additional inspections by ODJFS or compliance materials submitted.

(F) What if the approved child day camp does not agree with ODJFS findings?

The approved child day camp shall:

(1) Complete and submit a JFS 01283 "Request for Review for an Approved Child Day Camp" with any applicable documentation.

(2) Submit the request and documentation within seven business days from the receipt of the inspection report.

(G) Are child day camp inspection records available to the public?

(1) Inspections may be viewed at http://childcaresearch.ohio.gov/.

(2) An individual may submit a written request to ODJFS for a copy of the child day camp's record.

Last updated January 30, 2026 at 4:14 PM

History

• Effective: April 27, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-05 Child day camp administrator requirements for an approved child day camp.

(A) What are the requirements for child day camp administrators in an approved child day camp?

The program is responsible for naming administrators to ensure that program administrative responsibilities are carried out. This could be accomplished by assigning administrator responsibilities to more than one person. The program is responsible to ensure that:

The child day camp administrator completes the following duties:

(1) Manages the daily operation of the approved child day camp and maintains compliance with Chapter 5104. of the Revised Code and Chapter5180:2-18 of the Administrative Code.

(2) Is on-site a minimum of one-half of the hours that the approved child day camp is in operation during the week, or forty hours per week, whichever is less. If there is more than one child day camp administrator, at least one child day camp administrator is to meet this requirement.

(3) Is on-site at least twenty hours per week during the hours of seven a.m. to six p.m., Monday through Friday, for approved child day camps that are in operation on the weekends and/or evenings/overnights, as well as during the week. If there is more than one child day camp administrator, at least one must meet this requirement.

(4) Is responsible for the creation, maintenance and implementation of the policies and procedures detailed in appendix A to this rule, ensuring that nothing in these policies conflicts with Chapter 5104. of the Revised Code or Chapter5180:6-1 or 5180:2-18 of the Administrative Code.

(5) Provides the parents and all employees with the policies and procedures listed in appendix A to this rule.

(6) Provides the information in appendix B to this rule to the parent(s) of children enrolled at the approved child day camp.

(7) Ensures that observations are completed for all junior counselors by a child day camp staff member that is in a supervisory role, pursuant to rule 5180:2-18-06 of the Administrative Code.

(8) Maintains a file available on-site for each enrolled child by the child's first day of attendance which shall include:

(a) The child's name and birthdate.

(b) Emergency contact names and telephone numbers.

(c) The name, address and telephone number of the child's primary care physician.

(d) A medical care plan if necessary pursuant to rule 5180:2-18-11 of the Administrative Code.

(9) Ensures that no administrator, employee, or child day camp staff member discriminates in the enrollment of children upon the basis of race, color, religion, sex, disability, or national origin.

(B) What are the Ohio professional registry (OPR) and documentation responsibilities for a child day camp administrator in an approved child day camp?

The child day camp administrator is to:

(1) Create or update their individual profile in the OPR.

(2) Create or update the approved child day camp's organization dashboard in the OPR for each approved child day camp in which they are employed as an administrator.

(3) Ensure that all employees and child day camp staff members complete the following in the OPR:

(a) Create or update their individual profile in the OPR.

(b) Create an employment record in the OPR on or before their first day of employment, including date of hire.

(c) Update individual profiles or employment records in the OPR within ten business days of the change to their contact information and/or position.

(4) Update the approved child day camp's organization dashboard in the OPR within five calendar days of a change for employees and child day camp staff members of the program, including:

(a) Scheduled days and hours.

(b) Group assignments, if applicable.

(c) The end date of employment.

(5) Maintain records on-site for each current employee and child day camp staff member as outlined in Chapter 5180:2-18 of the Administrative Code, if not yet verified in the OPR.

(a) Make employment records available upon request by the Ohio department of children and youth (DCY) for at least three years after each person's departure, if not verified in the OPR.

(b) Keep employment records confidential except when made available to DCY for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5180:2-18 of the Administrative Code.

(C) What if a child day camp administrator is not on the premises?

(1) A child day camp staff member who is at least eighteen years of age shall be designated as the person in charge and be on the premises.

(2) The designated person in charge shall handle all emergencies and have access to all records required by Chapters 5180:6-1 and5180:2-18 of the Administrative Code.

View AppendixView Appendix

Last updated July 1, 2026 at 8:43 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-06 Lead counselor, junior counselor, counselor-in-training and employee requirements in an approved child day camp.

(A) What are the requirements for a lead counselor in an approved child day camp?

A lead counselor is considered a child day camp staff member as defined in rule 5101:2-18-01 of the Administrative Code. A lead counselor shall:

(1) Be at least eighteen years of age.

(2) Comply with the background check requirements pursuant to rule 5101:2-18-07 of the Administrative Code.

(3) Complete a professional registry profile through the Ohio professional registry (OPR) at https://occrra.org by the first day of employment.

(B) What are the requirements for a junior counselor in an approved child day camp?

A junior counselor is considered a child day camp staff member as defined in rule 5101:2-18-01 of the Administrative Code. A junior counselor shall:

(1) Be at least sixteen years of age.

(2) Be at least two years older than the group of children with whom they are working.

(3) Demonstrate the ability to handle groups of children independently through observations by staff in supervisory roles.

(4) Comply with the background check requirements pursuant to rule 5101:2-18-07 of the Administrative Code.

(5) Complete a professional registry profile through the OPR by the first day of employment.

(C) What are the requirements for a counselor-in-training in an approved child day camp?

A counselor-in-training shall be considered a child in care and shall:

(1) Be at least twelve years of age and no more than fifteen years of age.

(2) Be part of a structured volunteer program at the camp that offers leadership and work experience opportunities for older school-agers.

(3) Be included in staff/child ratios as a child, not a child day camp staff member.

(4) Not be left alone with children.

(5) Not be considered an employee or child care staff member, and not subject to the background check requirements in rule 5101:2-18-07 of the Administrative Code.

(D) What are the requirements for an employee in an approved child day camp?

An employee at an approved child day camp is not considered a child day camp staff member and cannot be left alone with children. An employee shall:

(1) Be at least fifteen years of age.

(2) Comply with the background check requirements pursuant to rule 5101:2-18-07 of the Administrative Code.

(3) Complete a professional registry profile through OPR by the first day of employment.

(E) What are the orientation requirements for child day camp staff members, including administrators, in an approved child day camp?

(1) All child day camp staff members including administrators shall complete the online pre-camp and staff orientation training for approved child day camp owners, administrators and child day camp staff members prescribed by ODJFS within thirty days of starting employment, unless the staff member has documentation of completion of the training after the effective date of this rule.

(2) Completion of training shall be documented with verification from the OPR.

(3) The online orientation may be used for up to five hours of professional development for child day camp staff members pursuant to rule 5101:2-18-08 of the Administrative Code.

(4) Child day camp staff members may be used in ratio, but may not have sole care of the children until the pre-camp orientation is completed.

Last updated January 30, 2026 at 4:14 PM

History

• Effective: April 27, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-07 Background check requirements for an approved child day camp.

(A) What records are included in a background check?

(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3) National sex offender registry.

(4) State sex offender registry.

(5) Statewide automated child welfare information system (SACWIS) records.

(B) Who shall have a background check?

(1) An individual owner of an approved child day camp or applicant; or if the owner is a firm, organization or agency, an authorized representative of the owner.

(2) An administrator or child day camp staff member as defined in rule 5180:2-18-01 of the Administrative Code.

(3) An employee of an approved child day camp as defined in rule 5180:2-18-01 of the Administrative Code. A volunteer or visitor is not an employee.

(4) A child day camp staff member as defined in rule 5180:2-18-01 of the Administrative Code.

(C) Who is not required to have a background check?

Background checks are not required for volunteers and visitors. These are individuals who:

(1) Are not counted in staff-child ratio.

(2) Are not to be left alone with children at any time.

(D) When is a background check required?

(1) At initial application for approval of a child day camp.

(2) Prior to the first day of employment for employees and child day camp staff members.

(3) Every five years from the date of the most recent BCI records check.

(E) How is a background check obtained?

The individual shall:

(1) Create a profile in the Ohio professional registry (OPR).

(2) Submit fingerprints electronically according to the process established by BCI, and have the BCI and FBI results sent directly to the Ohio department of children and youth (DCY).

(3) Complete and submit the request for a background check for child care in the OPR.

(F) What if an individual previously resided in a state other than Ohio?

(1) DCY will contact any states in which the individual resided in the previous five years to request the information required in paragraph (A) of this rule.

(2) Any information received from other states will be reviewed and considered by DCY as part of the background check review pursuant to paragraph (H) of this rule.

(G) What happens if an individual does not complete the full background check determination process?

(1) If the individual completes only the requirements in paragraph (E)(2) of this rule or only the requirements in paragraph (E)(3) of this rule and does not submit the other component within forty-five days, the background check process will end and a determination of eligibility will not be made.

(2) DCY will notify the individual and the program that the background check determination process has ended.

(3) The individual will need to complete the requirements of paragraphs (E)(2) and (E)(3) of this rule to restart the background check determination process in the future.

(H) What makes an individual ineligible to own or be employed by an approved day camp?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code, unless the individual meets the rehabilitation criteria in appendix A to this rule.

(a) Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b) A conviction or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(2) Being registered or required to be registered on the national or state sex offender registry or repository.

(3) The individual is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date the request for background check was submitted or the individual has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by that specific individual.

(I) What happens after the individual requests the background check in the OPR and submits fingerprints through a webcheck location?

(1) The approved child day camp and individual will receive notification of preliminary approval generated from the OPR.

(2) The approved child day camp will receive theDCY 01176 "Program Notification of Background Check Review for Child Care" from DCY and shall keep it on file if not available in the OPR.

(a) For those individuals not eligible for employment, the approved child day camp shall not hire the individual or shall terminate them from employment immediately upon receipt of theDCY 01176.

(b) Until preliminary approval is received fromDCY, an administrator, employee or child day camp staff member hired on or after the effective date of this rule shall not engage in any assigned duties or be near children.

(c) A child day camp staff member with preliminary approval but not a DCY 01176 on file at the child day camp or in the OPR shall not be left alone with children and shall be supervised at all times by another child day camp staff member with a DCY 01176 on file or in the OPR.

(d) Only child day camp staff members with aDCY 01176 on file at the child day camp or in the OPR may be left alone with children.

(3) The individual will receive the DCY 01177 "Individual Notification of Background Check Review for Child Care" from DCY.

(a) If the individual believes the information received is not accurate, the individual may directly contact the agency that contributed the questioned information.

(b) If the individual disagrees with the employment eligibility decision made by DCY, a DCY 01178 "Request for Review of Background Check Decision for Child Care" shall be completed to request a review of the decision. TheDCY 01178 shall be submitted within fourteen business days from the date on the DCY 01177.

(J) What happens after an individual submits aDCY 01178 to DCY?

If an individual requests a review of a background check decision pursuant to paragraph (I)(3)(b) of this rule:

(1) The program shall not allow the individual to be on-site at the program during the review by DCY.

(2) If the individual is determined to be eligible for employment, the program may allow the individual to be employed and shall keep the updated DCY 01176 on file pursuant to paragraph (I)(2) of this rule.

(K) What are the background check requirements if an individual becomes employed at another approved child day camp or licensed child care program?

(1) Only the request for a background check for child care in the OPR is required if the individual meets all of the following:

(a) The individual has a current background check determination byDCY completed in the previous five years pursuant to this rule.

(b) The individual has been employed by an approved child day camp, licensed child care center, licensed type A home, licensed type B home, a licensed preschool or school-age program approved to provide publicly funded child care or certified as an in-home aide or was a resident of a licensed type A home or licensed type B home in the previous one hundred eighty consecutive days.

(2) Upon receipt of the request,DCY will provide the DCY 01176 based on the existing background check determination on file to the new employer.

View Appendix

Last updated July 1, 2026 at 8:43 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-08 Training and professional development requirements for an approved child day camp.

(A) What are the health training requirements for an approved child day camp?

(1) All child day camp staff members are to be currently trained in first aid and cardiopulmonary resuscitation (CPR). Both the first aid and the CPR trainings are to be appropriate for the age and developmental levels of the children in care.

(a) First aid and CPR trainings are to be completed within the first thirty days of hire.

(b) Until all required individuals are current in the trainings, at a minimum, the child day camp is to have at least one trained child day camp staff member on-site (in each building or on the grounds) during all hours of operation who meets this requirement.

(2) An approved child day camp shall have at least one child day camp staff member on-site (in each building or on grounds) during all hours of operation who is currently trained in management of communicable disease (more than one person may be used to meet this requirement).

(3) All child day camp staff members are to be currently trained in child abuse and neglect recognition and prevention. The child abuse and neglect recognition and prevention training shall be completed within thirty days of hire.

(a) If the child day camp provides training in child abuse and neglect recognition and prevention and meets the American camp association (ACA) requirements, it can be taken in place of the Ohio department of job and family (ODJFS) training.

(b) Until all required individuals are current in this training, at a minimum, the child day camp is to have at least one trained child day camp staff member on-site (in each building or on the grounds) during all hours of operation who meets this requirement.

(4) Trainings are to meet course and trainer requirements in appendix A to this rule.

(5) If a child day camp staff member meets the trainer requirements in appendix A to this rule for a health training, that person is considered to meet the health training requirement for that health training pursuant to paragraphs (A)(1) and (A)(2) of this rule.

(6) Audiovisual or electronic media training are not to be used to meet the CPR training requirement pursuant to paragraph (A)(1) of this rule unless there is also an in-person training component.

(B) What are the ongoing professional development training requirements for the administrator and child day camp staff members ?

Complete a minimum of five clock hours of professional development training each fiscal year in any of the categories approved by the ACA or similar camp accrediting body approved by ODJFS. The fiscal year is defined as July first through June thirtieth.

(C) What verification is needed on file at the approved child day camp to document the completed training?

(1) The health trainings shall be documented by one of the following:

(a) Verification from the Ohio professional registry (OPR).

(b) Training cards or certificates issued by the training organization.

(c) The JFS 01276 "Health Training Documentation for Child Care."

(2) The on-going professional development shall be documented by one of the following:

(a) Verification from OPR.

(b) Transcript of completion of college courses from an accredited university, college or technical college.

(i) One quarter credit hour equals ten clock hours of training.

(ii) One semester credit hour equals fifteen clock hours of training.

(c) Certificates indicating continuing education units (CEU). One CEU equals ten clock hours of training.

(d) Certificates issued by ACA or a similar camp accrediting body approved by ODJFS.

(e) The JFS 01307 "Professional Development Documentation for Child Care."

(f) Certificates issued by Ohio child welfare training centers.

(3) An approved child day camp administrator or owner shall, within five business days, provide current staff with copies of their training documentation upon request or upon separation from employment for any records not verified in the OPR.

View Appendix

Last updated January 30, 2026 at 4:14 PM

History

• Effective: April 27, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-09 Supervision of children and ratios for an approved child day camp.

(A) What are the requirements for staff/child ratios for an approved child day camp?

(1) The approved child day camp shall ensure that the following day camp staff members/child ratios are maintained at all times:

(a) For children five to eleven years of age, a one to eighteen staff to child ratio is required.

(b) For children eleven to eighteen years of age, a one to twenty staff to child ratio is required.

(2) Approved child day camp staff members shall not be counted in the staff/child ratio when engaged in duties or activities that interfere with supervision of children.

(3) Children shall be organized and assigned to a group.

(a) A child with special needs shall be included in the group that best meets the child's developmental needs.

(b) Specific child day camp staff members shall be assigned and responsible for the care and supervision of the children in their group on a daily basis.

(B) What are the requirements for approved child day camps to keep an attendance record?

(1) The program shall have written documentation or an electronic record of the following:

(a) The name and birth date of the child.

(b) The assigned group for the child.

(c) Each child shall be checked in upon arrival at camp and checked out when leaving for the day.

(2) Attendance documentation for each day shall be readily accessible to child day camp staff at all times.

(3) Attendance records shall be kept on file or accessible electronically at the approved child day camp for a period of one year.

(4) Each group shall have a method for tracking the children in the group. This tracking method shall ensure that child day camp staff members know the whereabouts of the children they are responsible for at all times.

(C) What are the requirements for supervision by approved child day camp staff members?

The program is to ensure that child day camp staff members provide supervision of the children in care. Each child day camp staff member shall:

(1) Leave no child unsupervised. Supervision means:

(a) Being aware of the physical, developmental, and behavioral needs, as well as parental preferences, of the child(ren) they are caring for.

(b) Maintaining situational awareness of the children they are caring for at all times. Maintaining situational awareness may include the use of analog or digital technology (including mirrors) to supplement direct observation of the children in care but not be the sole means of observation. It also includes, but is not limited to, being:

(i) Aware of the activity a child is engaged in and being near enough to protect children from harm, meet their basic needs and respond to emergent circumstances.

(ii) Near enough to observe, respond, and anticipate reasonably foreseeable hazards and threats.

(iii) Able to summon another adult for assistance in an emergency.

(2) Not be under the influence of any substance that impairs the child day camp staff member's ability to supervise children and/or perform duties. Illegal drugs and substances shall not be on the premises. Alcohol shall only be kept in areas not approved or used for children.

(3) Always have immediate accessto a working phone on the premises that is capable of receiving incoming calls and making outgoing calls. A backup method of communication, including but not limited to email, text messaging services or an additional phone, is to be accessible when the primary phone is in use.

(4) Only release a child to the parent or to a person who has previously been approved by the parent.

(5) Limit children's exposure to inappropriate language, media or behavior. This includes inappropriate actions by the following, but not limited to non-staff adults, parents, and other children.

(D) What child guidance techniques shall be used in the approved child day camp?

(1) All child day camp staff members, including administrators and owners, shall follow appendix A to this rule regarding guidance techniques to be used with children.

(2) The approved child day camp shall communicate and consult with the parent prior to implementing a specific behavior management plan. This plan shall be in writing and signed by the parent and shall be consistent with the requirements of this rule.

(E) What are the child abuse and/or neglect reporting requirements?

If the owner, administrator, employee or child day camp staff member suspects that a child has been abused or neglected, he or she shall immediately notify the public children services agency (PCSA) or law enforcement in accordance with section 2151.421 of the Revised Code.

View Appendix

Last updated July 1, 2026 at 8:43 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-10 Emergency, disaster and health-related plans for an approved child day camp.

(A) What are theemergency posting, weather emergency drill and safety drill, and emergency preparedness and response requirements for an approved child day camp?

(1) Post emergency phone numbers, readily in view in all program activity areas. Phone numbers are to include the seven digit backup number as well as the area code if area code must be dialed to complete the call and include the following emergency numbers:

(a) Emergency squad.

(b) Hospital.

(c) Police department.

(d) Fire department.

(e) Poison control.

(f) Public children's services agency (PCSA).

(g) Local health department.

(h) Local emergency management agency (EMA).

(2) Have a written emergency preparedness and response plan (EPRP) with procedures for:

(a) Medical, dental, and transport-related emergencies, including emergency phone numbers, in addition to 9-1-1.

(b) Weather emergencies and natural disasters which include severe thunderstorms, tornadoes, flash flooding or earthquakes.

(c) Emergency outdoor or indoor lockdowndue to threats of violence which includes active shooter, bioterrorism or terrorism.

(d) Emergency evacuation and relocation procedures due to hazardous materials and spills, gas leaks or bomb threats, or due to threats of violence which include active shooter, bioterrorism, or terrorism.

(e) Outbreaks, epidemics or other infectious disease emergencies.

(f) Loss of power, water or heat.

(g) Other threatening situations that may pose a health or safety hazard to the children at the day camp.

(h) Conduct monthly fire and weather emergency drills.

(i) Conduct an emergency/lockdown drill at least once each year when the camp is open and serving children.

(3) The EPRP is to include details for:

(a) Shelter in place or evacuation, how the approved child day camp will care for and account for the children until they can be reunited with the parent.

(b) Assisting children with special needs and/or chronic health conditions.

(c) A designated safe site where staff and children can safely relocate and remain when evacuated.

(d) Reunification with parents.

(i) Emergency contact information for the parents and the approved child day camp.

(ii) Procedures for notifying and communicating with parents regarding the location of the children if evacuated.

(iii) Procedures for communicating with parents during loss of communication, no phone or internet service available.

(e) The location of supplies and procedures for gathering necessary supplies for children if required to shelter in place.

(f) What to do if a disaster occurs during the transport of children or when on a field trip or routine trip.

(g) Making the plan available to all child day camp staff members and employees.

(h) Training of staff or reassignment of staff duties as appropriate.

(i) Updating the plan on a yearly basis.

(j) Contact with local emergency management officials.

(k) Continuity of operations, including how the approved child day camp would provide essential services and continue to function in an extended emergency.

(B) What is a serious incident?

(1) Death of a child at the approved child day camp.

(2) An incident, injury or illness that requires professional medical consultation or treatment for a child.

(3) An unusual or unexpected incident which jeopardizes the safety of a child, child day camp staff member, or employee of an approved child day camp.

(C) What does the approved child day camp do if there is a serious incident?

The approved day camp is to:

(1) Log in to Ohio statewide licensing systemby the next business day to report the incident as described in paragraph (B) of this rule.

(2) This notification does not replace reporting to the public children services agency (PCSA) if there are any concerns of child abuse and/or neglect as required by rule 5180:2-18-09 of the Administrative Code.

(3) Print the completed serious incident report in the Ohio statewide licensing system and give to the parent or the person picking up the child to meet this notification requirement.

(4) If a child is transported by anyone other than a parent for emergency treatment the child's health and medical records required by rule5180:2-18-11 of the Administrative Code are to accompany the child. The child day camp administrator or a child day camp staff member is to stay with the child until the parent assumes responsibility for the child's care.

(D) What are the communicable disease requirements for an approved child day camp?

(1) Any child enrolled and attending the child day camp with signs or symptoms of illness listed in appendix A to this rule is to be immediately isolated and discharged to their parent or guardian or person designated by the parent or guardian.

(2) The DCY 08087 "Communicable Disease Chart" is to be displayed in the size available in the Ohio department of job and family services (ODJFS) forms central in order for individuals to easily read, identify and respond to communicable diseases.

(a) The child day camp is to follow the requirements listed on the DCY 08087.

(b) If the communicable disease is required to be reported to the local health department, the child day camp is to report the communicable diseasein the Ohio statewide licensing system in accordance with paragraph (B) to this rule by the end of the next business day.

(3) No later than the end of the next business day, the child day camp is to notify parents when their child has been exposed to a communicable disease listed on the DCY 08087.

(4) The child day camp is to release employees and staff members who have a communicable disease or who are unable to perform their duties due to illness.

(E) What are the specific procedures the approved day camp needs to follow for standard precautions?

(1) Blood spills shall be treated cautiously and decontaminated promptly. Disposable non-latex gloves shall be worn during contact with blood or bodily fluids which contain blood, such as vomit or feces in which blood can be seen.

(2) Surfaces contaminated with blood or bodily fluids containing blood shall first be cleaned with hot, soapy water and then sanitized with an appropriate bleach solution which is prepared on a daily basis according to product guidelines, or other acceptable disinfectant solution which is environmental protection agency (EPA) rated as hospital disinfectant with a label claim for mycobactericidal activity.

(3) Disposal of materials that contain blood requires a sealable, leakproof plastic bag or double bagging in plastic bags that are securely tied.

(4) Non-disposable items, such as clothing that contains blood, shall be placed in a sealable, leakproof plastic bag or double bagged in plastic bags that are securely tied and sent home with the child.

(5) Sharp items used for procedures on children with special care needs, such as lancets for finger sticks or syringes, require a disposable container called a "sharps container." This is a container made out of durable, rigid material which safely stores the lancets or needles until they are disposed of properly. Sharps containers are to be stored out of the reach of children.

View Appendix

Last updated July 1, 2026 at 8:43 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-11 Administering medication and caring for children with special health needs.

(A) What is required for a child day camp to administer medication to a child?

(1) Written permission from a parent is required for the child day camp to administer the following to a child:

(a) All prescription medication.

(b) All non-prescription medication.

(c) All sample medication.

(d) All medical foods.

(2) Written parental permission is not required for school-age children to carry and use their own topical products including bug sprays, lip balm, hand sanitizer, and sunscreen or emergency medication.

(3) A record of medication(s) and medical food(s) administered is to be kept for each child containing:

(a) Name of child.

(b) Name of medication and dosage.

(c) Date and time administered.

(d) Signature of the staff member that administered the medication.

(e) A record of medication administered is not required for non-prescription topical products and lotions.

(B) Who can provide instructions for administering medications or medical foods?

Instructions for administration are needed from the following individuals, depending on the type of medication or medical food:

(1) Instructions from a licensed dentist, licensed physician, physician assistant (PA), advanced practice registered nurse (APRN), or certified nurse practitioner (CNP) are required for administering:

(a) Medical foods.

(b) Prescription medications, including samples.

(c) Non-prescription medicines containing aspirin.

(d) Topical preventative products and lotions, when the instructions for use exceed or do not match the manufacturer's instructions, or the non-prescription medication is not stored in original container.

(e) Instructions are not required if the prescription medication is stored in the original container with prescription label that includes the child's full name, exact dosage and directions for use.

(2) Instructions from the child's parent are needed when:

(a) Following manufacturer's instructions to administer topical preventative products and lotions.

(b) The non-prescription medication is stored in the original container and used following manufacturer's instructions.

(3) Acceptable documentation formats for all instructions the child day camp utilizes to meet this rule include information provided on, but not limited to, the Ohio department of children and youth (DCY) forms, electronic patient chart systems, physician or hospital discharge instructions.

(C) What are the additional requirements for administering medication or medical foods?

When administering medications or medical foods, the child day camp is to:

(1) Not administer any medication, medical food, or topical product until after the child has received the first dose or application at least once prior to the provider administering a dose or applying the product, to avoid unexpected reactions. Emergency medications for the child are exempt from this requirement.

(2) Not administer any medication, medical food or topical product for any period of time beyond the date indicated by the licensed physician, PA, APRN, or CNP certified to prescribe medication, or licensed dentist or as directed on the manufacturer's instructions.

(3) Apply non-prescription topical products and lotions according to the manufacturer's instructions.

(4) Document each administration or application immediately after administering, including when school-age children administer their own medication. This excludes non-prescription topical products and lotions.

(5) Follow prescribed dosages or the manufacturer's recommended dosages for administering non-prescription medication.

(6) Complete separate documentation for each medication to be administered for each child, excluding the exempted items in paragraph (A)(2) of this rule. Written permission is valid for the time period specified on the permission, not to exceed twelve months from the date of signature.

(D) What are the requirements for storing medication, topical products and medical foods in a child day camp?

The child day camp is to:

(1) Safely store all medication, medical foods, and topical products immediately upon arrival at the camp. Ensure the medication, medical food, or topical product is stored per the requirements on the label in the original container with the child's name affixed. Non-prescription medications and topicals are to have a manufacturer's label containing directions based on the age and/or weight of the child.

(2) Keep medication, medical foods, and topical products out of the reach of children, unless a school-age child is permitted to carry their own emergency medication and documentation is completed and on file at the camp. If a school-age child is permitted to carry their own emergency medication, it is to be carried on their person or stored away from children in a location that only that child and child day camp staff members can access.

(3) Refrigerate, in a separate container, medications, medical foods, or topical products, if needed.

(4) Ensure that medications, medical foods, and topical products are accessible to child day camp staff members at all times.

(5) Ensure that medications, medical foods, and topical products are removed from the child day camp when no longer needed. Medication is to be discarded when expired, unless documentation is provided by a physician for continued use.

(E) What if a child has a special need or health condition?

(1) A written medical care plan shall be used for children with a condition or diagnosis that requires specific care and/or intervention by child day camp staff. The written plan shall include the following:

(a) The symptoms the staff should monitor which may require staff to take action.

(b) Administering procedures which require staff to be trained on those procedures.

(c) Avoiding specific food(s), environmental conditions or activities.

(d) Permission for the child to carry and administer their own emergency medication, if applicable.

(2) The approved child day camp is to:

(a) Ensure that there is a completed written medical care plan for each condition per child.

(b) Implement and follow all requirements of each child's medical care plan.

(c) Ensure that all child day camp staff members who are trained to perform the medical procedure have signed the medical care plan.

(d) Ensure that there is at least one child day camp staff member caring for the child at all times who has signed the medical care plan on the child's condition. This includes on-site at field trips.

(e) Keep the medical care plan in a location that can be easily and quickly accessed at all times, including being removed from the approved child day camp if there is an emergency where the children need to be moved to another location.

(3) The written medical care plan shall be on file with the approved child day camp by the first day of attendance or upon confirmation of a health condition.

(4) If the approved child day camp suspects that a child has a health condition, the camp may require a physician's statement within a designated timeframe.

(5) Only staff members trained on the child's needs and required procedures shall be permitted to perform medical procedures or other action needed for a health condition or a special need.

(F) What are the child immunization record requirements for an approved child day camp?

(1) A child who is not enrolled in a public or nonpublic school is to have a dated record of immunizations on file within thirty days of the child's first day of attendance.

(2) The immunization record is to contain the following information:

(a) The child's name and birth date.

(b) A record of the immunizations that the child has had, specifying the month, day, and year of each immunization.

(3) Immunization requirements as outlined in section 5104.014 of the Revised Code can be found in appendix A to this rule.

(G) What are the immunization record exemptions for children in an approved child day camp?

A child may be exempt from the immunization record requirements if one or more of the following statements are provided:

(1) A statement from a licensed physician, physician assistant (PA), or advanced practice registered nurse (APRN) that one or more of the following apply:

(a) The child is in the process of being immunized.

(b) An immunization against a disease is medically contraindicated for the child.

(c) An immunization against a disease is not medically appropriate for the child's age.

(2) A statement from the child's parent that he or she has declined to have the child immunized against the disease for reasons of conscience, including religious convictions.

(H) What information regarding children's records can be shared?

Children's records are confidential but are to be available to DCY for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5180:2-18 of the Administrative Code. The immunization records are to be subject to review by the Ohio department of health (ODH) for disease outbreak control and for immunization level assessment purposes.

(I) How long are child records to be kept on file at the camp?

All child records, medical care plans as well as written permission to administer medication or medical foods from parent or physicians are to be kept on file for twelve months from the date the documentation is signed or updated, which ever is later, even if the child no longer attends the camp or the documentation is no longer required for the child.

View Appendix

Last updated July 1, 2026 at 8:43 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-12 Transportation and field trip safety for an approved child day camp.

(A) What shall be available on all trips, including routine walking trips?

The approved child day camp is to:

(1) Have written and signed permission from the parent before transporting or escorting a child away from the primary use spaces of the approved child day camp for field trips and routine trips as detailed in appendix A to this rule. The permission slips shall be kept on file at the approved day camp for one year.

(2) Have the information pursuant to rule 5101:2-18-05 of the Administrative Code for each child on the trip, except routine walks.

(3) Have the written medical form pursuant to rule 5101:2-18-11 of the Administrative Code for any child who has a health condition which could require medications, special procedures or precautions during the course of the trip. The approved child day camp shall also take supplies needed to provide such treatment.

(4) Have a working cellular phone or other means of immediate communication. Cellular phones shall not be used by a driver while the vehicle is in motion.

(5) Ensure that the child day camp staff member responsible for each child on the field trip maintains a written record of which vehicle each child is being transported in and the cellular phone number of the adult in that vehicle who could be contacted in an emergency.

(6) Ensure that a person trained in cardiopulmonary resuscitation (CPR) and first aid in accordance with rule 5101:2-18-08 of the Administrative Code shall be present in the vehicle for routine trips and field trips and at the destination on all field trips. More than one person may be used to meet this requirement.

(7) Ensure that if the vehicle used to transport children is manufactured with seat belts, they shall be utilized by all the adults and children in the vehicle, and no more than one person shall be strapped in each seat belt. Children or adults shall not be permitted to stand in a moving vehicle, sit on the floor or ride in a vehicle where all seats are not securely anchored.

(8) Ensure that reasonable accommodations are provided for children with special health needs, so that children are not excluded from trips because of a special health need.

(B) What are the ratio and supervision requirements for trips, including routine walking trips?

The approved child day camp is to:

(1) Meet the staff/child ratio requirements of rule 5101:2-18-09 of the Administrative Code on field trips and routine trips. Children shall be assigned to specific child day camp staff members for all field trips.

(2) Ensure an additional adult is present in the vehicle for every ten children, or the driver has a means of immediate communication, such as a cellular phone, to summon an additional adult. The additional adult in the vehicle may be the driver, parent or volunteer.

(3) Ensure the staff/child ratio requirements of rule 5101:2-18-09 of the Administrative Code are met while children are being transported if public transportation is being utilized.

(4) Ensure that an adult is present in the vehicle any time children are in the vehicle. At no time are children to be left unattended.

(5) Check the vehicle at completion of each trip to ensure that no child has been left in the vehicle.

(6) Ensure that during routine walking trips or walking field trips, an additional adult is present for every ten school-age children.

(C) What are the requirements for drivers who are used in the staff/child ratio or are child day camp staff members?

The driver shall:

(1) Be at least eighteen years old.

(2) On routine trips, be an employee or child day camp staff member with the exception of contracted transportation services.

(3) Never leave children alone in a vehicle, including leaving children in the vehicle when it is being refueled, except when a trip is of such a length as to require refueling after starting with a full tank.

(4) Meet the requirements of an employee or child day camp staff member as required in rule 5101:2-18-06 of the Administrative Code.

(5) Ensure that all passengers, including the driver, follow the state of Ohio's child restraint law found in section 4511.81 of the Revised Code when transporting children enrolled in the approved child day camp.

(6) Not allow children under twelve years of age to ride in the front seat of any vehicle.

(7) Be trained utilizing the American camp association (ACA) training for drivers standards and the ACA accident procedures standards if the driver is an employee of the approved child day camp.

(a) A trained driver is not required when public transportation is being utilized, or if the driver is a contracted driver.

(b) Training for transportation shall be completed at least annually for all drivers and shall be documented and kept on file at the approved child day camp in the employee's or the child day camp staff member's file for review by ODJFS.

(8) Contracted drivers are not used in staff/child ratios and are not employees of the child day camp. For these drivers, the administrator is to keep the transportation contract on file for review.

(D) What are the vehicle requirements for the approved child day camp?

Any vehicle operated by the child day camp or driven by a child day camp staff member to transport children for routine trips or field trips shall be mechanically safe at all times.

(E) When shall vehicles used for transporting children be inspected?

(1) The approved child day camp shall maintain documentation that staff have performed weekly inspections followed by any necessary repairs or other appropriate actions, for the following items:

(a) A visual inspection of the vehicle's tires for wear and adequate pressure.

(b) A visual inspection for working headlights and taillights, signals, mirrors, wiper blades and dash gauges.

(c) An inspection for properly functioning child and driver restraints.

(d) An inspection for properly functioning doors and windows.

(e) An inspection for, and cleaning of, debris from the vehicle's interior.

(2) The child day camp shall require providers of transportation services to maintain documentation that the transportation services staff have performed the required weekly inspections and necessary repairs or other appropriate actions required by paragraph (E)(1) of this rule.

(F) What are the requirements for the vehicle safety inspection?

(1) The safety inspection shall be performed within the month prior to seasonal use. A new vehicle purchased directly from the dealer is to have the safety check completed before one year from the date of purchase. The bill of sale from the vehicle purchase is to be maintained on file at the approved child day camp to verify compliance.

(2) The safety inspection shall be performed by an automotive service excellence (ASE) certified mechanic, federal motor carrier safety administration (FMCSA) safety inspector, or the Ohio state highway patrol.

(a) A vehicle sticker issued from the Ohio state highway patrol indicating the vehicle has passed a school bus or personal vehicle inspection may be used to meet this requirement.

(b) School buses and multifunction school activity buses which are inspected and licensed by the Ohio state highway patrol are exempt from the seasonal safety check required in this rule. The approved child day camp is to prepare the buses before each trip following the Ohio department of education's operational and safety rules of Chapter 3301-83 of the Administrative Code.

(3) Verification of the safety check shall be documented on the JFS 01230 "Vehicle Inspection Report for Child Care Centers." This verification shall include notation and correction of any safety violation and shall be maintained on file at the approved child day camp for review by ODJFS.

View Appendix

Last updated January 30, 2026 at 4:14 PM

History

• Effective: April 27, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-18-13 Safe and sanitary equipment and environment in an approved child day camp.

(A) What are the safe equipment requirements for a child day camp approved by the Ohio department of children and youth (DCY)?

The approved child day camp is to:

(1) Ensure that materials and furniture shall be sturdy, safe, easy to clean and maintain, and in good condition.

(2) Ensure that equipment and materials which are not usable due to breakage or being a hazard are removed immediately and stored away from children until repaired or replaced.

(3) Ensure that all children's equipment is used in accordance with the manufacturer's guidelines.

(4) Ensure that safety gear required for an activity is appropriately sized and designed specifically for the activity being conducted.

(5) Ensure that air conditioners, heat pumps, electric fans and space heaters are mounted or placed out of the reach of children or have safeguards which prevent children from being injured.

(B) What are the safe environment requirements for an approved child day camp?

(1) Illegal drugs and substances shall not be on the premises. Alcohol shall be inaccessible to children and shall only be kept in areas not approved or used by children.

(2) Buildings used by children shall maintain an indoor temperature of at least sixty-five degrees Fahrenheit. If a building used by children exceeds eighty-five degrees Fahrenheit, ventilation that produces air movement, or air conditioning, shall be provided.

(3) Children shall be protected from any items and conditions which threaten their health, safety and well being, including but not limited to: electrical cords, extension cords, lead hazards, asbestos, wells, vehicular traffic, bodies of water, employee's personal belongings and other environmental hazards and dangerous situations. If a potential lead hazard is identified, DCY will make a referral to the appropriate agency.

(4) Cleaning agents and all other chemical substances shall be stored in a designated area in their original containers and/or clearly labeled. Children may use cleaning equipment, supplies, and cleaning agents with adult supervision.

(5) Specialized activity equipment that is potentially hazardous in nature, such as, but not limited to rifles, pellet guns, and, air guns, for all firearem activities shall be kept inaccessible to children and out of sight of children, and secured in lock storage areas when the equipment is not in use.

(6) Children shall not have access to specialized activity areas unless supervised by qualified child day camp staff members.

(7) Safety zones and boundaries shall be required for all specialized activities, as necessary. All persons who may be close to the area for any reason must be aware of and oriented to the safety zones and boundaries. Camps may use posted signs or warnings, physical barriers, or specific scheduling procedures to control access to these areas.

(8) Renovations and remodeling to areas in which programming takes place and children have access is to be conducted in a safe manner to ensure that lead poison hazards are not introduced into the environment as required by Chapter 3742. of the Revised Code.

(C) What are the swimming and water safety requirements for an approved child day camp?

(1) All swimming sites shall meet all state and local guidelines for environmental health inspections. Inspection reports for on-site and private pools shall be on file at the approved child day camp.

(2) An approved child day camp shall have one lifeguard present for every thirty-five children when children are involved in a water activity for on-site and private pools over eighteen inches in depth.

(3) Activities in bodies of water eighteen inches or more in depth, including natural bodies of water as defined in rule 5180:2-18-01 of the Administrative Code, shall be supervised by people who are currently certified as lifeguards or water safety instructors by the "American Red Cross" or an equivalent water safety program, as determined by the American camp association (ACA) or DCY. If the lifeguard is a child day camp staff member, they shall not be counted as a child day camp staff member in the staff/child ratio.

(4) Child day camp staff members shall be actively supervising children pursuant to rule 5180:2-18-09 of the Administrative Code and shall be able to clearly see all parts of the swimming area.

(5) When children are engaged in water activities, supervision of children shall include a minimum of two child day camp staff members, one of whom is eighteen years of age or older.

(D) What are the requirements for animals owned or utilized for programming by the approved child day camp?

The approved child day camp is to:

(1) Permit pets and animals if they present no apparent threat to the safety or health of the children.

(2) Ensure that pets and animals that are owned by the approved child day camp, live at any approved child day camp primary use spaces, or are utilized by the approved child day camp for program activities, are properly housed, cared for,. All local and state ordinances governing the keeping of animals (exotic or domesticated) shall be followed and updated as required.

(3) Ensure that children feed or care for animals under the supervision of child day camp staff members.

(4) Ensure that children are not directly exposed to animal urine or feces inside buildings or in outdoor play areas.

(E) What are the requirements to provide and maintain a clean environment, furniture, materials and equipment in an approved child day camp?

(1) Flush toilets and bathroom sinks, if available, shall be in good working condition. Toilet tissue, liquid soap, running water, individually assigned towels, disposable towels or air dryers shall be provided in all bathrooms. If programming activities take place at a primitive campsite as defined in rule 5180:2-18-01 of the Administrative Code, or if portable bathrooms are used, waterless hand sanitizing products may be provided instead of running water and liquid soap.

(2) Equipment, furnishings and materials shall be kept clean and in good repair.

(3) Accumulated trash and garbage shall be stored away from the outdoor and/or indoor camp activity areas and shall not be accessible to the children.

(4) Buildings and areas used by children shall be cleaned daily and kept in a sanitary condition at all times.

(5) If the water at the child day camp's primary use area(s) is not publicly supplied, the child day camp shall contact the Ohio environmental protection agency (EPA) to determine if it qualifies as a public water system.

(a) If the water supply qualifies as a public water system, the child day camp shall comply with Ohio EPA standards.

(b) If the water supply does not qualify as a public water system, the child day camp shall contact the local health department to have the water tested and follow any additional requirements requested by the health department. A copy of the water test shall be retained at the approved child day camp and be made available upon request.

(c) If child day camp activities take place at a primitive campsite as defined in rule 5180:2-18-01 of the Administrative Code, appropriate water purification methods based on advice from local officials shall be used before water from natural sources may be consumed by children.

(6) On-site sewage disposal systems shall not present a public health hazard.

Last updated July 1, 2026 at 8:43 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Chapter 5180:2-19 School Based School-Age Program

Ohio Adm.Code 5180:2-19-01 Definitions.

As used in this chapter:

(A) "Administrator" means the person responsible for the daily operation of the program. The administrator may be the director of the school child program.

(B) "Adult" means a person who is at least eighteen years of age.

(C) "Child with a disability" has the same meaning as in section 3323.01 of the Revised Code.

(D) "Community school" has the same meaning as in section 3301.52 of the Revised Code.

(E) "Continuity of care" means the process developed for ensuring that children know which staff member(s) are responsible for their whereabouts and well-being at all times while they are attending the school child program.

(F) "Corrective action plan" describes the action taken by the program to correct a licensing non-compliance. This plan does not confirm the program is in compliance with the rule, or negate the non-compliance finding. Corrective action plans are submitted in the Ohio statewide licensing system and are to be completed in their entirety to be approved.

(G) "Current first aid certification" means documentation of training received from an approved health organization.

(H) "Developmentally appropriate" means curriculum, instruction, environments, and age-appropriate activities that reflect the cognitive, social, and emotional level of the learner and includes the unique abilities or characteristics of a learner or group of learners including learners with disabilities, unique ethnic and/or cultural characteristics, and unique life experiences.

(I) "Eligible nonpublic school" has the same meaning as in section 3301.52 of the Revised Code.

(J) "Employee" means an individual who receives compensation for duties performed in a licensed school child program; or who is assigned specific working hours or duties in a licensed school child program. This includes contracted employees or self-employed individuals who are compensated by the program and who have unsupervised access to children in the program.

(K) "Governing body" means a board of education for a school district, a governing board of an educational service center, a county board of developmental disabilities, or the governing authority over a community school or eligible nonpublic school.

(L) "Licensed health care professional" means either a physician as defined in section 4731.052 of the Revised Code or a registered nurse licensed under Chapter 4723. of the Revised Code.

(M) "License capacity" means the maximum number of school children who may be permitted to attend a school child program at one time at one site.

(N) "Medicine" means any substance which is used to prevent or treat a wound, injury, infection, infirmity, or disease. The term applies to prescription and nonprescription substances taken internally or applied externally.

(O) "Mildly ill child" means a child who does not feel well enough to participate in activities, but who does not have symptoms that may be indicative of a communicable disease.

(P) "Moderate risk non-compliance" means a licensure rule violation that has the potential to lead to an increased risk of harm to, or death of a child, and is observable and/or based on facts.

(Q) "Ohio professional registry" (OPR) is an online professional development tool for Ohio's child care professionals.

(R) "Ohio statewide licensing system" is the Ohio department of children and youth (DCY) system for program licensing and step up to quality functions and activities.

(S) "Parent, guardian or custodian" means the person or government agency that is or will be responsible for a child.

(T) "Primary space" means usable space that is always available to and used exclusively by the school child program or a portion of space used concurrently with other groups dedicated to the school child program during its hours of operation. Such space may be used by others at other times of the day.

(U) "Program site" means the building licensed for the operation of the school child program. A school building as defined in section 3301.55 of the Revised Code is considered a program site for the purposes of this chapter.

(V) "School child" means a person who is attending kindergarten or who is at least five years of age as of the first date of attendance in the school child program, is less than fifteen years of age, and is not enrolled in high school.

(W) "School child program" means the same as in section 3301.52 of the Revised Code. For the purposes of this chapter, "program" means the same as "school child program."

(X) "School child program staff member" means an employee of the school child program who is responsible for the care and supervision of children. Only a school child program staff member may be part of the staff-to-child ratio. A substitute may replace a school child program staff member on a temporary basis. The director, administrator or owner may be a school child program staff member when not involved in other duties.

(Y) "School district" means any city, county, exempted village, local, joint vocational school, community school, or educational service center.

(Z) "Secondary space" means space that cannot be classified as primary space, because the usable space ordinarily assigned to the school child program may be scheduled for use by others on an occasional basis. Secondary space provides additional space options for program operations and will be available during the program's operation.

(AA) "Serious risk non-compliance" means a licensure rule violation that has the potential to lead to a great risk of harm to, or death of, a child and is observable and/or based on facts.

(BB) "Special needs child care" refers to care provided for a child under the age of eighteen who:

(1) Has one or more chronic (ongoing) health conditions; or

(2) Requires additional support due to severe developmental differences in one or more of the following areas:

(a) Social development.

(b) Emotional development.

(c) Cognitive development.

(d) Communication skills.

(e) Perception skills.

(f) Perception and sensory processing.

(g) Motor skills.

(h) Physical health or mobility.

(i) Behavioral development.

(3) These needs require regular and ongoing adaptations and/or daily specialized support to support their child's development. As a result, the level of care needed is significantly increased and leads to ongoing additional expenses for the child care program.

(CC) "Superintendent" means the chief administrative officer or chief executive officer of the school district, county board of developmental disabilities, community school, or eligible nonpublic school.

(DD) "Supervision" means the process of overseeing the care of children in a school child program. Supervision also means the duty to keep children safe from harm.

(EE) "Visitor" means an individual who is not considered an employee but may be temporarily present in the program. A visitor does not have assigned duties, is not used in ratio, or left alone with children.

(FF) "Voluntary temporary closure" means the program requests to stop serving children, but not close the license. A voluntary temporary closure shall not exceed twelve months.

(GG) "Volunteer" means an individual who is not considered an employee. A volunteer may have duties but is not compensated, not counted in ratio and is not left alone with children.

Last updated July 1, 2026 at 8:44 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-19-03 Indoor and outdoor health and safety.

(A) What are the requirements for building and fire inspections?

(1) School buildings will not have to undergo additional building code inspections or to have structural modifications for use as school child program sites.

(2) Programs not conducted in school buildings will not be licensed until it has been ascertained that such use conforms to local codes and ordinances, and until the premises are inspected by:

(a) A state fire marshal or local fire safety inspector. The premises will have been inspected by the fire marshal or fire safety inspector holding local jurisdiction and any changes obligated by the fire marshal or fire safety inspector have been completed before children may occupy the premises. A floor plan of the area used by the program will be submitted electronically to the Ohio department of children and youth (DCY); and

(b) A building official. Local building authorities having jurisdiction over the premises will be satisfied with building code compliance and documentation kept on file. Any obligated changes will be made before the program may occupy the space.

(3) The governing body is responsible for ensuring that the listed inspections are carried out and any needed modifications to program sites are made. Documents verifying these inspections and any changes or reconstruction carried out pursuant to the official's obligations will be available for review at the program. A person who has reasonable cause to believe that a potential hazard exists may request a re-inspection of the program site.

(B) What are the indoor space requirements for a licensed school child program?

(1) Program sites will provide a minimum of thirty-five square feet of indoor primary space per child. When space is used with other groups, only the actual portion of space available for the school child program will be classified as primary space that may be used in the calculation of the square footage for primary space.

(2) Additional space used for short periods of time does not have to meet the thirty-five square feet per child obligation.

(3) If additional children are to be added at a program site and the result is that more children will be in attendance at the site than the license capacity permits, a new site plan will be submitted to and approved by DCY prior to opening the program for that increased number of children.

(4) Space for storage of equipment and children's personal belongings will be available.

(C) What are the outdoor play space requirements for a licensed school child program?

(1) Safe outdoor play space totaling not less than sixty square feet for each child using the space at any one time, will be regularly available and scheduled for use, unless the program operates for less than three hours per day.

(2) The surface of the outdoor play space will be well drained and offer protection from falls.

(3) The play space will be free of hazards such as, but not limited to, broken glass, potholes, garbage, flammable materials and other debris.

(4) The play space will be well defined to protect children from traffic or animals.

(5) The program will provide equipment that promotes large muscle development in adequate amounts for the group size. Equipment is to be safe, age appropriate and not include openings that may cause body part entrapment.

(6) The program will provide sun protection for all children.

(7) Swimming pools, wading pools, and other bodies of water eighteen inches or more in depth will be fenced or otherwise made inaccessible to the children when adult supervision is not available.

(D) What are the requirements for licensed school child programs who use play spaces that are regulated by another state or local agency?

(1) The distance and means to access off-site play spaces will be safe and developmentally appropriate.

(2) On-site or off-site play spaces that are regulated by another state or local agency are exempt from the DCY requirements for outdoor spaces and play equipment. Licensed school child programs are to protect children from harm while using these exempted play spaces, including but not limited to, protection from traffic and animals; preventing child access to bodies of water; and providing sun protection for all children.

(E) What are the specific procedures the licensed school child program needs to follow for standard precautions?

(1) Safe handling and storage of hazardous materials and the appropriate disposal of bio-contaminants:

(a) Blood spills are to be treated cautiously and decontaminated promptly. Disposable non-latex gloves are to be worn during contact with blood or bodily fluids which contain blood, such as vomit or feces in which blood can be seen.

(b) Surfaces contaminated with blood or bodily fluids containing blood are to first be cleaned with hot, soapy water, and then sanitized with an appropriate bleach solution which is prepared on a daily basis, according to product guidelines, or other acceptable disinfectant solution which is environmental protection agency (EPA) rated as hospital disinfectant with a label claim for mycobactericidal activity.

(c) Disposal of materials that contain blood are to be kept in a sealable, leakproof plastic bag or double bagging in plastic bags that are securely tied.

(d) Non-disposable items, such as clothing that contain blood, are to be placed in a sealable, leakproof plastic bag or double bagged in plastic bags that are securely tied and sent home with the child.

(e) Sharp items used for procedures on children with special care needs, such as lancets for finger sticks or syringes, are to be kept in a disposable container called a "sharps container." This is a container made out of durable, rigid material which safely stores the lancets or needles until the parent can take them home for disposal. Sharps containers are to be stored out of the reach of children.

(2) Children may use cleaning supplies with adult supervision.

(3) Handwashing is to occur in a handwashing sink with running water, and which conforms to the Ohio plumbing standards of division 4101:3 of the Administrative Code.

(F) What are the additional safe and sanitary environment/equipment requirements for a licensed school child program?

(1) Furniture, equipment, and supplies will be appropriate to the age and size of the children who use them.

(2) The program site will be cleaned daily. The environment, furniture, materials and equipment are to be kept in a sanitary condition at all times.

(3) Areas, equipment, and furniture used by children will be free from hazards.

(4) Floor surfaces will be maintained to not cause a tripping hazard.

(5) The program will provide a smoke free environment.

(6) Children will have access to bathroom facilities and sinks at all times.

(7) General-use trampolines, ball pits, and inflatable play equipment intended for climbing and bouncing, including but not limited to slides and bounce houses, is not permitted for use in the program. Individual-use, personal-sized therapy trampolines no larger than forty-eight inches in diameter may be used by children under direct supervision.

(8) A working phone and a backup form of communication, including but not limited to email, text messaging services, or an additional phone will be within, or immediately accessible to the program's primary space and accessible to school child program staff members at all times.

(a) School child program staff members will be available to parents by phone during hours of program operation.

(b) Phone numbers for emergency services that may be locally appropriate will be posted in a visible location readily accessible to the appropriate school child program staff member in the area.

(G) What are the first aid supply requirements for a licensed school child program?

Adequate and sufficient first aid supplies will be readily available at all times the program is in operation, including on field trips. This includes, at a minimum, band-aids, gauze squares, adhesive tape, an instant ice pack, disposable non-latex gloves, and a working digital thermometer. First aid kits will be reviewed and replaced regularly by a school child program staff member.

Last updated July 1, 2026 at 8:45 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-19-04 Curriculum.

(A) What are the curriculum requirements for a licensed school child program?

(1) A school child program will have a written philosophy, goals, objectives, and daily plans that provide a balance to the academic emphasis of the regular school day.

(2) A school child curriculum will address, but not necessarily be limited to, the following:

(a) Health and safety skills.

(b) Recreational skills.

(c) Social and emotional learning.

(3) A written school child curriculum will be adapted to address individual needs, personal interests and developmental levels. Personal choice and self-initiated learning experiences will be encouraged and supported in all curriculum planning. The program may offer, but not necessarily be limited to, the following list of recommended activities and projects:

(a) Creative construction.

(b) Group and individual reading of literature.

(c) Building and miniature imaginative play.

(d) Fine arts.

(e) Individual quiet space.

(f) Puzzles and table games.

(g) Science, math, and exploration.

(h) Dramatic play.

(i) Health, safety and care of self.

(j) Active outdoor and indoor activities.

(k) Clubs, scouting, group sports, lessons, and/or special activities.

(l) Field trips.

(4) A school child program will provide activities, equipment, and materials that are developmentally and age appropriate and reflect heterogeneous, racial, gender, and cultural attributes.

(5) The school child curriculum will be adapted to the needs of children with disabilities.

(6) Developmentally appropriate equipment, materials, and furnishings will be available at each program site for the number and ages of children enrolled. Equipment and materials will support the program goals, objectives, and activities identified in the daily plans.

Last updated July 1, 2026 at 8:44 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-19-05 Child information.

(A) Will records of immunizations be required for children in a school child program licensed by the Ohio department of children and youth (DCY)?

Records of immunizations will not be mandatory of children in a school child program who are enrolled in an accredited public, eligible nonpublic school, community school, or county board of developmental disabilities school.

(B) What are the child record requirements for a licensed school child program?

Individual child records will be maintained and include, but not necessarily be limited to, the following:

(1) A DCY 01234 "Child Enrollment and Health Information for Child Care" form or an enrollment form containing the following information:

(a) The child's name, date of birth, date of admission, parent's name, home address, business address and phone number where the parent can be reached during the time the child attends the program (if applicable) and/or procedures for reaching the parents, and the name of the school the child attends.

(b) Phone numbers of at least one authorized person to take the child from the program in the event of an emergency.

(c) Parental consent for transportation to an emergency care facility.

(d) Date/signatures of the parent and program.

(2) A health care plan form if the child has a chronic health condition containing the following information:

(a) The child's name, date of birth, parent's name, home address and phone number where the parent can be reached during the time the child attends the program.

(b) Parental consent for first aid and instructions for caring for the child with a chronic condition or diagnosis.

(c) Any special concerns such as dietary restrictions and allergies.

(d) Name and phone number of the child's physician, dentist, or other health care providers.

(e) Signatures of staff trained to perform medical procedures to manage the child's chronic health condition.

(f) Date/signatures of the parent, program and health care professional.

(3) A medication administration form if the child is administered medication at the school child program containing the following information:

(a) The child's name, date of birth, weight to determine medication dosage, parent's name, home address and phone number where the parent can be reached during the time the child attends the program.

(b) Parental consent and instructions to administer medication to the child.

(c) Name, dosage and time of administration of the medication.

(d) A log of the child's name, name of the medication, time and dosage administered and the date/signature of the person administering medication.

(e) Name and phone number of the child's physician, dentist, or other health care providers.

(f) Date/signatures of the parent, program and health care professional.

(4) A health care plan and medication administration form may be combined or the DCY 01236 "Health Care Plan Documentation & Permission to Administer Medication" may be used.

(5) Dated written or electronic attendance records.

(C) When is a DCY 01299 "Incident/Injury Report for Child Care" completed in a licensed school child program?

(1) A DCY 01299 or a form that is equivalent in content is to be completed and a copy is to be kept on file for at least one year for review by DCY if the following incidents occur:

(a) A child becomes ill or receives an injury which requires first aid treatment.

(b) A child is transported in accordance with rule 5180:2-19-10 of the Administrative Code to a source of emergency assistance.

(c) A child receives a bump or blow to the head.

(d) An unusual or unexpected incident occurs which jeopardizes the safety of a child or school child program staff member, such as a child leaving the program unattended, a vehicle accident with or without injuries or exposure of children to a threatening person or situation.

(2) A copy of the DCY 01299 or an electronic equivalent will be provided to the child's parent or the person picking up the child on the day of the incident.

(D) What information will be included in a transportation plan for a child in a licensed school child program?

(1) A transportation plan will include parental designations of any authorized persons to take the child from the program.

(2) If a school district, county board of developmental disabilities, community school, or eligible nonpublic school policy permits, a transportation plan will include mutual agreement and consent between the program coordinator and the child's parents allowing a school child to leave the school child program for specific activities. The agreement will specify, but not be limited to, the following:

(a) Child's destination.

(b) Estimated time or arrival and departure, and the time period for which the agreement is valid.

(E) What are the requirements for parental permission for swimming and water activities?

(1) The school child program will have written permission from the parent or guardian of a child before the child will be permitted to swim or otherwise participate in water play activities in bodies of water two or more feet in depth.

(2) The written permission will be signed and dated, and will include the following:

(a) The child's name.

(b) Location of the swimming/water play site.

(c) A statement indicating whether or not the child is a swimmer.

(d) That the parent or guardian grants permission.

Last updated July 1, 2026 at 8:48 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-19-06 Snack and meal requirements.

(A) What are the requirements for meals and snacks in a licensed school child program?

The program is to:

(1) Be in compliance with section 3717.41 of the Revised Code for food service operation, if applicable.

(2) Develop policies and procedures for providing meals to children who are in attendance at the school child program through the hours of eleven a.m. and one-thirty p.m., inclusively.

(3) Offer food to ensure that no child goes more than four hours without at least a meal.

(4) Offer food from the basic five food groups: protein, grains, fruits, vegetables and dairy.

(a) Breakfast consists of food from three of the five basic food groups.

(b) Meals consist of food from five of the basic food groups.

(c) Snacks consist of food from two of the five basic food groups.

(5) Offer food that is not a choking hazard, and that is developmentally appropriate in size, amount and texture.

(6) Offer milk based on parental preference.

(7) Follow the policies and obligations of the school district, county board of developmental disabilities, community school or eligible nonpublic school.

(8) Provide meals and snacks according to the posted current weekly menu, and spaced no more than four hours apart.

(a) The menus are to include all meals and snacks being served by the program with any substitutions noted at the time of the change.

(b) Menus will be posted in a conspicuous place where they can be reviewed by parents.

(9) Ensure both school child program staff members and children wash hands before food service.

(10) Provide for a child's special dietary needs as prescribed by the child's source of medical care or obligate the parent to provide the prescribed diet items that are not part of the program's menu plan.

(11) Keep in the child's record a list of the allergies suffered by the child in attendance of the program. All school child program staff members, including those in food service, will be informed of these allergies.

(12) Provide safe drinking water throughout hours of program. If drinking fountains are used, there is to be sufficient water pressure so that the child's mouth does not come in contact with the water dispensing mechanism. Individual water bottles are to be labeled with the child's name.

(13) Provide for the safe storage of all food.

(14) Not have screens (television, computer, etc.) on during meals and snacks.

(B) What are the requirements for parent provided meals and snacks?

Programs that allow or obligate parents to provide food for meals or snacks are to:

(1) Have provisions for safe storage of parent provided food.

(2) Ensure that no child goes more than four hours without a meal if a child does not bring food for the day.

Last updated July 1, 2026 at 8:45 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-19-07 Management of communicable disease.

(A) How will a school child program care for sick children?

(1) A school child program staff member will observe each child daily as the child enters the group to recognize the common signs of communicable disease or other illness.

(2) Decisions regarding exclusion of the child from the program either immediately or at some later time in the day will be determined by the administrator or school child program staff member and the parent(s).

(3) A child with any of the following signs or symptoms of illness will be isolated immediately:

(a) Diarrhea (three or more loose stool in a twenty-four-hour period) if reported.

(b) Severe coughing, causing the child to become red or blue in the face or to make a whooping sound.

(c) Difficult or rapid breathing.

(d) Yellowish skin or eyes.

(e) Redness of the eye or eyelid, thick and purulent (pus) eye discharge, matted eyelashes, burning, itching or eye pain.

(f) Temperature of at least one hundred degrees Fahrenheit taken by the auxiliary method when in combination with other symptoms.

(g) Untreated infected skin patches, unusual spots or rashes.

(h) Unusually dark urine and/or grey or white stool if reported.

(i) Stiff neck with an elevated temperature.

(j) Evidence of untreated lice, scabies, or other parasitic infestation.

(k) Sore throat or difficulty in swallowing.

(l) Vomiting more than one time or when accompanied by any other sign or symptom of illness.

(B) What are the procedures a school child program will follow when isolating a sick child?

While isolated, the child will be:

(1) Isolated in a room or portion of a room not being used in the school child program.

(2) Within sight or hearing of a staff member.

(3) Made comfortable in a warm, safe environment. All linens and blankets used by an ill child will be laundered before being used by another child. Cots, mats, beds or other equipment will be disinfected before being used by another child.

(4) Observed carefully for worsening condition.

(C) What are the reporting requirements for communicable diseases?

The school child program will:

(1) Notify, when aware of diagnoses, all parents when children enrolled are exposed to a communicable disease during program time.

(2) Post the DCY 08087 "Communicable Disease Chart" in a location readily available to parents, school child program staff members and employees. The chart is to be displayed in the size available in the Ohio department of job and family services (ODJFS) forms central in order for individuals to easily read, identify and respond to communicable diseases.

Last updated July 1, 2026 at 8:45 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-19-08 Child guidance.

(A) What are the procedures for child guidance in a licensed school child program?

(1) The program will have a written child guidance policy that:

(a) Describes the program's philosophy and restrictions as listed in paragraph (B) of this rule and the specific methods of child guidance used at the program.

(b) Will be on file at the program for review.

(c) Is constructive and developmentally appropriate for all children enrolled in the program.

(d) Will apply to all persons on the premises and is to comply with this rule, section 3319.46 of the Revised Code and rule 3301-35-15 of the Administrative Code.

(2) All school child program staff members will receive a copy of the program's child guidance policy for review upon employment.

(3) The school child program will provide professional development training to school child program staff members regarding the written child guidance policy and procedures before the school child program begins and/or before the staff members begin working with children.

(4) The parent of a child enrolled in a program will receive the program's written child guidance policy.

(5) A school child program staff member in charge of a child or a group of children will be responsible for their child guidance.

(6) Child guidance will be constructive and educational in nature, and may include such measures as praise for appropriate behavior, diversion, talking with the child, and separation from problem situations.

(7) Exclusion from the school child program for disciplinary reasons will be addressed in the policy and procedures.

(8) The program will neither abuse nor neglect children and will protect children from abuse and neglect while in attendance at the school child program.

(B) What are the prohibited child guidance techniques in a licensed school child program?

In addition to the restrictions outlined in rule 3301-35-15 of the Administrative Code, the following apply:

(1) There will be no cruel, harsh, or corporal punishment, or any unusual punishments such as, but not limited to, punching, pinching, shaking, spanking, or biting.

(2) Discipline will not be delegated to a child.

(3) No physical restraints will be used to confine a child by any means other than a school child program staff member holding a child for a short period of time, so that the child may regain control. Prone restraint of a child is prohibited. Prone restraint is defined as all items or measures used to limit or control the movement or normal functioning of any portion, or all, of a child's body while the child is in a face-down position.

(4) No child will be placed alone in a locked room or otherwise confined in an enclosed area.

(5) No child will be subjected to profane language, threats, derogatory remarks about himself/herself or his/her family, or any other verbal abuse.

(6) Discipline will not be imposed on a child for failure to eat or sleep, or for toileting accidents.

(7) Techniques of child guidance will not be intended to humiliate, shame, or frighten a child.

(8) Discipline will not include the withholding of food, rest, or toilet use.

(9) Separation will be brief in duration, and age and developmentally appropriate. The child will be within sight and hearing of a school child program staff member, and in a safe, lighted, and well-ventilated space.

(C) What are the suspension, expulsion, and removal requirements for a licensed school child program?

(1) Behavior management, child guidance and discipline policies and procedures will ensure the safety, physical and emotional well-being of all individuals on the premises.

(2) The program is to communicate and consult with the parent prior to implementing a specific behavior management plan. This plan will be consistent with this rule and in writing and signed by the parent.

(3) If suspension, expulsion, and removal policies exist, they are to be written in accordance with section 3313.66 of the Revised Code.

(a) When a child is expelled from the program for a behavioral reason, the expulsion is to be reported as a serious incident in the Ohio statewide licensing system by the next business day.

(b) The program may print the completed serious incident report in the Ohio statewide licensing system and give to the parent to meet the parent notification requirements for incidents.

(D) What are the child abuse and/or neglect reporting requirements?

A school child program staff member who has reasonable cause to suspect that a child has been abused or neglected is to immediately make a report in accordance with section 2151.421 of the Revised Code and then submit a serious incident report to the Ohio department of children and youth (DCY) in the Ohio statewide licensing system within twenty-four hours.

Last updated July 1, 2026 at 8:45 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-19-09 Policies and procedures, recordkeeping, and administration.

(A) What policies are to be developed and maintained for a school child program?

The program will develop and maintain written program policies and procedures that are consistent with the policies and procedures of the school district board of education. Such written policies and procedures will include, but not necessarily be limited to, the following:

(1) Program curriculum as stated in rule 5180:2-19-04 of the Administrative Code.

(2) Ages of children served.

(3) Hours and days of operation.

(4) Admission and registration.

(5) Fees and payment, if applicable.

(6) Enrollment of children with disabilities, including consultation with special education staff to make any needed program modifications.

(7) Maintenance of staff/child ratios and supervision plans.

(8) Child guidance as stated in rule 5180:2-19-08 of the Administrative Code and exclusion of children for disciplinary reasons, if applicable.

(9) Staff/parent communication and parent involvement, including information for parents about the program and its services, discussing their children's needs and progress, and procedures for addressing parent complaints.

(10) Procedures for preparing, handling, serving, and washing food, utensils, and equipment for meals and snacks, including obligations for meals, if offered, as stated in rule 5180:2-19-06 of the Administrative Code.

(11) Provision of a meal and/or snack to children who come to the program without a meal and/or snack to ensure that all children are provided with a meal and/or snack.

(12) Handling and/or exclusion of ill children and reporting communicable diseases, which includes, but is not limited to, the following:

(a) Training staff members on signs and symptoms, handwashing, and disinfecting equipment and materials.

(b) Isolating and excluding an ill child.

(c) Caring for a mildly ill child.

(13) Recording and reporting of incidents.

(14) Release of children to authorized individuals and continuity of care.

(a) A school child program will provide a written plan for communication between the program and the kindergarten through grade twelve system and identify public and nonprofit entities with whom they may cooperate for programming.

(b) With mutual agreement of the parent(s) or guardian and the school child program, school children may be permitted to leave the school child program for specific activities.

(15) Recording and reporting of absences, no shows, and missing persons.

(16) Transportation arrangements to and from the program.

(17) Transportation for field trips and obtaining parent permission including provision for children who do not attend the field trip.

(18) Child data privacy provisions.

(19) Reporting child abuse or suspicions of child abuse or neglect as stated in section 2151.421 of the Revised Code. The school child program staff members will neither abuse nor neglect children and will protect children from abuse or neglect while in the program's care.

(20) Parent participation regarding program design and evaluation, including how input will be considered by administrators.

(21) Nondiscrimination in providing services to children and their families on the basis of race, religion, cultural heritage, political beliefs, disability, or marital status.

(B) What are the supervision requirements for a licensed school child program?

Supervision means all of the following:

(1) Being aware of the developmental and behavioral needs as well as parental preferences of the child(ren) in care.

(2) Maintaining situational awareness of the children in care for at all times. Maintaining situational awareness may include the use of analog or digital technology (including mirrors) to supplement direct observation of the children in care but may not be the sole means of observation.

(3) Being aware of the activity a child is engaged in and being near enough to protect children from harm, meet their basic needs and respond to emergency circumstances.

(4) Being near enough to observe, respond and anticipate reasonably foreseeable hazards and threats.

(5) Being able to summon another adult for assistance in an emergency.

(C) What is included in a written supervision plan for a licensed school child program?

Written supervision plans may include the following options:

(1) Children may run errands or use the restroom without direct adult supervision in the area designated for the program's use by the site plan if the children are within hearing of a staff member, a staff member knows the whereabouts of the children at all times, or a staff member checks on the children every five minutes.

(2) Children in kindergarten grade and higher in groups of two or more may be without direct adult supervision in the area designated for the program's use by the site plan if the children are within sight or hearing of a staff member in adjoining or adjacent space, a staff member knows the whereabouts of the children at all times, and a staff member checks on the children every five minutes until they return to the group.

(3) When a group of children are outdoors, a staff member will be able to summon another adult without leaving the group alone or unsupervised. A school child in fourth grade or older may leave the group to summon an adult.

(D) What are the medicine administration requirements for a school child program?

(1) Medicine will be administered in accordance with program policies and procedures and only with written permission of a parent. Only employees who are licensed health care professionals or who have completed drug administration training may administer medicine pursuant to section 3313.713 of the Revised Code.

(2) All prescription medicine will be current within the last twelve months, kept in its original container, and have a legible label containing the child's name and written instructions for use from a licensed physician, nurse practitioner, or dentist. Medicine will be stored in a designated locked storage place, except that drugs that necessitate refrigeration may be kept in a refrigerator not accessible to children. An inhaler or nonprescription medicine may be available to a school child with a special health condition with parental permission in accordance with the program's policy.

(3) Except in cases of emergency, parents will give the first dose of any newly prescribed medicine so that they may personally observe the child's reaction.

(E) What are the emergency preparedness and response plan (EPRP) standards for a licensed school child program?

(1) The EPRP is to include procedures that will be used to prepare for and respond to the following types of emergency or disaster situations:

(a) A written security plan that ensures access to the program is limited to parents and guardians of children in care and authorized persons.

(b) Medical or dental emergencies, including emergency transportation.

(c) Weather emergencies and natural disasters which include severe thunderstorms, tornadoes, flash flooding, major snowfall, blizzards, ice storms, or earthquakes.

(d) Emergency outdoor or indoor lockdown due to threats of violence which includes active shooter, bioterrorism, or terrorism.

(e) Emergency evacuation and relocation procedures due to hazardous materials and spills, gas leaks or bomb threats; or due to threats of violence which include active shooter, bioterrorism, or terrorism.

(f) Outbreaks, epidemics, or other infectious disease emergencies.

(g) Loss of power, water, or heat.

(h) Other threatening situations that may pose a health or safety hazard to children in the program.

(2) The EPRP is to include details for:

(a) Emergency numbers for medical, dental, and transport-related emergencies, in addition to 9-1-1.

(b) Shelter in place or evacuation, how the school child program will care for and account for the children until they can be reunited with the parent.

(c) Assisting children with special needs and/or health conditions.

(d) A designated safe site where staff and children can safely relocate and remain when evacuated.

(e) Reunification with parents.

(i) Emergency contact information for the parents and the school child program.

(ii) Procedures for notifying and communicating with parents regarding the location of the children if evacuated.

(iii) Procedures for communicating with parents during loss of communications, no phone or internet service available.

(f) The location of supplies and procedures for gathering necessary supplies for staff and children, if required to shelter in place.

(g) What to do if a disaster occurs during the transport of children or when on a field trip or routine trip.

(3) The school child program will complete the following to ensure training on the EPRP.

(a) Make the EPRP available to all school child program staff members and employees.

(b) Train school child program staff members or reassign staff duties as appropriate. Ensures that all school child program staff members have initial training and annual reviews of the EPRP.

(c) Update the EPRP on a yearly basis.

(d) Contact local emergency management officials, as needed.

(e) Children will have drill practice at least once per quarter during the school year and at least once during a summer program to demonstrate appropriate procedures and appropriate behavior in accordance with the program's EPRP during an emergency.

(4) If the school child program has adopted a plan in accordance with section 5502.262 of the Revised Code and filed it with the Ohio school safety center, that plan will meet the emergency preparedness and response requirements of this paragraph. The plan is considered a security record and will be exempt from public disclosure. The Ohio department of children and youth (DCY) will accept documentation from the administrator that the plan is on file with the Ohio school safety center.

(F) What are the policies and procedures and recordkeeping requirements for a school child program?

(1) Program policies and procedures will be given to all parents at the start of the school year or at the time of enrollment; to staff prior to working with the children, and to other persons upon request.

(2) Personnel policies and procedures will include, but not necessarily be limited to, the following:

(a) Staff members will be recruited and employed, without discrimination on the basis of age, color, national origin, race, sex or disability.

(b) The terms of employment will include, but not necessarily be limited to, the following: job descriptions, staff qualifications, wages, benefits, probation, grievance procedures, performance evaluation, resignation, and termination.

(c) Procedures for checking references of potential employees.

(d) Mandatory orientation and professional development training.

(e) Use of volunteers.

(f) Staff data privacy provisions.

(3) Personnel policies will be available to staff and other persons upon request.

(4) Individual staff records will be maintained.

(5) Each school child program will submit reports to the Ohio department of education and workforce (DEW), DCY or the school district as requested.

Last updated July 1, 2026 at 8:45 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-19-10 Licensure and monitoring.

(A) Which school child programs require a license issued by the Ohio department of children and youth (DCY)?

All school districts, county boards of developmental disabilities, community schools, eligible nonpublic schools, child care programs operated by an authorized private before and after school care program accepting state or federal funds specifically for school child care and/or child day care pursuant to Chapter 5104. of the Revised Code will be licensed. School districts, county boards of developmental disabilities, community schools and eligible nonpublic schools not accepting state or federal funds specifically for child day care, but who wish to obtain a license for a school child program, will submit an application to DCY in accordance with sections 3301.58 and 3301.59 of the Revised Code.

(B) What is the application process to establish or operate a licensed school child program?

(1) An electronic application for a license will be submitted by the governing body to DCY in accordance with section 3301.58 of the Revised Code at least thirty days prior to the proposed open date and if receiving funding; prior to children attending.

(2) A complete application includes the following documents submitted with the application for the physical location of the program:

(a) A detailed and labeled site plan that includes an indoor floor plan and an outdoor play space diagram of the space proposed to be used to care for children.

(b) A current fire inspection in accordance with section 3301.55 of the Revised Code.

(c) A valid food license or a valid food license exemption from the local health department having jurisdiction or from the Ohio department of health.

(d) If the program is not conducted in a school building, documentation of building approval in accordance with section 3301.55 of the Revised Code.

(3) Upon the filing of an application for an initial license, DCY will investigate and inspect the school child program to determine whether the obligations of sections 3301.52 to 3301.59 of the Revised Code and Chapter 5180:2-19 of the Administrative Code are met.

(C) What are the inspection requirements prior to the initial issuance of a provisional school child license?

DCY will determine that the school child program site is in compliance with all applicable obligations by examination of the following:

(1) The completed application.

(2) The program's physical plan through on-site inspection and proposed operational format at the time of initial application.

(3) Any other documentation as obligated by Chapter 5180:2-19 of the Administrative Code.

(D) When will licensed school child programs be inspected?

Each program will be inspected at least once during every twelve-month period of operation, which may be unannounced. Inspections may be viewed online via the child care search tool on the DCY website. An individual may submit a written request to DCY for a copy of the program's licensing record.

(E) What are additional requirements for a licensed school child program as a result of an inspection and/or complaint investigation?

(1) When a program is out of compliance with the obligations of Chapter 5180:2-19 of the Administrative Code, DCY will electronically notify the program contacts of the alleged non-compliances. The corrective action plans for all non-compliances are to be electronically submitted by the deadline.

(2) On-site verification may be conducted to review progress regarding the correction of non-compliances.

(3) DCY will investigate and may inspect any licensed school child program upon receipt of any complaint that the program is out of compliance with the obligations of sections 3301.52 to 3301.59 of the Revised Code or Chapter 5180:2-19 of the Administrative Code.

(a) The investigation of complaints alleging serious life, health, or safety risks will be initiated within twenty-four hours of receipt of the complaint report.

(b) The investigation and appropriate action on all other complaints will commence within five working days of the receipt of the complaint report.

(4) DCY will complete an inspection report for each complaint at the conclusion of the investigation summarizing all allegations, the results of the investigation, and the expectations for correction of any confirmed non-compliances. A copy of the report, with confidential information deleted, will be provided to any person who submits a written request to DCY. The licensing record will include, but not be limited to complaint investigation documents. Neither the disposition report nor the summary letters obligated by this rule will disclose the results of investigations of abuse or neglect conducted by the local public children services agency.

(F) What is a licensing inspection non-compliance?

A licensing inspection non-compliance is a licensure rule violation. Inspections could result in moderate or serious risk findings. Non-compliance findings vary depending on the potential to lead to a risk of harm to a child and are observable and/or based on facts. Moderate and serious risk non-compliances are assigned point values and the annual accumulated points may result in DCY licensing or step up to quality (SUTQ) actions, pursuant to section 5104.29 of the Revised Code.

(G) What if a licensed school child program does not agree with the licensing finding?

(1) The licensed school child program may request a review of a non-compliance finding in the Ohio statewide licensing system within ten business days from the receipt of the inspection report.

(2) The licensed school child program may elect to participate in an initial review of the request with a DCY representative.

(3) Following an initial review, the licensed school child program may elect to participate in a committee review of the request with a DCY committee.

(4) The committee's decision is considered final.

(H) Will the license capacity be the maximum allowable for a newly issued license?

Unless otherwise requested by the licensee, local certified building department, the Ohio department of commerce, state fire marshal or local fire safety inspector, the license capacity will be the maximum allowable based on the site plan.

(I) When will a provisional license be issued to a school child program?

(1) A provisional license will be issued following the investigation and inspection of the school child program and DCY has determined that all obligations have been satisfied. This includes whether the obligations of sections 3301.52 to 3301.59 of the Revised Code and Chapter 5180:2-19 of the Administrative Code have been met.

(2) A provisional license is valid for a period of not more than twelve months from the date of approval of the license.

(J) What are the requirements for the provisional license to be amended to a continuous license at the end of the provisional period?

Within the twelve month provisional period, the program will be inspected at least once by DCY to determine whether the obligations of sections 3301.52 to 3301.59 of the Revised Code and Chapter 5180:2-19 of the Administrative Code are being met. If the program is in compliance and has met all obligations prior to the end of the twelve-month period, the provisional license will be amended to continuous licensure at the end of the provisional period.

(K) Who can be issued a school child license?

A license or provisional license is valid only for the licensee, the address, and capacity for each school child program site designated on the license.

(L) Does the school child program license need to be visible?

Each licensed school child program will have its license granted under section 3301.58 of the Revised Code posted in a conspicuous place that is visible to parents, school child program staff members and employees at all times.

(M) What is the process to change or amend a license?

(1) The governing body is responsible for the program's operation is responsible for securing and maintaining a license for the facility in which it operates.

(2) What information can be amended on an existing license?

(a) License capacity.

(b) Change of location of the program.

(3) The amendment request and all applicable documents are to be submitted in the Ohio statewide licensing system.

(4) What is the timeline for requesting an amendment?

(a) For a change in capacity, the program will request and be approved for the amendment prior to serving additional children. This includes submitting all required corrective action plans as required by paragraph (E)(1) of this rule.

(b) For a change in location, the program will request the amendment at least thirty days prior to the last day at the current location. Failure to request within thirty days may result in a gap of care. Care may not begin until the license has been transferred to the new location.

(5) Upon approval of the proposed change, DCY will issue an amended license.

(6) If the governing body will no longer be responsible for operating a school child program, they are to submit a closure request in the Ohio statewide licensing system.

(N) How will a governing body request a voluntary temporary closure/inactive status for the license of a preschool?

(1) The program is to request the temporary closure status in the Ohio statewide licensing system. The program license will then be considered "inactive" in the system.

(2) The temporary closure/inactive status may not exceed twelve months.

(3) The program may not serve any children during the temporary closure/inactive status.

(4) The program may be required to comply with an inspection prior to the end of the temporary closure/inactive status and prior to serving children again.

(O) What information will the school child program keep current in the Ohio statewide licensing system?

The name and contact information of the program administrator, services, months, days, and operating hours of the program are to be maintained in the Ohio statewide licensing system.

(P) What are the moderate risk non-compliances for a licensed school child program?

The following are identified as moderate risk non-compliances of a license due to an increased risk of harm to children and are worth three points each:

(1) Program does not obtain or maintain food service license due to violations or serves food without a food service license.

(2) Program does not obtain a complete a fire inspection with no violations or fire inspection update not requested prior to expiration.

(3) Program exceeds room/building occupancy or program cares for children in a space not approved for care.

(4) Background check or fingerprints not submitted or background check is expired and not updated.

(5) Children not protected from unsafe items, conditions or situations.

(6) Program is out of ratio or exceeds license capacity.

(7) Child in attendance more than four hours without being offered a meal.

(8) Use of banned disciplinary techniques in accordance with rule 5180:2-19-08 and rule 3301-35-15 of the Administrative Code.

(Q) What are the serious risk non-compliances for a licensed school child program?

The following are identified as serious risk non-compliances of a license due to the greatest risk of harm to children and are worth six points each:

(1) Children left unsupervised pursuant to the obligations of this chapter, or left unattended outside of a facility building.

(2) Children left unattended on a field trip or in a vehicle, or transportation policies not followed.

(3) Falsified information is submitted that puts children at risk.

(4) Program fails to report suspected abuse/neglect/endangering.

(5) Administration of medication procedures do not meet the obligations of this chapter, or medication is dispensed to the wrong child or the wrong dosage is administered.

(6) Substantiated public children's services agency finding of abuse or neglect for any school child program staff member.

(7) Employee refuses to be fingerprinted and remains employed, or a person remains employed when they are not eligible for employment.

(8) Swimming activity takes place without a life guard, or a life guard is used to count in the ratio, or a swimming site is accessible to children without staff supervision, or swimming activity takes place in lakes ponds and rivers.

(9) Weapons or ammunition are on the premises without proper approval in accordance with section 2923.11 of the Revised Code and/or accessible to children.

(10) DCY or representatives of DCY are denied access to conduct a rule compliance review or inspection pursuant to this chapter.

(11) A child or children are not protected from harm which results in a serious incident or injury.

(R) What actions may DCY take when a serious risk non-compliance occurs?

Any serious risk non-compliance described in, but not necessarily limited to this rule, as reviewed by DCY at its discretion may result in any of the following:

(1) Denial of a license application or approval for a non-expiring or continuous license.

(2) Revocation of a license.

(3) Reduction or removal of a quality rating.

(4) Loss of funding.

(S) What is a serious incident?

The following are identified as serious incidents:

(1) Death of a child at the program.

(2) An incident, injury, or illness that requires professional medical consultation or treatment for a child.

(3) An unusual or unexpected incident which jeopardizes the safety of a child, school child program staff member or employee of the program.

(4) An incident defined as a serious risk non-compliance as indicated in paragraph (Q) of this rule.

(T) What does the licensed school child program do if there is a serious incident?

(1) The program will report the serious incident, as defined in paragraph (S) of this rule, to DCY in the Ohio statewide licensing system by the next business day.

(2) This notification does not replace mandatory reports of suspected child abuse or neglect required by section 2151.421 of the Revised Code.

(3) The program may print the completed serious incident report in the Ohio statewide licensing system and give to the parent to meet the parent notification requirements for incidents outlined in rule 5180:2-19-05 of the Administrative Code.

(4) If a child is transported by anyone other than a parent for emergency treatment, the child's health and medical records are to accompany the child. The administrator or a school child program staff member is to stay with the child until the parent assumes responsibility for the child's care.

(U) What happens if an application is in the process of being denied or a provisional or continuous license is in the process of being revoked?

If DCY revokes the license held by the governing body of a school child program as defined in section 3301.52 of the Revised Code, it will not issue a license to the facility within five years from the date of revocation of a license.

(V) Which licensing actions by DCY give the school child program rights to an adjudicatory hearing, in accordance with the requirements of Chapter 119. of the Revised Code?

(1) All actions of DCY with respect to licensing a school child program's facility or revoking a license, will be in conformity with sections 3301.57 and 3301.58 and Chapter 119. of the Revised Code.

(2) Those licensing actions, which will be afforded the right to an administrative hearing, include the following:

(a) The proposal to deny an initial or continuous license.

(b) The proposal to revoke an existing license, be it a provisional or a continuous license.

(c) The proposal to deny a continuous license at the expiration of a provisional license.

(3) A request for an administrative hearing pursuant to Chapter 119. of the Revised Code and Chapter 5180:2-19 of the Administrative Code will be submitted to DCY, and will be considered to have been made as of the date received.

(W) Which DCY licensing actions, ministerial in nature, are not subject to an administrative hearing?

(1) Those licensing actions that are of an administrative nature will not be afforded the right to an administrative hearing. These actions include rejection of any application for licensure for procedural reasons such as, but not limited to, incomplete submission, use of an invalid form, failure to make information available to DCY, or failure to make information available during an inspection.

(2) The school child program license will be closed by DCY without hearing rights afforded by Chapter 119. of the Revised Code if:

(a) At the end of the twelve months, the program has not requested in the Ohio statewide licensing system to reinstate the license that has been in a temporary closure/inactive status.

(b) At the end of twelve months the program is not able to be re-opened.

(c) A program fails to enroll children for twenty four months and refuses to voluntarily permanently close the program.

(X) What are the reasons an applicant may have an application denied or a licensed school child program may have a provisional or continuous license revoked?

DCY may deny or revoke a license in accordance with section 119.07 of the Revised Code if it is determined that the governing body, applicant or licensee:

(1) Knowingly makes a false statement on the application.

(2) Does not comply with all of the obligations of Chapter 5180:2-19 of the Administrative Code and sections 3301.52 and 3301.59 of the Revised Code.

(3) Has pleaded guilty or been convicted of an offense described in section 3301.541 of the Revised Code.

(4) Has a maximum annual accumulation of points for licensure violations, as determined by DCY.

(Y) What if a school child program voluntarily surrenders the license or voluntarily withdraws the application during the revocation or denial process?

The surrender of a license to DCY or the withdrawal of an application for licensure by a school district, county board of developmental disabilities, community schools, eligible nonpublic school, or child care program operated by an authorized private before and after school care program will not ban DCY from instituting any of the actions set forth in this rule.

Last updated July 1, 2026 at 8:46 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Chapter 5180:2-20 School Based Preschool Program

Ohio Adm.Code 5180:2-20-01 Definitions.

As used in this chapter:

(A) "Administrator" means a director or the director's designee who performs administrator duties in this chapter. The responsibility for the daily operation of the preschool program remains with the director.

(B) "Adult" means a person who is at least eighteen years of age.

(C) "Advanced practice registered nurse" means a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner under Chapter 4723. of the Revised Code.

(D) "Alignment" means the coherence and correlation of the curriculum and assessments to standards.

(E) "Career pathways model" has the same meaning as in section 5104.01 of the Revised Code.

(F) "Class" means a group of children enrolled in the preschool program.

(G) "Community school" has the same meaning as in section 3301.52 of the Revised Code.

(H) "Corrective action plan" describes the action taken by the program to correct a non-compliance. This plan does not confirm the program is in compliance with the rule, or negate the non-compliance finding. Corrective action plans are submitted in the Ohio statewide licensing system and are to be completed in their entirety to be approved.

(I) "Crib" means a full sized crib or portable crib either of which meets the federal standards located at 16 CFR 1219.1 to 1220.2 (June 2011, cpsc.gov) and is appropriate to the size of the child.

(J) "Curriculum" means an organized framework that describes those components of developmentally appropriate practice necessary to support optimum development and learning including the following:

(1) Classroom environment.

(2) Concepts and skills in all content areas and developmental domains.

(3) Learning experiences.

(4) Instructional strategies to help children achieve their goals.

(5) Assessment processes to inform instruction to monitor progress.

(K) "Department" means the Ohio department of children and youth (DCY).

(L) "Developmentally appropriate" means curriculum, instruction, environments, and age-appropriate activities that reflect the cognitive, social, and emotional level of the learner and also includes the unique abilities or characteristics of a learner or group of learners including learners with disabilities, unique ethnic and/or cultural characteristics, and unique life experiences.

(M) "Director" has the same meaning as in section 3301.52 of the Revised Code. In addition, "director" means the lead teacher, elementary principal or site administrator who is the individual on-site and is responsible for supervision of a preschool program, and may be used to meet child-to-staff ratio. In reference to Chapter 5180:2-12 of the Administrative Code, "director" has the same meaning as "administrator."

(N) "Early learning program and development standards" means the department's framework for preschool programs to address outcomes and goals considered essential for children's learning and health development as referenced in section 5104.29 of the Revised Code.

(O) "Education management information system (EMIS)" is a statewide data collection system for Ohio's primary and secondary education, including demographic information, attendance, course information, financial data, and test results.

(P) "Eligible nonpublic school" has the same meaning as in section 3301.52 of the Revised Code.

(Q) "Employee" means an individual who receives compensation for duties performed in a licensed preschool; or who is assigned specific working hours or duties in a licensed preschool program. This includes contracted employees or self-employed individuals who are compensated by the program and who have unsupervised access to children in the program.

(R) "Facility" means a building that is owned or leased and operated by the school district, educational service center, joint vocational school, career technical school, county board of developmental disabilities, community school, or eligible nonpublic school and has been approved by a municipal, township, or county or state building department for the purpose of operating a program for preschool children.

(S) "Governing body" means a board of education for a school district, an educational service center or county board of developmental disabilities; or the group of persons who have similar authority over a community school or nonpublic school program.

(T) "Group size" means the number of children assigned to a lead teacher in a classroom.

(U) "Head start" means a federally funded school readiness program for children ages birth to five from low-income families. Head start provides comprehensive services that support children's growth and development. Head start programs include licensed programs that receive head start funding as a grantee, delegate, partnership, or collaboration.

(V) "Individualized education program (IEP)" means an individualized education program as developed in accordance with rule 3301-51-07 of the Administrative Code or a "504 plan" developed under section 504 of the Rehabilitation Act of 1973.

(W) "Individualized family service plan (IFSP)" means the written plan for providing early intervention services to an eligible child under the age of three and the child's family as developed in accordance with rule 5180-10-02 of the Administrative Code.

(X) "Infant" means a child who is less than eighteen months of age.

(Y) "Lead teacher" means a person hired to guide and instruct a class of preschool children enrolled in the program and who may supervise the preschool program. "Lead teacher" has the same meaning as all references to "head teacher" in Chapter 3301. of the Revised Code.

(Z) "Moderate risk non-compliance (MRNC)" means a licensure rule violation that has the potential to lead to an increased risk of harm to, or death of, a child and is observable and/or based on facts.

(AA) "Non-ambulatory child" means any child who is unable to leave a building unassisted under emergency conditions; unable to walk forward or backward unassisted; unable to go up or down steps without help; and/or dependent upon mechanical aids such as crutches, walkers, and wheelchairs.

(BB) "Ohio professional registry (OPR)" is an online professional development tool for Ohio's early childhood and afterschool professionals.

(CC) "Ohio statewide licensing system" is the DCY system for tracking child care program licensing and Step Up To Quality functions and activities.

(DD) "Parent, guardian, or custodian" means the person or government agency that is or will be responsible for a child.

(EE) "Policies" mean principles governing the operation of the preschool program. Policies shall be established and adopted by the program's governing body.

(FF) "Preschool child" has the same meaning as in section 3301.52 of the Revised Code.

(GG) "Preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code.

(HH) "Preschool program" has the same meaning as in section 3301.52 of the Revised Code. For the purposes of this chapter, "preschool" or "program" have the same meaning as "preschool program."

(II) "Preschool staff member" means a preschool program employee whose primary responsibility is care, teaching, or supervision of preschool children and who is used to meet child-to-staff ratio requirements.

(JJ) "Procedures" means an administrative course of action specified in writing.

(KK) "Public school" means a school operated by a board of education of a city, county, exempted village, local, joint vocational school district, a county board of developmental disabilities, community school, or an educational service center governing body.

(LL) "Publicly funded" means any funding received from DCY to operate a preschool program.

(MM) "School-age child" means a child who is kindergarten or age six and of compulsory school age according to the entry date determined by the school district in section 3321.01 of the Revised Code.

(NN) "School building" has the same meaning and meets the requirements in section 3301.55 of the Revised Code.

(OO) "Serious risk non-compliance (SRNC)" means a licensure rule violation that has the potential to lead to a great risk of harm to, or death of, a child and is observable and/or based on facts.

(PP) "Toddler" means a child who is at least eighteen months of age but less than three years of age.

(QQ) "Visitor" means an individual who is not considered an employee but may be temporarily present in the program. A visitor does not have assigned duties, is not used in ratio, or left alone with children.

(RR) "Voluntary temporary closure" means the program requests to stop serving children but not close the license. A voluntary temporary closure shall not exceed twelve months.

(SS) "Volunteer" means an individual who is not considered an employee. A volunteer may have duties but is not compensated not counted in ratio, and is not left alone with children.

Last updated July 1, 2026 at 8:56 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-02 Compliance and investigation.

(A) What is the process to establish or operate a preschool licensed by the Ohio department of children and youth (DCY)?

Boards of education intending to establish a preschool must demonstrate a need for a preschool program. No school district board of education, county board of developmental disabilities, or governing boards of educational service center, community school or eligible non-public school shall operate, establish, manage, conduct or maintain a preschool program, including head start, without a license issued under sections 3301.52 to 3301.59 of the Revised Code and this chapter.

(B) What is the requirement for preschools to report students in the education management information system (EMIS)?

All EMIS reporting entities that have been issued a license to operate a preschool program are to report all preschool children being educated by the entity as outlined in section 3301.0714 of the Revised Code using guidelines established by the Ohio department of education and workforce (DEW).

(C) Which programs operated by the county board of developmental disabilities are to be licensed?

Programs operated by county boards of developmental disabilities are to follow the age group requirements for DCY licensure below:

(1) Programs operated for children under the age of three are not required to be licensed through DCY.

(2) Programs operated for preschool children are required to be licensed through DCY.

(D) What is the application process for licensing a preschool?

The requirements for the application to operate a preschool are as follows:

(1) Completion of an electronic application in the Ohio statewide licensing system.

(2) Submission of the application at least thirty days prior to the proposed open date and prior to children attending.

(3) Submission of the following documents:

(a) Certificate of occupancy indicating that the school building has been inspected in accordance with section 3301.55 of the Revised Code. Programs serving only children ages two and one half years and older are exempt from this requirement.

(b) A current fire inspection in accordance with section 3301.55 of the Revised Code.

(c) A valid food license or a valid food license exemption from the local health department having jurisdiction or from the Ohio department of health.

(d) A detailed and labeled site plan that includes an indoor floor plan of the space proposed to be used by preschool children and an outdoor play space diagram that includes the space used by the preschool.

(E) What are the preschool governing body's operational responsibilities?

The governing body responsible for the preschool program's operation shall be responsible for:

(1) Securing and maintaining a license for the facility in which the preschool program operates.

(2) Maintaining the program's services, months, days and operating hours in the Ohio statewide licensing system.

(F) How long is a license valid for a DCY licensed preschool program?

In accordance with section 3301.58 of the Revised Code, preschool programs are first issued a provisional license, valid for one year, and then a continuous license is issued. The continuous license remains in effect unless revoked.

(G) What is the process to change or amend a preschool license?

(1) The preschool is to submit a request and all applicable documents in the Ohio statewide licensing system.

(2) What information can be amended on an existing license?

(a) License capacity.

(b) Change of location of the program.

(3) What is the timeline for requesting an amendment?

(a) For a change in capacity, the preschool shall request and be approved for the amendment prior to serving additional children. This includes submitting all corrective action plans required pursuant to rule 5180:2-12-03 of the Administrative Code.

(b) For a change in location, the preschool shall request the amendment at least thirty days prior to the last day at the current location. Failure to request within thirty days may result in a gap of care. Care shall not begin until the license has been transferred to the new location.

(4) An organization that will no longer be operating a preschool program is responsible for submitting a closure request to DCY.

(H) How shall a governing body request a voluntary temporary closure for the license of a preschool?

(1) The governing body is to request the temporary closure status in the Ohio statewide licensing system. The program license will then be considered "inactive" in the system.

(2) The temporary closure "inactive" status shall not exceed twelve months.

(3) The preschool shall not serve any children during the temporary closure "inactive" status.

(4) The preschool may be required to comply with an inspection prior to the end of the temporary closure "inactive" status and prior to serving children again.

(I) What compliance inspections are required for preschools?

Programs will receive:

(1) At least one inspection prior to the initial issuance of a provisional license.

(2) At least two inspections during the provisional period.

(3) At least one inspection each state fiscal year after the issuance of the continuous license. Compliance inspections completed in the state fiscal year pursuant to paragraph (I)(2) of this rule meet this requirement.

(4) Any complaint investigations involving the preschool.

(5) All inspections may be and at least one inspection will be unannounced in a twelve month period.

(J) How is data collected during a license inspection used?

Data collected during a licensing inspection may be used in other inspections conducted by DCY regarding specific program performance standards.

(K) What is submitted upon request to DCY?

Records and reports related to the program shall be submitted as requested to DCY.

(L) What are the requirements for preschools accepting public funds?

Publicly funded programs must achieve a step up to quality (SUTQ) rating as defined under section 5104.29 of the Revised Code, unless the preschool meets an exemption listed in rule 5180:2-16-09 of the Administrative Code.

(M) Does the preschool license need to be visible?

The preschool license is to be posted in a conspicuous place and visible to the public at all times.

(N) How may preschool program inspection reports and licensing records be viewed or requested?

(1) Inspections may be viewed using the child care search tool on the DCY website.

(2) An individual may submit a written request to DCY for a copy of the program's licensing record.

(3) The preschool program may request a review of a licensing non-compliance finding by submitting a request to DCY in the Ohio statewide licensing system within ten business days of receiving a compliance report.

(O) How are complaints and reports about preschool program operations reported?

All complaints and reports concerning the operation of programs regulated by this chapter of the Administrative Code and sections 3301.52 to 3301.59 of the Revised Code, shall be reported to DCY.

(P) Which licensing actions by DCY give the preschool program rights to an adjudicatory hearing, in accordance with the requirements of Chapter 119. of the Revised Code?

(1) All actions of DCY with respect to licensing a preschool program site, refusal to license or revocation of a license, shall be in conformity with sections 3301.57 and 3301.58 and Chapter 119. of the Revised Code.

(2) Those licensing actions, which will be afforded the right to an administrative hearing, include the following:

(a) The proposal to deny an initial or standard license.

(b) The proposal to close a preschool program or revoke an existing license, be it provisional or a continuous license.

(c) The proposal to deny a continuous license at the expiration of a provisional license.

(3) A request for an administrative hearing pursuant to Chapter 119. of the Revised Code and Chapter 5180:2-20 of the Administrative Code will be submitted to DCY, and will be considered to have been made as of the date received.

(Q) What may cause DCY to deny an application or to revoke a preschool license?

DCY may deny or revoke a preschool license if the applicant or licensee:

(1) Knowingly makes a false statement on the application.

(2) Does not comply with the requirements of this chapter of the Administrative Code and sections 3301.52 and 3301.59 of the Revised Code.

(3) Has pleaded guilty or been convicted of an offense described in section 3301.541 of the Revised Code.

(4) Has a maximum annual accumulation of points for licensure violations, as determined by DCY.

(R) What is the waiting period for a program or fiscal agent of the program whose license is revoked or not renewed by DCY?

If DCY revokes a license or refuses to renew a license, the program or fiscal agent shall not be issued a license within two years from the date of revocation of a license or refusal to renew a license.

(S) Which DCY licensing actions, ministerial in nature, are not subject to administrative hearing?

(1) Those licensing actions that are of an administrative nature will not be afforded the right to an administrative hearing. These actions include rejection of any application for licensure for procedural reasons such as, but not limited to, incomplete submission, use of an invalid form, failure to make information available to DCY, or failure to make information available during an inspection.

(2) The preschool program license will be closed by DCY without hearing rights afforded by Chapter 119. of the Revised Code if:

(a) At the end of twelve months, the preschool program has not requested in the Ohio statewide licensing system to reinstate the license.

(b) At the end of twelve months, the preschool program is not able to be re-opened.

(c) A preschool program fails to enroll children for twenty-four months and refuses to voluntarily permanently close the program.

(T) What is a licensing inspection non-compliance?

(1) A licensing inspection non-compliance is a licensure rule violation. Inspections could result in moderate or serious risk findings.

(2) Non-compliance findings vary depending on the potential to lead to a risk of harm to a child and are observable and/or based on facts. Moderate and serious risk non-compliances are assigned point values and the annual accumulated points may result in DCY licensing or SUTQ actions pursuant to section 5104.29 of the Revised Code.

(U) What license violations are considered as moderate risk non-compliances (MRNC)?

The following are identified as moderate risk non-compliances of a license due to the increased risk of harm to children and are worth three points each:

(1) Failure to obtain or maintain a food service license due to violations or serving food without a food service license.

(2) Failure to complete a fire inspection or failure to request a fire inspection update at least thirty days prior to expiration.

(3) The preschool exceeds room or building occupancy or the preschool cares for children in a space not approved for use or for the age group.

(4) Current background checks or fingerprints are not submitted for required employees or preschool staff members. Director, employee, or preschool staff member are engaged in assigned duties or near children without preliminary approval or background check on file or in the Ohio professional registry (OPR). Expired background check is not updated.

(5) Unsafe indoor or outdoor space, including but not limited to, hazardous outdoor equipment, lack of protective surfacing on the playground, or outdoor play space not well-defined to protect children from traffic, animals, or other hazards.

(6) Unsafe environment and equipment where the preschool did not protect children from unsafe items, conditions, or situations, including but not limited to, chemicals or equipment, space heaters, missing mats under indoor climbing equipment, medication or alcohol accessible on the premises while children are present.

(7) Group size and ratio violations, including but not limited to, the preschool program is out of ratio or exceeds license capacity.

(8) Supervision violations, including but not limited to, a child is left unattended inside of facility or building, staff use of prohibited discipline techniques, staff member is asleep or under the influence of substance which impairs their ability to supervise children who are present, children are asleep on unapproved floor of the building.

(9) Sleeping and napping violations, including but not limited to, a child is placed in a crib with an object that poses suffocation or strangulation risk, stacked cribs are used or cribs are unsafe, something other than a crib is used for sleeping or napping, and an infant is sleeping in an unsafe position without written physician permission on file.

(10) Meal preparation and nutritional requirement violations, including but not limited to, a child is in attendance more than four hours without being offered a meal.

(V) What license violations are considered as serious risk non-compliances (SRNC)?

The following are identified as serious risk non-compliances of a license due to the great risk of harm to children and are worth six points each:

(1) Child is left unattended outside of facility/building.

(2) Transportation policies are not followed.

(3) Falsified information is submitted to DCY.

(4) Preschool staff members fail to report suspected child abuse or neglect as required pursuant to section 2151.421 of the Revised Code.

(5) Medication is dispensed to the wrong child or the wrong dosage is administered.

(6) Substantiated public children's services agency (PCSA) finding of abuse or neglect for any preschool staff member.

(7) An employee or preschool staff member refuses to be fingerprinted and remains employed, or an individual remains employed when they are not eligible for employment.

(8) Swimming activity takes place without a lifeguard on duty or a lifeguard is used to count in the staff to child ratio, swimming site is accessible to children without staff supervision, or swimming activity takes place in a lake, pond, or river.

(9) Weapons or ammunition are on the premises without prior approval.

(10) DCY or its representatives are denied access to conduct a compliance inspection pursuant to Chapter 5180:2-20 of the Administrative Code.

(11) Child(ren) are not protected from harm which resulted in a serious incident or injury.

(12) Illegal drugs on the premises.

(W) What DCY actions could occur when a serious risk non-compliance occurs?

Any serious risk non-compliance described in, but not necessarily limited to this rule, as reviewed by DCY at its discretion may result in any of the following:

(1) Denial of a license application or approval for a non-expiring or continuous license.

(2) Revocation of a license.

(3) Reduction or removal of a quality rating under the SUTQ program.

(4) Loss of funding.

(X) What is a serious incident?

The following are identified as serious incidents:

(1) Death of a child at the preschool program.

(2) An incident, injury, or illness that requires professional medical consultation or treatment for a child.

(3) An unusual or unexpected incident which jeopardizes the safety of a child or employee of the program.

(4) An incident defined as a SRNC as indicated in paragraph (V) of this rule.

(Y) What is the preschool required to do if there is a serious incident or SRNC?

(1) The preschool shall report the serious incident, as defined in paragraph (X) of this rule, or SRNC, as described in paragraph (V) of this rule, by the next business day in the Ohio statewide licensing system.

(2) This notification does not replace mandatory reports of suspected child abuse or neglect required by section 2151.421 of the Revised Code.

(3) The preschool may print the completed serious incident report in the Ohio statewide licensing system and give to the parent to meet the parent notification requirements of rule 5180:2-20-07 of the Administrative Code.

(4) If a child is transported by anyone other than a parent for emergency treatment, the child's health and medical records are to accompany the child. The director, administrator or a preschool staff member is to stay with the child until the parent assumes responsibility for the child's care.

Last updated July 1, 2026 at 8:56 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-03 Program.

(A) What is the purpose of the written preschool philosophy and goals?

A written philosophy and goals shall give direction to the preschool program and shall provide a basis for daily operation that shall address the needs, interests, and abilities of each child through quiet and active play.

(B) What are the curriculum requirements for a preschool program?

A written curriculum shall be adopted which describes:

(1) Developmentally appropriate activities, learning environment, and approaches which meet the individual needs of the children.

(2) Alignment at the domain level to the early learning and development standards adopted by the state board of education.

(C) What elements are to be included in the preschool program's daily schedule?

The preschool program's daily schedule for each age group shall include a balance of both quiet and active play, throughout the day which shall meet the intellectual, physical, social, and emotional needs of each child through indoor and outdoor activities. The written daily schedule shall be reflected in actual observation of the program.

(D) When is a nap/rest period required in a preschool daily schedule?

A preschool program serving preschool children for more than five hours per day shall have a nap/rest period reflected in the daily written schedule. Nap/rest periods shall not exceed one and one-half hours.

(E) What are the sleeping and napping requirements for a preschool program?

The preschool is to comply with rule 5180:2-12-20 of the Administrative Code.

(F) When are child progress reports to be reviewed, reported, and shared with parents?

Children's developmental progress shall be reviewed and reported to parent(s) at established intervals. All reporting shall be according to the established procedures of the program's governing body. A conference involving the teacher and parent shall be held at least twice a year.

(G) How are preschool program policies and procedures to be communicated to parents?

The preschool program shall have on file and provide to each parent a parent handbook that will:

(1) Encourage parental participation and keep parents informed about the preschool program's operations, services and policies.

(2) Notify parents of early and periodic screening, diagnosis and treatment (EPSDT) as well as developmental screening services available under the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) at 20 U.S.C. 1400 et seq.

(3) Include information to advise parents how to obtain copies of inspection reports of the preschool and how to file a complaint with the department of children and youth (DCY).

Last updated July 1, 2026 at 8:55 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-05 Facility.

(A) Where should a preschool program be located?

The preschool shall be located in a safe and convenient facility and space that accommodates the enrollment, supports child growth and development according to program objectives, and meets the requirements of section 3301.55 of the Revised Code. The space shall be for the exclusive use of the children enrolled in the preschool program when that program is in session.

(B) What are the fire inspection requirements for a preschool program?

The preschool shall provide written documentation of an annual fire inspection of the facility. Annually means within twelve calendar months of the previous fire inspection.

(C) What are the indoor space requirements for a preschool program?

The indoor space shall include not less than thirty-five square feet of usable, wall-to-wall floor space for each child.

(1) Such floor space shall not include hallways, kitchens, storage areas, or any other areas not designated for the care of children.

(2) Bathrooms shall be included only if they are used exclusively by children enrolled in the preschool when the program is in session.

(3) Square footage, as detailed in section 3301.55 of the Revised Code, shall determine the maximum capacity or number of children that may be served in the space. Maximum group size shall not exceed the maximum capacity in any given space.

(4) Spaces meeting the required square footage per child may be defined by barriers to serve more than one class/group of children. Barriers shall be at least thirty-six inches in height, may be permanent or nonpermanent walls, bookcases, partitions or some similar device used to define the area.

(5) Electrical outlets are to be covered when not in use unless documentation is on file that the outlets are tamper resistant.

(6) The preschool is to be cleaned daily and kept in a sanitary condition at all times. Cleaning and sanitizing is not to take place while rooms are occupied by children, except for general cleanup activities such as sweeping, vacuuming, mopping and wiping off tables which are part of the daily routine.

(7) Smoking is prohibited on the premises.

(8) The public may use areas such as entry ways, hallways, bathrooms, and other areas normally available for public use if such access does not constitute a risk or hazard to the health and safety of the children in care.

(9) A working phone and a backup form of communication will be within, or immediately accessible, to the preschool's primary space and accessible to staff at all times. A preschool staff member will be available to parents by phone during hours of program operation. Phone numbers for emergency services that may be locally appropriate will be posted in a visible location readily accessible to the appropriate preschool staff member in the area. Backup forms of communication may include, but are not limited to, email, text messaging services, or an additional phone.

(D) What are the play space requirements for indoor and outdoor gross motor play?

Safe play space, including both indoor and outdoor play space, totaling not less than sixty square feet for each child using the space at any one time, shall be regularly available and scheduled for use. Additionally, play spaces comply with the following:

(1) The surface of the outdoor play space shall offer protection from falls and shall be well drained.

(2) The play space, including both indoor and outdoor play space, shall be free of hazards such as, but not limited to, chipped and peeling paint containing lead, mold, peeling plaster, holes in the walls, broken glass, potholes, garbage, flammable materials and other debris. Equipment and furniture must be without sharp corners, splinters, or loose and/or peeling paint containing lead. Corrective action will be issued for any loose and/or peeling paint that may contain lead.

(3) The play area shall be well defined to protect children from traffic, animals, or other hazards.

(4) Child staff ratios are maintained at all times in accordance with rule 5180-37-04 of the Administrative Code or this chapter.

(5) Groups of children are supervised when traveling to and from the play area.

(6) For outdoor space, the preschool program is to provide sun protection for all children and protect children under six months from any direct exposure to the sun.

(E) What are the requirements for play spaces used by a preschool program that are regulated by another state or local agency?

On-site or off-site play areas that are regulated by another state or local agency are exempt from the Ohio department of children and youth (DCY) requirements for outdoor spaces, playground equipment, and fall zones. Preschools are to protect children from harm while using these exempted play areas, including but not limited to, protection from traffic and animals; preventing child access to bodies of water; limiting direct sun exposure for infants; and providing sun protection for all children.

(F) What are the swimming and water safety requirements for preschool programs?

Swimming pools, wading pools, and other swimming/wading sites shall be made inaccessible to the children when not in use. Additionally, swimming pools, wading pools, and other swimming/wading sites have the following requirements:

(1) Wading pools are filtered or emptied daily. Portable wading pools are sanitized daily or more often, if needed.

(2) Preschool staff members supervise children at all times while a wading pool is in use and preschool staff members are able to clearly see all parts of the wading area.

(3) There is one lifeguard or water safety instructor certified by the American red cross or an equivalent water safety program present for every thirty-five children when children are involved in a water activity over eighteen inches in depth. If the lifeguard is a staff member, the lifeguard does not count in the staff/child ratio and additional staff would be needed in this scenario.

(G) What are the infant and toddler space requirements for the preschool program?

Infants and toddlers shall be provided space apart from their sleeping quarters so that each child is allowed to sit, crawl, toddle or walk, and play safely and comfortably according to his/her stage of development.

(H) What are the building and fire approval requirements for infants and non-ambulatory children eighteen months of age or older?

Infants and non-ambulatory children eighteen months of age or older shall receive care in rooms approved for that use by local building, fire officials, and DCY prior to use.

(I) Where are cribs to be located within the infant area of a program?

Cribs are to be separated from infant play space by a safe and sturdy physical barrier which does not impair the ability to supervise infants by sight and hearing and provides for safe accessibility. Sight and hearing is not impaired when the preschool staff can see the infants in and out of their cribs and hear their sounds.

Last updated July 1, 2026 at 8:55 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-06 Equipment and supplies.

(A) How are preschool spaces to be equipped?

Indoor and outdoor play space shall contain furniture, materials and equipment of appropriate size and type to meet the intellectual, physical, social and emotional needs of the preschool children enrolled in the preschool program. Material and equipment shall be:

(1) Maintained in a safe and sanitary condition.

(2) Provided in quantities proportionate to the enrollment.

(B) What are the safety and sanitation requirements for preschool furniture, materials, and equipment?

Furniture, materials and equipment shall meet the safety and sanitation requirements of rule 5180:2-12-12 and rule 5180:2-12-13 of the Administrative Code. The following requirements shall also be met:

(1) Protective mats shall be placed under climbers.

(2) General-use trampolines, ball pits, and inflatable play equipment intended for climbing and bouncing, including but not limited to slides and bounce houses, shall not be permitted for use in the preschool program. Individual-use, personal-sized therapy trampolines no larger than forty-eight inches in diameter may be used by children under direct supervision.

(3) Space heaters shall not be used in any preschool program unless approved in writing by the building and/or fire official having jurisdiction in the area.

(4) If electrical fans are used, they shall have protective coverings; shall not be easily tipped over; and shall be placed so that they are not hazardous to children.

(5) Cleaning and sanitizing supplies shall be stored in a space that is inaccessible to children. Cleaning agents, aerosol cans and all other chemical substances are to be stored in a designated area in their original containers and/or clearly labeled.

(6) Safe handling and storage of hazardous materials and the appropriate disposal of bio-contaminants comply with the following:

(a) Blood spills are treated cautiously and decontaminated promptly. Disposable gloves are to be worn during contact with blood or bodily fluids which contain blood, such as vomit or feces in which blood can be seen.

(b) Surfaces contaminated with blood or bodily fluids containing blood are first cleaned with hot, soapy water and then sanitized with an appropriate bleach solution which is prepared on a daily basis according to product guidelines, or other acceptable disinfectant solution which is environmental protection agency (EPA) rated as hospital disinfectant with a label claim for mycobactericidal activity.

(c) The disposal of materials that contain blood are done by the use of a sealable, leakproof plastic bag or by double bagging in plastic bags that are securely tied.

(d) Non-disposable items, such as clothing that contains blood, is placed in a sealable, leakproof plastic bag or are double bagged in plastic bags that are securely tied and sent home with the child.

(e) The disposal of sharp items used for procedures on children with special care needs, such as lancets for finger sticks or syringes, is done by way of a disposable container called a "sharps container." This is a container made out of durable, rigid material which safely stores the lancets or syringes until the parent can take them home for disposal. Sharps containers are to be stored out of the reach of children.

(C) How are preschool play equipment and materials to be arranged?

Play materials to be used in the preschool shall be arranged so that children may select, remove, and replace play materials with minimal assistance.

(D) What are the first-aid supply requirements for a preschool program?

Adequate and sufficient first-aid supplies shall be readily available at all times the preschool is in operation, including on field trips. This includes, at a minimum, band-aids, gauze squares, adhesive tape, an instant ice pack, disposable non-latex gloves, and a working digital thermometer. First-aid kit supplies are to be reviewed and replaced regularly by a staff member.

(E) What are the cot or mat requirements for children in the preschool?

One cot or mat shall be available for each child who remains more than five consecutive hours in the preschool program.

(1) Each cot or mat, with individual bedding, shall be labeled in some manner as to who is assigned to use the cot and shall be for the exclusive use of each child between sanitation procedures.

(2) Cots, mats, and individual bedding shall be thoroughly cleaned with an appropriate germicidal detergent and regularly sanitized before assignment for use by another child.

(3) Cots and mats are to comply with rule 5180:2-12-20 of the Administrative Code.

(F) What are the crib sleeping requirements for infants in a preschool program?

(1) Cribs shall be provided in accordance with all of the following:

(a) Cribs shall meet the United States consumer product safety commission (CPSC) safety standards in accordance with 16 C.F.R. 1219.1 to 1220.2 (June 2011, cpsc.gov).

(b) A crib shall be assigned only to children less than thirty-five inches tall. Children over thirty-five inches tall shall be assigned to use a cot. A child that can climb out of a crib is to be assigned to a cot or mat.

(c) Each infant shall be provided with a separate crib.

(i) There shall be one crib available which meets the requirements of this rule for each infant.

(ii) Each crib shall be labeled with each infant's name who is assigned to use the crib and shall be for the exclusive use of said child between sanitation procedures. Cribs shall be thoroughly cleaned with an appropriate germicidal detergent and regularly sanitized before assignment for use by another child.

(d) Cribs shall be spaced apart from each other by a minimum of two feet on all sides. A corner wall at the end of a crib may meet this requirement as long as staff have access to the infant on one side, at a minimum.

(e) Cribs are not stacked.

(f) The space between the mattress and the side of the crib or the end panels of the crib shall not exceed one and one-half inches.

(g) Each crib mattress shall:

(i) Be securely covered with a waterproof material which is not dangerous to children.

(ii) Have only a clean bottom crib sheet which is changed at least weekly or more often as necessary. The sheet shall be changed whenever another child uses the crib.

(2) The program shall promote safe infant sleep by ensuring the following:

(a) All preschool programs are to comply with the Ohio department of children and youth (DCY) infant safe sleep procedures.

(b) Infants shall be placed in their cribs for sleeping and shall not be allowed to sleep in car seats, swings, mesh cribs, playpens, bassinets of any type, or other equipment. If a medical condition exists where a child needs to sleep in equipment other than a crib, written permission shall be obtained and updated every six months from a physician and be kept on file for review.

(c) No blankets shall be in the crib for infants under twelve months old. A one-piece sleeper or wearable blanket is permitted. Only children who are not yet able to roll-over are permitted to be swaddled using a wearable swaddling blanket.

(d) Infants are not placed in cribs with bibs or any other items which could pose a strangulation or suffocation risk. This includes, but is not limited to, bumper pads, teething necklaces, pacifier ribbons, stuffed animals, and toys.

(e) Infants under twelve months old are placed on their backs to sleep unless the parent provides written authorization on the DCY 01235 "Sleep Position Waiver Statement for Child Care" or an equivalent document. Either format of this written authorization is to be signed by the child's physician. The DCY 01235 (or equivalent) is to be maintained on file for review and is valid for one year. Infants who are able to roll from back to front and front to back are to be placed initially on their back for sleeping but allowed to remain in a position they prefer.

(G) What are the potty chair requirements for children in the preschool program who are toilet learning?

Potty chairs shall be provided in accordance with all of the following:

(1) Potty chairs shall not be located in areas used for food preparation or serving or in areas not normally used for diaper changing or toileting.

(2) Potties shall be emptied, cleaned, disinfected, and rinsed with water after each use. The rinsing solution shall be disposed of into a toilet, not a sink.

(3) Disposable cloths used for cleaning potties shall be used once and disposed of in a plastic-lined covered receptacle. Reusable cloths shall be stored in an appropriate germicidal solution and held for laundering for no longer than one day.

Last updated July 1, 2026 at 8:55 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-07 Policies and procedures.

(A) How is the preschool program to be governed?

The preschool program shall be guided by written policies of the board of education or governing body which are consistent with applicable statutory requirements contained in the Revised Code and rules adopted by the Ohio department of children and youth (DCY).

(B) When is the preschool program to develop operating policies and procedures?

Once a preschool program has been established by the board of education or governing body, the preschool is to develop policies and procedures for the operation of the program. Policies and procedures of the preschool program shall be established and approved by the governing body or board of education.

(C) Who is responsible for implementing policies and procedures?

Each school district, educational service center, board of developmental disabilities, community school or eligible nonpublic school that operates a preschool program shall assign responsibilities for implementing policies and procedures.

(D) What policies and procedures are to be developed and maintained for the preschool program?

Policies and procedures shall be appropriate for children enrolled in the preschool program shall at a minimum include, but not be limited to, the following:

(1) Staffing, which at a minimum meets the requirements of rule 5180-37-04 of the Administrative Code or this chapter; and addresses staff awareness of each enrolled child's cumulative and health records required in rule 5180:2-20-08 of the Administrative Code.

(2) Child cumulative records which at a minimum meets the requirements of rule 5180:2-20-08 of the Administrative Code;

(3) Developmentally appropriate program planning which at a minimum meets the requirements of rule 5180:2-20-03 of the Administrative Code and:

(a) Addresses developmentally appropriate materials and equipment.

(b) Addresses selection and use of developmentally appropriate materials, equipment, and resources that meet the intellectual, physical, social, and emotional needs of the preschool child.

(4) Health and safety procedures, in accordance with section 3301.56 of the Revised Code, and the following:

(a) Ensuring that the health and safety of the children are safeguarded by an organized program of school health services designed to identify child health problems and to coordinate school and community health and safety resources for children, as evidenced by but not limited to:

(i) Requiring immunization records and compliance with emergency medical authorization requirements in accordance with rules adopted by DCY under section 3301.53 of the Revised Code.

(ii) Adopting and following an emergency preparedness and response plan (EPRP).

(a) The EPRP is to include procedures that will be used to prepare for and respond to the following types or emergency or disaster situations:

(i) Written security plan that ensures access to the program is limited to parents and guardians of children in care and authorized persons.

(ii) Medical or dental emergencies, including emergency transportation.

(iii) Weather emergencies and natural disasters which include severe thunderstorms, tornadoes, flash flooding, major snowfall, blizzards, ice storms, or earthquakes.

(iv) Emergency outdoor or indoor lockdown due to threats of violence which includes active shooter, bioterrorism, or terrorism.

(v) Emergency evacuation and relocation procedures due to hazardous materials and spills, gas leaks or bomb threats; or due to threats of violence which include active shooter, bioterrorism, or terrorism.

(vi) Outbreaks, epidemics, or other infectious disease emergencies.

(vii) Loss of power, water, or heat.

(viii) Other threatening situations that may pose a health or safety hazard to children in the preschool.

(b) The EPRP is to include details for:

(i) Emergency numbers for medical, dental, and transport-related emergencies, in addition to 9-1-1.

(ii) Shelter in place or evacuation, how the preschool will care for and account for the children until they can be reunited with the parent.

(iii) Assisting infants, toddlers, and children with special needs and/or health conditions.

(iv) A designated safe site where staff and children can safely relocate and remain when evacuated.

(v) Reunification with parents.

(A) Emergency contact information for the parents and the preschool.

(B) Procedures for notifying and communicating with parents regarding the location of the children if evacuated.

(C) Procedures for communicating with parents during loss of communications, no phone or internet service available.

(vi) The location of supplies and procedures for gathering necessary supplies for staff and children, if required to shelter in place.

(vii) What to do if a disaster occurs during the transport of children or when on a field trip or routine trip.

(viii) Making the EPRP available to all preschool staff members and employees.

(ix) Training of staff or reassignment of staff duties as appropriate. Ensures that all preschool staff have initial training and annual reviews of the EPRP.

(x) Updating the EPRP on a yearly basis.

(xi) Contact with local emergency management officials.

(c) If the program has adopted a written safety plan in accordance with section 5502.262 of the Revised Code and filed it with the Ohio school safety center, that plan will meet the EPRP requirements of this paragraph. The plan is a security record and exempt from public disclosure. DCY will accept documentation from the director that the plan is on file with the Ohio school safety center.

(iii) Providing and posting public instructions for emergency situations, including fire drills, rapid dismissals, and tornado drills in accordance with section 3737.73 of the Revised Code, and keeping records of such drills or dismissals.

(iv) Posting medical and dental emergency procedures in each preschool room and by each telephone and making such available to school personnel, children, and parents.

(v) Posting emergency phone numbers readily in view in each preschool room and other spaces used by the children.

(vi) Supervising grounds, play areas, and other facilities when scheduled for use by children.

(vii) Procedures for providing written notification to parents on the day of the injury/incident, when a child is injured or a serious health/safety incident occurs.

(b) Providing first-aid facilities and materials. First aid kit supplies will be readily available at all times the preschool program is in operation and taken on all field trips. First-aid kits are to meet the requirements in rule 5180:2-20-06 of the Administrative Code.

(c) Fluoride supplements to be administered in accordance with section 3701.136 of the Revised Code.

(d) Prior to administering a prescription or nonprescription medication, food supplement, or medical food, the preschool program shall ensure that:

(i) The written instructions of a licensed physician or licensed dentist as appropriate are on file.

(ii) Each time medication, medical food, or a food supplement is administered, a written record or log including dosage, date, and time shall be made. That record or log shall be kept on file for one year.

(iii) Only employees who are health professionals or who have completed a drug administration training may administer medication pursuant to section 3313.713 of the Revised Code.

(iv) Medication shall be stored in a designated locked storage place, except drugs requiring refrigeration shall be kept in a refrigerator not accessible to children. Emergency medication may be kept in an unlocked storage place as long as it is out of reach of children.

(v) Parent permission is needed for the application of topical products and lotions and is to be applied according to the manufacturer's instructions. Parent permission is not required for lip balm use or for using hand sanitizer with children older than twenty-four months.

(e) All preschool staff members shall wash their hands with soap and running water after each diaper change, or after assisting a child with toileting; after cleaning; after toileting; before preparing or eating food; before feeding any child; and when hands have been in contact with nasal or mucous secretions. Disposable towels or an air hand dryer shall be available at all times.

(f) Preschool program with swimming and water play activities in bodies of water two or more feet in depth, shall:

(i) Have written permission from the parent or guardian of a child before the child shall be permitted to swim or otherwise participate in water play activities. the written permission shall be signed and dated, and shall include the following:

(a) The child's name.

(b) A statement indicating whether or not the child is a swimmer.

(c) That the parent or guardian grants permission for the child to participate in water activities.

(ii) The preschool program shall provide enough preschool staff members to meet the requirements of rule 5180-37-04 of the Administrative Code or this chapter at all times during swimming and water play activities.

(g) For swimming activities at sites other than the preschool program location, the preschool program shall:

(i) Have preschool staff members that always accompany and supervise children at swimming sites, including, but not limited to, public or private swimming pools.

(ii) Ensure that swimming sites are approved and supervised by local authorities.

(iii) Ensure that activities in bodies of water eighteen inches in depth shall be supervised by persons who are currently certified as lifeguards or water safety instructors by the American red cross or an equivalent water safety program.

(iv) Provide enough preschool staff members to meet the requirements of rule 5180-37-04 of the Administrative Code or this chapter at all times during swimming and water play activities.

(5) Admission and attendance which at a minimum meets the requirements of:

(a) Supervising each child's admission, placement, transition, and withdrawal according to established procedures.

(b) Preparing at least once annually for each group of children in the preschool program a roster of the name and telephone number of the child and of the child's parent and, on request, furnishing the roster for each parent.

(c) Preparing a similar roster of all children in the preschool program and, on request, make it available to each parent with a child in the program.

(i) Securing from each parent a signed statement indicating whether such individual desires to be included in rosters prepared in accordance with this paragraph.

(ii) Ensuring that a roster is not furnished to any person other than a parent.

(6) Child guidance which, at a minimum, meets the requirements of rule 5180:2-20-10 of the Administrative Code;

(7) Management of communicable diseases and safety which, at a minimum, include:

(a) Staff training in age-appropriate first aid and cardiopulmonary resuscitation (CPR) in accordance with rule 5180-37-04 of the Administrative Code or this chapter.

(b) Staff training in child abuse recognition and prevention in accordance with rules 5180-37-04 and 5180:2-20-10 of the Administrative Code and this chapter.

(c) Diapering, which at a minimum meets the requirements of rule 5180:2-20-12 of the Administrative Code.

(8) Transportation and field trips.

(9) Safe infant sleep and crib safety which, at a minimum, meets the requirements of rule 5180:2-20-06 of the Administrative Code.

(E) Are parents permitted unlimited access to the preschool program?

Any parent of a child enrolled in the preschool shall be permitted unlimited access to the school during its hours of operation to contact his or her child, evaluate the care provided by the program, the premises, or for other purposes approved by the director. Upon entering the premises, the parent shall report to the preschool office.

(F) What are the requirements for a preschool program serving a preschool child with a disability?

A preschool program serving a preschool child with a disability in a public school shall do so in accordance with Chapter 3301-51 of the Administrative Code.

Last updated July 1, 2026 at 8:55 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-08 Child information.

(A) What child immunization information is to be provided to the preschool program?

(1) The parent shall provide, prior to the date of admission or not later than thirty days after date of admission, and every thirteen months thereafter, a dated immunization record for enrollment in the preschool program.

(2) The immunization record is to contain the following information:

(a) The child's name and birth date.

(b) A record of the immunizations that the child has had, specifying the month, day, and year of each immunization.

(3) A child with a disability shall not be excluded from the preschool program for lack of an immunization record until the team responsible for the individualized education plan (IEP) or individualized family service plan (IFSP) reconvenes. Exclusion from the program until the IEP or IFSP is revised may be a denial of a free appropriate public education.

(B) What information is the preschool program to have on file for each child?

The preschool program shall secure and have on file all required information no later than the first day of attendance unless otherwise required.

(1) The cumulative record of each child shall include but not be limited to:

(a) Name and date of birth.

(b) Name, address (home and/or business), and telephone number of parent(s).

(c) Names, addresses, and phone numbers of at least one person to contact in an emergency if the parent cannot be located.

(d) Name of persons(s) to whom the child can be released.

(e) Parent authorization for transportation related to the preschool program.

(f) Copies of any injury or incident reports.

(2) The health record of each child shall include but not be limited to:

(a) Physician's or dentist's authorization and written instructions to administer prescription medication, medical food, modified diet, or fluoride supplement to a child enrolled in the program.

(b) Immunization record as required by section 3313.67 of the Revised Code.

(c) A list of any allergies and treatment for said allergies.

(d) A list of any prescription or nonprescription medications, food supplements, modified diets, or fluoride supplements currently being administered to the child.

(e) A list of any chronic physical problems and any history of hospitalization.

(f) A list of any diseases the child has had.

(g) Names and phone numbers of physician and dentist in case of emergency.

(h) Permission of parent for emergency medical and dental care and transportation as required by section 3313.712 of the Revised Code.

(C) What are the daily attendance requirements for preschool programs?

The preschool program will maintain daily attendance records including admission and withdrawal. Attendance may be documented in paper form or in electronic records.

(D) How are preschool programs to communicate child incidents or injuries to the child's parent?

(1) Preschool staff will complete the Ohio department of children and youth (DCY) 01299 "Incident/Injury Report For Child Care" form or an electronic equivalent version and provide to the child's parent or the person picking up the child on the day of the incident or injury if:

(a) A child becomes ill or receives an injury which requires first aid treatment.

(b) A child is transported in accordance with this rule to a source of emergency assistance.

(c) A child receives a bump or blow to the head.

(d) An unusual or unexpected incident occurs which jeopardizes the safety of a child or employee of the preschool, such as a child leaving the preschool unattended, a vehicle accident with or without injuries or exposure of children to a threatening person or situation.

(2) If using paper versions of the form, copies of the DCY 01299 will be kept on file at the preschool for at least one year and shall be available for review by DCY.

(E) What privacy laws and regulations apply to preschool programs?

A preschool program is to comply with all applicable federal and state privacy laws including, but not limited to, the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 USC 1232g and its implementing regulations at 34 C.F.R. Part 99 (2012), and sections 3319.321 and 5104.038 of the Revised Code as applicable.

(F) What are the requirements for children whose living situation meets the federal definition of homelessness?

School districts with children who meet the definition of homeless children or youth under the McKinney-Vento Homeless Assistance Act, 114 Stat. 1675, 42 USC 11434a (2000) are to comply with division (F)(13) of section 3313.64 of the Revised Code.

Last updated July 1, 2026 at 8:55 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-09 School food services.

(A) What are the food service requirements for preschool programs?

The preschool shall be in compliance with section 3717.41 of the Revised Code.

(B) What are the screen time requirements for preschool programs?

The preschool is not to allow screen time during meals and snacks.

(C) What is the requirement for preschools to serve snacks and meals?

Snacks and meals are to be served to children who attend four or more hours in accordance with all of the following:

(1) Snacks and meals served shall be of quantity, variety, and quality in accordance with required daily allowance as prescribed by the United States department of agriculture (USDA) meal patterns. If a child requires a modified diet that eliminates an entire food group, written instructions from a physician, physician assistant, clinical nurse specialist or certified nurse are to be obtained. To the extent possible, a family's preferred dietary preferences (i.e. vegetarian, vegan) should be accommodated.

(2) Reconstituted dry powdered milk shall be used only for cooking and shall not be used as a beverage.

(3) Offer food from each of the five basic food groups for meals. For snacks, offer food from two of the five basic food groups. The five basic food groups include items from each of the following: protein, grain, fruit, vegetable, and dairy.

(4) Parents may provide snacks and meals if they are provided with information on nutritious snack choices. Procedures are in place to ensure that a child is provided with food if a parent does not send a snack or lunch for the day.

(5) The snack shall be served during the longest period between meals.

(6) Current menus for the entire week shall be posted in a conspicuous place and shall reflect all meals and snacks to be served by the preschool program. Any substitute foods served shall be from the same basic food group and shall be recorded on the posted menu on the day the substitute food is served.

(D) What are the requirements for preschool programs to provide infant food and/or formula?

Programs shall provide infant food and/or formula in accordance with all of the following:

(1) Infant food and/or formula provided by the parent shall be labeled with the child's name, date of preparation, and immediately refrigerated, except for unopened commercially prepared canned food or formula.

(2) If breast milk is provided by the parent or guardian, it shall be labeled with the child's name, date expressed, date of receipt, and shall be immediately refrigerated. Formula provided by the parent shall be labeled with the child's name, the date of receipt, and immediately refrigerated. Breast milk or formula shall not be stored for more than twenty-four hours. The unused portion of formula, breast milk, or food remaining in the container from which the infant has been directly fed shall not be reheated or served a second time and shall be discarded.

(3) Infant food and formula shall be prepared, stored, and served in a manner appropriate to the equipment use and the needs of each individual child according to the child's stage of development and in conformity with written instruction from the parent or physician in charge of the child.

(4) Breast milk or formula shall not be heated in a microwave oven.

(5) Food heated in a microwave oven shall be stirred or shaken during heating to avoid uneven heating.

(6) Infants shall be held or fed sitting up, and at no time should a bottle be propped.

(7) Programs that care for infants shall provide commercially prepared iron fortified formula to be used in the event that the parent does not provide a quantity of formula sufficient to meet the infant's daily requirement.

Last updated July 1, 2026 at 8:55 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-10 Child guidance.

(A) Who is responsible for child guidance in preschool programs?

A preschool staff member in charge of a child or a group of children shall be responsible for developmentally appropriate intervention and behavior management in accordance with the preschool program's child guidance policy.

(B) What are the procedures for child guidance in a licensed preschool program?

(1) The preschool program shall have a written child guidance policy that:

(a) Describes the preschool program's philosophy and restrictions as listed in paragraph (C) of this rule and the specific methods of child guidance used at the preschool program.

(b) Will be on file at the preschool program for review.

(c) Is constructive and developmentally appropriate for all children enrolled in the preschool program and includes such measures as redirection, separation from problem situations, talking with the child about the situation, and positive reinforcement for appropriate behavior.

(d) Will apply to all persons on the premises and is to comply with this rule, section 3319.46 of the Revised Code, and rule 3301-35-15 of the Administrative Code.

(2) The preschool is to give a copy of the program's written or electronic child guidance policy to:

(a) The parent of each child upon enrollment in the program; and

(b) All preschool staff members for review upon employment.

(C) What are the prohibited child guidance techniques?

In addition to the restrictions outlined in rule 3301-35-15 of the Administrative Code, the following apply:

(1) There will be no cruel, harsh, corporal punishment or any unusual punishments such as, but not limited to, punching, pinching, shaking, spanking, or biting.

(2) Discipline will not be delegated to any other child.

(3) No physical restraints shall be used to confine a child by any means other than a preschool staff member holding a child for a short period of time, so the child may regain control. Prone restraint of a child is prohibited. Prone restraint is defined as all items or measures used to limit or control the movement or normal functioning of any portion, or all, of a child's body while the child is in a face-down position.

(4) No child will be placed alone in a locked room or otherwise confined in an enclosed area.

(5) No child will be subjected to profane language, threats, derogatory remarks about the child or the child's family, or other verbal abuse.

(6) Discipline will not be imposed on a child for failure to eat, failure to sleep, or for toileting accidents.

(7) Techniques of child guidance will not humiliate, shame, or frighten a child.

(8) Discipline will not include withholding food, rest, or toilet use, and food shall not be used as a reward for behavior.

(9) Separation will be brief in duration and appropriate to the child's age and developmental ability and the child will be within sight and hearing of a preschool staff member in a safe, lighted, and well-ventilated space.

(10) Preschool staff members shall not abuse or neglect children and shall protect children from abuse and neglect while in attendance in the preschool program.

(D) What are the child abuse and/or neglect reporting requirements?

A staff member who has reasonable cause to suspect that a child has been abused or neglected is to immediately make a report in accordance with section 2151.421 of the Revised Code and then submit a serious incident report to the department of children and youth (DCY) through the Ohio statewide licensing system within twenty-four hours.

(E) What are the child behavior management plan requirements for preschool programs?

The preschool program is to communicate and consult with the child's parent prior to implementing a specific behavior management plan. This written plan will be consistent with this rule, any applicable individualized education program (IEP), individualized family service plan (IFSP) or 504 plan, for the child and signed by the child's parent.

(F) What are the suspension, expulsion, and removal requirements for preschool programs?

Child guidance policies and procedures shall ensure the safety, physical, and emotional well-being of all individuals on the premises. If suspension, expulsion, and removal policies exist, they are to be written in accordance with section 3313.66 of the Revised Code. When a child is expelled from the preschool program for a behavioral reason, the expulsion is to be reported to DCY in the Ohio statewide licensing system.

Last updated July 1, 2026 at 9:04 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-11 Management of communicable disease.

(A) What are the communicable disease monitoring requirements for preschool programs?

A person trained to recognize the common signs of communicable disease or other illness will observe each child daily as the child enters a group. A person trained to recognize the common signs of communicable disease means any person trained in prevention, recognition, and management of communicable diseases as required by paragraph (D) of rule 5180:2-20-07 of the Administrative Code.

(B) What precaution is the preschool program to take when a child is suspected of having a communicable disease?

When a child is suspected of having a communicable disease:

(1) The program will immediately notify the parent or guardian of the child's condition when a child has been observed with signs or symptoms of illness.

(2) A child with any of the following signs or symptoms of illness will be immediately isolated and discharged to his parent or guardian:

(a) Diarrhea (three or more abnormally loose stools within a twenty-four-hour period).

(b) Severe coughing, causing the child to become red or blue in the face or to make a whooping sound.

(c) Difficult or rapid breathing.

(d) Yellowish skin or eyes.

(e) Redness of the eye or eyelid, thick and purulent (pus) eye discharge, matted eyelashes, burning, itching or eye pain.

(f) Temperature of one hundred degrees Fahrenheit taken by the auxiliary method when in combination with other signs of illness.

(g) Untreated infected skin patch(es).

(h) Unusually dark urine and/or grey or white stool.

(i) Stiff neck with an elevated temperature.

(j) Evidence of untreated lice, scabies, or other parasitic infestation.

(k) Sore throat or difficulty swallowing.

(l) Vomiting more than one time or when accompanied by any other sign or symptom of illness.

(3) A child with any of the following signs or symptoms of illness will be immediately isolated from other children. Decisions regarding whether the child should be discharged immediately or at some other time during the day will be determined by the director and the parent or guardian. The child, while isolated at the program, will be carefully watched for symptoms listed in paragraph (B)(2) of this rule as well as the following:

(a) Unusual spots or rashes.

(b) Elevated temperature.

(4) Preschool programs will follow the posted DCY 08087 "Communicable Disease Chart" for appropriate management of suspected illnesses. The chart is to be posted in an area readily available to parents, preschool staff members, and employees and is to be displayed in the size available in the Ohio department of job and family services (ODJFS) forms central in order for individuals to easily read, identify, and respond to communicable diseases.

(5) A child isolated due to suspected communicable disease will be:

(a) Cared for in a room or portion of a room not being used in the preschool program.

(b) Within sight and hearing of an adult at all times. No child will ever be left alone or unsupervised.

(c) Made comfortable and provided with a cot/mat or crib for infants. All linens and blankets used by the ill child will be laundered before being used by another child. After use, the cots will be disinfected with an appropriate germicidal agent, or, if soiled with blood, feces, vomit, or other body fluids, the cots will be cleaned with soap and water and then disinfected with an appropriate germicidal agent.

(d) Observed carefully for worsening condition.

(e) Discharged to parent, guardian, or person designated by the parent or guardian as soon as practical.

(C) What are the written policy requirements for the management of communicable disease?

Each preschool program will have a written policy concerning the management of communicable disease. The policy will include, at a minimum:

(1) The preschool program's means of training all preschool staff members in signs and symptoms of illness and in handwashing and disinfection procedures.

(2) Procedures for isolating and discharging an ill child and policy for readmitting such child.

(3) Procedures for notifying the parent or guardian immediately when a child is exhibiting signs or symptoms of illness or has been exposed to a communicable disease.

(4) Procedures regarding the care of a mildly ill child. Mildly ill child means a child who is experiencing minor common cold symptoms, but who is not exhibiting any of the symptoms specified in paragraph (B) of this rule or a child who does not feel well enough to participate in activities, but who is not exhibiting any of the symptoms specified in paragraph (B) of this rule.

(5) Procedures for notifying all parents of enrolled children when children are exposed to a diagnosed communicable disease including, but not limited to, pink eye, ringworm, chicken pox, or lice.

Last updated July 1, 2026 at 8:55 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-20-12 Diapering.

(A) What are the diaper changing requirements for preschool programs?

The changing of diapers for all non-toilet-trained children shall be handled in conformity with the following methods:

(1) The changing of diapers for all non-toilet-trained children shall occur in a space that contains a handwashing sink. Handwashing sinks that are located elsewhere may be used if a program assures that children are safe and conditions are sanitary while toileting or being diapered.

(2) The program shall provide disposable gloves for diapering; however, the use of gloves or hand sanitizer does not preclude requirements for proper hand washing.

(3) If diapers are to be changed in a crib or at a central changing station, there shall be some separation material between the child and the changing surface. The material shall be discarded and replaced after each change. If the crib sheet becomes wet or soiled during the diaper change, it is to be replaced with a clean crib sheet.

(4) If the diaper-changing station is soiled after the diaper change, it shall be cleaned with soap and water and then disinfected with an appropriate germicidal agent. A child is not to be left unattended on the diaper changing station.

(5) Any product used during diaper changing on more than one child shall be used in such a way that the container does not touch the child. Any product obtained applied to a child shall be applied in such a manner so as not to contaminate the product or its container. Common containers shall be cleaned and disinfected with an appropriate germicidal agent when soiled.

(6) For the purpose of diapering, topical ointments and creams provided by parents shall include written instructions. Such instructions shall include the name of the ointment, cream, or lotion; name of the child; birth date of the child; date; and signature. Written instructions shall be valid for no longer than three months. Authorization for administration of the ointment, cream, or lotion may be canceled by written request of the parent at any time.

(B) How are clean diapers to be handled and stored?

Storing of clean diapers shall be handled in accordance with the following methods:

(1) A clean supply of diapers stored in a specifically designated area shall always be available.

(2) Diapers or clothing used during diaper changing and brought from the child's home shall be stored in space assigned exclusively for each child's belongings. Soiled clothing and/or diapers shall be sent home daily.

(C) How are soiled diapers or clothing to be handled and laundered?

Storage and laundering of soiled diapers or clothing shall be handled in accordance with the following methods:

(1) Diapers or clothing soiled with fecal matter and sent home with a child need not be rinsed at the program facility, but may be placed directly into a container that can be sanitized or bag, sealed tightly, stored away from the rest of the child's belongings and out of the reach of children.

(2) Soiled diapers to be disposed of or cleaned by the program shall be placed in a common plastic-lined covered container which shall be emptied, cleaned, and disinfected with an appropriate germicidal agent daily or more frequently as needed. Diapers to be laundered at the program facility should be stored in an appropriate germicidal solution until laundered.

(3) Soiled diapers to be commercially laundered shall be held for pickup for laundering for no longer than seven days.

(4) Diapers to be laundered at home or by the program shall be held for laundering for no longer than one day.

(5) Soiled disposable diapers shall be discarded daily.

Last updated July 1, 2026 at 8:55 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03

Chapter 5180:2-33 Administrative Requirements

Ohio Adm.Code 5180:2-33-02 PCSA requirement to participate in child protection oversight and evaluation.

(A) The public children services agency (PCSA) shall participate with the Ohio department of job and family services (ODJFS) staff in the child protection oversight and evaluation (CPOE) quality improvement review which may be conducted in two twenty-four month phases.

(B) The PCSA is to develop and sumbit for approval by ODJFS a plan for practice advancement (PPA) outlining the PCSAs strategies to improve casework practices and/or systemic issues. The PPA is required to be submitted to ODFJS within forty-five days of the first twenty-four month CPOE entrance conference.

(C) If the PCSA requests an extenstion to submit the PPA, all of the following is to occur:

(1) The written extension request is to be submitted to ODJFS prior to the expiration of the established timeframe outlined in paragraph (B) of this rule.

(2) The decision to grant the extension will be provided to the PCSA in writing within fifteen days of the receipt of the request.

(3) The length of the extension will be based on the rationale provided for the basis of the extension.

(D) Upon approval of the PPA, the PCSA is to implement the PPA in order to achieve the identified outcomes.

(E) The PCSA is to participate in monitoring the implementation of the PPA and achievement of the identified outcomes.

(F) With prior notice, the PCSA shall make available relevant documents not maintained in the statewide automated child welfare information system and personnel during the CPOE quality improvement review process.

(G) The CPOE review of the PCSA shall include the examination and analysis of the following in relation to the PCSA's delivery of child welfare services to children and families:

(1) Federal outcome indicators involving child safety, child permanency, and child and family well-being.

(2) Compliance with statutorily mandated PCSA responsibilities outlined in Revised Code and division 5101:2 rules of the Administrative Code.

(H) The CPOE review shall include discussion and inquiry as to the systemic factors that contribute to the PCSA's delivery of child welfare services including, but not limited to, the following:

(1) Local demographic data.

(2) Information regarding the PCSA's infrastructure including the table of organization.

(3) Staffing levels.

(4) Caseload sizes.

(5) PCSA budgetary data.

(6) The availability of supportive services in the community.

(7) Exemplary casework practices.

(I) Information sources that can be utilized during the evaluation, reconciliation of case data report measures, and the quality improvement review process include, but are not limited to, the following:

(1) Data reports generated from the ODJFS management information systems containing PCSA data including, but not limited to, the statewide automated child welfare information system, results oriented management and business intelligence channel.

(2) Findings obtained from client, stakeholder, provider, and PCSA staff interviews, as applicable.

(3) Information obtained from the review of the PCSA's case records whether hard copy file, electronic file, or a combination of both.

(4) Data obtained from the PCSA's data management systems, as applicable.

(5) Other information concerning the PCSA's service delivery system including, but not limited to, council on accreditation findings, strategic planning data, and county budgetary data.

(J) If the PCSA submits an addendum or appeal to the CPOE report at the end of either twenty-four month phase, the PCSA is to do so in accordance with paragraphs (K) and (L) of this rule.

(K) If the PCSA submits a written addendum to either clarify its position or address the conclusions regarding the evaluation and assessment of the PCSA's performance in the delivery of child welfare services within a CPOE report, without seeking to change the CPOE report or its findings, the PCSA is to do so within thirty days of the PCSA's receipt of the CPOE report. The CPOE report will be re-issued to include the addendum.

(L) If the PCSA submits a written appeal to dispute one or more of the CPOE report findings and requests a decision by ODJFS to change the CPOE report or its findings, the PCSA is to do so within thirty days of the PCSAs receipt of a CPOE report '. The review of the appeal will be completed by an ODJFS staff member not involved in conducting the CPOE review. The appeal decision by ODJFS shall be final. The CPOE report will be re-issued to include the appeal and ODJFS written appeal decision.

(M) The PPA is to remain in effect until the outcomes are achieved, discontinued, and/or a subsequent PPA is developed.

(N) An examination of the CPOE process will occur prior to each CPOE cycle with consideration of recommendations from CPOE stakeholders.

Last updated January 30, 2026 at 4:33 PM

History

• Effective: October 1, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-14 PCSA requirements for recording a child fatality or near fatality.

(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 5180:2-33-20 PCSA complaint review and report disposition appeal policy.

(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 5180:2-33-21 Confidentiality and dissemination of child welfare information.

(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.

(c) Institutions managed by the Ohio department of youth services.

(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.

(c) State identification card.

(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 5180:2-33-27 Title IV-E agency contract and contract monitoring for non-placement services.

(A) Each Title IV-E agency, as defined in rule 5101:2-1-01 of the Administrative Code, is to use the statewide "agreement for Title IV-E agencies for the provision of non-placement services," hereinafter referred to as the " non-placement agreement," in the statewide automated child welfare system (SACWIS) when:

(1) Contracting for aftercare support from a qualified residential treatment program (QRTP) is negotiated at a different rate than the medicaid rate for non-medicaid eligible children.

(2) Contracting for aftercare services by a QRTP.

(3) The IV-E agency chooses to use the "non-placement agreement" for any non-placement service contract.

(B) Each Title IV-E agency is to enter all information on the "non-placement agreement," including the "Title IV-E schedule B rate information (schedule B)" into SACWIS.

(C) Each Title IV-E agency is to print the completed "non-placement agreement" and the "schedule B" from SACWIS in order to obtain signatures for the contract between the Title IV-E agency and the provider.

(D) The negotiated and agreed upon rate for the QRTP aftercare support is to be specified for all non-placement services in SACWIS on the "schedule B" and is to be attached to the "agreement for Title IV-E agencies and providers for the provision of child placement." The rates listed on the "schedule B" are to be for all children or may be child specific.

(E) The negotiated and agreed upon rate for the non-placement service is to be specified for all non-placement services in SACWIS on the "schedule B" and is to be attached to the "non-placement agreement." The rates listed on the "schedule B" are to be for all children or may be child specific.

(F) Any changes to the "non-placement agreement," including the "schedule B" are to include an addendum to be entered into SACWIS. The addendum is to be signed by all parties and attached to the "non-placement agreement," or the"agreement for Title IV-E agencies and providers for the provision of placement."

(G) Invoicing procedures are to at a minimum correspond to the agreed upon rates as specified on the "schedule B" in SACWIS and on the "non-placement agreement," including all addendums. All invoices are to include but are not limited to the following:

(1) Provider's name, address, telephone number, fax number, federal tax identification number, Title IV-E provider number, if applicable.

(2) Billing date and the billing period.

(3) Name of child, child's date of birth, and the child's SACWIS person identification number.

(4) Discharge date for the begin date of the six months of aftercare support, if applicable .

(H) Each Title IV-E agency is to establish a written monitoring procedure to provide reasonable assurance that the terms and conditions of the contract are being followed. Monitoring procedures may include, but are not limited to the following:

(1) A review of the progress reports submitted by the provider to the agency to ensure the services being delivered are in accordance with the child's treatment/discharge plan.

(2) ) A comparison of invoices to the agreed upon rate amount in SACWIS to ensure billing accuracy.

Last updated January 30, 2026 at 4:33 PM

History

• Effective: October 28, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-28 Joint planning and sharing of information among the PCSA and CDJFS.

(A) Upon receipt of a request from the county department of job and family services (CDJFS), the public children services agency (PCSA) shall engage in joint planning and sharing of information with the CDJFS in order to:

(1) Assess, plan and provide coordinated services to children, families and adults receiving services from the PCSA and the CDJFS.

(2) Assist the CDJFS in establishing best interests statements for minor parents who apply for or participate in Ohio works first (OWF) pursuant to section 5107.24 of the Revised Code.

(3) Assist OWF families receiving services from the PCSA to implement provisions of their family assessment/appraisal and self-sufficiency contract.

(B) If the PCSA plans or shares information with the CDJFS in accordance with paragraph (A)(3) of this rule, the PCSA shall request a copy of the OWF self-sufficiency contract from the CDJFS. The PCSA shall indicate in the case record the date the request was made.

(C) The PCSA shall share information about PCSA services provided to children and families, including minor parents, who also receive assistance or services from the CDJFS. If sharing information with the CDJFS, the following information may be provided without consent of the family receiving services:

(1) Whether or not an assessment/investigation of child abuse or neglect has been initiated.

(2) Services provided as a result of a PCSA assessment/investigation of child abuse or neglect.

(3) General status of the health and safety of the child who is the subject of a report of child abuse or neglect.

(4) Whether or not a report of child abuse or neglect results in the filing of a complaint in juvenile court or criminal charges in another court.

(5) Whether or not an agreed upon or court ordered case plan is completed pursuant to section 2151.412 of the Revised Code. If a PCSA wants to include the "Comprehensive Assessment and Planning Model - I.S., Family Case Plan" as part of the OWF self-sufficiency contract, the PCSA shall follow procedures outlined in the OWF county plan of cooperation.

(D) If information is shared regarding assessments/investigations of child abuse and neglect reports, the PCSA shall:

(1) Not disclose the identity of the referent/reporter or any person providing information during the course of a child abuse or neglect assessment/investigation pursuant to rule 5101:2-33-21 of the Administrative Code.

(2) Inform the CDJFS in writing that all information regarding the child abuse or neglect assessment/investigation shall not be kept in the agency's case record but in a separate file the agency shall maintain.

(E) The PCSA shall notify the CDJFS if a child is removed from an OWF assistance group pursuant to rule 5101:2-39-01 of the Administrative Code and division (E)(1) of section 5107.10 of the Revised Code and procedures set forth in the OWF county plan of cooperation.

(F) If a PCSA identifies an OWF family in need of prevention, retention, and contingency (PRC) services; the PCSA shall follow procedures outlined in the OWF county plan of cooperation.

(G) Upon receipt of a request from the PCSA, the CDJFS shall assist the PCSA in obtaining case or assistance group information regarding a family's current participation in OWF or former participation in aid to families with dependent children (ADC) when the PCSA:

(1) Assesses Title IV-E eligibility for foster care maintenance or adoption assistance.

(2) Assesses/investigates a child abuse or neglect report.

Last updated September 23, 2026 at 12:55 PM

History

• Effective: August 1, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-29 Verification of United States citizenship and immigration status for all children in foster care.

(A) All Title IV-E agencies shall verify United States (U.S.) citizenship and immigration status for all children in foster care regardless of whether Title IV-E foster care maintenance (FCM) payments are made on their behalf.

(B) Documents that verify citizenship are:

(1) A U.S. birth certificate.

(2) A U.S. passport, unless it is authorized with a limitation; limited passports are issued through the department of homeland security (DHS).

(3) A certification of birth issued by the department of state (form DS-1350).

(4) A report of birth abroad of a U.S. citizen (form FS-240).

(5) A certificate of birth abroad (FS-545).

(6) A U.S. citizen identification card (I-197).

(7) A certificate of naturalization (N-550 or N-570).

(8) A certificate of U.S. citizenship (N-560 or N-561) for children who derived their citizenship through a parent.

(9) An extract from a hospital record on hospital letterhead established at the time of the individual's birth that was created at least five years before the initial date of custody, and indicates a U.S. place of birth. For a child under sixteen, the document must have been created near the time of birth.

(10) A life insurance, health insurance, or other insurance record showing a U.S. place of birth and created at least five years before the initial date of custody. For children under sixteen, the document must have been created near the time of birth.

(11) A statement provided from a U.S. consular officer certifying that the individual is a U.S. citizen.

(12) An American Indian card (I-872) issued by the department of homeland security (DHS) with the classification code "KIC" and a statement on the back identifying U.S. citizenship of members of the Texas band of Kickapoos living near the United States/Mexican border.

(13) A state match with the state data exchange (SDX) for supplemental security income (SSI).

(14) Birth information obtained by the Title IV-E agency through Ohio department of job and family services (ODJFS)-authorized data exchanges or data sharing agreements.

(15) A federal or state census record showing U.S. citizenship or a U.S. place of birth, including an individual's age.

(16) Native American tribal documents, including but not limited to:

(a) A Seneca Indian tribal census record.

(b) The bureau of Indian affairs tribal census records of the Navajo Indians.

(c) A certificate of Indian blood.

(d) U.S. American tribal documents.

(e) Other native American tribal documents.

(17) Affidavits may be used only in rare circumstances when the agency is unable to secure evidence of citizenship from another listing. Affidavits are signed under penalty of perjury, but need not be notarized. If the documentation requirement needs to be met through affidavits, the following rules apply:

(a) There shall be at least two affidavits by people who have personal knowledge of the event(s) establishing the individual's claim of citizenship. The two affidavits could be combined in a joint affidavit. At least one of the persons making the affidavit cannot be related to the individual and neither person can be the individual.

(b) Persons making the affidavit must be able to provide proof of their own citizenship. The persons making the affidavit shall have information which explains why documentary evidence establishing the individual's claim of citizenship does not exist or cannot be readily obtained.

(C) For all children who are determined non-citizens, the Title IV-E agency shall obtain verification of their immigration status.

(D) A qualified non-citizen status shall be verified by one of the following:

(1) A non-citizen who is lawfully admitted for permanent residence (I-551) or (I-94) under the Immigration and Nationality Act of 1952 (INA).

(2) A non-citizen who is granted asylum (I-94) under section 208 of the INA.

(3) A refugee (I-94 or I-571) who is admitted to the U.S. under section 207 of the INA.

(4) A non-citizen whose deportation is being withheld (I-688B or I-766) under section 243(h) or section 241 (b)(3) of the INA.

(5) A non-citizen who is granted conditional entry (I-94) pursuant to section 203(a)(7) of the INA.

(6) A Cuban or Haitian entrant (I-551).

(7) A non-citizen or the child or parent of a non-citizen who has been battered or subjected to extreme cruelty in the U.S.

(8) An Afghan or Iraqi non-citizen granted special immigrant visa status under Section 8120 of the December 19, 2009 Defense Appropriations Bill (Pub. L. No. 111-118) and section 101(a)(27) of the INA (as in effect October 1, 2019).

(E) If a mother is a naturalized U.S. citizen and the baby was not born in the U.S., the baby's citizenship status would depend on whether the baby was born before or after the mother became a U.S. citizen. In most cases, when the parent becomes a naturalized U.S. citizen and the baby is living with the parent in the U.S., the baby would also become a U.S. citizen.

(F) A child who is in the U.S. under a visitor or tourist's visa or under a student arrangement does not meet the non-citizen status.

(G) All U.S. citizenship and immigration status verification documentation shall be kept in the child's case record regardless of the child's status.

(H) For a child who enters foster care, the Title IV-E agency shall verify citizenship or immigration status within sixty days of entrance.

Last updated January 30, 2026 at 4:33 PM

History

• Effective: February 7, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-55 Training requirements for PCSA caseworkers.

(A) As used in this rule, "PCSA caseworker" is defined in section 5153.01 of the Revised Code.

(B) A public children services agency (PCSA) may only hire and continue employment of caseworkers meeting the criteria described in section 5153.112 of the Revised Code.

(C) PCSA caseworkers are to complete the Ohio child welfare training program's (OCWTP) caseworker core training in accordance with section 5153.122 of the Revised Code unless a waiver is approved in accordance with paragraph (D) of this rule.

(D) The PCSA director or designee may waive any caseworker core course requirements described in section 5153.122 of the Revised Code by documenting the rationale for waiving the course(s) in the statewide learning management system (LMS) within six months of the person becoming a PCSA caseworker.

(E) If the PCSA director or designee waives any applicable caseworker core course requirements pursuant to paragraph (D) of this rule, the PCSA is to:

(1) Provide the PCSA caseworker with information on current policy and procedure.

(2) Have the PCSA caseworker complete annual training and/or coaching pursuant to paragraph (F) of this rule.

(F) PCSA caseworkers are to complete annual training in accordance with section 5153.122 of the Revised Code. The training and/or coaching activities are to be approved by the PCSA caseworker's supervisor.

(G) PCSA caseworkers are to complete domestic violence training in accordance with section 5153.122 of the Revised Code. The training is to be listed within the statewide LMS.

(H) PCSA caseworkers are to complete an approved human trafficking training listed within the statewide LMS within two years of becoming a PCSA caseworker.

(I) An individual training needs assessment (ITNA) and an individual development plan (IDP) are to be completed for each caseworker in the statewide LMS in accordance with sections 5153.125 and 5153.127 of the Revised Code.

(J) The PCSA is to maintain all work-related education and training records for PCSA caseworkers in the statewide LMS and follow the instructions set forth by the OCWTP for submission.

View Appendix

Last updated January 30, 2026 at 4:33 PM

History

• Effective: December 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-56 Training requirements for PCSA caseworker supervisors.

(A) As used in this rule, "PCSA caseworker supervisor" is defined in section 5153.01 of the Revised Code.

(B) Public children services agency (PCSA) caseworker supervisors are to complete supervisory core training offered by the Ohio child welfare training program (OCWTP) in accordance with section 5153.123 of the Revised Code.

(C) PCSA caseworker supervisors are to complete annual training in accordance with section 5153.123 of the Revised Code. The training and/or coaching activities are to be approved by the PCSA director or designee.

(D) PCSA caseworker supervisors are to complete domestic violence training in accordance with section 5153.123 of the Revised Code. The training is to be listed within the statewide learning management system (LMS).

(E) PCSA caseworker supervisors are to complete an approved human trafficking training listed within the statewide LMS within two years of becoming a PCSA caseworker supervisor.

(F) An individual training needs assessment (ITNA) and an individual development plan (IDP) are to be completed for each PCSA caseworker supervisor in the statewide LMS in accordance with sections 5153.126 and 5153.127 of the Revised Code.

(G) The PCSA is to maintain all work-related education and training records for PCSA caseworker supervisors in the statewide LMS and follow instructions set forth by the OCWTP for submission.

View Appendix

Last updated January 30, 2026 at 4:33 PM

History

• Effective: December 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-33-80 Retained applicant fingerprint database information exchange (Rapback).

(A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) shall establish an e-mail account in order to receive electronic notifications regarding the retained applicant database information exchange.

(B) The agency shall submit the e-mail account information to ODJFS according to the following:

(1) Within ten days of receiving its license from ODJFS.

(2) Within twenty-four hours of changing the e-mail account information, if the information changes after submission to ODJFS.

(C) The PCSA, PCPA or a PNA shall enter the following information regarding any adult household member subject to a criminal records check into the statewide automated child welfare information system (SACWIS):

(1) Legal name.

(2) Date of birth.

(3) Authentication number from the Ohio bureau of criminal investigation (BCI).

(D) The information required in paragraph (C) of this rule shall be completed as follows:

(1) Upon the recommendation to certify or approve a foster or adoptive home.

(2) Within ten days after the receipt of a criminal records check from BCI involving a change in occupancy for a new household member.

(E) If the agency receives a notification that an individual in the home of a certified foster caregiver or in the home of a person approved for adoption has been fingerprinted in relation to a crime, the agency shall review the information using the web portal at: https://www.ohioattorneygeneral.gov.

(F) The agency shall review any additional information within one business day of receiving it from (BCI).

(G) If a home is certified as a foster home and approved for adoption by two different agencies, each agency shall perform the requirements of this rule.

(H) If the "Rapback" information indicates that a person in the household of a certified foster caregiver or in the home of a person approved for adoption has been arrested, convicted, or plead guilty to any offense, the agency shall take appropriate action within twenty-four hours of receiving the information. Appropriate action at a minimum shall include:

(1) Contact the local law enforcement agency that made the arrest.

(2) Notify, within twenty-four hours, any other agency that holds custody of a child in the home and inform the agency of the information received.

(3) Re-evaluate the household to ensure the home will not jeopardize in any way the health, safety or welfare of the children in the home.

(I) The agency shall complete the JFS 01301 "Retained Applicant Fingerprint Database Post-Notification Report" (12/2008) in SACWIS within ten business days after taking action as described in paragraph (H) of this rule.

(J) The agency shall document all "Rapback" information and results in SACWIS.

Last updated January 30, 2026 at 4:33 PM

History

• Effective: May 1, 2019
• Promulgated Under: 119.03

Chapter 5180:2-36 Screening and Investigation

Ohio Adm.Code 5180:2-36-01 Intake and screening procedures for child abuse, neglect, dependency, family in need of services, and post-emancipation reports; and information and/or referral intakes.

(A) A public children services agency (PCSA) is to attempt to obtain, at a minimum, the following information from a referent/reporter making a referral regarding child safety, risk of child maltreatment or need for services to determine an intake category and arrive at a screening decision. Receipt of all the following information is not required to screen in a report or to categorize the information as information and/or referral:

(1) The name(s) and address(es) of the child and the child's parent(s), guardian(s), or custodian(s) and all household members.

(2) The child's age.

(3) The child's and any other individual's race and ethnicity.

(4) The type, extent, frequency, duration, and incident date(s) of the abuse, neglect, or dependency, as applicable.

(5) Alleged perpetrator's access to the child, if applicable.

(6) The child's current condition.

(7) The child's current location.

(8) Circumstances regarding the abuse, neglect, or dependency or the circumstances indicating a need for PCSA services.

(9) Information regarding any evidence of previous injuries, abuse, or neglect.

(10) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or the known or suspected threat of injury, abuse, or neglect or the case circumstances that support the family is in need of PCSA services.

(B) The PCSA is not to delay making the screening decision if waiting for written information from the referent/reporter.

(C) All information reported to a PCSA alleging known or suspected child abuse, neglect, or dependency, or indicating a family is in need of PCSA services is to be recorded in Ohio's comprehensive child welfare information system (CCWIS) as an intake in accordance with the following:

(1) Referral information received is to be recorded in Ohio's CCWIS no later than the next working day from the date of the receipt of the referral information.

(2) The original date and time the referral information is received by the PCSA is to be reflected in Ohio's CCWIS including the actual date and time of the screening decision.

(D) The PCSA is to categorize the information received into one of the following intake categories:

(1) Child abuse and/or neglect report.

(a) Physical abuse, in accordance with section 2151.031 of the Revised Code.

(b) Sexual abuse, in accordance with section 2151.031 of the Revised Code and Chapter 2907. of the Revised Code.

(c) Emotional maltreatment/mental injury, in accordance with section 2151.011 or 2151.031 of the Revised Code.

(d) Neglect, in accordance with section 2151.03 of the Revised Code.

(2) Dependency report. Dependent child, as defined in section 2151.04 of the Revised Code.

(3) Family in need of services report according to rule 5101:2-36-10 of the Administrative Code.

(4) Post emancipation report, young adult services, for young adults who have emancipated from any PCSA, private child placing agency (PCPA), or children services agency (CSA) on or after attaining the age of eighteen, in accordance with rule 5101:2-42-19.2 of the Administrative Code.

(5) Information and/or referral, pursuant to rule 5101:2-1-01 of the Administrative Code, if paragraph (D)(1), (D)(2), (D)(3), or (D)(4) of this rule do not apply.

(E) When a PCSA receives a referral of a substance affected infant, the PCSA is to attempt to gather all information needed for a plan of safe care/ family care plan as defined in rule 5101:2-1-01 of the Administrative Code.

(F) The PCSA will not screen out any referral of a substance affected infant if:

(1) The plan of safe care/ family care plan information listed in paragraph (E) of this rule is not obtained.

(2) The plan of safe care/ family care plan has not been developed.

(3) The plan of safe care/family care plan is not adequate to address the safety of the infant.

(G) If the family has an active protective service alert (PSA) pursuant to rule 5101:2-36-14 of the Administrative Code and the current referral contains updated contact information that may allow the ability to locate the family, the PCSA is to screen in the current referral due to the PSA. The PCSA is to assess/investigate the concerns related to the PSA in addition to any concerns needing an assessment/investigation in the current referral. The PCSA is to cancel the PSA in accordance with rule 5101:2-36-14 of the Administrative Code upon locating the family.

(H) The PCSA is to complete the screening decision and determine the immediacy of need for any agency response to ensure child safety within twenty-four hours from receipt of the information and following the categorization of the referral information in accordance with paragraphs (D)(1), (D)(2), (D)(3), and (D)(4) of this rule.

(I) If the PCSA screens out a referral of abuse or neglect that occurred or is occurring in an out-of-home care setting pursuant to rule 5101:2-1-01 of the Administrative Code, the PCSA is to notify licensing and supervising authorities by the next working day of the screening decision pursuant to section 2151.421 of the Revised Code.

(J) The PCSA may refer families with screened out referrals to prevention service providers pursuant to sections 2151.421 and 2151.423 of the Revised Code.

(K) PCSAs are to assign reports screened in and categorized pursuant to paragraph (D)(1) of this rule to one of the following pathways:

(1) Traditional response, pursuant to Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative Code.

(2) Alternative response, pursuant to rules 5101:2-36-20 and 5101:2-38-20 of the Administrative Code.

(L) The PCSA is to assign the following types of reports of child abuse and/or neglect to the traditional response pathway:

(1) Physical abuse resulting in serious injury or that creates a serious and immediate risk to a child's health and safety.

(2) Reports containing allegations of the sexual abuse of a child.

(3) Reports requiring a specialized assessment as identified in rule 5101:2-36-04 of the Administrative Code.

(4) Reports requiring a third party investigative procedure as identified in rule 5101:2-36-08 of the Administrative Code.

(5) Reports containing allegations of known or suspected child abuse or neglect resulting in a child fatality or near fatality.

(M) All referral information categorized as information and/or referral pursuant to paragraph (D)(5) of this rule is to be screened out. The PCSA is to identify which of the following activities was completed by the PCSA.

(1) Directed/advised to contact non-PCSA service provider within the county.

(2) Directed/advised to contact non-PCSA service provider outside the county.

(3) Provided information only/no referral made.

(4) Additional information received on an open case that is not alleging abuse or neglect of a child.

(N) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(O) The PCSA is to make a cross-referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.

(P) The PCSA may refer the referent/reporter to the county prosecutor pursuant to the county child abuse and neglect memorandum of understanding developed pursuant to sections 2151.4220 to 2151.4234 of the Revised Code.

(Q) Additional child abuse and/or neglect allegations screened in within the first four working days of the acceptance of a child abuse and/or neglect report and prior to the completion of an assessment of safety with the child and the parent/caretaker, may be added to the initial report and assessed/investigated concurrently with the allegations received initially. The date and time the subsequent report was received along with the reporter information is to be recorded in Ohio's CCWIS.

(R) Additional child abuse and/or neglect allegations screened in after the first four working days of the acceptance of the previous child abuse and/or neglect report or after completion of the assessment of safety are to be recorded as a subsequent child abuse and/or neglect report and are subject to the requirements contained in rules 5101:2-36-03, 5101:2-36-04, 5101:2-36-05, and 5101:2-36-20 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 5180:2-36-02 PCSA requirements for determining lead agency for screening and assessments/investigations.

(A) The lead public children services agency (PCSA) or children services agency (CSA) is to be determined according to the following preferential order:

(1) The PCSA or CSA located in the county in which the alleged child victim/child subject of the report has a residence or legal settlement. A child has the same residence or legal settlement as their parent, legal guardian, or custodian who stands in loco parentis pursuant to section 2151.06 of the Revised Code.

(2) The PCSA or CSA located in the county in which the alleged child abuse, neglect, and/or dependency occurred.

(3) The PCSA or CSA located within the county in which a juvenile court has jurisdiction over an active participant of the case.

(4) The PCSA receiving the referral if the PCSA is unable to determine the lead PCSA or CSA within twenty-four hours from receipt of the information.

(B) If the PCSA determines that another PCSA or CSA should be the lead PCSA or CSA before making the screening decision, the PCSA is to make a referral to the other PCSA or CSA upon making that determination.

(C) If the assigned PCSA determines after the screening decision but before a case is filed in court that another PCSA or CSA is the lead PCSA or CSA, the assigned PCSA is to ensure safety of the alleged child victim(s)/child subject(s) of the report and notify the other PCSA or CSA of the screened in report and the assessment/investigation activities completed pursuant to paragraph (D) of this rule within one working day of determining the other PCSA or CSA is the lead PCSA or CSA. The PCSA is to confirm with the other PCSA acceptance or denial of the case within one working day.

(D) If requested by the lead PCSA either verbally or in writing, the non-lead PCSA located in a non-contiguous county is to conduct interviews with any principals of the report and collateral sources presently located within its county to provide the lead PCSA with the information necessary to complete all needed assessment/investigation activities pursuant to Chapters 5101:2-33, 5101:2-36, and 5101:2-37 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 5180:2-36-03 PCSA requirements for intra-familial child abuse and/or neglect assessment/investigations.

(A) A public children services agency (PCSA) is to conduct an intra-familial child abuse and/or neglect assessment/investigation in response to a child abuse and/or neglect report if one or more of the following applies:

(1) The alleged perpetrator is a member of the alleged child victim's family.

(2) The alleged perpetrator is known to the family or child and has had access to the alleged child victim, whether or not the access was known or authorized by the child's parent, guardian or custodian.

(3) The alleged perpetrator is involved in daily or regular care for the alleged child victim, excluding a person responsible for the care of a child in an out-of-home care setting.

(B) An intra-familial assessment/investigation is to involve a third party if a principal named in the report poses a conflict of interest for the PCSA pursuant to rule 5101:2-36-08 of the Administrative Code.

(C) The PCSA is to make a cross-referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.

(D) The PCSA may request the assistance of law enforcement during an assessment/investigation if one or more of the following situations exist and the reason for contacting law enforcement is documented in Ohio's comprehensive child welfare information system (CCWIS):

(1) The agency has reason to believe that the child is in immediate danger of serious harm.

(2) The agency has reason to believe that the worker is, or will be, in danger of harm.

(3) The agency has reason to believe that a crime is being committed, or has been committed against a child.

(4) The assistance of law enforcement needs to be invoked in accordance with the county child abuse and neglect memorandum of understanding.

(E) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(F) The PCSA is to initiate the screened in child abuse and/or neglect report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the alleged child victim within one hour from the time the referral was screened in, to assess child safety and interview the alleged child victim.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened in, to assess child safety:

(a) Attempt a face-to-face contact with the alleged child victim.

(b) Complete telephone contact with a parent, guardian, custodian, or collateral source who has knowledge of the alleged child victim's current condition, and can provide current information about the child's safety.

(G) If the alleged child victim is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (H) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the alleged child victim's safety.

(H) The PCSA is to, at minimum, complete face-to-face contacts and interview each alleged child victim and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:

(1) The PCSA is to attempt face-to-face contact with the alleged child victim and a parent, guardian, custodian, or caretaker within the first four working days from the date the referral was screened in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (H)(1) of this rule is unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date the referral was screened in.

(3) If the attempted face-to-face contacts described in paragraphs (H)(1) and (H)(2) of this rule are unsuccessful, the PCSA is to, at a minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

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

(c) The PCSA needs to make a report disposition pursuant to paragraph (V)(2) of this rule.

(I) The PCSA will not interview the alleged child victim or another child who resides in the home without a parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse or neglect in their home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(J) The specific facts necessitating that investigative interviews of a child be conducted without a parent, guardian, or custodian's consent are to be documented in Ohio's CCWIS.

(K) If a child is interviewed without a parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face contact or complete a telephone contact with the child's parent, guardian, or custodian to inform them that an interview of the child occurred and provide the specific facts that necessitated the child be interviewed without a parent, guardian, or custodian's consent.

(L) If the attempt to contact the child's parent, guardian, or custodian pursuant to paragraph (K) of this rule is unsuccessful, the PCSA is to continue to attempt to complete face-to-face contact with the child's parent, guardian or custodian once every five working days until contact is made with the child's parent, guardian, or custodian, or until the PCSA needs to make a report disposition pursuant to paragraph (V)(2) of this rule.

(M) The PCSA need not interview a child if it is documented in Ohio's CCWIS that the child does not have sufficient verbal skills or additional interviewing would be detrimental to the child.

(N) The PCSA is to advise the parent, guardian, or custodian of the information contained in the report at the time of the initial contact. The initial contact between the PCSA and the parent, guardian, or custodian includes face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment process.

(O) The PCSA is to advise the alleged perpetrator of the allegations made against them at the time of the initial contact with the person. 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.

(P) The PCSA is to conduct and document face-to-face interviews with the alleged perpetrator, unless law enforcement or the county prosecutor will interview the alleged perpetrator pursuant to the procedures delineated in the county child abuse and neglect memorandum of understanding.

(Q) 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.

(R) The PCSA is to take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of areas of physical injury on the child's body.

(2) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(3) Attempting to secure a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(4) Attempting to secure any relevant records, including but not limited to school, mental health, and medical records.

(S) For all reports involving a substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code the PCSA is to:

(1) Ensure the plan of safe care/family care plan has been developed.

(2) Ensure the plan of safe care/family care plan addresses the safety needs of the infant.

(3) Ensure the plan of safe care/family care plan addresses the health and substance use disorder treatment needs of the affected family or caregiver.

(T) At any time the PCSA determines a 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.

(U) If the PCSA determines supportive services are necessary, the supportive services are to be made available to the child and/or the child's parent, guardian, or custodian pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(V) 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 child victim/child subject of report residing in the home. Family includes all individuals identified in 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 child abuse and/or neglect report involves a principal of the report who is currently receiving ongoing protective services from the PCSA.

(W) The PCSA will not waive the completion of the report disposition.

(X) The PCSA is to request assistance from the county prosecutor, the PCSA's legal counsel, and/or the court if refused access to the alleged child victim or any records necessary to conduct the assessment/investigation.

(Y) 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, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(Z) No later than five business days after completion of the assessment/investigation, the PCSA will do the following as applicable:

(1) Notify the alleged child victim, unless the child is not of an age or developmental capacity to understand; and the child's parent(s), guardian(s), or custodian(s) of the report disposition and final case decision.

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

(3) Refer all children under the age of three to "Help Me Grow" for early intervention services if there is a substantiated report of child abuse or neglect regardless of the child's role in the report.

(4) Refer any substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code to "Help Me Grow."

(5) Notify all participants involved in the plan of safe care/family care plan identified on the current release of information signed by the infant's parent, guardian, or custodian of the final case decision. The final decision includes whether the case will be transferred for ongoing PCSA services, closed and referral made to community services, or closed. The following plan of safe care/family care plan participants are to be notified:

(a) Parents, guardians, custodians or other caregivers for the infant.

(b) Health care providers involved in the delivery or care of the infant.

(c) Collaborating professional partners and agencies involved in caring for the infant and family.

(6) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, the report disposition, and the case decision.

(7) Document in Ohio's CCWIS, the date and method of notification to the principals of the report of the above listed activities.

(AA) No later than seven calendar days from the date of the completion of the report disposition, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(BB) The PCSA is to follow procedures set forth in rule 5101:2-36-07 of the Administrative Code if the report involves alleged withholding of medically indicated treatment from a disabled infant with life-threatening conditions.

(CC) 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 5180:2-36-04 PCSA requirements for conducting a specialized assessment/investigation.

(A) The public children services agency (PCSA) is to conduct a specialized assessment/investigation if the child abuse and/or neglect report involves an alleged perpetrator who meets one or more of the following criteria:

(1) Is a person responsible for the alleged child victim's care in an out-of-home care setting as defined in rule 5101:2-1-01 of the Administrative Code.

(2) Is a person responsible for the alleged child victim's care in out-of-home care as defined in section 2151.011 of the Revised Code.

(3) Has access to the alleged child victim by virtue of their employment by or affiliation to an organization as defined in section 2151.011 of the Revised Code.

(4) Has access to the alleged child victim through placement in an out of home care setting.

(B) A specialized assessment/investigation is to have a third party if a principal named in the report poses a conflict of interest for the PCSA pursuant to rule 5101:2-36-08 of the Administrative Code.

(C) The PCSA is to cross-refer the abuse and/or neglect report to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.

(D) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(E) If a specialized assessment/investigation of an abuse and/or neglect report involves multiple alleged child victims from multiple cases, the PCSA is to complete a separate assessment/investigation for each case. The "Specialized Assessment and Investigation" is to be completed for each case.

(F) The PCSA is to initiate the screened in child abuse and/or neglect report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the alleged child victim within one hour from the time the referral was screened in, to assess child safety and interview the alleged child victim.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened in, to assess child safety:

(a) Attempt a face-to-face contact with the alleged child victim.

(b) Complete telephone contact with a parent, guardian, custodian, or collateral source who has knowledge of the alleged child victim's current condition, and can provide current information about the child's safety.

(G) If the alleged child victim is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (H) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the alleged child victim's current condition and can provide current information about the alleged child victim's safety.

(H) The PCSA is to, at minimum, complete face-to-face contacts and interview each alleged child victim and at least one parent, guardian, custodian, or caretaker to assess child safety. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:

(1) The PCSA is to attempt face-to-face contact with the alleged child victim and a parent, guardian, custodian, or other caretaker within the first four working days from the date the referral was screened-in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (H)(1) of this rule was unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date the referral was screened-in.

(3) If the attempted face-to-face contacts described in paragraphs (H)(1) and (H)(2) of this rule are unsuccessful, the PCSA is to, at minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

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

(c) The PCSA needs to make a report disposition pursuant to paragraph (X)(1) of this rule.

(I) If a child abuse and/or neglect report involves an alleged child victim, or another child who resides with the alleged child victim, who is not in the custody of a PCSA or PCPA, the PCSA will not interview the child without the child's parent, guardian, or custodian's consent unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse or neglect in their home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(J) The specific facts necessitating that assessment/investigative interviews of a child be conducted without the child's parent, guardian, or custodian's consent are to be documented in Ohio's comprehensive child welfare information system (CCWIS).

(K) If a child who is not in the custody of a PCSA or PCPA is interviewed without a parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face or complete a telephone contact with the child's parent, guardian, or custodian to inform them that an interview of their child occurred and provide the specific facts that necessitated the child be interviewed without a parent, guardian, or custodian's consent.

(1) If the attempt to contact the child's parent, guardian, or custodian pursuant to this paragraph is unsuccessful, the PCSA is to continue to attempt to contact the child's parent, guardian or custodian once every five working days until contact is made with the child's parent, guardian, or custodian, or until the PCSA makes a report disposition pursuant to paragraph (X)(1) of this rule.

(2) The PCSA is to document in Ohio's CCWIS the date and time of the contact, or attempted contacts.

(L) No later than the next working day from the date the referral was screened in, the PCSA is to notify the out-of-home care setting licensing and supervising authorities pursuant to section 2151.421 of the Revised Code.

(M) The PCSA is to advise the parent, guardian, or custodian of the information contained in the report at the time of the initial contact. The initial contact between the PCSA and the parent, guardian, or custodian includes face-to-face or telephone contact whichever occurs first, if information is gathered as part of the assessment process.

(N) The PCSA is to conduct and document all face-to-face interviews with the alleged perpetrator, unless law enforcement or the county prosecutor 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.

(O) The PCSA is to advise the alleged perpetrator of the allegations made against them at the time of the initial contact with the person. 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.

(P) 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.

(Q) The PCSA is to take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of areas of physical injury on the child's body.

(2) Taking photographs of the child's environment with the consent of the out-of-home setting administrator.

(3) Attempting to secure a medical examination or psychological evaluation, or both, of the child with the consent of the child's parent, guardian, or custodian or with a court order.

(4) Attempting to secure any relevant records, including but not limited to school, mental health, and medical records, and incident reports in an out-of-home care setting.

(R) The PCSA need not interview a child if it is documented in Ohio's CCWIS that the child does not have sufficient verbal skills, or additional interviewing would be detrimental to the child.

(S) At any time the PCSA determines a child is in immediate danger of serious harm, the PCSA is to follow procedures outlined in rule 5101:2-37-02 or 5101:2-39-03 of the Administrative Code.

(T) If the PCSA determines supportive services are necessary, the supportive services are to be made available to the child and/or the child's parent, guardian, or custodian pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(U) The PCSA is to request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the alleged child victim or any records necessary to conduct the specialized assessment/investigation.

(V) 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, including but not limited to a principal of the report who is deaf or hearing impaired, has limited English proficiency or is developmentally delayed.

(W) For all reports involving a substance affected infant pursuant to rule 5101:2-1-01 of the Administrative Code, the PCSA is to:

(1) Ensure the plan of safe care/family care plan has been developed.

(2) Ensure the plan of safe care/family care plan addresses the safety needs of the infant.

(3) Ensure the plan of safe care/family care plan addresses the health and substance use disorder treatment needs of the affected family or caregiver.

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

(1) Complete the report disposition.

(2) Arrive at a final case decision by completing the "Specialized Assessment and Investigation."

(Y) Investigative activities conducted independently by other agencies do not relieve the PCSA of its responsibility for concluding an assessment/investigation in accordance with this rule. The PCSA will not waive the completion of the report disposition.

(Z) No later than three days from the date of the completion of the report disposition, the PCSA is to notify the out-of-home care entity's representative pursuant to section 2151.421 of the Revised Code and the out-of-home care entity's licensing authority.

(AA) No later than five business days after completion of the specialized assessment/investigation, the PCSA is to do all of the following as applicable:

(1) Notify the alleged child victim, unless the child is not of an age or developmental capacity to understand, and the child's parent(s), guardian(s), or custodian(s) of the report disposition and the final case decision.

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

(3) Refer all children under the age of three to "Help Me Grow" for early intervention services if there is a substantiated report of child abuse or neglect regardless of the child's role in the report.

(4) Refer any substance affected infant pursuant to rule 5101:2-1-01 of the Administrative Code to "Help Me Grow."

(5) Notify all participants involved in the plan of safe care/family care plan and identified on the current release of information signed by the infant's parent, guardian, or custodian of the final case decision. The final decision includes whether the case will be transferred for ongoing PCSA services, closed and referral made to community services, or closed. The following plan of safe care/family care plan participants are to be notified:

(a) Parents, guardians, custodians or other caregivers for the infant.

(b) Health care providers involved in the delivery or care of the infant.

(c) Collaborating professional partners and agencies involved in caring for the infant and family.

(6) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, the report disposition, and the case decision.

(7) Document in Ohio's CCWIS, the date and method of notification to the principals of the report of the above listed activities.

(BB) No later than seven calendar days after the completion of the specialized assessment/investigation the PCSA is to provide written notice to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(CC) 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 needed 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: December 16, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-36-05 PCSA requirements for conducting stranger danger investigations.

(A) A public children services agency (PCSA) is to conduct a stranger danger investigation in response to a child abuse report alleging a criminal act against a child of assault or sexual activity as defined under Chapter 2907 of the Revised Code, if the alleged perpetrator was unknown to the alleged child victim and the alleged child victim's family prior to the incident(s).

(B) The PCSA is to refer the report to the appropriate law enforcement authority pursuant to rule 5101:2-36-12 of the Administrative Code within twenty-four hours of the time the report was screened in, unless the report was received from the law enforcement agency with jurisdiction.

(C) The PCSA is to initiate the stranger danger report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the alleged child victim within one hour from the time the referral was screened in, to assess child safety and interview the alleged child victim.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened-in to assess child safety:

(a) Attempt a face-to-face contact with the alleged child victim.

(b) Complete telephone contact with a parent, guardian, custodian, or collateral source who has knowledge of the alleged child victim's current condition, and can provide current information about the child's safety.

(D) If the alleged child victim is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (E) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the alleged child victim's safety.

(E) The PCSA is to, at minimum, complete face to face contacts and interview each alleged child victim and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:

(1) The PCSA is to attempt face-to-face contact with the alleged child victim and a parent, guardian, custodian, or caretaker within the first four working days from the date the referral was screened in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this rule is unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date the referral was screened in.

(3) If the attempted face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule are unsuccessful, the PCSA is to, at minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

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

(c) The PCSA needs to make a report disposition pursuant to paragraph (Q) of this rule.

(F) The PCSA will not interview the alleged child victim or another child who resides in the home without a parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse in their home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(G) The specific facts necessitating that investigative interviews of a child be conducted without a parent, guardian, or custodian's consent are to be documented in Ohio's CCWIS.

(H) If a child is interviewed without a parent, guardian, or custodian's consent, then during the same day, the PCSA is to attempt a face-to-face contact or complete telephone contact with the child's parent, guardian, or custodian to inform them that an interview of their child occurred and provide the specific facts that necessitated the child be interviewed without a parent, guardian, or custodian's consent. If unsuccessful, an attempt to complete face-to-face contact is to occur once every five working days until contact is made with the child's parent, guardian, or custodian or until the PCSA needs to make a report disposition pursuant to paragraph (Q) of this rule.

(I) 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 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.

(J) 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 including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(K) The PCSA is to take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of areas of physical injury on the child's body.

(2) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(3) Attempting to secure a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(4) Attempting to secure any relevant records, including but not limited to school, mental health, and medical records.

(L) If the PCSA determines a 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.

(M) If the PCSA determines supportive services are necessary, supportive services are to be made available to the child, and/or their parent, guardian, or custodian pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code:

(N) The PCSA is to advise the alleged perpetrator of the allegations made against them at the time of the initial contact with the person. 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 investigation process.

(O) Prior to completion of the report disposition, the PCSA is to contact law enforcement and document information regarding the status of the criminal investigation in Ohio's CCWIS. The PCSA is to notify the prosecuting attorney if there is reason to believe the alleged perpetrator has not been investigated by law enforcement.

(P) The PCSA is to request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the alleged child victim or any records necessary to conduct the investigation.

(Q) No later than sixty calendar days from the date the PCSA screened in the referral, the PCSA is to complete the report disposition.

(R) The PCSA will not waive the completion of the report disposition.

(S) A "Family Assessment" is to be completed pursuant to rule 5101:2-37-03 of the Administrative Code at any time the PCSA determines that the family of the alleged child victim is unable or unwilling to protect the child.

(T) No later than five business days after completion of the assessment/investigation, the PCSA is to:

(1) Notify the alleged child victim, unless the child is not of an age or developmental capacity to understand; and the child's parent(s), guardian(s), or custodian(s) of the report disposition and if applicable, the final case decision.

(2) Notify the alleged perpetrator, if known, in writing of the report disposition; the right to appeal, 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.

(3) Refer all children under the age of three to "Help Me Grow" for early intervention services if there is a substantiated case of child abuse or neglect regardless of the child's role in the report.

(4) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, the report disposition, and case decision.

(5) Document in Ohio's CCWIS, the date and method of notification to the principals of the report of the above listed activities.

(U) The investigation documentation and any materials obtained as a result of the 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 PCSA requirements for a deserted child/safe haven assessment/investigation.

(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.

(C) The PCSA is to contact the individual who originally took possession of the child and obtain:

(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 5180:2-36-07 PCSA requirement for conducting an assessment/investigation of the alleged withholding of medically indicated treatment from a disabled infant with life-threatening conditions.

(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.

(C) The PCSA is to document in the case record the date, time, and with whom the assessment/investigation was initiated.

(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 5180:2-36-08 PCSA requirements for involving a third party in the assessment/investigation of a child abuse or neglect report.

(A) The public children services agency (PCSA) is to involve a third party in the assessment/investigation for reports of child abuse or neglect where there is a potential conflict of interest because one or more of the following is a principal of the report:

(1) Any employee of an organization or facility that is licensed or certified by the Ohio department of children and youth (DCY) or another state agency and supervised by the PCSA.

(2) A foster caregiver, pre-finalized adoptive parent, adoptive parent, relative, or kinship caregiver who is recommended, approved, or supervised by the PCSA.

(3) A type B family child care home or type A family child care home licensed by DCY when the county department of job and family services (CDJFS) has assumed the powers and duties of the county children services function defined in Chapter 5153. of the Revised Code.

(4) Any employee, or agent of DCY or the PCSA as defined in Chapter 5153. of the Revised Code.

(5) Any authorized person representing DCY or the PCSA who provides services for payment or as a volunteer.

(6) A foster caregiver or an employee of an organization or facility licensed or certified by DCY and the alleged child victim is in the custody of, or receiving services from, the PCSA that accepted the report.

(7) Any time a PCSA determines that a conflict of interest exists. The PCSA is to document in the case record if a conflict of interest is identified.

(B) The involvement of a third party does not relieve the lead PCSA, as defined in rule 5101: 2-1-01 of the Administrative Code of its responsibility to ensure assessment/investigation activities are completed.

(C) Within twenty-four hours of the identification of a conflict of interest, the PCSA is to request and document in Ohio's comprehensive child welfare information system (CCWIS) the assistance of a third party.

(D) The PCSA is to make a cross-referral to law enforcement agency pursuant to rule 5101: 2-36-12 of the Administrative Code and request the assistance of law enforcement as the third party if the child abuse or neglect report alleges a criminal offense.

(E) The PCSA may request the assistance of another PCSA as the third party if the child abuse or neglect report does not allege a criminal offense and both agencies agree to participate in the assessment/investigation including the delegation of investigatory responsibilities.

(F) Upon acceptance of the request from the lead PCSA, the non-lead PCSA as defined in rule 5101:2-1-01 of the Administrative Code, is to complete the assessment/investigation within the time frames established pursuant to rule 5101: 2-36-03 or 5101:2-36-04 of the Administrative Code.

(G) In lieu of law enforcement or another PCSA, the PCSA may operate an in-house unit to assess/investigate reports of child abuse and neglect requiring a third party if all of the following apply:

(1) An agency employee is not named as a principal in the report.

(2) The report does not allege a criminal offense.

(3) The PCSA maintains written internal policies and procedures for the review and approval of assessments/investigations conducted by the in-house unit.

(4) The in-house unit works independently of all other units within the PCSA.

(H) When law enforcement or another PCSA declines to assist the PCSA, the PCSA is responsible for conducting the assessment/investigation within the time frames established pursuant to rule 5101: 2-36-03 or 5101: 2-36-04 of the Administrative Code. The PCSA is responsible for having procedures in place to address the conflict of interest when completing the assessment/investigation.

(I) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation including the third- party assessment/investigation report from law enforcement or the non-lead PCSA is 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 5180:2-36-09 PCSA requirements for dependent child assessments.

(A) A public children services agency (PCSA) is to conduct a dependency assessment in response to a report alleging that a child is dependent pursuant to section 2151.04 of the Revised Code absent allegations of abuse or neglect.

(B) The PCSA may request the assistance of law enforcement during an assessment if the following situations exist and the reason for contacting law enforcement is documented in Ohio's comprehensive child welfare information system (CCWIS):

(1) The agency has reason to believe that the child is in immediate danger of serious harm.

(2) The agency has reason to believe that the worker is, or will be, in danger of harm.

(3) The agency has reason to believe that a crime is being committed, or has been committed against a child.

(4) The assistance of law enforcement needs to be invoked in accordance with the county child abuse and neglect memorandum of understanding.

(C) The PCSA is to initiate the screened in dependency report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the child subject of the report within one hour from the time the referral was screened in, to assess child safety and interview the child subject of the report.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened in, to assess child safety:

(a) Attempt a face-to-face contact with the child subject of the report.

(b) Complete a telephone contact with a parent, guardian, custodian, or collateral source who has knowledge of the child subject of the report's current condition, and can provide current information about the child's safety.

(D) If the child subject of the report is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (E) of this rule can be made virtually by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the child subject of the report's current condition and can provide current information about the child subject of the report's safety.

(E) The PCSA is to, at minimum, complete face-to-face contacts and interview each child subject of the report and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed.

(1) The PCSA is to attempt face-to-face contact with the child subject of the report and a parent, guardian, custodian, or caretaker within the first four working days from the date the referral was screened in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this rule is unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date that the referral was screened in.

(3) If the attempted face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule are unsuccessful, the PCSA is to, at a minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

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

(c) The PCSA needs to complete a final case decision pursuant to paragraph (O)(2) of this rule.

(F) The PCSA will not interview the child subject of the report or another child who resides in the home without the child's parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged dependency in their home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(G) If a child is interviewed without the child's parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face contact or complete a telephone contact with the child's parent, guardian, or custodian to inform them that an interview of their child occurred. If unsuccessful, an attempt to complete face-to-face contact is to occur once every five working days until contact is made with the child's parent, guardian, or custodian or the time frame for completion of the assessment expires.

(H) The specific facts necessitating the assessment interviews of a child be conducted without the child's parent, guardian, or custodian's consent is to be documented in Ohio's CCWIS.

(I) The PCSA need not interview a child if it is documented in Ohio's CCWIS that the child does not have sufficient verbal skills, or additional interviewing would be detrimental to the child.

(J) At the time of the initial contact with the parent, guardian, or custodian, the PCSA is to advise the parent, guardian, or custodian of the specific concerns. The initial contact between the caseworker assessing a dependent child report and the parent, guardian, or custodian includes, whichever occurs first, face-to-face or telephone contact with the person if information is gathered as part of the assessment process.

(K) The PCSA is to conduct and document face-to-face interviews or telephone interviews with anyone identified as possible sources of information during the assessment to obtain relevant information regarding the safety 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.

(L) The PCSA is to take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(2) Attempting to secure a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(3) Attempting to secure any relevant records, including but not limited to school, mental health, and medical records.

(M) At any time the PCSA determines a 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.

(N) If the PCSA determines supportive services are necessary, the supportive services are to be made available to the child and/or the child's parent, guardian, or custodian pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(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 child subject of the report residing in the home. Family includes all individuals described in rule 5101:2-37-03 of the Administrative Code.

(2) 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 dependency report involves a principal of the report who is currently receiving ongoing protective services from the PCSA.

(P) The PCSA will not waive the completion of the final case decision.

(Q) The PCSA will request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the child or any records needed to conduct the assessment.

(R) The PCSA is to have an interpreter present for all interviews if the PCSA has determined that a member of the case has any factor that causes a barrier to communication, including but not limited to a principal of the report who is deaf or hearing impaired, has limited English proficiency or is developmentally delayed.

(S) No later than five business days after completion of the assessment, the PCSA is to do all of the following:

(1) Notify the child subject of the report, unless the child is not of an age or developmental capacity to understand; and the child's parent(s), guardian(s), or custodian(s) of the final case decision.

(2) Notify the caretaker in writing of the final case decision.

(3) Refer any child zero to three years of age to "Help Me Grow" if a developmental delay is suspected.

(4) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report and the final case decision.

(5) Document in Ohio's CCWIS, the date and method of notification to the principals of the report of the above listed activities completed.

(T) The assessment documentation and any materials obtained as a result of the assessment are to be maintained in the case record. If any information gathering activity cannot be completed, justification and 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 5180:2-36-10 PCSA requirements for responding to family in need of services reports.

(A) The public children services agency (PCSA) is to follow the procedures and provide the services identified for each family in need of services subcategory as follows:

(1) Adoption subsidy only, pursuant to Chapters 5101:2-44 and 5101:2-49 of the Administrative Code.

(2) Alternative response required non-lead PCSA contacts pursuant to rule 5101:2-36-02 of the Administratve Code.

(3) Child fatality, non-child abuse/neglect, pursuant to rule 5101:2-42-89 of the Administrative Code.

(4) Courtesy supervision, to support the provision of services and activities described in sections 3113.31, 2151.151, 2151.353, 5103.20 and 2151.56 of the Revised Code.

(5) Deserted child/safe haven, as specified in rules 5101:2-36-06 and 5101:2-42-04 of the Administrative Code.

(6) Home evaluation/visitation assessment, as described in rule 5101:2-42-18 of the Administrative Code or as defined in rule 5101:2-1-01 of the Administrative Code.

(7) Interstate compact on adoption and medical assistance (ICAMA), pursuant to rules 5101:2-49-19 and 5101:2-44-05.2 of the Administrative Code.

(8) Interstate compact for the placement of children (ICPC), pursuant to rule 5101:2-52-04 of the Administrative Code.

(9) Permanent surrender, pursuant to rule 5101:2-42-09 of the Administrative Code.

(10) Post finalization adoption services, as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA is to provide or arrange services to support, maintain, and assist an adopted child, adoptive family, or birth parent anytime after finalization of an adoption.

(11) Postnatal placement services to infant of incarcerated mother, pursuant to rule 5101:2-42-60 of the Administrative Code.

(12) Preventive services, as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA is to provide services aimed at preventing child abuse and neglect which have been requested by the parent, guardian, or custodian for the family if there are no current allegations of child abuse, neglect, or dependency.

(13) Required non-lead PCSA interview, pursuant to rule 5101:2-36-02 of the Administrative Code.

(14) Stranger danger investigation, pursuant to rule 5101:2-36-05 of the Administrative Code.

(15) Unruly/delinquent, as defined in sections 2151.011 and 2151.022 of the Revised Code or defined in rule 5101:2-1-01 of the Administrative Code. The PCSA is to complete an assessment to identify the need for services designed to promote child safety, permanency, and well-being for a child determined to be unruly or delinquent.

(B) Except as provided in paragraph (C) of this rule, completion of the "Family Assessment" is to be completed for all family in need of services reports transferred for ongoing or prevention services prior to the completion of the "Family Case Plan" pursuant to rule 5101:2-38-01, 5101:2-38-05 or 5101:2-38-20 or the completion of the "Prevention Services Plan" pursuant to rule 5101:2-40-05 of the Administrative Code.

(C) The following family in need of services report subcategories do not need the completion of a " Family Assessment" prior to the completion of the "Family Case Plan":

(1) Deserted child/safe haven.

(2) Permanent surrender.

(3) ICPC.

(4) ICAMA.

Last updated January 30, 2026 at 4:11 PM

History

• Effective: September 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-36-11 Extending time frames or waiving completion of assessment/investigation activities.

(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 5180:2-36-12 PCSA requirements for child abuse and/or neglect cross-referrals.

(A) The provisions of rule 5101:2-33-21 of the Administrative Code regarding confidentiality apply to all cross-referrals of child abuse and/or neglect specified by this rule.

(B) Upon receipt of a referral, the public children services agency (PCSA) is to notify licensing and supervising authorities when abuse or neglect allegedly occurs in an out-of-home care setting pursuant to section 2151.421 of the Revised Code.

(C) At minimum, the PCSA is to make a cross referral to law enforcement:

(1) Within seven calendar days of screening in a report alleging abuse in which law enforcement is not the referent.

(2) Within seven calendar days of screening in a report alleging neglect in which law enforcement is not the referent if the PCSA implements a legally authorized out-of-home placement due to neglect.

(D) The PCSA is to cross refer reports of child abuse and/or neglect in accordance with the PCSA's county child abuse and neglect memorandum of understanding pursuant to rule 5101:2-33-26 of the Administrative Code, and if applicable, the interagency agreement with a child advocacy center pursuant to section 2151.428 of the Revised Code.

(E) As applicable, the PCSA is to promptly disseminate all information determined to be relevant to any federal, state, or local governmental entity, any agency providing prevention services to the child, or any agent of such entity, in accordance with section 2151.423 of the Revised Code.

Last updated January 30, 2026 at 4:11 PM

History

• Effective: September 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-36-14 Protective service alert.

(A) A public children services agency (PCSA) will issue a protective service alert (PSA) when the whereabouts of a child and their parent, guardian, or custodian are unknown and:

(1) The PCSA receives an abuse or neglect report and has reason to believe the child is in immediate danger of serious harm; or

(2) The PCSA determines that protective services are needed and has reason to believe the child remains at risk of abuse or neglect.

(B) The PCSA is to issue a PSA in Ohio's comprehensive child welfare information system (CCWIS) and specify whether the PSA is to be processed as an in-state or out-of-state alert.

(C) The PCSA is to attempt to assess/investigate the concerns related to an active PSA upon receipt of updated contact information that may allow the ability to locate the family.

(D) Upon receipt of the notification that a person has been located, the PCSA who has located a person is to cancel the PSA in Ohio's CCWIS.

Last updated January 30, 2026 at 4:11 PM

History

• Effective: September 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-36-20 Public children services agencies assessment requirements for child abuse and neglect reports in alternative response.

(A) The public children services agency (PCSA) is to make a cross referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.

(B) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referrants who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(C) The PCSA is to initiate the screened in child abuse and neglect report assigned to the alternative response pathway in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the child subject of the report within one hour from the time the referral was screened in to assess child safety and interview the child subject of the report.

(2) For all other reports, complete one of the following within twenty-four hours from the time the referral was screened in, to assess child safety:

(a) Attempt a face-to-face contact with the parent, guardian, or custodian, child subject of the report, or collateral source.

(b) Attempt a telephone contact with the parent, guardian, or custodian, or collateral source.

(c) Send a letter to the parent, guardian, or custodian acknowledging a report was received and inviting the family to engage with the PCSA.

(D) If the child subject of the report is an infant or nonverbal child, who is currently in a hospital setting and is not scheduled for discharge within seventy-two hours from the time the referral is screened in, contact as described in paragraph (E) of this rule can be made virtually or by phone prior to discharge with the direct medical staff who is providing care for the infant or child and is able to provide information regarding the child subject of the report's current condition and can provide current information about the child subject of the report's safety.

(E) The PCSA is to, at minimum, complete face-to-face contacts and interview each child subject of the report and at least one parent, guardian, custodian, or caretaker to assess child safety and complete the "Safety Assessment" pursuant to rule 5101:2-37-01 of the Administrative Code. Attempts to conduct these face-to-face interviews are to be completed as follows, until the needed face-to-face contacts and interviews are completed:

(1) The PCSA is to attempt face-to-face contact with the child subject of the report and a parent, guardian, custodian, or caretaker within the first four working days from the date the referral was screened in.

(2) If the PCSA's attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this rule is unsuccessful, the PCSA is to attempt at least one additional face-to-face contact within the first four working days from the date the referral was screened in

(3) If the attempted face-to-face contacts described in paragraphs (E)(1) and (E)(2) of this rule are unsuccessful, the PCSA is to, at minimum, continue making face-to-face attempts at least every five working days until any of the following occur:

(a) Contacts are made,

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

(c) The PCSA needs to make a final case decision pursuant to paragraph (S)(2) of this rule.

(F) The PCSA is to advise the parent, guardian, or custodian of the information contained in the report at the time of the initial contact. The initial contact between the PCSA and the parent, guardian, or custodian includes face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment process.

(G) The PCSA may not interview a child subject of the report or another child who resides in the home without a parent, guardian, or custodian's consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm or can provide information regarding immediate danger of serious harm.

(2) There is credible information indicating the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating the child may be intimidated from discussing the alleged abuse or neglect in their home.

(4) The child requests to be contacted at school or another location due to one of the circumstances listed in this paragraph.

(H) If a child is contacted without a parent, guardian, or custodian's consent, then the same day, the PCSA is to attempt a face-to-face contact or complete telephone contact with the child's parent, guardian, or custodian to inform them that contact with his or her child occurred and provide the specific facts that necessitated the child be contacted without a parent, guardian, or custodian's consent.

(I) The specific facts necessitating contact with the child be completed without a parent, guardian, or custodian's consent are to be documented in Ohio's CCWIS.

(J) If the attempt to contact the child's parent, guardian, custodian. or caretaker pursuant to paragraph (H) of this rule is unsuccessful, the PCSA is to continue to attempt to complete face-to-face contact with the child's parent, guardian or custodian once every five working days until contact is made with the child's parent, guardian, or custodian, or until the PCSA needs to make a case decision pursuant to paragraph (S)(2) of this rule.

(K) The PCSA need not interview a child if it is documented in Ohio's CCWIS that:

(1) The child does not have sufficient verbal skills; or

(2) Additional interviewing would be detrimental to the child.

(L) The PCSA is to convert a case from the alternative response pathway to the traditional response pathway if any of the following occur:

(1) The family requests a pathway change from the alternative response pathway to the traditional response pathway.

(2) The "Safety Assessment", "Family Assessment", or "Ongoing Case Assessment/Investigation" cannot be completed because the family refused to engage in the assessment process.

(3) The PCSA files a complaint with the juvenile court pursuant to section 2151.27 of the Revised Code alleging the child is abused, neglected or dependent child.

(4) The PCSA screens in a report requiring assignment in a traditional response pathway pursuant to rule 5101:2-36-01 of the Administrative Code.

(M) The PCSA is to record a pathway switch in Ohio's CCWIS no later than the next working day from the date of the event triggering the conversion of a case from the alternative response pathway to the traditional response pathway.

(N) The PCSA is to notify the principals of the report of the pathway change either verbally or in writing within three working days upon the conversion of a case from the alternative response pathway to the traditional response pathway if the pathway switch is not the result of a subsequent report received and assigned to the traditional response pathway. The notification(s) is to be documented in Ohio's CCWIS.

(O) If the PCSA determines a 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.

(P) The PCSA is to conduct and document face-to face or telephone contact with any person identified as a possible source of information during the assessment 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.

(Q) 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, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(R) For all reports involving a substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code the PCSA is to:

(1) Ensure the plan of safe care/family care plan has been developed.

(2) Ensure the plan of safe care/family care plan addresses the safety needs of the infant.

(3) Ensure the plan of safe care/family care plan addresses the health and substance use disorder treatment needs of the affected family or caregiver.

(S) 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 child subject of the report residing in the home. Family includes all individuals pursuant to rule 5101:2-37-03 of the Administrative Code.

(2) 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 child abuse and/or neglect report involves a family member who is receiving alternative response ongoing services from the PCSA.

(T) If the case decision is to transfer the case for ongoing PCSA services, and the case will continue to be assigned to the alternative response pathway, the agency is to provide ongoing services to the family pursuant to rule 5101:2-38-20 of the Administrative Code.

(U) No later than five business days after completion of the assessment, the PCSA is to complete the following:

(1) Notify the child subject of the report, unless the child is not of an age or developmental capacity to understand; and the parent(s), guardian(s), or custodian(s) of the final case decision in writing.

(2) Refer any substance affected infant as defined in rule 5101:2-1-01 of the Administrative Code to "Help Me Grow."

(3) Notify all participants involved in the plan of safe care and identified on the current release of information signed by the infant's parent, guardian or custodian of the final case decision. The final decision includes whether the case will be transferred for ongoing PCSA services, closed and referral made to community services, or closed. The following plan of safe care participants are to be notified:

(a) Parents, guardians, custodians or other caregivers for the infant.

(b) Health care providers involved in the delivery or care of the infant.

(c) Collaborating professional partners and agencies involved in caring for the infant and family.

(4) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, and the case decision.

(V) No later than seven calendar days from the date of completion of the assessment, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.

(W) The assessment, documentation and any materials obtained during the assessment, are to be maintained in the case record. If any information gathering activity cannot be completed, justification and the approval of the director or designee are to be filed 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

Chapter 5180:2-38 Case Planning and Reviews

Ohio Adm.Code 5180:2-38-01 Requirements for PCSA family case plan for in-home supportive services without court order.

(A) The public children services agency (PCSA) shall develop and complete the family case plan if in-home supportive services for the child and the child's custodial parent, non-custodial parent, guardian, or custodian are agreed upon and there is no court order.

(B) The family case plan shall be based on the completion of the "Family Assessment."

(C) The following are considered parties to the family case plan:

(1) The child's custodial parent, non-custodial parent, guardian, and custodian as applicable.

(2) The child age fourteen and older.

(3) The child under age fourteen if developmentally appropriate.

(4) 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.

(D) 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 to the parties in paragraph (C) of this rule of the responsibility to work with the agency to jointly develop the family case plan.

(2) Document the date and method of notification to all parties to the family case plan.

(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) The PCSA shall obtain agreement on the contents of the family case plan; obtain signatures from the child's custodial parent, non-custodial parent, guardian, or custodian; and provide each with a copy of the family case plan no later than fourteen days from the child's custodial parent, non-custodial parent, guardian, or custodian's signature, not including the date of signature.

(G) The PCSA shall develop and complete the family case plan no later than thirty days after whichever of the following occurs first:

(1) The case decision indicates the need for services and the child's custodial parent, non-custodial parent, guardian, or custodian agrees to the provision of supportive services.

(2) The child's custodial parent, non-custodial parent, guardian, or custodian voluntarily requests services and the PCSA determines that the requested services can be provided.

(H) The family case plan shall be considered complete once the child's custodial parent, non-custodial parent, guardian, or custodian signs the family case plan indicating their agreement to participate in services.

(I) If sufficient information is not available to complete any element contained on the family case plan, the PCSA shall:

(1) Specify in the family case plan the additional information needed in order to complete all parts of the family case plan and the steps to take to obtain the missing information.

(2) Obtain the missing information and complete the missing elements of the family case plan no later than thirty days after the date the incomplete family case plan was signed.

(J) The PCSA shall develop one family case plan per case.

(K) The PCSA shall make face-to-face contact with each custodial parent, non-custodial parent, guardian, or custodian, and child participating in and being provided services through the JFS 01410 family case plan no less than monthly to monitor progress on the family case plan objectives.

(1) The PCSA shall have at least one contact every other month in the child's home.

(2) The PCSA shall document home visits, attempts, and all contacts.

(L) If the initial attempt to complete a face-to-face contact pursuant to paragraph (K) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contact within the month.

(M) For an adult who is a party to the family case plan where minimum face-to-face contacts cannot be completed pursuant to paragraph (K) of this rule and the attempts of face-to-face contact pursuant to paragraph (L) 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:

(1) The case circumstance, identifying the barrier to completing the 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.

(N) The PCSA shall complete an update to the family case plan if the child is placed in substitute care or if there is a change in any of the following:

(1) Services.

(2) Participant(s).

(3) Case plan goal.

(4) Case plan activities.

(5) Legal status of the child.

(6) Completion of the "Case Review" or the "Ongoing Case Assessment/ Investigation" indicates a change in the safety or risk to the child.

(O) If a prevention services plan under the "Prevention Services" case category in SACWIS is to transfer without a court order 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 and do the following as applicable:

(1) Contact the child's custodial parent, non-custodial parent, guardian, or custodian and seek an agreement for the development of the family case plan.

(2) Obtain signatures from the child's custodial parent, non-custodial parent, guardian, or custodian.

(3) Provide each custodial parent, non-custodial parent, guardian, or custodian with a copy of the family case plan within fourteen days of the update, not including the date of signature.

(P) If an update to the family case plan is required, the PCSA shall update the family case plan and do the following as applicable:

(1) If the PCSA is providing in-home supportive services with no court order, the PCSA shall do all of the following:

(a) Contact the child's custodial parent, non-custodial parent, guardian, or custodian and seek an agreement for an update to the family case plan.

(b) Obtain signatures from the child's custodial parent, non-custodial parent, guardian or custodian.

(c) Implement the amendment update to the family case plan once the custodial parent, non-custodial parent, guardian, or custodian agrees to the change.

(d) Provide each custodial parent, non-custodial parent, guardian, or custodian with a copy of the updated family case plan within seven days of the update, not including the date of signature.

(2) If the PCSA updates the family case plan due to court ordered placement of the child in substitute care, the PCSA shall complete the update in accordance with rule 5101:2-38-05 of the Administrative Code and submit the updated family case plan to the court within seven days of the child's placement in substitute care, not including the date of placement.

(3) If the PCSA updates the family case plan due to change in legal status, the PCSA shall complete the update in accordance with rule 5101:2-38-05 of the Administrative Code and submit the updated family case plan to the court within seven days of filing a complaint, not including the date of filing.

(Q) If the PCSA and the child's custodial parent, non-custodial parent, guardian, or custodian no longer agree on the family case plan, the PCSA shall do one of the following:

(1) Discontinue supportive services to the family by closing the case in accordance with paragraph (U) of this rule.

(2) File a complaint with the court pursuant to section 2151.27 of the Revised Code if the child is an abused, neglected, or dependent child or may become abused, neglected or dependent; and intervention of the court is needed for the child's protection.

(R) The PCSA shall review the progress of the family case plan objectives by completing the "Case Review" pursuant to rule 5101:2-38-09 of the Administrative Code.

(S) The PCSA shall conduct a semiannual administrative review by completing the "Semiannual Administrative Review (SAR)" pursuant to rule 5101:2-38-10 of the Administrative Code.

(T) If a case review or a semiannual administrative review results in a recommendation for a family case plan update, the PCSA shall involve the child's custodial parent, non-custodial parent, guardian, or custodian and child age fourteen and older in the development of the updated family case plan.

(U) The PCSA shall do all of the following to close a case:

(1) Complete the "Case Review" to assess there are no active safety threats and the overall level of risk is reduced.

(2) Notify parties to the family case plan as outlined in paragraph (C) of this rule of the intent to close the case and document the date and method of notification.

(3) Update the family case plan.

(V) The PCSA shall maintain a copy of the original family case plan, all updates, and documentation of the face-to-face contacts, including attempted contacts and home visits to monitor progress on the family case plan objectives.

Last updated January 30, 2026 at 4:03 PM

History

• Effective: February 1, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-38-04 PCPA requirements for completing the semiannual administrative review.

(A) Each private child placing agency (PCPA) required to prepare a family case plan for a child pursuant to rules 5101:2-38-07 and 5101:2-38-03 of the Administrative Code shall complete the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (SAR) for the family case plan.

(B) The PCPA shall complete the SAR no later than every one hundred eighty days from whichever of the following activities occurs first:

(1) Date the original court complaint was filed.

(2) Date of placement.

(3) Date of court ordered protective supervision.

(4) Date of parent, guardian, or custodian's signature on the family case plan for in-home supportive services only.

(C) The PCPA shall continue to complete the SAR no later than every one hundred eighty days from the date established pursuant to paragraph (B) of this rule.

(D) The PCPA shall complete the SAR no more than thirty days prior to the due date.

(E) For cases with an active concurrent plan the PCPA will review and update the following during the SAR:

(1) The concurrent plan objective.

(2) The activities being completed to support the concurrent plan objective.

(F) The PCPA is to approve the SAR within five working days from the date of submission.

(G) The PCPA is to provide at least seven days notice prior to the SAR, a written or electronic invitation including the date, time, and place convenient to the family to all of the following:

(1) For in-home supportive services cases, all parties to the family case plan as outlined in paragraph (D) of rule 5101:2-38-07 of the Administrative Code.

(2) For protective supervision and substitute care cases:

(a) All parties to the family case plan as outlined in paragraph (D) of rule 5101:2-38-07 of the Administrative Code.

(b) The substitute caregiver, as defined in rule 5101:2-01-01 of the Administrative Code.

(c) For substitute care cases in which the child is age fourteen and older, two individuals as outlined in paragraph (E)(1)(c) of rule 5101:2-38-07 of the Administrative Code.

(d) The permanency team members for a child placed in an approved qualified residential treatment program (QRTP) pursuant to rule 5101:2-42-12 of the Administrative Code.

(H) The PCPA 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 limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the family case plan.

(2) A supervisior or designee.

(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 limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the family case plan.

(2) A person, not responsible for the management of the family case plan or for the delivery of services to the child, the child's parent, guardian, custodian, pre-finalized adoptive parent, or substitute caregiver.

(3) A supervisor or designee.

(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 (D) of rule 5101:2-38-07 of the Administrative Code.

(3) During the hearing, the court addresses each of the issues stated in paragraph (N) of this rule.

(4) The court hearing documents each issue either on the JFS 01416 or by journal entry.

(M) For in-home supportive services cases, the PCPA 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. A copy of the JFS 01416 shall be maintained in the case record.

(N) For protective supervision and substitute care cases the PCPA shall:

(1) File with the court a copy of the SAR no later than seven days after completion of the SAR and shall include a copy of the 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 written or electronic notice is sent to object to recommended changes in the family case plan as a result of the SAR and request a hearing of the recommended change.

(O) The PCPA shall maintain a copy of the SAR and any resultant updates to the family case plan in the case record.

Last updated January 30, 2026 at 4:03 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-38-05 PCSA family case plan for children in custody or under protective supervision.

(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.

(C) The following are considered parties to the family case plan:

(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.

(c) The court journalizes the updated family case plan.

(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 5180:2-38-05.1 PCSA requirements for completing a family case plan and review when a child is placed in a qualified residential treatment program (QRTP).

(A) For all children receiving services through a public children services agency (PCSA) who are placed in a qualified residential treatment program (QRTP), the PCSA is to assemble a family and permanency team, and may use an existing team, for the child pursuant to rule 5101:2-42-12 of the Administrative Code,

(1) The family and permanency team is to consist of all appropriate family members, relatives, and kin of the child, as well as appropriate professionals who are a resource to the family of the child, such as teachers, medical or mental health providers who have treated the child, or clergy.

(2) In the case of a child who has attained age fourteen, the family and permanency team is to include the members that are selected by the child pursuant to rules 5101:2-38-05 and 5101:2-38-07 of the Administrative Code.

(B) For all children placed in a qualified residential treatment program (QRTP) pursuant to rule 5101:2-9-42 of the Administrative Code, the following information is to be documented within the family case plan:

(1) The reasonable and good faith effort of the PCSA to identify and include all individuals on the child's family and permanency team pursuant to rule 5101:2-42-12 of the Administrative Code.

(2) All contact information for the members of the family and permanency team, as well as contact information for other family members and fictive kin who are not part of the family and permanency team.

(3) Evidence that the meetings of the family and permanency team, including meetings related to the assessment, are held at a time and place convenient for the family.

(4) If reunification is the goal, evidence demonstrating that the parent from whom the child was removed provided input on the members of the family and permanency team.

(5) Evidence that the required assessment is determined in conjunction with the family and permanency team.

(6) The placement preferences of the family and permanency team relative to the assessment that recognizes children should be placed with their siblings unless there is a finding by the court that such placement is contrary to their best interest.

(7) If the placement preferences of the family and the permanency team and child are not the placement setting recommended by the qualified individual pursuant to rule 5101:2-42-12 of the Administrative Code, the reasons why the preferences of the team and child were not recommended.

(8) Any determination by a qualified individual pursuant to rule 5101:2-42-12 of the Administrative Code that a child should not be placed in a foster family home, and the reasons why the needs of the child cannot be met by the family of the child or in a foster family home.

(9) The approval or disapproval of the placement in a QRTP pursuant to rule 5101:2-42-12 of the Administrative Code.

(C) The PCSA is to document evidence of the continued need for QRTP placement during each status review and permanency hearing pursuant to rule 5101:2-42-12 of the Administrative Code.

Last updated January 30, 2026 at 4:03 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-38-05.02 PCSA family case plan requirements for kinship guardianship assistance program (KGAP).

(A) The public children services agency (PCSA) is to support the application and eligibility for the kinship guardianship assistance program (KGAP) pursuant to rules 5101:2-46-02 and 5101:2-56-02 of the Administrative Code in the "Family Case Plan" when any of the following apply:

(1) A child has a case plan goal of custody to a fit and willing kinship caregiver(s).

(2) A child has a concurrent plan of custody to a fit and willing kinship caregiver(s).

(3) The court has made a finding pursuant to sections 2151.4119 and 2151.412 of the Revised Code (ORC), that the child's current foster family has a kin relationship, and the current foster parent does not wish to pursue adoption.

(B) The family case plan is to include the following:

(1) The steps the PCSA has taken to determine it is not appropriate for the child to be returned home.

(2) The efforts the PCSA has made to discuss adoption with the child's fit and willing kinship caregiver(s) as a more permanent alternative to legal guardianship and document the reasons why adoption is not the preferred option of the kinship caregiver(s).

(3) An explanation as to why a permanent placement with a fit and willing kinship caregiver(s) through a kinship guardianship assistance arrangement is in the child's best interests.

(4) The efforts the PCSA has made to discuss kinship guardianship assistance arrangement with the child's parent(s), or reasons why efforts were not made by the PCSA to discuss with the child's parent(s) the kinship guardianship assistance arrangement.

(5) If applicable, the reason(s) for any separation of siblings from the child if the child's placement with the kinship caregiver(s) does not include the child's siblings.

(6) The efforts the PCSA has made to consult with youth aged fourteen and older regarding the kinship guardianship arrangement.

Last updated January 30, 2026 at 4:03 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-38-07 PCPA family case plan for children in custody or under court-ordered protective supervision.

(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.

(C) The following are considered parties to the family case plan:

(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.

(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 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.

(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.

(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.

(c) The court journalizes the family case plan amendment.

(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 5180:2-38-09 PCSA requirements for completing the case review.

(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 PCSA requirements for completing the semiannual administrative review.

(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

Chapter 5180:2-39 Removals

Ohio Adm.Code 5180:2-39-01 Removal of a child from the child's own home.

(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.

(c) A parent who has legal custody of the child's sibling including blood, half-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.

(c) The options the relative or kin has to provide care and placement for the child including:

(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

Chapter 5180:2-40 Supportive Services

Ohio Adm.Code 5180:2-40-02 Supportive services.

(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.

(C) Supportive services will be available if one or more of the following exists:

(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 5180:2-40-04 Kinship permanency incentive (KPI) program.

(A) The KPI program is designed to promote a permanent commitment by a kinship caregiver(s) through becoming guardians and custodians over minor children who would otherwise be unsafe or at risk of harm if they remained in their own homes. KPI provides up to eight incentive payments to families caring for their kin.

(B) The following definitions are applicable to this rule and supersede any conflicting definitions contained in rule 5101:2-1-01 of the Administrative Code.

(1) "Custodian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual who has legal custody of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(2) "Family" means a kinship caregiver, spouse of the kinship caregiver, and all of the minor children for whom the kinship caregiver and spouse of the kinship caregiver are responsible, and who reside in the same household.

(3) "Fraudulent incentive" means incentive funds provided to the kinship caregiver(s) as a result of fraud by the kinship caregiver(s), including an intentional violation of the program requirements. Fraudulent incentive does not include incentive payments provided due to an error of the agency in processing the application.

(4) "Gross income" means income of the family as defined in paragraph (B)(2) of this rule before taxes and deductions.

(5) "Guardian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual that is granted authority by a probate court or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child's parents.

(6) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code, which is any of the following who is eighteen years of age or older and is caring for a child in place of the child's parents.

(a) Individuals related by blood or adoption to the child including:

(i) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great."

(ii) Siblings.

(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand."

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child.

(c) Spouses and former spouses of individuals named in paragraphs (B)(6)(a)(i) to (B)(6)(a)(iv) and (B)(6)(b) of this rule.

(d) A legal guardian of the child.

(e) A legal custodian of the child.

(f) Any nonrelative adult that has a familiar and long-standing relationship or bond with the child or the family, which relationship or bond will ensure the child's social ties.

(7) "Minor child" has the same meaning as in 45 C.F.R. 260.30 (2003), which is either of the following:

(a) An individual who has not attained age eighteen.

(b) An individual who has not attained age nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(C) Eligible kinship caregiver(s) shall receive an initial incentive payment and may receive subsequent payments at six-month intervals to support the stability of the child's placement in the home.

(1) The maximum incentive amount may not exceed eight payments per child per kinship caregiver(s).

(2) Individuals who were approved for their sixth incentive payment prior to March 17, 2014 are not eligible for additional incentive payments.

(3) Individuals who submitted their sixth application to the public children services agency (PCSA) on or after March 17, 2014 may be eligible for additional incentive payments.

(4) Individuals who have not received their sixth incentive payment may be eligible for additional incentive payments.

(D) For each state fiscal year (SFY), the Ohio department of job and family services (ODJFS) shall determine the initial and subsequent payment amounts. At the beginning of each SFY, ODJFS shall provide notice to the PCSAs identifying the initial and subsequent payment amounts for that SFY.

(E) The PCSA shall determine the kinship caregiver(s) eligible for KPI when all of the following criteria are met:

(1) On July 1, 2005 or thereafter, a court issued an order granting legal custody or guardianship to the kinship caregiver(s). A temporary court order is not sufficient to meet this requirement.

(2) The minor child resides with the kinship caregiver(s). If the child is on temporary leave from the kinship caregiver's home (e.g., hospitalization, mental health treatment or respite) and the kinship caregiver retains legal custody or guardianship this shall not preclude eligibility for KPI.

(3) The kinship caregiver(s) is a resident of the state of Ohio.

(4) The gross income of the kinship caregiver's family does not exceed three hundred per cent of the federal poverty guidelines.

(5) The placement has been assessed and approved by the PCSA or private child placing agency (PCPA).

(a) For children placed by the PCSA or PCPA, the placement was assessed and approved pursuant to paragraphs (B) to (I) of rule 5101:2-42-18 of the Administrative Code.

(b) For children placed directly with a kinship caregiver by a court or relative, the PCSA shall assess the home in accordance with the requirements identified in paragraphs (B) and (D) to (I) of rule 5101:2-42-18 of the Administrative Code prior to the approval of KPI.

(F) A kinship caregiver who is receiving kinship guardianship assistance program (KGAP) payments for a child is not eligible to receive KPI for the same child.

(G) The kinship caregiver(s) shall apply for the KPI program by submitting the following to the PCSA in the county in which the caregiver resides:

(1) The JFS 01501 "Application for Kinship Permanency Incentive."

(2) Verification that the caregiver has obtained legal custody or guardianship on or after July 1, 2005.

(3) Verification of included income. Exclusions of reported income are as follows and shall not be included in the income calculation for eligibility:

(a) Child support paid out to another custodian for a child in the other custodian's care. The total amount of child support paid out shall be deducted from the gross income.

(b) Up to one hundred dollars per month per child of any child support received on behalf of the child(ren) for whom the kinship caregiver is applying for the KPI program.

(c) Any Ohio works first (OWF) payments.

(d) Any income of minor children, including employment income and social security benefits paid to a child.

(e) Supplemental security income (SSI) payments and social security disability income (SSDI) payments.

(f) Adoption subsidy payments and foster care reimbursements.

(g) Ohio adoption grant program payments received for an adopted child.

(h) KGAP payments received for another child.

(H) When the kinship caregiver(s) submits an application for re-determination, the PCSA shall review the eligibility requirements in paragraphs (E)(1) to (E)(4) of this rule with the kinship caregiver(s) to ensure the requirements continue to be met by the kinship caregiver's family.

(I) At the time of the kinship caregiver's initial application or re-determination, the PCSA in the county in which the kinship caregiver(s) resides shall:

(1) Provide the kinship caregiver(s) with the JFS 01501 upon request.

(2) Determine eligibility for the initial incentive payment.

(3) Notify the kinship caregiver(s) of the approval, denial or incomplete application in accordance with paragraphs (J) and (K) of this rule.

(4) Inform the kinship caregiver(s) that subsequent payments require re-determination of eligibility every six months and that the kinship caregiver(s) must submit another application.

(5) Notify the kinship caregiver(s) at least thirty, but not more than sixty, calendar days prior to the eligibility for a subsequent incentive payment that the kinship caregiver(s) must submit a JFS 01501 and verifying documentation to enable the PCSA to determine eligibility.

(6) Determine continuing eligibility for subsequent incentive payments as long as the kinship caregiver(s) resides in that county.

(7) Notify the kinship caregiver(s) of the approval, denial or incomplete application for subsequent incentive payments in accordance with paragraphs (J) and (K) of this rule.

(J) The PCSA shall approve or deny the application for KPI based on criteria identified in paragraphs (E)(1) to (E)(5) of this rule and provide notification on the "Notice of Approval for Kinship Permanency Incentive Funds" or the "Notice of Denial for Kinship Permanency Incentive Funds" reports generated from the Ohio statewide automated child welfare information system (SACWIS) to the kinship caregiver(s) of its decision within fifteen business days of receipt of the completed JFS 01501, supporting documentation, and the results of the background checks.

(K) When sufficient information is not available to enable the PCSA to approve or deny the application for incentive payments, the PCSA shall provide the kinship caregiver(s) with notification on the "Notice of Incomplete Kinship Permanency Incentive Application" generated from Ohio SACWIS that identifies the information needed and informs the kinship caregiver(s) that if information requested is not submitted within ten calendar days the application will be denied. This shall not prohibit the kinship caregiver(s) from reapplying.

(L) If a kinship caregiver(s) relocates to another Ohio county, the PCSA in the new county of residence is responsible for determining eligibility for subsequent incentive payments. When known, the PCSA in the county in which the kinship caregiver(s) currently resides shall coordinate with the PCSA in the county of former residence in order to secure information regarding prior incentive payments. The PCSA in the county in which the kinship caregiver(s) formerly resided shall share information regarding prior incentive payments and upon request, transfer the case to the PCSA of the kinship caregiver's new county of residence.

(M) When a PCSA conducts and approves a home assessment in accordance with rule 5101:2-42-18 of the Administrative Code for a child's placement with a relative or nonrelative substitute caregiver residing in another county, the PCSA in the county of residence may use the approved home assessment to support KPI program eligibility.

(N) The PCSA may develop an interagency agreement with the county department of job and family services (CDJFS) to assist in gathering eligibility information necessary for the PCSA to approve or deny the application.

(O) If a director of a PCSA determines that a kinship caregiver(s) has received a fraudulent incentive, the kinship caregiver(s) shall be ineligible to participate in the KPI program for any child. The PCSA that determines that a kinship caregiver(s) has received a fraudulent incentive shall indicate this in Ohio SACWIS.

(P) The PCSA shall enter applications and incentive payments into Ohio SACWIS.

(Q) In order to confine KPI expenditures to appropriated state funds, the director of the department of job and family services, or designee, may issue an order at any time suspending the intake of any applications for KPI. During a program suspension, all applicants will be advised that a suspension is in effect. All applications will be denied during the same time that a suspension is in effect. No waiting lists will be established during the periods of suspension.

(R) The PCSA shall inform the kinship caregiver(s) of the right to request a state hearing and provide the kinship caregiver(s) with a copy of the JFS 04059 "Explanation of State Hearing Procedures" upon approval or denial of their application. The kinship caregiver(s) has the right to request a state hearing if the PCSA denies eligibility for KPI, or the application has been acted upon erroneously, or not acted upon with reasonable promptness.

Last updated January 30, 2026 at 6:58 PM

History

• Effective: August 5, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-40-05 PCSA requirements for providing family first prevention services.

(A) The public children services agency (PCSA) may provide family first prevention services to candidates for prevention services who have a screened in report by the PCSA through a "Prevention Services Plan" or "Family Case Plan," informed by the use of an assessment of safety and an assessment of risk.

(B) The PCSA is to complete an assessment of safety and an assessment of risk for candidates for prevention services to determine the following:

(1) The protective capacities of the parent, guardian, or custodian.

(2) The vulnerabilities of each child in the home.

(3) If an active safety threat is present.

(4) The presenting risk contributors of the family.

(5) The service needs of the family.

(6) The type of service plan to best match the family's needs.

(C) The PCSA may initiate prevention services prior to the completion of the "Family Assessment."

(D) The PCSA may provide prevention services by designating a case category in SACWIS of "Prevention Services" and developing a "Prevention Services Plan" or by designating a case category in SACWIS of "Ongoing" and developing a "Family Case Plan." Case category selection should be informed by the assessment of safety and risk in accordance with the following:

(1) The PCSA is to select the "Ongoing" case category and follow the requirements set forth in rule 5101:2-38-01, 5101:2-38-05, or 5101:2-38-20 of the Administrative Code if:

(a) The family has an active "Safety Plan."

(b) The family has an active "Family Case Plan."

(2) The PCSA may select the "Prevention Services" case category for cases in which paragraph (D)(1) of this rule does not apply.

(E) The PCSA is to complete and implement the "Prevention Services Plan" for cases assigned to the "Prevention Services" case category no later than thirty days from the completion of the "Comprehensive Assessment Planning Model - I.S., Family Assessment" ("Family Assessment") in accordance with the following:

(1) Include at least one evidence based practice service delivered by a "Center of Excellence" selected service provider.

(2) Obtain agreement on the "Prevention Services Plan"; obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the "Prevention Services Plan" within seven days of the agreement.

(F) The PCSA is to have at least one face to face contact with each parent, guardian, or custodian and child involved in the "Prevention Services Plan" every other month in the child's home. During contact the PCSA is to:

(1) Assess child safety;

(2) Review the "Prevention Services Plan";

(3) Obtain the family's perception and experiences with the service provider;

(4) Determine if there are any desired changes to the service plan.

(G) The PCSA is to have minimum monthly contact with each service provider involved in the "Prevention Services Plan." If more frequent contact is required by the evidence based practice those standards should be followed and fidelity to the model will be monitored by the "Center of Excellence." During monthly contact the PCSA is to obtain:

(1) Actions and activities completed by the provider and the family;

(2) Desired service outcomes and progress of the family;

(3) Presenting concerns regarding child safety within the family;

(4) Changes to the provider's service plan delivery.

(H) The PCSA is to review the progress of the "Prevention Services Plan" no later than every ninety days after the completion date of the "Family Assessment" by completing the "Prevention Plan Review." The "Prevention Plan Review" is to contain a summary of the service provider contacts and family contacts.

(I) The PCSA is to complete the "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review (SAR)" no later than every one hundred eighty days from completion of the "Family Assessment." The PCSA will invite parties to the "Prevention Services Plan" and provide a copy pursuant to rule 5101:2-38-10 of the Administrative Code.

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

(K) The PCSA is to transfer a "Prevention Services Plan" under the "Prevention Services" case category in SACWIS to a "Family Case Plan" under the "Ongoing" case category in SACWIS if the following occurs during the provision of prevention services:

(1) An assessment of safety or risk identifies the need for services better suited for a family through a "Family Case Plan" under the "Ongoing" case category in SACWIS pursuant to rule 5101:2-38-01, 5101:2-38-05 or 5101:2-38-20 of the Administrative Code.

(2) A "Safety Plan" is implemented pursuant to rule 5101:2-37-02 of the Administrative Code.

(3) The family requests to be served through a "Family Case Plan" under the "Ongoing" case category in SACWIS.

(L) The PCSA is to update the "Prevention Services Plan" and obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the plan within seven days of the agreement if there is a change in the following:

(1) Services.

(2) Participants.

(3) Service provider.

(M) If the child's parent, guardian, or custodian no longer agree on the "Prevention Services Plan," the PCSA is to assess the safety and risk and determine one of the following:

(1) Discontinue all services and close the case.

(2) Offer voluntary services through the "Family Case Plan" under the "Ongoing" case category in SACWIS if safe and appropriate.

(3) File a complaint with the court pursuant to section 2151.27 of the Revised Code if the child is an abused, neglected, or dependent child and intervention of the court is needed for the child's protection.

(N) The PCSA is to complete the following to close a prevention services case:

(1) Complete a "Prevention Plan Review" within thirty days of closure;

(2) Notify the participants and service providers of the intent to close the prevention services case and terminate the "Prevention Services Plan" in writing; and

(3) Terminate the "Prevention Services" case category in SACWIS.

(O) The PCSA is to record and maintain all documentation in SACWIS.

Last updated August 14, 2026 at 1:26 PM

History

• Effective: April 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-40-10 The Ohio kinship and adoption navigator (OhioKAN) program.

(A) The Ohio kinship and adoption navigator program (OhioKAN) is a program designed to provide a resource for kinship and post-adoptive families to assist them in learning about, finding, and using programs and services to meet the needs of the children and youth they are raising as well as the needs of the caregivers. The OhioKAN program is to provide information and referral services and assistance obtaining support services including, but not limited to:

(1) Publicly funded child care;

(2) Respite care services, as defined in rule 5101:2-1-01 of the Administrative Code;

(3) Training related to caring for special needs children; and

(4) Legal services.

(B) The following definitions are applicable to this rule and supersede any conflicting definitions contained in rule 5101:2-1-01 of the Administrative Code:

(1) "Adoptive parent" means a person who has adopted a person legally available for adoption.

(2) "Child" means any person under eighteen years of age or under nineteen years of age and who is a full-time student in a secondary school or in the equivalent level of vocational or technical training, or a person with a mental or physical disability who is under twenty-one years of age.

(3) "Formal kinship caregiver" means a kinship caregiver who:

(a) Has been licensed by the state of Ohio as a foster caregiver;

(b) Has been assessed and approved as a relative or nonrelative substitute caregiver by a public children services agency (PCSA) or private child placing agency (PCPA) in accordance with rule 5101:2-42-18 of the Administrative Code; or

(c) Is caring for a child who is residing in the home on a safety plan as defined in rule 5101:2-1-01 of the Administrative Code.

(4) "Informal kinship caregiver" means a private caregiver arrangement made between the parent and kinship caregiver where no child welfare agency is involved. Informal kinship caregivers may include caregivers who have temporary or legal custody or guardianship, caregivers who have a power of attorney or caretaker authorization affidavit, and caregivers of a child whose parent(s) retain legal custody of the child.

(5) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code, which is any of the following who is eighteen years of age or older and is caring for a child in place of the child's parents:

(a) Individuals related by blood or adoption to the child including:

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

(ii) Siblings;

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

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child.

(c) Spouses and former spouses of individuals named in paragraphs (B)(5)(a)(i) to (B)(5)(a)(iv) and (B)(5)(b) of this rule.

(d) A legal guardian of the child.

(e) A legal custodian of the child.

(f) Any nonrelative adult that has a familiar and long-standing relationship or bond with the child or family, which relationship or bond will ensure the child's social ties.

(6) "Kinship family" means the kinship caregiver(s) and kinship child(ren) residing in the same home.

(7) "Navigator" means an OhioKAN representative assigned to provide information and referral services, and additional services as determined necessary, to eligible kinship and adoptive families in Ohio.

(8) "Post-adoptive family" means the adoptive parent(s) and adopted child(ren) residing in the same home.

(C) Any kinship caregiver or kinship family, including formal and informal, or adoptive parent, or post-adoptive family may be eligible to receive services from the OhioKAN program, except when a biological parent with legal custody who has primary caregiving responsibilities for the child, and who is not a "child" pursuant to the definition in paragraph (B)(2) of this rule resides in the home.

(D) A kinship or post-adoptive family may be referred to the OhioKAN program by any entity, agency, or organization who identifies that the family may benefit from services.

(E) A kinship caregiver or adoptive parent may request services directly from the OhioKAN program by contacting an OhioKAN representative, by completing a web inquiry on the website at www.OhioKAN.jfs.ohio.gov, or by calling OhioKAN at 1-844-OhioKAN (1-844-644-6526).

(F) Upon inquiry by a kinship caregiver or adoptive parent, or upon referral by another entity, the OhioKAN representative who receives the inquiry or referral is to:

(1) Contact the kinship caregiver or adoptive parent, collect intake information, and enter it into the statewide automated child welfare information system (SACWIS.)

(2) Complete an initial screening to determine the reason for the inquiry.

(3) Provide immediate intervention and flag for follow-up when the kinship caregiver or adoptive parent indicates that the child is at risk of self-harm or of harming others, or that there is an imminent risk of disruption of the kinship or adoptive child.

(4) Complete a brief needs assessment, in accordance with the OhioKAN procedure manual, to identify additional needs and resources.

(G) When the completion of the brief needs assessment indicates that the kinship caregiver or adoptive parent needs information and referral services, the OhioKAN navigator or representative is to:

(1) Provide the appropriate information and referral to the kinship caregiver or adoptive parent; and

(2) Follow up with the kinship caregiver or adoptive parent to determine if the needs have been met.

(H) When the completion of the brief needs assessment indicates that the kinship caregiver or adoptive parent has needs that are urgent or complex, the OhioKAN navigator may complete a comprehensive needs assessment with the kinship caregiver or adoptive parent in accordance with the OhioKAN procedure manual.

(I) Following the identification of the family's needs and resources, the OhioKAN navigator may complete an initial support plan with the kinship caregiver or adoptive parent.

(J) When a support plan is completed, it is to address the following:

(1) The identified needs of the kinship family or post-adoptive family.

(2) The minimum contact the OhioKAN navigator will have with the kinship or post-adoptive family.

(3) The referrals and the services that will be provided to the kinship family or post-adoptive family.

(K) The navigator is to review the support plan within the time frames identified in the OhioKAN procedure manual to ensure that the appropriate services are being provided and to identify additional needs. Reviews may be conducted during face-to-face visits or phone contacts. The reviews may be conducted as desk reviews depending on the circumstances of the case and the family's involvement with other agencies.

(L) The OhioKAN service episode is to be closed in SACWIS when:

(1) A review of the services provided, in accordance with the OhioKAN procedure manual, indicates that the family's needs have been met;

(2) The kinship caregiver, kinship family, adoptive parent, or post-adoptive family is no longer eligible;

(3) The kinship caregiver or adoptive parent requests closure of the service episode; or

(4) The kinship caregiver or adoptive parent is not participating in the service episode.

(M) The kinship caregiver or adoptive parent should actively participate in the OhioKAN program by:

(1) Providing OhioKAN with documentation or verification that is requested to facilitate eligibility or service provision;

(2) Providing OhioKAN with any change in contact information or residence;

(3) Participating in the development of the support plan and follow up reviews;

(4) Providing OhioKAN with any information that might affect their eligibility, including, but not limited to, changes in household composition, placement of eligible children, or emergent issues that may affect service provision.

(N) The OhioKAN navigator responsibilities include, but are not limited to:

(1) Reviewing the inquiry and completing the screening and assessment documents;

(2) Completing the support plan and reviewing and updating it as required;

(3) Providing services and referrals that are necessary or required;

(4) Documenting all contact and service activities in SACWIS;

(5) Reporting any suspected child abuse or neglect to the local public children services agency; and

(6) Conducting minimum contact requirements with the kinship caregiver, adoptive parent, kinship family, or post-adoptive family as specified in the OhioKAN procedure manual.

(O) Recipients and potential recipients of OhioKAN program services have a right to file a complaint with the OhioKAN program. The complaint review process includes the following components:

(1) Complaints may be submitted verbally or in writing and should include the following information:

(a) The name and contact information of the individual making the complaint;

(b) The name of all individuals involved in the complaint; and

(c) The circumstances surrounding the complaint.

(2) Complaints should be addressed first at the site level with the site supervisor and an OhioKAN regional coach. If the individual who submitted the complaint is dissatisfied with the proposed resolution of the complaint, the complaint is to be elevated to the next administrative level.

(3) All complaints are to be reviewed within thirty calendar days from the date of the submission of the complaint. Upon the conclusion of the review, the OhioKAN representative reviewing the complaint is to provide the resolution in writing to the individual who submitted the complaint.

(4) All complaints and resolutions are to be communicated to the appropriate OhioKAN regional director.

(P) The OhioKAN program will operate to the extent that general revenue funds have been appropriated by the general assembly for that purpose.

Last updated January 30, 2026 at 6:58 PM

History

• Effective: October 1, 2020
• Promulgated Under: 119.03

Chapter 5180:2-42 Substitute Care

Ohio Adm.Code 5180:2-42-06 "Agreement for Temporary Custody of Child" (JFS 01645).

(A) The JFS 01645 "Agreement for Temporary Custody of Child" is the sole form prescribed by the Ohio department of job and family services (ODJFS), pursuant to section 5103.15 of the Revised Code. The JFS 01645 is to be utilized for all such agreements.

(B) Execution of the JFS 01645 creates the status of temporary custody with a public children services agency (PCSA) or private child placing agency (PCPA) for a specified time period subject to the provisions of rule 5101:2-42-08 of the Administrative Code. The agreement for temporary custody may be terminated at the request of either party prior to expiration of the specified time period.

(C) By execution of the JFS 01645, a PCSA or PCPA accepts the responsibilities as specified on the JFS 01645, in addition to any further responsibility imposed by law on one who holds temporary custody of a child.

(D) By execution of the JFS 01645, a PCSA or PCPA is given authority for action as specified on the JFS 01645, in addition to any further responsibility prescribed by law to one who holds temporary custody of a child.

(E) By execution of the JFS 01645, the parent, guardian, or custodian accepts the responsibility as specified on the JFS 01645, in addition to those imposed by law.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-07 Extension of "Agreement for Temporary Custody of Child" (JFS 01645).

(A) The JFS 01645 "Agreement for Temporary Custody of Child" is the sole form prescribed by the Ohio department of job and family services pursuant to section 5103.15 of the Revised Code. The JFS 01645 is to be utilized for an original or additional thirty-day extension of an agreement for temporary custody of a child.

(B) Court approval of the JFS 01645, either for an original or additional extension extends the status of the agreement with the public children services agency (PCSA) or private child placing agency (PCPA) for the specified time period in accordance with rule 5101:2-42-08 of the Administrative Code.

(C) An extension of the temporary custody by agreement may be terminated at the request of either party prior to expiration of the specified time period. The PCSA or PCPA is to notify the court of such termination within seven days.

(D) A PCSA or PCPA is to accept the responsibilities as specified on a court-approved JFS 01645, in addition to any further responsibility imposed by law on one who holds temporary custody of a child.

(E) A PCSA or PCPA is given authority for action as specified on the court-approved JFS 01645, in addition to any further responsibility imposed by law on one who holds temporary custody of a child.

(F) The parent, guardian, or custodian, accepts the responsibility as specified on the court-approved JFS 01645, in addition to those imposed by law.

Last updated February 11, 2026 at 7:54 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-12 Assessment to determine child's placement into a qualified residential treatment program.

(A) For the purpose of qualified residential treatment programs (QRTP), a qualified individual is a trained professional or licensed clinician who:

(1) Is not connected to or affiliated with any placement setting in which children could be placed,

(2) Is trained to administer the assessment tool outlined in paragraph (B) of this rule, with evidence of child and adolescent needs and strengths (CANS) training and a current CANS certification kept in the employee's file.

(3) Maintains objectivity with respect to determining the most effective and appropriate placement for a child.

(4) Is knowledgeable on local resources to support a child's ongoing needs.

(5) Meets one of the following options:

(a) Is a title IV-E agency employee who is not in the chain of command of the case oversight or placement decision-making.

(b) Is a local service provider who enters into an agreement with the title IV-E agency. The service provider cannot serve as the qualified individual if they are under another title IV-E agency contract and their objectivity is compromised.

(c) Is a title IV-E agency employee provided through an established agreement with at least one other title IV-E agency.

(d) Is employed by ODJFS and is not in the chain of command of a fiscal or licensing bureau.

(e) Is a vendor contracted by the state and is not in the chain of command of a fiscal or licensing bureau.

(B) Prior to placement in a QRTP or no later than thirty days after the date of each placement in a QRTP, a qualified individual is to:

(1) Complete an assessment of the strengths and needs of the child in title IV-E agency custody using the "Ohio Brief" or "Ohio Comprehensive" versions of the CANS tool.

(2) Complete the assessment in conjunction with the family and permanency team for the child.

(a) The PCSA is responsible for assembling the family and permanency team. The family and permanency team is to consist of all appropriate family members, relatives, and kin of the child, as well as appropriate professionals who are a resource to the family of the child, such as teachers, medical or mental health providers who have treated the child, or clergy.

(b) In the case of a child who has attained age fourteen, the family and permanency team is to include the members that are selected by the child as outlined in rules 5101:2-38-05 and 5101:2-38-07 of the Administrative Code.

(c) The PCSA may use an existing team for the purpose of the family and permanency team if the team composition meets the requirements outlined in paragraph (B)(2) of this rule.

(3) Develop a list of child specific short and long term mental and behavioral health goals.

(C) Based on the information outlined in paragraph (B) of this rule, the qualified individual is to determine whether the needs of the child can be met with family members, kin, or through placement in a foster home and which setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short and long-term goals for the child, as specified in the family case plan for the child outlined in rules 5101:2-38-05, 5101:2-38-05.1 and 5101:2-38-07 of the Administrative Code.

(D) If the qualified individual completing the assessment outlined in paragraph (B) of this rule determines the child should not be placed with family members, kin, or in a foster home, the qualified individual is to specify in writing all of the following:

(1) The reasons why the needs of the child cannot be met by the family of the child, kin, or in a foster home. A lack of available foster homes is not an acceptable reason for determining that the needs of the child cannot be met in a foster home.

(2) The reasons why the placement into a QRTP is the recommended setting that will provide the child with the most effective and appropriate level of care in the least restrictive environment.

(3) How the placement into the QRTP is consistent with the short-term and long-term goals for the child, as specified in the family case plan for the child.

(E) Within sixty days of the start of each title IV-E eligible child's placement into a QRTP, the title IV-E agency is to work collaboratively with the juvenile court to ensure the court:

(1) Considers the assessment, determination, and documentation made by the qualified individual conducting the assessment outlined in paragraph (B) of this rule.

(2) Determines whether the needs of the child can be met through placement in a foster home, or, if not, whether the placement of the child in a QRTP provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child, as specified in the family case plan.

(3) Approves or disapproves of the placement of the child in a QRTP.

(F) Upon completion of the requirements outlined in paragraph (B) of this rule, if the qualified individual determines the child should not be placed in a QRTP or if the juvenile court disapproves of the placement in a QRTP, the family and permanency team is to consider the appropriate level of care for the child in the least restrictive environment as outlined in rule 5101:2-42-05 of the Administrative Code.

(G) When a child is placed in a QRTP, the title IV-E agency is to submit to the court the following at each semi-annual review and permanency hearing:

(1) Evidence that the ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster home.

(2) Documentation that the placement of the child in the QRTP provides the most effective level of care for the child in the least restrictive environment.

(3) Documentation that continued placement in the QRTP is consistent with the short-term and long-term goals for the child, as specified in the family case plan for the child.

(4) Documentation of the specific treatment or service needs that will be met for the child in the QRTP and the length of time the child is expected to need the treatment or services.

(5) Documentation of the efforts made by the title IV-E agency to prepare the child to return home or to be placed with a fit and willing kinship caregiver, legal guardian, adoptive parent, or in a foster home.

(H) For any child placed in a QRTP for more than twelve consecutive months or eighteen nonconsecutive months, or for any child who has not attained the age of thirteen and is placed in a QRTP for more than six consecutive or nonconsecutive months, the title IV-E agency is to document in the case record:

(1) The most recent versions of the evidence and documentation outlined in paragraph (G) of this rule; and

(2) The signed approval of the title IV-E agency director for the continued placement of the child in the QRTP.

(I) The title IV-E agency is to ensure that all requirements located in this rule are documented in the statewide automated child welfare information system (SACWIS).

Last updated February 9, 2026 at 3:57 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-12.1 Assessment for a child when a non-qualified residential treatment program meets qualified residential treatment program certification requirements.

For each IV-E eligible child placed in a non-qualified residential treatment program (non-QRTP) on or after October 1, 2021, the requirements outlined in rule 5101:2-42-12 of the Administrative Code are to be followed by the IV-E agency beginning with the effective date the non-QRTP has met the qualified residential treatment program (QRTP) certification requirements and is considered compliant.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: June 15, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-18 PCSA and PCPA approval of placements with relative and nonrelative substitute caregivers.

(A) A public children services agency (PCSA) or private child placing agency (PCPA) having custody of a child, or upon interstate request by a state with jurisdiction, may approve placement with the following substitute caregivers in accordance with rule 5101:2-42-05 of the Administrative Code if the placement is determined to be in the child's best interest and the substitute caregivers are not certified through the Ohio department of job and family services:

(1) A relative by blood, adoption, or marriage who, in accordance with sections 5103.02 and 5103.03 of the Revised Code, is exempt from certification and who is being considered as a substitute caregiver; or

(2) A nonrelative who has a relationship with the child and/or family and who, in accordance with section 5153.161 of the Revised Code, is a qualified non-relative.

(B) Prior to placing the child with the relative or nonrelative substitute caregiver, the PCSA or PCPA shall adhere to the following procedures and document its actions in approving the placement setting:

(1) Collect identifying information (first name, last name, maiden name, aliases, social security number, address, telephone number, place of employment) on the prospective caregiver and all household members.

(2) Require all adults in the home to identify prior PCSA or children services agency (CSA) involvement.

(3) Assure that a search of the statewide automated child welfare information system (SACWIS) has been completed for the prospective caregiver and adult household members pursuant to rule 5101:2-33-21 of the Administrative Code.

(a) If the agency has the ability to access SACWIS pursuant to rule 5101:2-33-70 of the Administrative Code and section 5101.132 of the Revised Code, the agency shall complete an alleged perpetrator search of abuse and neglect report history through SACWIS for the prospective caregiver and each adult who resides in the home.

(b) If the agency does not have the ability to access SACWIS, the agency shall request a search of SACWIS from the Ohio department of job and family services (ODJFS) for the prospective caregiver and each adult who resides in the home and shall secure the necessary releases of information and initiate requests for information when applicable.

(4) When involvement with a CSA in another state is indicated or suspected, the PCSA or PCPA shall request a check of the child abuse and neglect registry from the other state.

(5) When the home of the relative or nonrelative substitute caregiver is a licensed foster home or approved adoptive home, the PCSA or PCPA is to notify the recommending agency of the intent to place the kinship child in the home. The PCSA or PCPA should consider placing the child as a foster care placement if appropriate.

(6) Assess the safety of the home by checking on all of the following:

(a) Cleanliness of the home.

(b) Absence of hazardous conditions inside and outside.

(c) Storing of poisonous and otherwise dangerous or combustible materials.

(d) Proper heating, lighting and ventilation.

(e) Condition of plumbing and toilet facilities.

(f) Installation of a working smoke alarm on each level of occupancy of the home.

(g) Safe storing of weapons, including firearms and ammunitions, in inoperative condition and in a secured and locked area.

(h) Adequacy of each child's bedding and appropriateness to his or her needs.

(i) Availability of a working telephone within the home or reasonable access to a working telephone for emergency situations.

(7) Provide the prospective caregiver with known information regarding educational, medical, prescription and nonprescription medications, child care, and special needs of the child including information on how to access support services to meet the needs of the child.

(8) Provide the prospective caregiver with the following information:

(a) Information about the kinship support program (KSP), including eligibility requirements and details about payments and payment timeframes, in accordance with rule 5101:2-42-18.2 of the Administrative Code.

(b) How to apply for Ohio works first (OWF) child-only financial assistance and medicaid coverage.

(c) The caregiver's right to apply for certification as a foster caregiver.

(d) How to apply for certification as a foster caregiver.

(e) The requirements for foster caregiver certification and adoption approval and how those requirements differ from the requirements for approval as a relative or nonrelative substitute caregiver.

(f) The difference in payment between OWF child-only payments, KSP payments, and the foster care per diem.

(g) The difference (if any) in the eligibility for supportive services.

(h) The caregiver's right to be heard during hearings involving the child(ren) if the placement is approved.

(9) Assess the prospective caregiver's ability and willingness to provide care and supervision of the child and to provide a safe and appropriate placement for the child.

(10) Submit fingerprints for the prospective relative or nonrelative caregiver and all adults residing within the home according to the requirements of the bureau of criminal investigation (BCI). The agency shall request that BCI include information from the federal bureau of investigation (FBI) in the criminal records check. The required criminal records check must be completed prior to an agency approving the prospective relative or nonrelative placement.

(11) Complete a review of the national sex offender registry at https://www.nsopw.gov (2019) for the prospective relative or nonrelative caregiver and all adults residing within the home.

(12) Require the prospective caregiver to submit written notification if a person at least twelve years of age but less than eighteen years of age residing within the home of the prospective caregiver has been convicted of or plead guilty to any offenses described in section 5103.0319 of the Revised Code, or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation.

(C) If a child must be removed from his or her home immediately in accordance with rules 5101:2-39-01 and 5101:2-39-03 of the Administrative Code, the PCSA or PCPA may place the child with the prospective relative or nonrelative substitute caregiver, if there are no known safety concerns, and initiate the assessments required by paragraph (B) of this rule no later than the next business day.

(1) The PCSA or PCPA shall complete all activities required by paragraph (B) of this rule no later than five business days from the date the child was placed.

(2) The PCSA or PCPA shall make a final decision to approve or not approve the placement of the child no later than five business days from the date the agency receives the BCI and FBI background check results and/or alleged perpetrator background check results.

(3) The PCSA or PCPA shall provide the relative or nonrelative caregiver with written notification of the decision to approve or not approve the placement within three business days of the date the final decision to approve or not approve the placement was made.

(D) The PCSA or PCPA shall complete the JFS 01447 "Assessment of Relative or Nonrelative Substitute Caregiver." The PCSA or PCPA shall use the SACWIS application to complete home assessments.

(E) The PCSA or PCPA may deny the placement if the relative or nonrelative had his or her parental rights involuntarily terminated.

(F) The PCSA or PCPA shall not approve the placement if the relative or nonrelative or other adults residing within the home have been convicted of or pleaded guilty to any offense listed in appendix A to this rule unless the agency finds and documents that person's residency in the relative or nonrelative caregiver's household will not jeopardize in any way the health, safety or welfare of the children the agency serves. The following factors shall be considered in determining the person's approval as a relative or nonrelative caregiver or the person's residency in the relative or nonrelative caregiver's household:

(1) The person's age at the time of the offense.

(2) The nature and seriousness of the offense.

(3) The victim of the offense was any of the following:

(a) A person under the age of eighteen.

(b) A functionally impaired person as defined in section 2903.10 of the Revised Code.

(c) A person with an intellectual disability as defined in section 5123.01 of the Revised Code.

(d) A developmentally disabled person as defined in section 5123.01 of the Revised Code.

(e) A person with a mental illness as defined in section 5122.01 of the Revised Code.

(f) A person sixty years of age or older.

(4) The circumstances under which the offense was committed.

(5) The degree of participation of the person involved in the offense.

(6) The time elapsed since the person was fully discharged from imprisonment or probation.

(7) The likelihood that the circumstance leading to the offense will recur.

(8) The likelihood that the circumstance leading to the offense will recur.

(9) The person's employment record.

(10) The person's efforts at rehabilitation and the results of those efforts.

(11) Whether any criminal proceedings are pending against the person.

(12) Whether the person has been convicted of or pleaded guilty to a felony contained in the Revised Code that is not listed in paragraph (H) of this rule, if the felony bears a direct and substantial relationship to being a relative or nonrelative caregiver or adult member of the caregiver's household.

(13) Any other factors the agency considers relevant.

(G) The PCSA, PCPA, and kinship caregiver or potential kinship caregiver are to refer to appendix A to this rule to determine the rehabilitative status of a crime.

(H) The PCSA or PCPA shall complete the requirements of paragraph (B) of this rule and make a decision to approve or not approve the child's placement with the relative or nonrelative caregiver within thirty calendar days from the date the assessment was initiated. If the BCI or FBI background check results and/or alleged perpetrator background check results have not been received by the PCSA or PCPA within thirty calendar days from the date the assessment was initiated, the PCSA or PCPA shall make a final decision to approve or not approve the placement of the child no later than five business days from the date the agency receives the BCI and FBI background check results and/or alleged perpetrator background check results.

(I) The PCSA or PCPA shall provide the relative or nonrelative caregiver with written notification of the decision to approve or not approve the placement within three business days of the date the final decision to approve or not approve the placement was made.

(J) If the PCSA or PCPA disapproves of a court ordered placement of a child, it shall notify the court in writing of its findings and recommend a suitable substitute care placement. The PCSA or PCPA shall continue to notify the court in writing of its findings and recommended substitute care placement at least every six months.

(K) The PCSA or PCPA shall maintain documentation, in the case record, of all assessments and findings required by this rule that are used in approving or disapproving the placement.

(L) Annually, based on the date of the original approval, the PCSA or PCPA shall complete a home assessment to assure that the placement continues to meet the requirements of this rule for approval of the placement.

(1) If there are multiple children placed by one agency in the home, the agency may complete one annual assessment based on the date of the original placement approval, but shall consider the appropriateness of each placement on a child specific basis.

(2) If there are any new adults in the home, the PCSA or PCPA shall conduct background checks on the new adult(s) pursuant to paragraph (B) of this rule.

(3) If the relative or nonrelative caregiver(s) has moved to a new address, the PCSA or PCPA shall ensure that the home meets the requirements listed in paragraph (B) of this rule.

(M) Once a child has been placed with a relative or nonrelative substitute caregiver and is not in need of a new placement, the PCSA or PCPA may continue to complete additional home assessments on other relative or nonrelative substitute caregivers. The PCSA or PCPA may extend the timeframe for completing these additional assessments by a maximum of thirty days past the requirements listed in paragraph (I) of this rule.

(N) Nothing in this rule removes the PCSA's responsibility for conducting parent assessments when a child reunifies with the parent from which the child was removed or when a child is being placed with a non-custodial or non-residential parent in accordance with rules 5101:2-37-01, 5101:2-37-02, and 5101:2-37-04 of the Administrative Code.

View Appendix

Last updated September 18, 2026 at 2:28 PM

History

• Effective: July 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-19 Requirements for the provision of independent living services to youth in custody.

(A) Independent living services are to be provided to each youth in the custody of a public children services agency (PCSA) or private child placing agency (PCPA) as developmentally appropriate, no later than the age of fourteen for normalcy and practical skills to prepare them for the transition from agency custody to self-sufficiency.

(B) The PCSA or PCPA is to provide and explain the JFS 01677 "Foster Youth Rights Handbook" pursuant to paragraph (A) of this rule and paragraph (Q) in rule 5101:2-42-90 of the Administrative Code.

(C) If a PCSA or PCPA is providing independent living services to an eligible unmarried minor female who is pregnant or has a child and is part of an "Ohio Works First" (OWF) assistance group, the PCSA or PCPA is to inform the local county department of job and family services (CDJFS) of the PCSA or PCPA's involvement with the family in order to ensure coordination of services.

(D) The PCSA or PCPA is to conduct a life skills assessment on each youth in agency custody no later than age fourteen. The assessment is to be completed no later than sixty days after the youth's fourteenth birthday or sixty days after the youth enters agency custody, if the youth is fourteen or older. A life skills assessment is to establish the need for independent living services identified in paragraph (E) of this rule. The life skills assessment is to be completed with documented input from the youth, the youth's caregiver, and the youth's caseworker.

(E) The PCSA or PCPA is to determine which independent living services are applicable, or not needed based on the assessment referenced in paragraph (D) of this rule and may include, but not be limited to the following:

(1) Academic support.

(2) Post secondary educational support.

(3) Career preparation.

(4) Employment programs or vocational training.

(5) Budget and financial management.

(6) Housing, education and home management training.

(7) Health education and risk prevention.

(8) Family support and healthy relationship and marriage education including education and information about safe and stable families, healthy marriages, spousal communication, parenting, responsible fatherhood, childcare skills, teen parenting and domestic and family violence prevention.

(9) Mentoring including being matched with a screened and trained adult for a one-on-one relationship that involves the two meeting on a regular basis. Mentoring can be short-term, but may also support the development of a long-term relationship.

(10) Supervision services for a youth placed in a supervised independent living arrangement including a youth who is living independently under a supervised arrangement paid for or provided by the county agency.

(11) Room and board financial assistance for rent, deposits, utilities, and other household start-up expenses in accordance with all of the following:

(a) The PCSA may only use up to thirty per cent of the Chafee federal independent living allocation for room and board pursuant to rule 5101:9-6-35 of the Administrative Code which may include, but is not limited, to assistance with rent and initial rental deposit pursuant to 42 U.S.C. 677, (2018).

(b) The PCSA is not to use the Chafee allocation or TANF independent living funds for room and board pursuant to rules 5101:9-6-35 and 5101:9-6-08.6 of the Administrative Code for youth under the age of eighteen and young adults that have reached their twenty-first birthday.

(12) Financial assistance including direct cash assistance, or other payments made or provided by the county agency to help the youth gain independence.

(F) To help the youth achieve self-sufficiency, the PCSA or PCPA is to develop an independent living plan in Ohio statewide automated child welfare information system (Ohio SACWIS) in accordance with all of the following:

(1) Complete within thirty days of the completion of the assessment outlined in paragraph (D) of this rule.

(2) Be based upon the assessment and the developmental age of the youth.

(3) Be youth driven and include input from the youth's caseworker, the resource caregiver, and two adult supporters as identified in rule 5101:2-38-05 of the Administrative Code.

(4) Document the strengths, limitations, and resources of the youth and outline the services to be provided.

(5) Update the plan with any changes of the youth's strengths, limitations, or goals.

(6) Provide a copy of the plan and any subsequent updated plans to the youth and resource caregiver within thirty days of the development or update.

(G) The PCSA or PCPA is to include in the independent living plan the contact information containing the names, addresses and phone numbers of significant others, such as current or former resource caregivers, two adult supporters, parents, friends, mentors, child's attorney, guardian ad litem (GAL) or court appointed special advocates (CASA) and extended family members as provided by the youth. The PCSA or PCPA is to use this information to work with the youth to develop and achieve meaningful, permanent connections with at least one caring adult.

(H) The PCSA or PCPA is to update the family case plan and submit it to the court within seven days following the completion of the initial independent living plan pursuant to rules 5101:2-38-05 and 5101:2-38-07 of the Administrative Code.

(I) The PCSA or PCPA is to complete a readiness review in Ohio SACWIS of the independent living plan with the youth and resource caregiver at least every one hundred eighty days until the agency's custody is terminated. Each review is to include:

(1) Progress on current independent living goals and the opportunity to add new independent living goals, as necessary.

(2) Review of youth's contacts including the development of meaningful, permanent connections.

(3) Details regarding youth's access to and participation in age or developmentally appropriate activities, positive youth development and experiential learning similar to non-custodial youth.

(J) The PCSA or PCPA is to provide independent living services training opportunities to caregivers caring for adolescents.

(K) For each youth in the custody of the PCSA or PCPA no later than the age of fourteen, the PCSA or PCPA is to request a credit report from each of the three major credit reporting agencies (CRA) each year until the youth is discharged from substitute care. This may be completed simultaneously or separately throughout the year.

(1) A request is to be submitted to at least one CRA by the first semi-annual review (SAR) held after the youth attains the age of fourteen.

(2) The PCSA or PCPA is to ensure each youth receives a copy and is provided interpretation of their consumer credit report annually until emancipation.

(3) The PCSA or PCPA is to assist youth in the resolution of any inaccuracies reported on any of the credit reports by working with the Ohio attorney general's office.

(L) A PCSA or PCPA is to ensure the following information is entered into Ohio SACWIS in accordance with rule 5101:2-33-70 of the Administrative Code:

(1) All services provided to youth as indicated in paragraph (E) of this rule.

(2) Youth characteristics including:

(a) Current and historical school information and education levels.

(b) Tribal membership.

(c) Delinquency adjudication.

(d) Special education.

(e) Current and historical medical conditions, medications and medical provider information.

(3) Basic demographics of the youth including:

(a) Gender.

(b) Race.

(c) Ethnicity.

(M) The PCSA or PCPA is to enter in Ohio SACWIS the date the independent living assessment and the independent living plan were completed. All readiness review dates of the independent living plan are to be entered in Ohio SACWIS, in accordance with rule 5101:2-33-70 of the Administrative Code.

(N) The PCSA or PCPA is to assist the youth in completing the national youth in transition database (NYTD) survey in accordance with 45 C.F.R. 1356.82 (a)(2)(2008). The PCSA may utilize independent living allocation to provide youth with incentives to complete the survey.

(O) At least one hundred eighty days prior to the youth's eighteenth birthday, the PCSA or PCPA is to provide the youth information on final transition planning and post emancipation services in accordance with rule 5101:2-42-19.2 of the Administrative Code and eligibility criteria to enroll in bridges in accordance with Chapter 5101:2-50 of the Administrative Code.

(1) The PCSA or PCPA is to document efforts in the readiness review to assist youth with meeting eligibility for bridges as outlined in rule 5101: 2-50-02 of the Administrative Code.

(2) At least ninety days prior to the youth's emancipation, if it is determined the youth is interested, the PCSA or PCPA is to:

(a) Refer the youth to the bridges program.

(b) Assign the bridges representative to the ongoing case within Ohio SACWIS.

(c) Introduce the youth to the bridges representative.

(d) Collaborate with the bridges representative until the youth reaches emancipation and custody has been terminated.

(3) At least fourteen days prior to the youth's emancipation, the PCSA or PCPA is to ensure the youth has all documentation required to enroll in the bridges program.

(P) If the youth is expected to remain in care after their eighteenth birthday, documentation is to be added to the readiness review at least ninety days prior to their eighteenth birthday to include information regarding the anticipated emancipation date. The PCSA or PCPA is to continue to document ongoing discussions regarding the final transition plan and emancipation date within the readiness review until the final transition plan, referenced in paragraph (Q) of this rule, is created.

(Q) At least ninety days prior to the youth's emancipation from the agency's custody, the PCSA or PCPA is to work with the youth to develop a final transition plan.

(1) The final transition plan is to be:

(a) Youth driven.

(b) Reviewed with the youth during monthly visits pursuant to rule 5101:2-42-65 of the Administrative Code until youth emancipates from agency's custody.

(c) Entered into Ohio SACWIS.

(d) Shared with the bridges representative for youth that have been referred to the bridges program.

(e) Provided to youth.

(2) The final transition plan is to address the following:

(a) The youth's option to receive young adult services identified in rule 5101:2-42-19.2 of the Administrative Code.

(b) Health care including:

(i) Information regarding Medicaid eligibility for former foster youth until the age of twenty-six. The PCSA or PCPA is to submit the ODM 01958 "Referral for Medicaid Continuing Eligibility Review" to the county in which the youth will reside upon emancipation. It is to be explained to the youth that medicaid is to be renewed annually in the county they reside.

(ii) Health care power of attorney.

(iii) Youth's option to execute power of attorney.

(iv) Establish ongoing services with medical and behavioral health providers where the youth will reside upon emancipation.

(c) Employment services.

(d) Secondary and post-secondary education and training.

(e) Obtaining and paying for safe and stable housing where the young adult will reside upon emancipation.

(f) Budgeting for necessary living expenses.

(g) Obtaining a credit report.

(h) Registering for selective service.

(i) Information on obtaining a driver's license.

(j) Information on any existing court fees associated with the youth's name prior to emancipation.

(k) Information on any existing benefits the youth receives, such as but not limited to social security benefits. If necessary, the PCSA or PCPA review with the youth instructions on how to apply for continuation of those benefits.

(R) Prior to the youth's emancipation from the agency's custody, the PCSA or PCPA is to secure and provide to the youth the following documents:

(1) An original birth certificate.

(2) An original social security card.

(3) A current state identification card or driver's license.

(S) The PCSA or PCPA is to provide a copy of the final transition plan to the youth when custody is terminated due to reaching the age of emancipation, along with the following:

(1) A copy of the youth's health and education records.

(2) A letter verifying that the youth emancipated from agency custody.

(T) The PCSA or PCPA is to document in Ohio SACWIS the date the agency provided the information in paragraphs (B), (F), (K), (O) and (Q) to (S) of this rule.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: May 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-19.1 Requirements for independent living arrangements for independent living youth in custody.

(A) The public children services agency (PCSA) or private child placing agency (PCPA) may place a youth in its custody who is at least sixteen years of age in an independent living arrangement, when appropriate. For youth under the age of eighteen, the placement is to be a supervised or semi-supervised independent living setting. The PCPA making such arrangements is to be certified by the Ohio department of children and youth (DCY) pursuant to rule 5101:2-5-03 of the Administrative Code.

(B) The PCSA or PCPA is to develop written criteria when considering the appropriateness of an independent living arrangement for the youth in its custody.

(C) The PCSA may utilize independent living funding, as outlined in rules 5101:9-6-35 and 5101:9-6-08.6 of the Administrative Code, to support services provided by the independent living arrangement. The services provided are to meet the requirements outlined in rule 5101:2-42-19 of the Administrative Code.

(D) The PCSA or PCPA is to assure that a youth's independent living arrangement meets the following standards:

(1) All associated structures are maintained in a safe state of repair and inspected annually by a certified fire inspector or the state fire marshal.

(2) The dwelling is safely and adequately heated, lighted and ventilated. Unvented kerosene heaters are not be used, unless the heater has been approved by "Underwriter's Laboratory (www.ul.com)."

(3) Firearms or other projectile weapons and ammunition are not on the premises.

(4) An operating telephone is accessible.

(5) The bathroom and toilet facilities are located within the building, connected to an indoor plumbing system and are operable.

(6) Garbage is disposed of on a regular basis and outside garbage is stored in covered containers or closed bags.

(7) Operable smoke alarms approved by "Underwriter's Laboratory" are on each level of occupancy.

(8) A portable chemical fire extinguisher is maintained in the cooking area and is operable.

(9) A written emergency procedure is in place that ensures the youth will have twenty-four hour access to staff familiar with his or her situation.

(10) No more than five youth reside in the home. Each youth is to be provided with a bed of his or her own with no more than two youth to a bedroom.

(E) The PCSA or PCPA is to follow procedures outlined in rule 5101:2-42-65 of the Administrative Code for visitation.

(F) Nothing in this rule is to preclude an agency from using additional site, safety, and supervision requirements for independent living arrangements.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: December 30, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-19.2 Requirements for provision of independent living services to young adults who have emancipated.

(A) Upon request, each public children services agency (PCSA) is to provide services and support to former foster care recipients, who have emancipated from PCSA custody on or after the age of eighteen from a substitute care placement, until their twenty-first birthday pursuant to 45 CFR 1355.20, (2012).

(B) A PCSA is to evaluate the strengths and needs with the young adult, assess the young adult's own efforts to achieve self-sufficiency and availability of community resources.

(C) Based on the evaluation required by paragraph (B) of this rule, the PCSA and the young adult is to develop a mutually agreed upon plan in Ohio statewide automated child welfare information system (Ohio SACWIS) for the provision of services. A copy of the young adult services plan is to be signed by the young adult and a representative of the agency.

(D) The PCSA is to include or update contact information in the plan in Ohio SACWIS on any of the young adult's connections with significant others, such as former resource families, friends, adult supporters, mentors and extended family members. The contact information is to include names, addresses and phone numbers, whenever known and is to to be documented in Ohio SACWIS.

(E) The PCSA is to make available the following independent living services to young adults aged eighteen to twenty-one including, but not limited to:

(1) Academic support.

(2) Post secondary educational support.

(3) Career preparation.

(4) Employment programs or vocational training.

(5) Budget and financial management.

(6) Housing, education and home management.

(7) Health education and risk prevention.

(8) Mentoring including being matched with a screened and trained adult for a one-on-one relationship involving the two meeting on a regular basis. Mentoring can be short-term, but may also support the development of a long-term relationship.

(9) Supervision services for a young adult living in a supervised independent living arrangement including a young adult living independently under a supervised arrangement that is paid for or provided by the county agency.

(10) Room and board financial assistance including room and board financial assistance that is a payment paid for or provided by the county agency for room and board, rent deposits, utilities, and other household start-up expenses.

(11) Education financial assistance such as a payment paid for or provided by the county agency for education or training, allowances to purchase textbooks, uniforms, computers, and other educational supplies; tuition assistance; scholarships; payment for educational preparation and support services, and payment for GED and other educational tests. The financial assistance also includes vouchers for tuition or vocational education or tuition waiver programs paid for or provided by the county agency.

(12) Other financial assistance including direct cash assistance for any other payments made or provided by the county agency to help the young adult gain independence.

(F) The PCSA may only use up to thirty per cent of the Chafee federal independent living allocation for room and board pursuant to rule 5101:9-6-35 of the Administrative Code. Bridges participants receiving Title IV-E maintenance are not eligible for the Chafee or temporary assistance to needy families (TANF) independent living (IL) room and board allocation. Room and board may include but is not limited to:

(1) Assistance with rent.

(2) Initial rent deposit.

(G) The PCSA is not permitted to use any independent living allocation for room and board for youth under the age of eighteen or past the young adult's twenty-first birthday.

(H) The PCSA is to report applicable independent living services provided to young adults as required in rule 5101:2-33-70 of the Administrative Code, according to Ohio SACWIS reporting requirements.

(I) The PCSA is to provide a copy of the agency's grievance policy as required by rule 5101:2-33-20 of the Administrative Code to each young adult requesting independent living services from the agency.

(J) The PCSA is to assist young adults age twenty-one years old and under in completing the national youth in transition database (NYTD) survey in accordance with 45 C.F.R. 1356.82(a)(2)(i)(2008). The PCSA may utilize independent living allocation to provide young adults with incentives to complete the survey.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: May 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-20 Resource family bill of rights.

(A) No court or agency or any employee, volunteer, intern or subcontractor of a court or agency is to in any way violate any of the following rights of resource families:

(1) The right to be treated with dignity and respect as the resource family providing the day to day care for children in the children services system.

(2) The right to be free of discrimination including race, color, religion, gender, gender identity or expression, national origin (ancestry), military status (past, present or future), disability, age (forty years or older), genetic information, or sexual orientation.

(3) The right to receive training from either the recommending agency or the training designee and support from the recommending and custodial agencies to strengthen resource parenting skills and meet the needs of children in their care.

(4) The right to review the home study information that is not deemed confidential by the recommending agency.

(5) The right to receive clear expectations that relate to their role as a resource caregiver in partnership with the child in foster care, the child's family and with all other team members.

(6) The right to access a staff person representing the recommending or custodial agency inside and outside of normal business hours.

(7) The right to be informed of all known information about a child placed in their care pursuant to rule 5101:2-42-90 of the Administrative Code including information that may impact the health, safety, and well-being of any member of the resource family and community.

(8) The right to receive notification prior to court hearings and scheduled meetings concerning a child in their care and to be encouraged to share information during those opportunities.

(9) The right to receive training on the reasonable and prudent parent standard and, once trained, to act as the reasonable and prudent parent in making decisions for children placed in their care to participate in normal childhood activities that still maintain their health and safety.

(10) The right to actively work with the agency toward the permanency goal identified in the family case plan (e.g., reunification) and to support supplemental planning as established in rule 5101:2-38-05 of the Administrative Code, and participate in treatment planning (including independent living skills for children fourteen and older) for children in their care.

(11) The right to be informed of the processes available to submit grievances and/or complaints including with regards to these rights and to make their concerns known without fear of reprisal.

(12) The right to be informed of the process when a resource caregiver is investigated based on an allegation of maltreatment and points of contact, and what to anticipate as a person who is under investigation. The resource family has the right to be informed what supports and resources are available to them during the process and how the outcome may affect their relationship with the recommending and/or custodial agency.

(B) Any agency involved with a resource caregiver is to inform the resource caregiver of their rights and responsibilities pursuant to rules contained within Chapter 5101:2-7 of the Administrative Code in writing as well as all agency policies that impact the caregiver and any child in their care. Nothing in this rule supersedes the requirement for resource caregivers to follow agency policies.

(C) If the rights of a resource caregiver, as established by this rule, conflict with the rights of a youth in foster care, as established in rule 5101:2-5-35 of the Administrative Code, the rights of the youth will preempt the rights of the resource family or resource caregiver.

(D) The rights established by this rule will not create grounds for a civil action against the department, the recommending agency, or the custodial agency.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: November 15, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-60 Placement services for infants of incarcerated mothers.

(A) Public children services agencies (PCSA) are responsible for establishing policies and procedures for service coordination with correctional facilities and hospitals on behalf of infants born to women who are incarcerated.

(B) Upon notification by the correctional facility that postnatal services will be needed, the PCSA in the county in which the woman was a resident at the time of incarceration, or if not an Ohio resident, the PCSA in the county in which the woman was charged or sentenced shall:

(1) Conduct an assessment of the person or persons recommended by the incarcerated woman and provide a copy of the recommendation of approval or non-approval to the correctional facility.

(a) In the case of the child's father, the PCSA shall conduct a parent assessment in accordance with agency policy.

(b) In the case of a relative or non-relative caregiver, the PCSA shall conduct a home assessment in accordance with rule 5101:2-42-18 of the Administrative Code.

(2) Coordinate with the local children services agency in another state to request a home assessment, when the proposed relative or non-relative caregiver lives out-of-state.

(3) Obtain temporary custody of the infant by execution of the JFS 01645 "Agreement for Temporary Custody of Child" in accordance with rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code or by court order if:

(a) The infant is not remaining with the mother as part of a prison nursery program;

(b) The incarcerated woman has not recommended a caregiver; or

(c) The home assessment conducted pursuant to paragraph (B)(1) of this rule does not recommend approval of the caregiver.

(4) Assist the incarcerated mother, if the mother chooses a private child placing agency (PCPA) or Ohio attorney to participate in the planning for her infant by:

(a) Advising the incarcerated woman that any out-of-state placements through a PCPA or Ohio attorney shall be coordinated with the Ohio interstate compact on the placement of children (ICPC) office in accordance with Chapter 5101:2-52 of the Administrative Code.

(b) Contacting the PCPA or Ohio attorney to assure that a plan has been completed.

(C) When the PCSA of jurisdiction is not located in the county in which the infant is hospitalized, and due to circumstances beyond the PCSA's control, the PCSA is unable to obtain custody and care of an infant requiring immediate placement, the PCSA in the county in which the infant is hospitalized shall:

(1) Obtain temporary custody of the infant by execution of the JFS 01645 in accordance with rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code or by court order.

(2) Secure the infant's release from the hospital and place the infant in an appropriate substitute care setting.

(3) Advise the PCSA of jurisdiction, as identified in paragraph (B) of this rule, of the action taken and the child's ongoing need for care.

(D) Upon notification, the PCSA of jurisdiction shall arrange for care and custody of the child.

(E) The PCSA which holds custody of the infant is responsible for costs of medical care and services to the infant, commencing at the time of the infant's birth if other financial resources are insufficient or do not exist. If a local PCSA obtained temporary custody of the infant in accordance with paragraph (C) of this rule, the PCSA of jurisdiction shall reimburse the local PCSA for all its actual costs.

(F) The PCSA of jurisdiction and the local PCSA shall act in a timely manner in coordinating the transfer of custody and reimbursement costs.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: September 15, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-65.1 Exit interviews when a child in custody leaves an out of home placement.

(A) The title IV-E agency or private child placing agency (PCPA) that holds custody of a child shall conduct a face to face exit interview with every child age five and older, as developmentally appropriate, within seven days after the child's exit from each foster care placement.

(1) The information gathered during the interview shall be dependent on the age and developmental level of the child. The interviewer's observations and any information to explain the child's responses shall be recorded on the JFS 01678 "Foster Care Exit Interview."

(2) If the child alleges abuse, neglect or any maltreatment during the exit interview, the interviewer shall make a report in accordance with section 2151.421 of the Revised Code.

(B) The title IV-E agency shall complete the interview form in the Ohio statewide automated child welfare information system (SACWIS).

(C) The PCPA shall complete the JFS 01678 and place it in the child's case record and the caregiver's record. If the caregiver is not certified by the PCPA, the PCPA shall send a copy of the form to the recommending agency of the caregiver within seven days of the completed interview.

(D) Upon receipt of the form, the recommending agency shall discuss any concerns with the foster parent. If deemed necessary by the recommending agency, an action plan shall be developed within thirty days of the date the agency was notified of the concern. The plan may include but is not limited to providing more intense supervision, support, or training for the caregiver. If the concern warrants a rule violation investigation, then rule 5101:2-5-28 of the Administrative Code shall apply and may result in more formal enforcement, up to and including revocation of the foster home certificate.

(E) The title IV-E agency or PCPA is not required to complete the exit interview:

(1) When children in their custody are moved from residential care facilities or non-licensed providers.

(2) When a child was in the placement for less than seventy-two hours.

(3) When the child's placement type changes from foster care to adoption and the child remains in the same home.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: August 15, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-66.2 Documentation of comprehensive health care for children in placement.

(A) The custodial public children services agency (PCSA), private child placing agency (PCPA), and private noncustodial agency (PNA) is to document and maintain in the case record a record of physical health examinations, developmental and psychological assessments, and treatment for each child in the care or custody of a PCSA, PCPA, or PNA pursuant to rule 5101:2-5-10 of the Administrative Code.

(B) A record of a child's health information may be collected from a variety of sources, including but not limited to:

(1) The child's parent, caregiver, guardian, other relative(s) or other responsible adult familiar with the child's health history;

(2) The child, if age-appropriate;

(3) Medical providers;

(4) Mental health providers;

(5) Medical records;

(6) School personnel and records;

(7) County family and children first council;

(8) Early intervention coordinators;

(9) PCSA, PCPA, or PNA case records;

(10) Medicaid managed care plan; and

(11) Other social service agency personnel and records.

(C) A record of a child's health care is to contain, but not be limited to, the following, when applicable:

(1) A listing of a child's most recent and current medical, mental health, dental, and other health care providers including early and periodic screening and diagnostic treatment (EPSDT)/healthchek.

(2) A record of immunizations and dates of immunizations;

(3) A record of a child's illnesses, hospitalizations, surgeries, impairments, injuries and other significant medical problems and dates for each event;

(4) A record of physical health examination and treatment;

(5) A record of dental examinations and treatment;

(6) A record of vision examinations and treatment;

(7) A record of speech and hearing assessments and therapy/treatment;

(8) A record of developmental assessments and therapy/treatment;

(9) A record of mental health assessments and therapy/treatment;

(10) A record of drug screenings, assessments and therapy/treatment;

(11) A record of the child's sexual development history, including any family planning methods;

(12) A record of the child's physical, or sexual abuse history;

(13) A record of the child's prescription and nonprescription medications and any allergies to medications;

(14) A record of the child's food allergies and other allergies;

(15) The child's cultural background as it relates to nutrition, health care practices, and other relevant information;

(16) The health history of the biological parents and extended family; and

(17) Any other pertinent health information necessary to assure that those persons providing care for the child have adequate information to provide such care.

(D) The custodial PCSA, PCPA, or PNA is to keep the parents, guardian, or custodian informed of the physical health care, mental health care, and developmental care provided the child during the child's substitute care placement. Such information is to be shared at least every six months or at the time of each semiannual administrative review as required by rule 5101:2-38-08 of the Administrative Code. The parents, guardian or custodian is to be informed and consulted anytime a child in substitute care experiences a serious health, mental health problem or medical emergency.

(E) A substitute caregiver is to have access to all health care information to provide daily care for the child.

(F) The PCSA may use the child's health care record prepared pursuant to this rule as a source document in completing the JFS 01443 "Child's Education and Health Information" form or other comparable form as required in rule 5101:2-38-08 of the Administrative Code, if applicable.

(G) The PCSA may use a copy of the JFS 01443 form as a face sheet for the child's health record prepared pursuant to this rule.

(H) The custodial PCSA or PCPA is to provide a copy of a child's health care record to the child's parent, guardian, custodian, or prefinalized adoptive parent pursuant to this rule, and rule 5101:2-48-16 of the Administrative Code and to the child upon emancipation from custody pursuant to rule 5101:2-42-19 of the Administrative Code, as applicable.

(I) A PCSA is to maintain a record of a child's health care as a distinct part of the child's case record pursuant to rule 5101:2-33-23 of the Administrative Code, if applicable.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: July 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-87 Termination of substitute care and custody of a child.

(A) Each public children services agency (PCSA) shall determine the necessity for continuing or terminating custody of a child in a legally authorized placement for thirty days or more, whether the child's custody is by agreement or court order or whether the child's custody status is temporary or permanent. The agency shall assess the need for continued custody at least every three months from date of initial placement and at each semiannual administrative review by completing the following:

(1) The case review pursuant to rule 5101:2-38-09 of the Administrative Code.

(2) The "Reunification Assessment" pursuant to rule 5101:2-37-04 of the Administrative Code.

(3) Consider whether supportive services can provide adequate protection for the child if he or she were returned to his or her own home under a court order of protective supervision, or the agency's involvement is no longer deemed necessary and termination is sought.

(B) The PCSA's or private child placing agency's (PCPA) custody shall automatically terminate when one of the following occur:

(1) A court of jurisdiction issues an order terminating agency custody.

(2) The "Agreement for Temporary Custody of Child" expires or is terminated early.

(3) A probate court issues a final decree of adoption or an interlocutory order of adoption becomes final.

(C) While in substitute care, a child may be on leave from his or her current placement for a trial visit with his or her parent, guardian or custodian up to ninety consecutive days.

(D) When the PCSA or PCPA plans to recommend that the court terminate custody, the agency shall give the substitute caregiver and recommending agency at least five days advance notice. Advance notice shall not be required if a court of jurisdiction terminates agency custody on its own accord, or the substitute caregiver agrees to a lesser advance notice. Documentation of the notification (written or oral) to a caregiver shall be maintained in the child's case record.

(E) The agency shall provide the following services to prepare the child and his or her parent, guardian, or custodian when the child is to be returned home, which shall include, but not be limited to:

(1) Arranging visits or other contacts as needed between the parent, guardian, or custodian and child to discuss what has transpired between the time of initial placement and the present.

(2) Increasing the length and number of home visits to help the child become reacquainted with his or her family, when applicable.

(3) Providing emotional support for feelings the child may have about leaving the substitute caregiver.

(F) The custodial agency shall provide case planning services to emancipating youth pursuant to rules 5101:2-42-19 and 5101:2-38-05 of the Administrative Code and pursuant to rule 5101:2-38-07 of the Administrative Code, if applicable for the PCPA.

(G) When termination of substitute care occurs, those services offered to and provided to the child and his or her parent, guardian, or custodian in preparation for the child's reunification, adoption or emancipation shall be noted in the child's case record.

(H) The agency shall inform the county department of job and family services (CDJFS) healthchek coordinator when the child has been returned home and custody has been terminated.

(I) The agency shall provide the parent, guardian, custodian, prefinalized adoptive parent, or a child who is emancipating with a copy of the child's health care record prepared pursuant to rules 5101:2-42-66.2 and 5101:2-38-08 of the Administrative Code upon termination of the child's custody. The agency shall provide the parent, guardian, custodian, prefinalized adoptive parent, or a child who is emancipating with information about the healthchek program, if the child was in the healthchek program during the child's stay in substitute care.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: June 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-42-88 Requirements when a child in substitute care disrupts or is missing from placement.

(A) When there is a disruption of a child's substitute care placement, the public children services agency (PCSA) or private child placing agency (PCPA) shall address and document in the child and caregiver's case record the following information:

(1) Length of time the child was in the particular substitute care setting.

(2) Circumstances which led to the child's removal.

(3) Any efforts to maintain the placement, including supportive services offered to the child and caregiver.

(B) A disruption of a child's substitute care placement shall require an update to the family case plan pursuant to rule 5101:2-38-05 of the Administrative Code or rule 5101:2-38-07 of the Administrative Code.

(C) If a disruption of a child's substitute care placement occurs prior to the child's dispositional hearing, the PCSA or PCPA shall follow procedural requirements pursuant to rule 5101:2-42-93 of the Administrative Code.

(D) Upon receiving notification that a child is missing from a substitute care placement, the PCSA or PCPA shall immediately, and in no case later than twenty-four hours contact both:

(1) Law enforcement for entry into the national crime information center (NCIC) database.

(2) The national center for missing and exploited children (NCMEC).

(E) A report of the missing child is to be submitted to law enforcement and NCMEC and is to include the following, where reasonably possible:

(1) A photo of the missing or abducted child.

(2) The circumstances of the child's disappearance, including date and time child was last seen.

(3) A description of the child's physical features and personal identifiers,

(a) Age.

(b) Height.

(c) Weight.

(d) Sex.

(e) Race.

(f) Ethnicity.

(g) Complexion

(h) Hair color.

(i) Eye color.

(j) Birth marks, tattoos, piercings

(k) Clothing worn

(l) Glasses or contact use

(m) Nickname(s)

(n) Braces

(o) Shoe size

(p) Youth's cell phone number

(q) Youth's email address and social networking contacts

(r) Endangerment information such as:

(i) Pregnancy status.

(ii) Prescribed medications and any medical condition(s).

(iii) Suicidal or homicidal tendencies.

(iv) Description of who may have abducted the child and the vulnerability to being trafficked, sex or labor.

(v) Other health or risk factors, any factual, biographical or historical information, including health or behavioral health concerns that may assist with locating the missing child.

(F) The PCSA or PCPA is to maintain regular communication with law enforcement and NCMEC for updates on progress locating and aiding in the safe recovery of the missing child, including but not limited to:

(1) Possible location of the child.

(2) Who the child might be with.

(3) Additional risk of harm.

(4) Sharing information pertaining to the child's recovery and circumstances related to the recovery.

(G) The PCSA or PCPA shall document in the child's case record the following information:

(1) The date, time and name of the law enforcement agency contacted.

(2) The date and time NCMEC was contacted.

(3) The last known location of the child.

(4) The length of time the child has been missing.

(5) Anyone the missing child may have been with prior to or during.

(6) Efforts and resources used to locate the child.

(H) Upon the missing child's return, the PCSA or PCPA shall address and document in the child's case record the following information:

(1) The circumstances that contributed to the child running away or missing from care. When possible, these factors shall be considered when determining subsequent placements.

(2) The events or experiences that took place while the child was missing, including if the child is found to be a sex trafficking victim. The PCSA shall follow procedural requirements pursuant to rule 5101:2-36-12 of the Administrative Code. The PCPA shall report any allegations of abuse or neglect to the PCSA.

(I) The PCSA or PCPA shall send a copy, within fourteen days, of the documentation identified in this rule to the recommending agency of the caregiver, if the caregiver is not certified by the PCSA or PCPA. The recommending agency shall maintain the information in the caregiver's record.

Last updated February 9, 2026 at 3:57 PM

History

• Effective: August 3, 2023
• Promulgated Under: 119.03

Chapter 5180:2-44 State Adoption Subsidy Program

Ohio Adm.Code 5180:2-44-03 Public children services agency (PCSA) administration of the state adoption maintenance subsidy program.

(A) A public children services agency (PCSA) is responsible for the administration and determination of eligibility for the state adoption maintenance subsidy. The PCSA is to:

(1) Provide the JFS 01613 "Application for State Adoption Maintenance Subsidy" to any prospective adoptive parent(s) of a child in the custody of a PCSA or private child placing agency (PCPA) or upon request.

(2) Determine whether the adoptive child meets the special needs criteria for a state adoption maintenance subsidy as described in rule 5101:2-44-06 of the Administrative Code and document the special needs of the child on the JFS 01615 "Approval for State Adoption Maintenance Subsidy. " If the agency determines the child does not meet the special needs criteria for a state adoption maintenance subsidy, the PCSA is to document the reason for this determination on the JFS 07334 "Notice of Denial of Your Application for Assistance."

(3) Determine whether the child has or does not have a special need for medical, mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code and document on the JFS 01449 "Determination of Special Needs For Medical, Mental Health or Rehabilitative Care."

(4) Determine the adoptive child's eligibility status within forty-five days of receipt of a complete state adoption maintenance subsidy application packet. A complete packet will contain a JFS 01613, JFS 01654 "Adoptive Placement Agreement," if applicable, and the child study inventory. Any other information that may help in determining the special needs and resource needs of the child may be included in the packet.

(5) Notify the adoptive parent(s) of the approval or denial of the state adoption maintenance subsidy within fifty days of receipt of a complete state adoption maintenance subsidy application packet with the JFS 01615 or the JFS 07334 "Notice of Denial of Your Application for Assistance." The state adoption maintenance subsidy application is to be approved or denied prior to the adoption finalization.

(B) The PCSA in the county in which a private child placing agency (PCPA) is located is responsible for the administration of a state adoption maintenance subsidy for a child in the permanent custody of the PCPA who is eligible pursuant to rule 5101:2-44-06 of the Administrative Code.

(C) State adoption special service subsidy approvals entered into prior to July 1, 2004 are to be redetermined in accordance with rule 5101:2-44-09 of the Administrative Code.

(D) The PCSA is to establish and maintain policy and procedures governing its state adoption maintenance subsidy program in accordance with 42 U.S.C. section 671(a)(21) (10/24/18) and section 5153.163 of the Revised Code. Such policy and procedures are to be consistent with Chapter 5101:2-44 of the Administrative Code and are to be part of the PCSA adoption policy prepared pursuant to rule 5101:2-48-05 of the Administrative Code.

(E) The PCSA's policy is to indicate whether the PCSA continues to provide the state adoption special services subsidies for those approvals in effect before July 1, 2004.

(F) The PCSA is to document, in the PCSA's adoption policy, a description of the opportunity for a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(G) A state adoption maintenance subsidy payment is to continue if the adoptive parent(s) move to another county, state or country unless the PCSA that approved the subsidy determines that the adoptive parent(s) and the adoptive child are no longer eligible pursuant to rules 5101:2-44-06 and 5101:2-44-08 of the Administrative Code.

(H) The PCSA is to make an annual redetermination of eligibility for the state adoption maintenance subsidy pursuant to rule 5101:2-44-08 of the Administrative Code, unless the state adoption maintenance subsidy payment is suspended pursuant to rule 5101:2-44-10 of the Administrative Code.

(1) The PCSA's approvals and amendments of a state adoption maintenance subsidy are to be documented on the JFS 01615 for the initial agreement, and for redeterminations or amendments, the JFS 01614 "Redetermination or Amendment of a State Adoption Maintenance Subsidy. "

(2) The PCSA's suspensions, decreases, and terminations of a state adoption maintenance subsidy are to be documented on the JFS 04065 "Prior Notice of Right to a State Hearing."

(I) If the PCSA determines the adoptive parent(s) are approved for a state adoption maintenance subsidy payment and the adoptive child has a special need for medical, mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code, the PCSA is to provide the adoptive parent(s) with the following forms, including explanations and instructions:

(1) JFS 01615 "Approval for State Adoption Maintenance Subsidy."

(2) JFS 01449 "Determination of Special Needs for Medical, Mental Health or Rehabilitative Care."

(J) If the PCSA determines the adoptive parent(s) are approved for a state adoption maintenance subsidy payment, but the adoptive child does not have a special need for medical, mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code, the PCSA is to provide the adoptive parent(s) with the following forms, including explanations and instructions:

(1) JFS 01615 completed and signed.

(2) JFS 01449 indicating the child does not have a special need for medical, mental health, or rehabilitative care.

(3) JFS 07334 indicating the child does not have a special need for medical, mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code.

(K) The PCSA may issue an approval for a state adoption maintenance subsidy prior to the adoptive placement of the child upon the condition that the effective date is to be no earlier than the date of adoptive placement.

(L) State adoption maintenance subsidy payments are to be made for no longer than twelve months prior to the issuance of a final decree, unless a final decree is delayed by proceedings or action under the jurisdiction of the court. If, for any other reason, finalization of the adoption does not occur within the twelve-month period of the state adoption maintenance subsidy payment, the state adoption maintenance subsidy payment is to be suspended pursuant to rule 5101:2-44-10 of the Administrative Code. Upon finalization, the suspended subsidy is to be redetermined pursuant to rule 5101:2-44-08 of the Administrative Code.

(M) Pursuant to rule 5101:2-44-12 of the Adminstrative Code, the state adoption maintenance subsidy record belonging to the adoptive parent(s) is to include documentation provided by the PCSA of compliance with paragraphs (A) and (G) to (K) of this rule.

(N) The PCSA is to assist the adoptive parent(s) in exploring other sources of assistance, support, and services before and after the adoption finalizes.

(O) The PCSA is to make copies of its adoption subsidy policy available to adoptive applicants and the public upon request. The PCSA is to also provide the applicants with the JFS 04059 "Explanation of State Hearing Procedures" in accordance with rule 5101:6-2-01 of the Administrative Code.

(P) If the PCSA determined the child did not have a special need for medical, mental health or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code, the PCSA is to terminate the child's medicaid coverage in Ohio comprehensive child welfare information system (CCWIS) when the adoption finalizes.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-05.1 Medicaid eligibility for children with special needs.

(A) An adoptive child in receipt of a JFS 01615 "Approval for State Adoption Maintenance Subsidy " may be eligible for medicaid as outlined in rule 5160:1-4-06 of the Administrative Code based only upon the child's income, resources, and special needs for medical, mental health, or rehabilitative care.

(B) In order for an adoptive child to be considered a child with special needs for medical, mental health, or rehabilitative care, the public children services agency (PCSA) responsible for determining state adoption maintenance subsidy program eligibility is to determine that, at the time of adoptive placement, the child has a medical necessity as defined in rule 5160-1-01 of the Administrative Code. The medical necessity includes at least one of the following needs or circumstances that may be a barrier to the adoptive placement without medical assistance because the child:

(1) Has a medical condition, physical impairment, or developmental disability.

(2) Has been diagnosed with a mental disorder as characterized by a behavioral, psychological, or biological dysfunction.

(3) Has been diagnosed with a substance-related disorder.

(C) Eligibility criteria:

(1) For any such child for whom the approval for state adoption special services subsidy was entered into between April 7, 1986 and June 30, 2004, medicaid eligibility as outlined in rule 5160:1-4-06 of the Administrative Code, is contingent upon the following:

(a) A determination by the PCSA administering the agreement that the child's state adoption special services subsidy case record contains sufficient documentation that the child cannot be placed with the adoptive parent(s) without medical assistance because of the child's special needs for medical or rehabilitative care.

(b) A finding by the county department of job and family services (CDJFS) of the child's residence that either the child was eligible for medicaid as outlined in rule 5160:1-4-06 of the Administrative Code, prior to the approval for state adoption special services subsidy being entered into; or that the child would have been eligible for medicaid, based on the child's income, during any of the six months prior to the approval for state adoption special services subsidy being entered into.

(2) For any child for whom a JFS 01615 was entered into on or after July 1, 2004, medicaid eligibility as outlined in rule 5160:1-4-06 of the Administrative Code, is contingent upon all of the following:

(a) A finding by the PCSA administering the agreement that the child has a medical necessity as outlined in paragraph (B) of this rule which makes the child with special needs eligible for medical, mental health, or rehabilitative care as documented on the JFS 01449 "Determination of Special Needs for Medical, Mental Health, or Rehabilitative Care."

(b) The adoptive parent(s) are eligible for a state adoption maintenance subsidy under division (B) of section 5153.163 of the Revised Code.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-05.2 Medicaid eligibility for state adoption subsidy recipient moving from or to Ohio.

(A) Residence in Ohio is a requirement for medicaid as outlined in rule 5160:1-4-06 of the Administrative Code. An adoptive child with special needs who is in receipt of an Ohio-executed state adoption subsidy and who does not live in Ohio is not eligible for Ohio medicaid even if the subsidy payment continues.

(B) An adoptive child described in paragraph (A) of this rule may be eligible for medicaid in the new residence state if one of the following applies:

(1) The new residence state has elected, in its state medicaid plan, the state option for its state adoption subsidy children.

(2) The new residence state and the Ohio department of children and youth (DCY) are parties to an interstate agreement for reciprocal medicaid coverage of state adoption subsidy children.

(3) The new residence state elects in its state medicaid plan to reciprocate with all states for medicaid coverage of state adoption subsidy children, whether or not the states are parties to an interstate agreement.

(C) If a child moves from Ohio into a new residence state, the Ohio public children services agency (PCSA) which entered into the JFS 01615 "Approval for State Adoption Maintenance Subsidy" is to:

(1) Within seven business days after notification of the child's relocation or intent to relocate to another state, forward the child's name, the name(s) of the adoptive parent(s), the new address and a copy of the current signed and dated JFS 01615 to the DCY interstate compact on adoption and medical assistance (ICAMA) state administrator.

(2) Upon notification of an additional change in the child's or family's status, the PCSA is to forward the updated information to the DCY ICAMA state administrator.

(3) Notify the adoptive parent that Ohio medicaid coverage will be terminated.

(4) Terminate Ohio medicaid coverage in Ohio comprehensive child welfare information system (CCWIS).

(5) Notify the county department of job and family services (CDJFS) that the Ohio medicaid case is to be closed, if applicable.

(D) If an adoptive child moves from Ohio to another state, the adoptive parent(s) are to inform the PCSA of the family's address and contact information within ten days of relocation.

(E) An adoptive child with special needs who is a resident of Ohio and in receipt of a state adoption subsidy agreement from another state is eligible to receive Ohio medicaid, as outlined in rule 5160:1-4-06 of the Administrative Code, if:

(1) The state which entered into the state adoption subsidy agreement has been identified as a member of ICAMA.

(2) The state which entered into the state adoption subsidy agreement is not identified as a member of ICAMA but has elected in its state medicaid plan to provide medicaid coverage for its own state adoption subsidy children.

(3) The state which entered into the state adoption subsidy agreement and DCY are parties to an interstate agreement for reciprocal medicaid coverage of state adoption subsidy children.

(F) If an adoptive child moves from another state to Ohio and has a state adoption subsidy agreement in effect with another state, the PCSA is to:

(1) Upon receipt of the ICAMA form 700 from the national ICAMA database and the state adoption subsidy agreement determine the child's eligibility for medicaid as outlined in paragraph (E) of this rule.

(2) After determination of medicaid eligibility, enter into Ohio CCWIS the Ohio medicaid effective date and an "active" status on the ICAMA record.

(G) Copies of all ICAMA forms and correspondence are to be maintained in the child's state adoption subsidy case record.

(H) The adoptive parents, whether moving from or to Ohio, are to provide the residence state with any information regarding medical assistance or insurance available to the child.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-06 Eligibility for the state adoption maintenance subsidy program.

(A) The following criteria shall be met for a child to be determined eligible to enter into an agreement for state adoption maintenance subsidy (SAMS):

(1) The child is in the permanent custody of a public children services agency (PCSA) or a private child placing agency (PCPA) and is legally available for adoption.

(2) The adoptive parent(s) has applied for the Title IV-E adoption assistance program, and the adoptive child has been determined ineligible in accordance with rules 5101:2-49-02 and 5101:2-49-02.1 of the Administrative Code. Eligibility for reimbursement of nonrecurring adoption expenses pursuant to rule 5101:2-49-21 of the Administrative Code does not constitute eligibility for Title IV-E adoption assistance.

(3) The child is either:

(a) Under the age of eighteen.

(b) Between eighteen and twenty-one years of age and is mentally or physically disabled as diagnosed by a qualified professional.

(4) A PCSA or PCPA has approved the adoptive parent for adoptive placement pursuant to rule 5101:2-48-16 of the Administrative Code. If a PCPA approved the adoptive placement, the PCPA shall provide the PCSA with the following:

(a) The JFS 01673 "Assessment for Child Placement (Homestudy)" or the JFS 01692 "Application for Adoption of a Foster Child or Sibling Group."

(b) JFS 01654 "Adoptive Placement Agreement."

(c) JFS 01616 "Social and Medical History."

(d) Child study inventory.

(5) In addition to the criteria listed in this paragraph, the agency has determined the following:

(a) The adoptive family has the capability of providing the permanent family relationships needed by the child.

(b) The needs of the child are beyond the economic resources of the adoptive family.

(c) The acceptance of the child as a member of the adoptive parent's family would not be in the child's best interest without state adoption maintenance subsidy payments.

(B) The child is a child with special needs who, prior to the finalization of adoption, has at least one of the following needs or circumstances that may be a barrier to the adoption without financial assistance:

(1) Is part of a sibling group being adopted together or part of a previously adopted biological sibling group with whom the child should be placed.

(2) Is a member of a minority or ethnic group.

(3) Is six years of age or older.

(4) Has remained in the permanent custody of a PCSA or PCPA for more than one year.

(5) Has a medical condition, physical impairment, or developmental disability.

(6) Has a mental illness as defined in Chapter 5122. of the Revised Code.

(7) His or her family has a social or medical history that establishes a substantial risk of the child acquiring a medical condition, physical impairment, or mental or developmental disability that makes it difficult to place the child for adoption without the provision of SAMS. The condition is to be diagnosed by a qualified professional. For the purpose of this rule, a "qualified professional" is an audiologist, licensed independent social worker, licensed professional clinical counselor, physician, physician assistants, or orthopedist, marriage and family therapist, psychiatrist, psychologist or speech/language pathologist or other licensed/certified professionals that are under the direct supervision of any of the professionals listed in this paragraph. The qualified professional is to:

(a) Diagnose a medical, or physical impairment, or mental or developmental disability within the professional's area of expertise.

(b) Not be responsible for providing casework services to the child.

(c) Provide a clear written statement of the child's diagnosis supported by an assessment or evaluation which includes an opinion as to the origin of the problem, past history, prognosis and recommendations related to future treatment needs.

(8) Has been in the home of his or her prospective adoptive parents as a foster child for at least six months and would experience severe separation and loss if placed in another setting due to his or her significant emotional ties with these foster parents as determined and documented by a qualified mental health professional.

(9) Has experienced previous adoption disruption or multiple placements.

(C) At the time of the initial application, an adoptive family is eligible for payments under SAMS if all the requirements in paragraphs (A)(1) to (A)(5) of this rule and at least one of the criteria listed in paragraphs (B)(1) to (B)(9) of this rule are met and the adoptive parent's annual gross income does not exceed one hundred twenty per cent of the median income of a family of the same size, as most recently determined for this state pursuant to division (B) of section 5153.163 of the Revised Code.

(D) The adoptive parent(s) is to complete the JFS 01613 "Application for State Adoption Maintenance Subsidy" and provide verification of the family's annual gross income by submitting the following as applicable:

(1) The most recent U.S. department of internal revenue service (IRS) income tax form.

(2) Proof of receipt of benefits from the social security administration.

(3) Proof of receipt of workers compensation.

(4) Any other income verification from other providers of pension benefits.

(5) Grant funds received in accordance with rule 5101:2-44-15 of the Administrative Code are not to be considered when reviewing the verification of the family's annual gross income.

(E) Approval or denial of the JFS 01613 is to occur prior to the adoption finalization.

(F) The SAMS payment amount shall be agreed upon between the PCSA and the adoptive parent(s) and shall be based upon the needs of the adoptive child and in accordance with the PCSA's adoption policy.

(G) If paragraphs (A)(1) to (A)(5) of this rule are met and paragraph (B)(7) of this rule is the sole special needs determination that the child is a child with special needs, the PCSA is to enter into an agreement with the adoptive parent(s) with no payment. The adoptive parent(s) may request an amendment of the agreement to include subsidy payments if the child develops a condition, impairment, or disability as described in paragraph (B)(7) of this rule.

(H) For the beginning of each state fiscal year a procedure letter that identifies the maximum monthly funding level for SAMS will be published on the Ohio department of job and family services (ODJFS) website. If a PCSA negotiates a payment in excess of the maximum SAMS payment identified in the procedure letter, the PCSA shall enter into a separate county agreement with the adoptive parent for a county adoption maintenance subsidy (CAMS).

Last updated February 9, 2026 at 7:36 PM

History

• Effective: August 5, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-08 Redetermination and amendment of a state adoption maintenance subsidy.

(A) This rule does not apply when the Ohio department of children and youth (DCY) determines that state funds are not available to maintain the state adoption maintenance subsidy (SAMS) program at the current maximum monthly funding level. At the beginning of each state fiscal year, DCY is to issue a communication that identifies the maximum monthly funding level for the SAMS.

(B) The public children services agency (PCSA) is to complete a redetermination of each SAMS one year from the initial effective date of the JFS 01615 "Approval for State Adoption Maintenance Subsidy."

(C) Redeterminations are to include the following:

(1) The PCSA is to provide written notice of the redetermination to the adoptive parent(s) at least ninety days prior to the annual redetermination date of the JFS 01615.

(2) The redetermination notice is to request the adoptive parent(s) return the following applicable documents within forty-five days of the annual redetermination date:

(a) The most recent U.S. department of internal revenue service (IRS) income tax form.

(b) Proof of receipt of benefits from the social security administration.

(c) Proof of receipt of workers compensation.

(d) Any other income verification from other providers including pension benefits.

(e) Grant funds received in accordance with rule 5101:2-44-15 of the Administrative Code are not to be considered when reviewing the verification of the family's annual gross income.

(3) In the event of a judicial determination that alters the custody status in place during the time of the determination, the redetermination is to be completed using the income of both adoptive parents. This rule does not supersede any judicial determination made by the court concerning the SAMS payment.

(D) The PCSA is to determine from the verification submitted by the adoptive parent(s) if the adopted child and adoptive parent(s) remain eligible.

(E) The PCSA is to complete the JFS 01614 "Redetermination or Amendment of a State Adoption Maintenance Subsidy" at least thirty days prior to the annual redetermination date of the JFS 01615.

(1) If the redetermination results in no change in the amount of SAMS, the PCSA is to use the JFS 01614 to inform the adoptive parent(s) of the results and the effective date of the subsidy.

(2) If the redetermination results in a decrease, suspension or termination of the state adoption maintenance subsidy, the PCSA is to use the JFS 01614 to inform the adoptive parent(s) of the reason for the action, its effective date and submit the JFS 04065 "Prior Notice of Right to a State Hearing" pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code, informing the adoptive parent(s) the right to a state hearing.

(3) If the redetermination results in an increase, the PCSA is to enter into a separate county agreement with the adoptive parent(s) for a county adoption maintenance subsidy.

(F) If the adoptive parent(s) fails to comply with the requirements of a redetermination as described in this rule, the PCSA is to suspend the SAMS pursuant to rule 5101:2-44-10 of the Administrative Code after ninety days and terminate the SAMS pursuant to rule 5101:2-44-11 of the Administrative Code after one hundred eighty days from the redetermination date.

(G) An amendment is to be reviewed when requested by the adoptive parent(s) or if the PCSA is aware of:

(1) Any change in the adoptive child's or adoptive parent(s) eligibility status.

(2) The need for an addition or deletion of the SAMS.

(H) Upon written request by the adoptive parent(s) for an amendment, the PCSA is to do all of the following:

(1) Review the request to amend the SAMS.

(2) Make a determination within thirty days once all documentation to review the amendment is received.

(3) Use the JFS 01614 and the JFS 04065 to inform the adoptive parent(s) of the reason for the action, the effective date and of their right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(I) Adoptive parent(s) receiving SAMS are to report any significant change in the adoptive family's financial situation or the adoptive child's special needs within thirty days of the change to the PCSA that approved the state adoption maintenance subsidy.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-09 Requirements for the state adoption special services subsidy program approved before July 1, 2004.

(A) For state adoption special services subsidy approvals in effect before July 1, 2004, the public children services agency (PCSA) may continue to provide the state adoption special services subsidy based upon the adoptive child's continued need for developmental, medical, or mental health services.

(B) If the PCSA elects to continue the state adoption special services subsidy program, as outlined in rule 5101:2-44-03 of the Administrative Code, for approvals in effect before July 1, 2004, the PCSA is to redetermine the state adoption special services subsidy under the following circumstances:

(1) Annually, or more often than annually upon written request of the adoptive parent(s).

(2) When the PCSA is aware of substantial changes in the adoptive family's economic resources or the adoptive child's special need(s).

(C) To redetermine or amend the state adoption special services subsidy the PCSA is to:

(1) Provide the adoptive parent(s) with written notice of the upcoming redetermination at least sixty days prior to the anniversary date of the effective state adoption special services subsidy or most recent redetermination or amendment.

(2) Provide the adoptive parent(s) with the JFS 01681 "Applicant Financial Statement."

(3) Provide the adoptive parent(s) with the JFS 04059 "Explanation of State Hearing Procedures."

(4) Determine, from verification submitted by the adoptive parent(s), if the adoptive child continues to have a special need(s) and if the special need(s) is beyond the economic resources of the adoptive family.

(5) Provide written notification to the adoptive parent(s) of the redetermination outcome at least fifteen days prior to the annual anniversary date of the initial state adoption special services subsidy or most recent redetermination, or within thirty days of a request for an amendment.

(D) The adoptive parent(s) are to provide the PCSA with a completed and updated JFS 01681 in order to redetermine the state adoption special services subsidy.

(E) The PCSA is to suspend the state adoption special services subsidy if the adoptive parent(s) fails to comply with the requirements of a redetermination as described in this rule.

(F) The PCSA is to terminate the state adoption special services subsidy if six months have elapsed from the redetermination date and the adoptive parent(s) still fails to comply with the requirements as described in this rule.

(G) If the PCSA elects to discontinue the state adoption special services subsidy program for approvals entered into before July 1, 2004, the PCSA is to:

(1) Continue the state adoption special services subsidy until completion of the annual redetermination process.

(2) Provide the adoptive parent(s), at least sixty days prior to the anniversary date of the effective state adoption special services subsidy or most recent redetermination or amendment, with:

(a) Written notice of the upcoming redetermination.

(b) Written notice of the PCSA's intent to discontinue the state adoption special services subsidy program.

(c) The JFS 04059.

(3) Terminate the state adoption special services subsidy and provide written notification of the termination at least fifteen days prior to the annual anniversary date, most recent redetermination, or within thirty days of a request for an amendment.

(H) PCSAs continuing the state adoption special services subsidy program may suspend the state adoption special services under the following circumstances:

(1) The adoptive parent(s) requests a suspension.

(2) The adoptive child enters military service.

(3) The adoptive parent(s) are no longer providing financial support for the child.

(I) If the redetermination results in a decrease, suspension or termination of the state adoption special services subsidy, the PCSA is to use the JFS 04065 "Prior Notice of Right to a State Hearing" to inform the adoptive parent(s) of the reason for the action, its effective date and the right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-10 Suspension of a state adoption maintenance subsidy.

(A) The PCSA is to suspend the state adoption maintenance subsidy (SAMS) if any of the following circumstances occur:

(1) Twelve months have elapsed from the initial issuance of the SAMS payments and no adoption finalization has occurred, unless the final adoption decree is delayed by proceedings or action under the jurisdiction of the court.

(2) The annual gross income of the adoptive parent(s) exceeds one hundred and twenty per cent of the median income of a family of the same size. Included in the family size count is the adoptive child, pursuant to rule 5101:2-44-06 of the Administrative Code.

(3) The adoptive parent(s) fails to comply with a redetermination of eligibility pursuant to rule 5101:2-44-08 of the Administrative Code.

(4) The adoptive child enters military service.

(5) The adoptive parent(s) requests suspension.

(B) The PCSA is to send notification of the suspension at least thirty days prior to the effective date of the suspension and include the reason for the suspension and a description of the procedures for a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(C) The PCSA is to make a redetermination of a suspended SAMS pursuant to rule 5101:2-44-08 of the Administrative Code within thirty days upon the request of the adoptive parent to activate SAMS. Annual redetermination of a suspended SAMS is not required.

(D) If the adoptive child has been determined eligible for medicaid pursuant to rule 5101:2-44-05.1 of the Administrative Code, the suspension of the SAMS payment does not impact the child's medicaid eligibility.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-11 Termination of a state adoption maintenance subsidy.

(A) The public children services agency (PCSA) is to terminate the state adoption maintenance subsidy (SAMS) if any of the following circumstances occur:

(1) The adoptive child's death.

(2) The adoptive parent(s) are no longer financially supporting the child. An adoptive parent(s) is financially supporting the child if the adoptive parent(s) provides the child with shelter, food and clothing or child support.

(3) The adoptive child does one of the following:

(a) Reaches the age of eighteen.

(b) Reaches age twenty-one and has been eligible because the child is mentally or physically disabled.

(4) The terms of the state adoption maintenance subsidy have been fulfilled.

(5) Six months have elapsed from the redetermination date and the adoptive parent fails to comply with a redetermination of eligibility pursuant to rule 5101:2-44-08 of the Administrative Code.

(6) The adoptive parent(s) requests termination.

(B) The PCSA is to send notification of the termination using the JFS 04065 "Prior Notice of the Right to a State Hearing" at least fifteen days prior to the effective date of the termination and include the reason for the termination and the right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-12 State adoption maintenance subsidy records.

(A) The public children services agency (PCSA) is to establish a state adoption maintenance subsidy record for each child's application for a state adoption maintenance subsidy (SAMS).

(B) The state adoption maintenance subsidy record is to contain all information applicable to the adoption maintenance subsidy including, but not limited to the following:

(1) JFS 01654 "Adoptive Placement Agreement."

(2) JFS 01613 "Application for State Adoption Maintenance Subsidy."

(3) Copy of the Title IV-E adoption assistance denial to include the JFS 01451 "Title IV-E Adoption Assistance Application," JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" and the JFS 07334 "Notice of Denial of Your Application for Assistance."

(4) Documentation of the adoptive child's special needs.

(5) Verification of family's annual gross income at initial application and redeterminations.

(6) JFS 01615 "Approval for State Adoption Maintenance Subsidy Agreement."

(7) JFS 01614 "Redetermination or Amendment of a State Adoption Maintenance Subsidy."

(8) Any JFS 04065 "Prior Notice of the Right to a State Hearing" or JFS 07334, if applicable.

(9) JFS 01449 "Determination of Special Needs for Medical, Mental Health or Rehabilitative Care" to determine whether the child has or does not have special needs for medical, mental health, or rehabilitative care.

(10) Copy of the final decree of adoption.

(11) Case notes and dictations concerning the activities of the state adoption maintenance subsidy case.

(12) Requests for and findings of any state hearings or administrative appeals conducted pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(13) Child study inventory.

(14) JFS 01616 "Social and Medical History."

(15) JFS 01673 "Assessment for Child Placement (Homestudy)" or JFS 01692 "Application for Adoption of a Foster Child or Sibling Group."

Last updated February 9, 2026 at 7:36 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-13 Administration of the post adoption special services subsidy (PASSS) program.

(A) The Ohio department of job and family services (ODJFS) is responsible for the administration and determination of eligibility for the post adoption special services subsidy (PASSS) program. The department may contract with another person to carry out any of the duties described in this rule.

(B) An adoptive family seeking a post adoption special service subsidy is to:

(1) Submit a JFS 01050 "Application for Post Adoption Special Services Subsidy" online at https://ohiokan.jfs.ohio.gov/ or

(2) Make contact with the Ohio kinship and adoption navigator (OhioKAN) program by phone, email or in person.

(C) OhioKAN staff will make contact with the family to assist in obtaining other needed documentation for the completed application. The completed application will consist of the following documentation:

(1) The JFS 01050 "Application for Post Adoption Special Services Subsidy."

(2) The JFS 01051 "Application for Additional Post Adoption Special Services Subsidy (PASSS) Funding for Extraordinary Circumstances," if applicable.

(3) The JFS 01052 "Credentials of Professional Providers of PASSS Funded Therapeutic Services and Memorandum of Understanding," if applicable.

(4) The JFS 01681 "Applicant Financial Statement."

(5) Any other documentation requested to aid in the approval process.

(D) OhioKAN staff are to work with the adoptive family to provide assistance to the adoptive parent(s) in exploring other sources of support and services for the child prior to forwarding the application and accompanying documentation to ODJFS.

(E) OhioKAN staff are to inquire if the child who is receiving medicaid is enrolled in the OhioRISE program. If the child is not enrolled in the OhioRISE program the child will be referred to the program.

(F) OhioKAN staff are to forward the completed application and all required documentation as outlined in rule 5101:2-44-13.1 of the Administrative Code to the ODJFS within fifteen calendar days.

(G) ODJFS is to review all documentation described in paragraph (C) of this rule and recommend the services and level of funding to be provided by the PASSS program to the adoptive family.

(H) PASSS funds are to be used for the following:

(1) Services that aid in maintaining the child in the home of the adoptive parent.

(2) Services that will reduce serious psychological risk for the child or serious physical risk for the child or others. Serious psychological or physical risk is defined as a progressive psychological or physical illness, injury, or impairment that will continue over an extended period of time and requires direct supervision by a qualified professional as outlined in rule 5101:2-44-13.1 of the Administrative Code. If such services are for a child not residing in the home, the requested services are to focus on specific reunification goals that enable the child to return home.

(3) Medical services designed to relieve or correct preadoptive health care problems.

(I) Approval of the PASSS application will be based on the following:

(1) The review of supporting documentation as specified in rule 5101:2-44-13.1 of the Administrative Code.

(2) Whether the application requirements of rule 5101:2-44-13.1 of the Administrative Code are met.

(3) A determination that the individual services requested by the family are appropriate.

(J) The family is to receive written notice of approval or denial on the "Approval or Denial for Post Adoption Special Services Subsidy" report generated from the Ohio statewide automated child welfare information system (SACWIS) to the adoptive family within five days of the decision to approve or deny the application, but no later than forty-five days of submission of the completed application.

(K) In the event an individual receives a denial notice the individual has the right to appeal the decision by requesting a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(1) The individual has fifteen calendar days from the mailing date of the denial notice to request a state hearing.

(2) The individual may withdraw the state hearing request at any time prior to a state hearing decision being issued.

(L) ODJFS will approve PASSS funding for eligible applicants as long as state funds are available. In the event state funding is no longer available, the PASSS program will close to new applications until July first of the following state fiscal year (SFY). Once state funds have been exhausted, ODJFS may not be held responsible for payment of services for applications that have not been approved.

(M) PASSS funds are not to supplant medicaid funding if the child is eligible for coverage under the medicaid program.

(N) ODJFS may consider approving services requested under the following conditions:

(1) The child is not eligible for medicaid.

(2) The service recommended by a qualified professional for the child's treatment is not a covered service under medicaid.

(3) The service requested by the family is not covered under the family's insurance.

(4) The provider of the recommended service does not accept medicaid or is not covered by the family's insurance.

(O) The amount funded is not to exceed the amount paid for the same service provided by a medicaid provider if the applicable service requested is covered under medicaid pursuant to: appendix DD to rule 5160-1-60 of the Administrative Code or appendix A to rule 5160-27-03 of Administrative Code for mental health services.

(P) If the service is not covered under medicaid, the amount funded is to be a reasonable amount and is to meet the guidelines of the qualified professional's licensing body standards. The licensing body is the entity that has provided the license for the individual to practice in their profession.

(Q) Invoices are to be submitted as services are rendered. All invoices submitted for payment that comply with Chapter 5101:2-44 of the Administrative Code will be paid by ODJFS if submitted no later than September thirtieth, after the close of the state fiscal year in which the applications were approved.

(R) Each approved PASSS application is to be reviewed by ODJFS within twenty days after the state fiscal quarter in which it was approved, and every subsequent quarter within the SFY, to determine if the funding is being utilized.

(S) ODJFS is to notify families who have not utilized approved funds, within five days of completion of the review, of its intent to release these funds for that quarter unless the family provides adequate justification within twenty days of receipt of the notice as to why the funds were not used.

(T) If ODJFS does not accept the justification offered by the family, ODJFS is to release the funds in question and the family is responsible for the payment of services.

(U) If ODJFS releases the funds, it is to provide the family information regarding the right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: July 1, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-44-13.1 Eligibility and application process for the post adoption special services subsidy (PASSS) program.

(A) Post adoption special services subsidy (PASSS) is a state-funded program designed to assist eligible adoptive families, after adoption finalization, to receive services consistent with paragraphs (G) to (P) of this rule.

(B) PASSS funding is based on a state fiscal year (SFY), July first through June thirtieth. Once the application is approved the family is eligible from the first day of the month in which the completed application is approved, however the family may submit the invoice from the initial assessment or evaluation required as part of the application process. Applicants may only request funding for services rendered during the SFY in which the JFS 01050 "Application for a Post Adoption Special Services Subsidy" is made. A new JFS 01050 is to be submitted if additional services are requested during the same SFY or any subsequent SFY. The new application is to contain updated information, if applicable, as outlined in paragraph (F) of this rule, including updated financial information.

(C) Pursuant to section 5101.1418 of the Revised Code administration of PASSS will transition to the Ohio department of job and family services effective July 1, 2022. All invoices for services approved for SFY 2022, are to be paid by the PCSA and entered into Ohio SACWIS for reimbursement by the PCSA by September 30, 2022. The public children services agencies are not to accept PASSS applications for services that start after June 30, 2022. The PCSAs are to forward any applications for services that will start on or after July 1, 2022 to OhioKAN or ODJFS within fifteen calendar days of receiving the application.

(D) All of the following requirements are to be met to be eligible for PASSS:

(1) The child resides in Ohio and the home of the adoptive parent(s) in which the application is made.

(2) The child has been adopted by someone other than a step parent.

(3) The child has a physical or developmental disability or mental or emotional condition that either:

(a) Existed before the adoption petition was filed.

(b) Developed after the adoption petition was filed and can be directly attributed to factors in the child's preadoption background or medical history, or biological family's background or medical history.

(4) The child meets either of the following requirements:

(a) The child is under the age of eighteen.

(b) The child is at least eighteen years of age and less than twenty-one years of age and has been diagnosed with one of the disabilities defined in this paragraph:

(i) Mental or emotional disability is a mental illness or emotional disturbance that impairs the ability to meet activities of daily living.

(ii) Developmental disability is a developmental delay or intellectual disability that limits functioning.

(iii) Physical disability is a vision, speech or hearing impairment; congenital orthopedic impairment, orthopedic impairment caused by disease, or orthopedic impairment from other causes (e.g., amputation); impairment caused by chronic or acute health problems (e.g., rheumatic fever); or a concomitant of the aforementioned.

(5) Other sources of assistance are inadequate or are unavailable to meet the child's immediate needs.

(E) Families are to start the application process in person, online or by calling the Ohio kinship and adoption navigator (OhioKAN) program.

(F) OhioKAN staff are to submit a completed JFS 01050 "Application for Post Adoption Special Services Subsidy" with the following documentation to ODJFS:

(1) A clear written statement of the child's needs as defined in paragraph (D)(3) of this rule. The statement is to be supported by an assessment or evaluation from a qualified professional including an opinion as to the origin of the problem, past history, prognosis and recommendations related to future treatment needs. For the purpose of this rule, a qualified professional is defined as a licensed independent social worker (LISW), professional counselor licensed by section 4757.23 of the Revised Code, physician, physician assistant, certified nurse practitioner, chiropractor, dentist, orthodontist, psychiatrist, psychologist, or occupational, physical or speech therapist, a licensed social worker (LSW) or other licensed/certified professionals who are under the direct supervision of any of the professionals listed in this paragraph. The qualified professional is not to be responsible for providing public casework services to the child. The qualified professional's diagnosis of disability or condition is to be within the professional's area of expertise.

(2) A completed JFS 01052 "Credentials of Professional Providers of PASSS Funded Therapeutic Services and Memorandum of Understanding," if applicable.

(3) A written statement that clearly indicates why the requested service is not within the resources of the family, a copy of the JFS 01681 "Applicant Financial Statement" and a copy of the family's most recent IRS tax return.

(4) A listing of community resources, as outlined on the JFS 01050, that have been contacted including the date and results of those contacts. OhioKAN staff is to work with the family to identify and exhaust other resources prior to submitting the JFS 01050.

(5) A copy of the relevant provisions in any public or private health insurance policy held by the family regarding the child's eligibility for services and the services that are covered under the policy.

(6) OhioKAN staff are to assist families in gathering any documentation needed.

(G) As a condition of continued eligibility for PASSS funds, the adoptive parent(s) is to submit a copy of the child's treatment plan, completed by the service provider, which details the therapeutic intervention(s) that will be provided to the child for the period in which the JFS 01050 will be in effect. The treatment plan is to be submitted to ODJFS within forty-five days of the adoptive child's initial visit to the provider. If ODJFS has not received the treatment plan within forty-five days, ODJFS is to mail the family a JFS 01049 "Verification of Treatment Plan" letter.

(H) If ODJFS does not receive the treatment plan by the sixtieth day PASSS funds are subject to suspension.

(I) ODJFS may encumber PASSS funds for the reasonable costs of services for any of the following allowable services:

(1) Medical and surgical services. All medical and surgical services are to be determined to be medically necessary by a qualified professional. The medically necessary service is to be the lowest cost alternative that effectively addresses and treats the child's medical problem(s). Medical and surgical services are not to include the cost of dental or orthodontia unless documentation can be provided that the service is medically necessary and meets the criteria of paragraphs (D)(3)(a) and (D)(3)(b) of this rule.

(2) Psychiatric, psychological, and counseling services. All psychiatric, psychological and counseling services are to be determined to be necessary by a qualified professional. These services can include:

(a) Specialized therapeutic camps that offer services that are provided by a qualified professional listed in paragraph (F)(1) of this rule. The invoice for these services is to be itemized to indicate the cost of the therapeutic components of the program. Only the therapeutic cost will be covered these are not to include food or meals, lodging, or recreational activities.

(b) Brain balance programs that offers services that are provided by a qualified professional listed in paragraph (F)(1) of this rule. The invoice for these services is to be itemized to indicate the cost of the therapeutic components of the program. Only the therapeutic cost will be covered.

(3) Residential treatment, treatment foster care or in-patient hospitalization services (excluding private non-profit, therapeutic wilderness camps) if required by psychiatric, psychological or counseling needs and approved by a qualified professional.

(a) These services may include maintenance costs as long as the costs are included as part of a residential treatment, treatment foster care or in-patient hospitalization program.

(b) Residential treatment services are not to include the cost of educational services.

(c) Approved services for any type of residential treatment facility or treatment foster care home are to be provided by a residential facility or treatment foster care home that is licensed by the Ohio department of job and family services (ODJFS) or the Ohio department of mental health and addiction services (OMHAS) or a comparable agency which is recognized by a state or a similar licensing body.

(4) Respite care services for the purpose of this rule are defined as services designed to provide planned or emergency temporary relief of child caring functions. Respite care services may provide planned or emergency short-term and time-limited breaks for families of children with medical, surgical or mental health needs of the child. Respite care services are to be administered by an independent provider who resides outside the family home. A relative may provide respite for a child that may have behaviors or needs that are best addressed by that provider. Respite care services are not hospice, regular child care, therapy, nursing services and other rehabilitative services. Respite care services may be approved for:

(a) Medical and surgical respite care services if required by medical or surgical needs of the child. Medical and surgical respite care services are not to exceed two thousand four hundred dollars per child per SFY. ODJFS may elect, on a case by case basis, to approve up to an additional two thousand four hundred dollars per child per SFY for medical and surgical respite care services under special circumstances.

(b) Mental health respite care services if required by psychiatric, psychological or counseling needs. Mental health respite care services are not to exceed two thousand four hundred dollars per child per SFY. ODJFS may elect, on a case by case basis, to approve up to an additional two thousand four hundred dollars per child per SFY for mental health respite care services under special circumstances.

(J) Special circumstances may include:

(1) The family demonstrating a financial need.

(2) A written statement of the child's need from a qualified professional.

(K) Approved services are to address the child's physical or developmental disability or mental or emotional condition that either existed before the adoption petition was filed or developed after the adoption petition was filed and can be attributed to factors in the child's preadoption background, medical history, or biological family's background or medical history.

(L) Approved services that involve any type of therapy are to be provided by a qualified professional, as outlined in this rule, and the JFS 01052, who is practicing within their scope of practice as noted by their education, training and experience. The provider is to indicate that their therapeutic interventions will comply with all treatment aspects contained in rules 5122-26-16, 5122-26-16.1, and 5122-26-16.2 of the Administrative Code.

(M) Invoices for approved services are to be dated after the approval date listed on the "Approval or Denial for Post Adoption Special Services Subsidy" report. The only exception is the initial assessment or evaluation as described in paragraph (F)(1) of this rule.

(N) Except as provided in paragraph (O) of this rule, no more than ten thousand dollars is to be encumbered for any one child in one SFY.

(O) If ODJFS determines that either of the following exists, the limit outlined in paragraph (N) of this rule may be increased up to five thousand dollars for a total of fifteen thousand dollars per child per SFY if:

(1) The family's income and resources substantially decreased due to the involuntary loss of employment and the family has completed the JFS 01051 "Application for Additional Post Adoption Special Services Subsidy (PASSS) Funding for Extraordinary Circumstances."

(2) A qualified professional as described in paragraph (F)(1) of this rule recommends residential treatment, in-patient hospitalization, or therapeutic foster care to prevent disruption of the adoption. This recommendation is to be submitted along with a copy of the JFS 01051.

(P) If a family is requesting additional PASSS funding and meets the requirements outlined in paragraph (O) of this rule, ODJFS may review and approve the JFS 01051 along with the initial JFS 01050.

(Q) The adoptive parent or parents who receive PASSS funds are required to pay at least a five per cent co-pay of the total cost of all approved services provided to the child.

(1) If the gross income of the child's adoptive family is less than two hundred per cent of the federal poverty guideline, ODJFS may waive the five per cent requirement.

(2) If the service amount is higher than the approved amount, the adoptive parent is responsible for the co-pay percentage amount and the overage cost of the service.

(R) Interventions involving planned physical restraint or coercion (e.g., "compression holding" or "rebirthing therapy"), or promotion of regression for "reattachment" are not to be provided utilizing PASSS dollars. In addition, the following therapeutic techniques are not permitted on a treatment plan to be paid from PASSS funds under any circumstances:

(1) Face down restraint with back pressure.

(2) Any technique that obstructs the airway or impairs breathing.

(3) Any technique that obstructs vision.

(4) Any technique that restricts the recipient's ability to communicate.

(5) Pepper spray, mace, handcuffs or electronic restraint devices such as stun guns.

(6) A drug or medication that is used as a restraint to control behavior or restrict the individual's freedom of movement that is not a standard treatment for the individual's medical or psychiatric condition.

(S) The following services are not subject to approval for PASSS for funding:

(1) Educational services such as tuition and tutoring.

(2) Cosmetic dental and/or orthodontia services.

(3) Medical and/or mental health co-payments, prescriptions and/or prescription co-payments.

(4) Any recreational services including but not limited to karate, gymnastics, dance classes and fitness club memberships.

(5) Travel related expenses such as mileage reimbursement, airfare, lodging etc., and automobile purchases and repairs. PASSS funding may be used for specific types of vehicle modifications, e.g. lift added to van, car or transportation services that are related to the child's special needs.

(6) Computer equipment and software that has not been recommended by a qualified professional that will help or improve the mental and physical condition of the child.

(7) Child care services.

(8) Property fences.

(9) Food, meal supplements and nutrition drinks.

(10) Service animals.

(11) Services provided by a PCSA or private child placing agency (PCPA) to make arrangements for adoptive placements.

(12) Services that are equivalent to or are of greater benefit to other members of the family, not including family counseling and respite.

(13) Services to a child for whom a parent-child relationship does not exist.

(14) Services that facilitate contact with a parent whose rights have been terminated.

(15) Services for a child in the custody of a PCSA, PCPA, court or any other agency.

(16) Legal fees to finalize the adoption or for any other legal action.

(T) ODJFS may approve PASSS funding for the child's insurance deductible, if the service is covered by private insurance, in lieu of approving PASSS funds for the cost of services for the child. Applications will be reviewed on case by case basis, if it is determined that it would be more cost effective to pay the insurance deductible rather than to pay the cost of the services.

Last updated February 9, 2026 at 7:36 PM

History

• Effective: July 1, 2022
• Promulgated Under: 119.03

Chapter 5180:2-45 Title IV-E Candidate for Family First Prevention Services (FFPS) Program

Ohio Adm.Code 5180:2-45-01 Administration of the Title IV-E candidate for family first prevention services (FFPS) program.

(A) The primary objectives of the Title IV-E candidate for FFPS program are:

(1) To help keep children at imminent risk of removal safely with their families and avoid the traumatic experience of entering foster care.

(2) To emphasize the importance of children growing up in families.

(B) The Title IV-E agency may claim administrative expenditures for reimbursement only if FFPS are a direct responsibility of the Title IV-E agency. The Title IV-E agencies are to:

(1) Ensure the proper administration of funds, allocated or reimbursed.

(2) Determine eligibility for the FFPS program.

(3) Maintain a family case plan or prevention services plan which clearly indicates at least one trauma informed, evidence-based FFPS for each eligible child.

(4) Make available documentation which supports the child's eligibility for FFPS. Documentation can include hard copy files, electronic files or a combination of both.

(5) Facilitate service planning and provision of services under the FFPS program.

(6) Claim administrative costs in the same month that it determines and documents a child is a candidate for FFPS through the random moment sample (RMS) time study.

(C) Beginning federal fiscal year (FFY) 2022 through FFY 2026, costs of FFPS are reimbursable at fifty per cent of federal financial participation (FFP) under Title IV-E.

(D) Beginning in FFY 2027, FFPS are reimbursable at the applicable federal medicaid assistance percentages (FMAP) rate for the state.

(E) In FFY 2022 and FFY 2023, at least fifty per cent of the amounts expended by the state for a FFY for the FFPS program are to be for services that meet the "supported" and/or "well-supported" practice criteria. Beginning with FFY 2024 and for all FFYs going forward, states are to meet the fifty per cent "well-supported" practice criteria.

(F) FFPS are to be at least one of the allowable types of services that have been rated by the Title IV-E prevention services clearinghouse, are identified in the state's five-year FFPS plan, and are provided by an approved provider through the center of excellence (COE).

(G) Title IV-E agency administrative and training costs associated with the FFPS program will be reimbursed at fifty per cent.

(H) FFPS program eligibility and program reimbursability are to be concurrently achieved before any reimbursement may be issued.

(I) FFPS program administrative reimbursement will not be discounted by the eligibility ratio.

Last updated August 14, 2026 at 1:27 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-45-02 Title IV-E candidate for family first prevention services (FFPS) program eligibility.

(A) The Title IV-E agency may provide FFPS to eligible candidates and the child's parent(s) or kinship caregiver(s). FFPS for a child who is able to remain safely in the home of a parent(s) or kinship caregiver(s), with at least one identified approved, evidence-based practice service in place, is to be reimbursed to the Title IV-E agency as outlined in rule 5101:2-45-03 of the Administrative Code. Kinship caregiver(s) has the same meaning as in section 5101.85 of the Revised Code.

(B) A candidate for FFPS is a child, who has a screened-in report, is not in the legal responsibility for the care and placement/custody of a Title IV-E agency, is at imminent risk of removal, and at least one of the following apply:

(1) A child who has an open in-home child welfare case and is receiving services. This includes the following types of open in-home cases:

(a) Court ordered protective supervision.

(b) Voluntary cases.

(c) Children with an in or out of home (including with kinship caregiver(s)) safety plan.

(d) Children receiving services from at least one other system in the community which may include but is not limited to juvenile justice, behavioral health, or developmental disabilities.

(e) Infants identified as being substance exposed or as being substance affected by abuse of legal or illegal substances, withdrawal symptoms, or a fetal alcohol spectrum disorder who have assessed safety factors and risk contributors.

(2) Siblings and other children in the home of a child in foster care who are:

(a) Living with the parent(s) or kinship caregiver(s) who the child in foster care was removed from; and

(b) Participants on an open case with a goal of reunification for the child who is in foster care.

(3) Siblings and other children in the home of a child who has experienced a screened-in fatality or near fatality with a substantiated or indicated disposition and has assessed safety factors and risk contributors.

(4) Children who have discharged from legal responsibility for the care and placement/custody and achieved permanency within the last twelve months and the parent(s) or kinship caregiver(s) agrees to ongoing services.

(5) Children who have been adopted within the last twelve months and there are assessed safety factors and risk contributors.

(6) Children who are at risk of experiencing an adoption dissolution.

(C) Pregnant or parenting youth in foster care in need of prevention services, including those youth who are in extended foster care, are also eligible when services are designated in the family case plan or prevention services plan prior to the provision of services.

(D) Candidates for FFPS eligibility will be determined in the statewide automated child welfare information system (SACWIS) by the Title IV-E agency representative when all FFPS eligibility requirements are met.

(E) A Title IV-E agency may provide FFPS to or on behalf of the child for a twelve-month period. An additional twelve-month period, including for contiguous twelve-month periods, can be added when it is determined that the child remains eligible and documented in the child's family case plan or prevention services plan.

(F) FFPS eligibility ends when the child no longer meets the requirements listed in paragraph (B) or (C) of this rule or when the Title IV-E agency assumes the legal responsibility for the care and placement/custody of the child.

(G) A new FFPS episode should be created in SACWIS for pregnant or parenting youth coming into the legal responsibility for the care and placement/custody of a Title IV-E agency.

Last updated August 14, 2026 at 1:27 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-45-03 Reimbursement for Title IV-E candidate for family first prevention services (FFPS) program.

(A) FFPS are to be at least one of the following reimbursable types of services, provided by a culturally competent qualified provider(s) who provides diverse and equitable services, that have been rated and approved by the Title IV-E prevention services clearinghouse https://preventionservices.abtsites.com/, are identified in the state's five-year Title IV-E FFPS program plan and are provided by an approved provider through the center of excellence (COE):

(1) Mental health services.

(2) Substance abuse prevention and treatment services.

(3) In-home parent skilled-based programs, which include parenting skills training, parent education and individual and family counseling, which do not have to be delivered in the home.

(B) The services outlined in paragraph (A) of this rule are to be:

(1) Rated as promising, supported, or well-supported as outlined in the law and in accordance with health and human services (HHS) practice criteria as part of the Title IV-E prevention services clearinghouse.

(2) Utilizing a trauma-informed approach and trauma-specific interventions.

(3) Specified in advance in the child's family case plan or prevention services plan.

(C) FFPS costs are reimbursable to the Title IV-E agency at the appropriate federal financial participation (FFP) amount when the FFPS are paid for through state and local funds:

(1) Beginning federal fiscal year (FFY) 2022 through FFY 2026, costs of FFPS are reimbursable at fifty per cent FFP under Title IV-E.

(2) Beginning in FFY 2027, FFPS are reimbursable at the applicable federal medicaid assistance percentages (FMAP) rate for the state.

(3) In FFY 2022 and FFY 2023, at least fifty per cent of the amounts expended by the state for a FFY for the Title IV-E FFPS are to be for services that meet the "supported" and/or "well-supported" practice criteria.

(4) Beginning with FFY 2024 and for all FFYs going forward, states are to meet the fifty per cent "well-supported" expenditures requirement.

(D) Costs for the proper and efficient administration of the Title IV-E FFPS program are reimbursable at fifty per cent FFP. The Title IV-E agency may claim for allowable activities including but not limited to:

(1) The development and maintenance of the child's family case plan or prevention services plan.

(2) Case management activities such as verification and documentation of program eligibility.

(3) Referral to services.

(E) FFPS and administrative costs may be claimed for an initial twelve-month period for an allowable evidence-based practice service beginning the first day of the month in which the child is identified in a prevention plan approved by the Title IV-E agency supervisor with at least one approved evidence-based practice service.

(F) An agency may claim beyond the twelve months, including for contiguous twelve-month periods when it is determined that the child remains eligible and documented in the child's family case plan or prevention services plan.

(G) Claiming for FFPS ends when the Title IV-E agency receives legal responsibility for the care and placement/custody of the child.

(H) The agreed upon amount paid by the Title IV-E agency for the FFPS are to be fully incurred by the Title IV-E agency to receive FFP.

(I) The Title IV-E agency is considered the payor of last resort and will not be considered a legally liable third party for the purposes of satisfying a financial commitment for the cost of providing FFPS that would have been paid for by a public or private source.

(J) Each Title IV-E agency is to enter all FFPS and costs into the Ohio statewide automated child welfare information system (SACWIS).

(K) To receive reimbursement a Title IV-E agency processing their payments and seeking reimbursement from SACWIS will:

(1) Record FFPS, service authorization and cost information for each person eligible for FFPS activities.

(2) Generate a payment by creating a payment request and sending the payment information to the county auditor for payment.

(3) Disburse payments through the county auditor at any point during a month. These payments will be reimbursed during the monthly reimbursement process conducted by the Ohio department of job and family services (ODJFS) on the first business day of the following month.

(4) Access reports to review all itemized reimbursements and ensure the reimbursements are accurate.

(L) Reimbursement will be payable to the Title IV-E agency responsible for paying for the FFPS. The payment amount will be calculated from the completed reimbursement processing at the applicable FFP.

(M) FFPS reimbursability is only available for a child who meets the eligibility requirements in rule 5101:2-45-02 of the Administrative Code and the child's parent(s) or kinship caregiver(s). Kinship caregiver has the same meaning as in section 5101.85 of the Revised Code.

(N) Documentation of payments for FFPS, including receipts or invoices for the payment, are to be made available upon request.

(O) Reimbursability ends when one of the following occurs:

(1) There is no longer an identified approved, trauma-informed, evidence-based practice service on the family case plan or prevention services plan.

(2) There is no longer family involvement in the identified approved, trauma-informed, evidence-based practice service.

(3) The identified candidate to the plan, who prompted the prevention services case and is over the age of fourteen, does not want to be involved.

(4) The Title IV-E agency receives legal responsibility for the care and placement/custody of the child.

Last updated August 14, 2026 at 1:27 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-45-04 Title IV-E candidate for foster care.

(A) In order for the child to be considered a Title IV-E candidate for foster care, the Title IV-E agency's involvement with the child and family is to be for the specific purpose of either removing the child from the home or satisfying the reasonable efforts judicial requirement with regard to preventing removal.

(B) A Title IV-E candidate for foster care is a child who is at imminent risk of removal from the home into foster care as evidenced by the Title IV-E agency either pursuing the child's removal from the home or making reasonable efforts to prevent such removal.

(C) The Title IV-E agency has decided that, absent these preventive services, the placement for the child would be foster care. A child is not a Title IV-E candidate for foster care when the planned out-of-home placement for the child is an arrangement outside of foster care, such as a juvenile detention facility.

(D) Title IV-E agencies are to document each child's eligibility for Title IV-E candidacy in the Ohio statewide automated child welfare information system (SACWIS).

(E) The case record is to document eligibility for Title IV-E candidacy by meeting the requirements listed under paragraph (E)(1) or (E)(2) of this rule:

(1) A defined case plan that:

(a) Is developed jointly with the parent(s) or caregiver(s) of the child.

(b) Lists the description of services offered and provided to prevent the removal of the child from the home into foster care.

(c) States the goal of the child is foster care, if the services described in the plan are not effective.

(2) Court actions in relationship to the removal of the child from the home:

(a) In a petition to the court for protective supervision in an effort to prevent removal; or

(b) In a court order that gives the agency protective supervision in an effort to prevent removal; or

(c) In a transcript of the court proceedings in paragraph (E)(2)(b) of this rule.

(F) A Title IV-E agency may claim administrative costs in the month that it determines and documents a child is a candidate for Title IV-E foster care, through the random moment sample (RMS) time study.

(G) To report juvenile court staff and department of youth services (DYS) staff activities regarding the Title IV-E program, a Title IV-E juvenile court and DYS are to complete the JFS 01794 "Juvenile Courts Random Moment Sample (JCRMS) Time Studies Observation Form."

(H) A child may be a candidate for six months or longer if the child is re-determined through a semi-annual administrative review (SAR) of the case plan or a court decision in relation to preventing the removal from the home. A Title IV-E agency is to continue to document its justification for retaining a child in a candidate status.

(I) The Title IV-E agency is to cease claiming federal reimbursement when the following occur:

(1) The agency receives legal responsibility for the care and placement/custody of the child.

(2) The child no longer receives case management services that are considered reasonable efforts to prevent removal or to prevent re-entry into foster care.

(3) The child's case plan has not been reviewed and updated, as needed, at the six-month SAR.

Last updated August 14, 2026 at 1:27 PM

History

• Effective: December 11, 2023
• Promulgated Under: 119.03

Chapter 5180:2-46 Federal Kinship Guardianship Assistance Program

Ohio Adm.Code 5180:2-46-01 Administration of the Title IV-E kinship guardianship assistance program (KGAP).

(A) The primary objectives of the KGAP program are to:

(1) Facilitate another permanency planning option for children who it has been determined that reunification and adoption are not appropriate options for the child; and

(2) Assist kinship caregiver(s) who have a strong commitment to caring permanently for the child.

(B) The public children services agency (PCSA) is to determine eligibility and coordinate with the Ohio department of job and family services (ODJFS) to complete all procedures related to the administration of KGAP.

(C) ODJFS is responsible for the following administrative activities related to KGAP.

(1) Negotiate payment.

(2) Ensuring the proper administration of funds, allocated or reimbursed.

(3) Maintaining a separate KGAP case record for each program eligible child that has entered into a KGAP agreement.

(4) Redetermination of annual eligibility.

(D) The PCSA is to establish and maintain policy and procedures governing its kinship guardianship assistance program in accordance with 42 U.S.C. 673(d) of the Act.

(E) The PCSA is to determine eligibility status in the Ohio statewide automated child welfare information system (SACWIS) and inform ODJFS that the applicant(s) are eligible for federal KGAP within thirty working days of a request by the kinship caregiver to apply for federal KGAP payments. The PCSA will determine the eligibility status using the criteria outlined in rule 5101:2-46-02 of the Administrative Code.

(F) Prior to the court issuing an order of legal custody/guardianship, the PCSA that holds custody is to complete the KGAP eligibility determination in the Ohio SACWIS and if the child is eligible for Title IV-E KGAP provide the kinship caregiver(s) with information on how to access the JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility" form.

(G) The PCSA is to assist the kinship caregiver(s) of a child placed by the PCSA with the JFS 00131, requested by the kinship caregiver(s). The PCSA is to also provide the kinship caregiver(s) with the JFS 04059 "Explanation of State Hearing Procedures" and is to inform the kinship caregiver(s) of the right to request a state hearing upon approval or denial of their application.

(H) The kinship caregiver(s) has the right to request a state hearing if the PCSA denies eligibility for KGAP, or the application has been acted upon erroneously, or not acted upon with reasonable promptness.

(I) In the event that the kinship caregiver dies or is incapacitated, the PCSA is to assist the primary successor legal guardian as outlined in rule 5101:2-46-05 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 22, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-02 Title IV-E kinship guardianship assistance program (KGAP) eligibility criteria.

(A) For the purposes of Chapter 5101:2-46 of the Administrative Code, "kinship caregiver" has the same meaning as in rule 5101:2-1-01 of the Administrative Code and including any individual who meets one of the following:

(1) An individual who had an existing relationship with the child or the child's family that is similar to a familial relationship prior to the child's placement into substitute care; or

(2) An individual who is a member of a child's current foster family that does not wish to pursue adoption of the child, but a court has made a finding pursuant to sections 2151.4119 and 2151.4120 of the Revised Code that the child's current foster home has a kin relationship with the child.

(B) In order to be eligible for the KGAP program, prior to the court issuing an order granting legal custody/guardianship to the kinship caregiver(s) the public children services agency (PCSA) has determined the following eligibility criteria:

(1) The child, as defined in rule 5101:2-1-01 of the Administrative Code, was:

(a) Removed from their home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child.

(b) Eligible for Title IV-E foster care maintenance (FCM) payments during at least a six-consecutive month time period during which the child resided in the home of the kinship caregiver(s) who was certified as a foster home while in foster care.

(c) A citizen or legal resident of the United States, and legal custody/guardianship will be granted in the United States.

(2) The PCSA has also found:

(a) Reunification or adoption are not appropriate permanency planning options for the child.

(b) The child demonstrates a strong attachment to the kinship caregiver(s) and the kinship caregiver(s) has a strong commitment to caring permanently for the child.

(c) A child who is fourteen years or older has been consulted regarding the kinship guardianship arrangement.

(d) The kinship caregiver(s) is currently certified as a foster home including having up to date background checks in accordance with rules 5101:2-5-20; 5101:2-5-24, 5101:2-5-30 and 5101:2-5-09.1 of the Administrative Code as applicable. If the kinship caregiver(s) resides in another state, the PCSA is to ensure the family and any other adult(s) of the kinship caregiver(s) living in the home, complies with all requirements of that state for licensure and background checks to become certified or licensed in that state.

(C) Any sibling of a child in receipt of KGAP payments who is placed with the same relative is eligible to receive KGAP payments under a kinship guardianship arrangement if the PCSA determines this as an appropriate placement and the relative(s) agrees.

(1) The PCSA does not have to place siblings with the kinship caregiver(s) of the child simultaneously with the Title IV-E eligible child for the siblings to qualify for payment.

(2) The sibling does not have to meet the eligibility criteria in order to receive KGAP payments.

(D) For a child who has a case plan goal or concurrent plan goal of custody with a fit and willing kinship caregiver(s), the case plan is to be documented in accordance with rule 5101:2-38-05.2 of the Administrative Code.

(E) The PCSA is to use the Ohio statewide automated child welfare information system (SACWIS) to document KGAP eligibility status.

(F) When the kinship caregiver(s) submits documentation for ongoing verification, Ohio department of job and family services (ODJFS) is to determine if the kinship caregiver(s) is still caring for the child.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-03 Initial determination of the Title IV-E kinship guardianship assistance program (KGAP) monthly payment amount.

(A) The monthly amount of the KGAP payment is determined by negotiation and mutual agreement between the kinship caregiver(s) and Ohio department of job and family services (ODJFS).

(B) KGAP payments are to be negotiated as follows:

(1) The amount of the monthly KGAP payment for a child is not to exceed the current cost of the monthly foster care maintenance (FCM) payment that was paid or would have been paid if the child had been placed in a foster home.

(2) The KGAP payment for a child is to be eighty per cent of the child's current foster care per diem unless this would result in a KGAP payment of less than three hundred fifty dollars.

(3) For any child for whom the requirement in paragraph (B)(1) of this rule would result in a KGAP payment of less than three hundred fifty dollars, the KGAP payment is to be three hundred fifty dollars or the child's current foster care per diem amount, whichever is lower.

(4) ODJFS and the kinship caregiver can mutually agree to negotiate a lower payment of three hundred fifty dollars.

(C) ODJFS is not to consider the religion, sex, age, race, color, disability, or national origin of a kinship caregiver(s) or of the child when negotiating the KGAP agreement.

(D) No income eligibility test is to be used when determining the monthly KGAP payment.

(E) The child's supplemental security income (SSI) benefits are to be considered in the determination of the KGAP payment amount.

(F) The kinship caregiver(s) is to notify the social security administration (SSA) of the KGAP monthly payment amount if the child receives SSI benefits. The child may receive KGAP and SSI concurrently if the child receives SSI. If there is concurrent receipt of payments from both programs, the SSA will decrease the monthly SSI benefit by the monthly KGAP payment amount.

(G) ODJFS is to notify the kinship caregiver(s) of their rights to a state hearing in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(H) ODJFS is to document the following in the Ohio statewide automated child welfare information system (SACWIS):

(1) Initial agreed upon monthly KGAP payment amount.

(2) State hearing and administrative appeal.

(I) ODJFS is to document in the child's KGAP case file when changes occur to the circumstances of the child and/or family; those changes are to be addressed or reviewed pursuant to rule 5101:2-46-07 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-04 Title IV-E kinship guardianship assistance program (KGAP) agreement and duration: provision for financial support and services.

(A) The kinship caregiver(s), the public children services agency (PCSA) director or designee and Ohio department of job and family services (ODJFS) are to negotiate and enter into a written, binding KGAP agreement with the prospective kinship caregiver(s) of a child who meets the requirements. All parties will review, sign and date the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" prior to the court issuing an order granting legal custody/guardianship. The PCSA responsible for determining eligibility for KGAP is also responsible for signing the JFS 00133.

(B) The agreement is to specify, at a minimum:

(1) The amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the kinship caregiver(s) and the needs of the child.

(2) The additional services and assistance that the child and kinship caregiver(s) will be eligible for under the agreement.

(3) The procedure by which the kinship caregiver(s) may apply for additional services as needed.

(4) That the state/tribal agency will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, to the extent the total cost does not exceed two thousand dollars.

(5) That the agreement is to remain in effect without regard to the state/tribal service area residency of the kinship caregiver(s).

(C) The agreement is to list the payments to be provided and the terms under which such benefits will continue to be available. The KGAP agreement is binding, but the payments may be amended at any time in response to a request made either by the kinship caregiver(s) or ODJFS if the kinship caregiver(s) and ODJFS agree to the change.

(D) The KGAP agreement is to be effective on the date specified on the JFS 00133.

(E) The PCSA is to ensure legal status change entry into Ohio statewide automated child welfare information system (SACWIS) within ten days from the receipt of the journalized court order granting the kinship caregiver(s) legal custody or guardianship.

(F) The KGAP payments and services are not to begin prior to the court issuing an order granting legal custody/guardianship to the specified kinship caregiver(s). Once the kinship caregiver(s) has committed to care for the child and has assumed legal custody/guardianship of the child, ODJFS may then pay kinship guardianship assistance payments on behalf of a child to the kinship caregiver(s) provided that the agreement meets, or is amended to meet, all the requirements.

(G) The KGAP agreement is to remain in effect regardless of the county, state, or country where the kinship caregiver(s) resides unless the agreement is terminated pursuant to rule 5101:2-46-09 of the Administrative Code.

(H) The terms of the KGAP agreement may be amended at any time if both parties agree to the change in accordance with rule 5101:2-46-07 of the Administrative Code.

(I) In accordance with federal requirements, section 42 U.S.C. 673(d)(3)(C), effective September 29, 2014, language may not be added to the KGAP agreement that makes the agreement subject to the availability of funds.

(J) The kinship caregiver is to name a primary successor legal guardian in the agreement or in any amendments to the agreement. The primary successor legal guardian cannot be the parent(s) of the kinship guardianship child in accordance with section 42 U.S.C. 673(d)(3)(C). A new JFS 00133, with a successor guardian, will be entered into if all of the following are met:

(1) The kinship caregiver(s) dies or becomes incapacitated.

(2) The primary successor legal guardian(s) is named in the current agreement.

(3) The primary successor legal guardian(s) and all adult household members complete and pass criminal background checks in accordance with rules 5101:2-46-05 and 5101:2-5-20, 5101:2-5-24, 5101:2-5-30 and 5101:2-5-09.1 of the Administrative Code.

(4) The primary successor legal guardian(s) obtains legal guardianship by a court of competent jurisdiction.

(K) If the KGAP payment is made to a primary successor legal guardian, ODJFS is to ensure all of the following prior to payment:

(1) Verification of the primary successor legal guardian named in the kinship caregiver(s) JFS 00133 or in any amendments to the agreement.

(2) Termination date of the JFS 00133 with the previous kinship caregiver(s) pursuant to rule 5101:2-46-09 of the Administrative Code.

(3) Completion of primary successor legal guardian background checks in accordance with rules 5101:2-5-20, 5101:2-5-24, 5101:2-5-30 and 5101:2-5-09.1 of the Administrative Code.

(4) The PCSA in the county in which the successor resides is to assist in completing the required background checks.

(5) If residing in another state, the PCSA that previously held custody of the child is to assist in completing the required background checks.

(6) Completed and signed JFS 00133 between the primary successor legal guardian, as the kinship caregiver(s), the PCSA director or designee and ODJFS.

(7) Establish legal custody/guardianship of the primary successor legal guardian pursuant to rule 5101:2-46-04 of the Administrative Code as the kinship caregiver.

(L) ODJFS will not have a general policy limiting KGAP prior to the child's eighteenth birthday.

(M) ODJFS is to give a copy of the signed agreement and all amendments to the kinship caregiver(s) and keep a copy in the KGAP case record.

(N) ODJFS is to secure Title XIX medicaid and Title XX social services block grant services if the services are not available in the state or county where the child resides in accordance with rule 5101:2-46-13 of the Administrative Code.

(O) Nothing is to prohibit the kinship caregiver(s) family from seeking Title XX services available in the county of residence even if they are not already specified in the KGAP agreement. The kinship caregiver(s) may:

(1) Apply for the Title XX services in the county where they reside.

(2) Seek to amend the child's KGAP agreement.

(P) The kinship caregiver(s) is to inform ODJFS of circumstances that would make them ineligible.

(Q) The kinship caregiver(s) has the right to a state hearing under any of the following circumstances:

(1) The PCSA denies eligibility for KGAP.

(2) ODJFS denies the amount of payment requested by the kinship caregiver(s) in the child's initial JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility."

(3) ODJFS proposes to reduce, suspend, or terminate the amount of KGAP payment specified on the current KGAP agreement.

(4) ODJFS denies a request by the kinship caregiver(s) to amend the terms of the current KGAP agreement.

(R) ODJFS is to provide written notification to the kinship caregiver(s) when any of the following occur:

(1) A denial for a request to increase the amount of the monthly KGAP payment.

(2) A reduction, suspension, or termination of the monthly KGAP payment.

(S) ODJFS is to inform the kinship caregiver(s) of all decisions to deny or approve KGAP and provide a copy of the JFS 04059 "Explanation of State Hearing Procedures."

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-05 Title IV-E kinship guardianship assistance program (KGAP) monthly payments.

(A) KGAP monthly payments are to begin when there is a mutually agreed upon KGAP agreement and all eligibility criteria outlined in rule 5101:2-46-02 of the Administrative Code have been met.

(B) Ohio department of job and family services (ODJFS) is to enter the KGAP payment information into the Ohio statewide automated child welfare information system (SACWIS). The payment is to be in the form of a warrant or electronic funds transfer (EFT) made to the kinship caregiver(s).

(C) If an overpayment or an underpayment of a KGAP payment occurs, the ODJFS is to take immediate action to correct either situation as soon as information is received.

(1) An underpayment occurs when one of the following circumstances exists:

(a) The kinship caregiver(s) of a KGAP child does not receive a payment they are entitled to according to the current agreement.

(b) The kinship caregiver(s) of a KGAP child receives a payment less than the amount they are entitled to according to the current agreement.

(2) An overpayment occurs when a kinship caregiver(s) receives a payment amount they are not entitled to because of the following reasons.

(a) The payment was made in excess of the agreed upon amount.

(b) The child for whom a KGAP payment was made was not eligible for such payment the month the payment was made.

(D) ODJFS is responsible for reviewing payment records for KGAP cases to determine if an overpayment has occurred. If an overpayment has occurred, ODJFS is to:

(1) Adjust the overpayment in Ohio SACWIS. Adjustment of the payment is to be effective on the first day of the month following the month in which the change occurred.

(2) Provide notification to the kinship caregiver(s) when an overpayment is found and identify what action the ODJFS proposes to take with regard to the payment.

(3) Send notification of the state hearing process to the kinship caregiver(s) in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(E) ODJFS is to only take adverse action regarding the eligibility or financial status of a KGAP case, ODJFS is to do so in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, and

(1) KGAP is to continue until a state hearing decision is issued if the state hearing is requested within fifteen calendar days of the date on the notice of adverse action.

(2) ODJFS is to continue KGAP payments if the hearing decision is favorable to the kinship caregiver(s).

(3) The kinship caregiver(s) is not required to return KGAP payments received prior to the issuance of the state hearing decision if the state hearing was requested within fifteen calendar days of the mailing date on the notice of adverse action and the hearing decision is to terminate or amend the monthly KGAP payment amount.

(F) Documentation of the repayment for the overpayment and the adjustment for the underpayment is to be retained in the KGAP case record.

(G) ODJFS is to refer all cases to the auditor of state in accordance with section 117.103 of the Revised Code, if there is probable cause to believe the crime of fraud has been committed.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-06 Title IV-E kinship guardianship assistance program (KGAP) ongoing verification.

(A) Ohio department of job and family services (ODJFS) is to provide the kinship caregiver(s) with the JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) annual assurance of legal responsibility, school attendance and eligibility for continued Medicaid coverage" annually or whenever impacting eligibility criterion.

(B) For a child who has attained the minimum age for compulsory school attendance, ODJFS is to assure that the child's KGAP case record contains documentation of one of the following:

(1) A child is enrolled full-time, or in the process of enrolling full-time, in an institution providing elementary or secondary education.

(2) A child is instructed in elementary or secondary education at home full-time in accordance with the home school law of the state where the kinship caregiver(s) resides.

(3) A child is in an independent study elementary or secondary education program full-time in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(4) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the KGAP case record of the child.

(C) The kinship caregiver(s) is to notify ODJFS within fifteen calendar days of the date of a change if:

(1) The child reaches the age of eighteen, or twenty-one if the child is physically/mentally disabled or has a medical condition pursuant to rule 5101:2-46-14 of the Administrative Code.

(2) The child marries or enlists in the military services.

(3) The child's primary health care insurance coverage changes from medicaid to private health care insurance. The kinship caregiver(s) is to complete an ODM 06612 "Health Insurance Information Sheet" as a result of this change.

(4) The kinship caregiver(s) is no longer supporting the child.

(5) The kinship caregiver(s) legal rights have been terminated by a court of competent jurisdiction.

(6) The family moves, or the child establishes their own residence.

(7) The child is deceased.

(D) The kinship caregiver(s) is to be supporting the child. A kinship caregiver(s) is supporting the child if the kinship caregiver(s) provides the child with shelter, food, clothing, or any support regardless of the physical location of the child. A kinship caregiver(s) is generally responsible for the support of a child who is under the age of eighteen or under the age of twenty-one and is physically/mentally disabled or has a medical condition.

(E) A kinship caregiver(s) is not legally required to support the child if the child is emancipated. A child becomes emancipated if the child:

(1) Enlists in the military services.

(2) Marries.

(3) Has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(F) If the child no longer meets the requirements for KGAP, ODJFS is to terminate the KGAP agreement pursuant to rule 5101:2-46-09 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-07 Amendment of the Title IV-E kinship guardianship assistance program (KGAP) agreement.

(A) Prior to the expiration date of the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement," the kinship caregiver(s), the public children services agency (PCSA) director or designee and Ohio department of job and family services (ODJFS) by mutual agreement amend the JFS 00133. The amended agreement is to meet all other requirements of rule 5101:2-46-04 of the Administrative Code.

(B) Any request for an amendment to the KGAP agreement is to contain newly documented needs of the child or circumstances of the kinship caregiver(s) that were not previously subject to the current agreement.

(C) By mutual agreement between the kinship caregiver(s) and ODJFS pursuant to rule 5101:2-46-04 of the Administrative Code, the kinship caregiver(s) may amend the agreement to change the successor guardian at any time.

(D) At any time while the JFS 00133 is in effect, the kinship caregiver(s) and ODJFS may agree to amend the payment amount or provision for services. If an amendment is requested:

(1) The JFS 00133 is to be entered into by mutual agreement between the kinship caregiver(s) and ODJFS pursuant to rule 5101:2-46-04 of the Administrative Code.

(2) ODJFS and kinship caregiver(s) are to sign the amended agreement.

(3) The agreement is to meet all requirements of rules 5101:2-46-03 and 5101:2-46-04 of the Administrative Code.

(4) ODJFS is to give a copy of the amended agreement to the kinship caregiver(s) and retain a copy in the child's case record.

(E) If ODJFS and the kinship caregiver(s) cannot agree on a mutually acceptable monthly KGAP payment amount, ODJFS and the kinship caregiver(s) may complete a JFS 00133 for a mutually acceptable level of KGAP payment while negotiations continue and requests a state hearing.

(F) If the kinship caregiver(s) requests an amendment of the KGAP payment specified in an existing agreement and ODJFS denies the request, ODJFS is to provide the kinship caregiver(s) with written notice of the denial and the right to a state hearing, as provided in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

Last updated February 9, 2026 at 4:22 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-08 Suspension of Title IV-E kinship guardianship assistance program (KGAP) payment.

(A) Ohio department of job and family services (ODJFS) may suspend the KGAP payment when the following occur:

(1) If ODJFS cannot establish contact with the kinship caregiver(s) to determine if the kinship caregiver(s) is still legally responsible for the support of the child; and

(2) If ODJFS can document efforts to contact the kinship caregiver(s) to determine what support is provided to the child. Efforts include various methods to make contact with the kinship caregiver(s) such as telephone calls, mailings, texts, and emails; or

(3) A Title IV-E agency has assumed legal responsibility for the care and placement/custody of the child.

(B) When ODJFS proposes to suspend KGAP payment, ODJFS is to provide the kinship caregiver(s) with the following:

(1) A written notice that ODJFS intends to suspend KGAP payments.

(2) The reason(s) for the intended suspension of KGAP payments.

(3) The begin date of the intended suspension of KGAP payments.

(4) The kinship caregiver(s) right to a state hearing and the JFS 04059 "Explanation of State Hearing Procedures."

(C) The state hearing is to be requested within fifteen days from the date of the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code

(1) If a state hearing is requested timely, within fifteen days, the KGAP payment is to continue until a state hearing decision is issued.

(2) If no state hearing is requested timely, within fifteen days, the KGAP payments are to be suspended.

(3) When the KGAP payment is suspended, the kinship caregiver(s) has ninety days to make contact and provide documentation of support.

(D) If a state hearing is requested and the state hearing decision is favorable to the kinship caregiver(s), KGAP payments are to continue in accordance with the terms of the KGAP agreement or an amended agreement may be entered into by mutual agreement.

(E) If a state hearing is requested and the state hearing decision is favorable to ODJFS, ODJFS can terminate the KGAP agreement in accordance with the procedures as outlined in rule 5101:2-46-09 of the Administrative Code.

(F) If the kinship caregiver(s) contacts ODJFS while the KGAP payment is suspended and can provide documentation that meets the ongoing verification requirement to show continued support of the child, KGAP payments may be reinstated retroactive back to the date of the suspension, unless ODJFS has terminated the KGAP payment pursuant to rule 5101:2-46-09 of the Administrative Code.

(G) If the kinship caregiver(s) has not contacted ODJFS and provided documentation that meets the ongoing verification requirement within ninety days of the written notice to suspend KGAP payment, ODJFS can terminate the KGAP agreement in accordance with the procedures as outlined in rule 5101:2-46-09 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-09 Termination of a Title IV-E kinship guardianship assistance program (KGAP) agreement.

(A) Ohio department of job and family services (ODJFS) is to terminate the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" in any of the following circumstances:

(1) At the end of the month of the child's eighteenth birthday.

(2) The kinship caregiver(s) has not contacted ODJFS and provided documentation that meets the ongoing verification requirement within ninety days of the notice to suspend a KGAP payment pursuant to rule 5101:2-46-08 of the Administrative Code.

(3) If the child is no longer receiving any support from the kinship caregiver(s) as defined in paragraph (B) of this rule.

(4) If the kinship caregiver(s) is no longer legally responsible for supporting the child as defined in paragraph (C) of this rule.

(5) If a court of competent jurisdiction has terminated legal custody/guardianship of the kinship caregiver(s) or the kinship caregiver(s) has voluntarily surrendered legal custody/guardianship.

(6) If the kinship caregiver(s) requests termination of the KGAP benefits.

(7) If the kinship caregiver(s) is deceased.

(8) If a new agreement was established with the successor guardian upon the kinship caregiver(s) death or incapacitation.

(9) If the child is deceased.

(B) A kinship caregiver(s) is not supporting the child if the kinship caregiver(s) is not providing the child with shelter, food, clothing, or any financial support regardless of the physical location of the child.

(C) A kinship caregiver(s) is not legally required to support the child if the child becomes emancipated. A child becomes emancipated if the child:

(1) Enlists in the military services, defined as the date of report for active duty.

(2) Marries.

(3) Has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(4) Is self-supporting by paying for shelter, food, and clothing even though they may still reside with the kinship caregiver(s).

(D) When ODJFS proposes to terminate the KGAP agreement, ODJFS is to provide the kinship caregiver(s) with a notice of the proposal to terminate and the right to a state hearing.

(E) When ODJFS proposes to terminate the KGAP agreement, and the kinship caregiver(s) has requested a state hearing, the following will apply:

(1) If a state hearing is requested within fifteen days of the date on the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, KGAP is to continue until a state hearing decision is issued.

(2) If a state hearing is requested within fifteen days of the date on the notice and the hearing decision is favorable to the kinship caregiver(s), KGAP is to continue in accordance with the terms of the KGAP agreement or an amended agreement may be entered into by mutual agreement.

(3) If a state hearing is requested within fifteen days of the mailing date on the notice and the hearing decision is to terminate the KGAP, the kinship caregiver(s) is not required to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested, KGAP is to be terminated.

(F) When ODJFS determines that KGAP should be terminated, ODJFS is to provide notification to the kinship caregiver(s) of Ohio's intent to terminate the KGAP subsidy. Notification is to include, at a minimum, all of the following:

(1) The effective termination date.

(2) Provide the JFS 04059 "Explanation of State Hearing Procedures."

(3) Complete the JFS 04065 "Prior Notice of Right to A State Hearing."

(4) Include the JFS 04069 "State Hearing Request."

(5) A completed JFS 00127 "Notice of Adverse Action for the Federal Kinship Guardianship Assistance Program (KGAP)."

(6) Complete the ODM 01958 "Referral for Medicaid continuing eligibility review" pursuant to rule 5160:1-2-01 of the Administrative Code and send the ODM 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" to the kinship caregiver(s).

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-10 Case record requirements for Title IV-E kinship guardianship assistance program (KGAP).

(A) Ohio department of job and family services (ODJFS) is to maintain a KGAP case record that is available upon request.

(B) The case record is to contain documentation which supports the public children services agency (PCSA) actions in determining eligibility for KGAP. The case record is to include the following information, when applicable:

(1) A copy of the signed JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility," even if the kinship caregiver(s) declines.

(2) A copy of the signed JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement."

(3) A copy of the KGAP eligibility determination in the Ohio statewide automated child welfare information system (SACWIS).

(4) A copy of each signed JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage."

(5) A copy of the ODM 06612 "Health Insurance Information Sheet," as completed by the kinship caregiver(s).

(6) A copy of the ODM 06613 "Accident/Injury Insurance Information," as completed by the kinship caregiver(s).

(7) A copy of the ODM 03528 "Healthchek and Pregnancy Related Services information Sheet," as applicable.

(8) A copy of the journalized court order granting the kinship caregiver(s) legal custody/guardianship.

(9) A copy of the documentation evidencing repayment of any identified KGAP overpayment.

(10) A copy of all state hearing, administrative appeal, and judicial review documentation.

(11) A copy of the interstate compact and KGAP medical assistance forms.

(C) For applications received from a kinship caregiver(s) who resides out of state, the case record is to include a copy of forms which contain, at a minimum, the information required by the JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility."

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-11 Title XIX medicaid coverage for Title IV-E kinship guardianship assistance program (KGAP) eligible children.

(A) A child eligible for KGAP, is eligible for Title XIX medicaid coverage beginning with the effective date of the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement."

(B) Ohio department of job and family services (ODJFS) is to inform the kinship caregiver(s) that they are to notify ODJFS within fifteen calendar days after moving to another county or state.

(C) The kinship caregiver(s) is to cooperate with ODJFS to assure that a move out-of-state complies with any applicable interstate requirements pursuant to rule 5101:2-44-05.2 of the Administrative Code. Failure to notify ODJFS may result in the interruption of Title XIX medical coverage.

(D) For a child with a KGAP agreement in effect who moves or resides out-of-state, the following is to apply:

(1) After seven business days after ODJFS is notified by the kinship caregiver(s) that the KGAP eligible child is moving to or residing in another state, ODJFS is to transfer Title XIX medical coverage to the state of residence by:

(a) Completing and forwarding the current signed and dated JFS 00133 to the Ohio department of job and family services (ODJFS) interstate compact and medical assistance (ICAMA) state administrator pursuant to rule 5101:2-44-05.2 of the Administrative Code.

(b) Providing notification to the kinship caregiver(s) of Ohio's intent to terminate the Title XIX medical coverage. Notification is to, at a minimum, include all of the following:

(i) The effective termination date of Ohio's Title XIX medical coverage.

(ii) A completed JFS 04065 "Prior Notice of Right To A State Hearing."

(iii) A statement that the child will continue to receive KGAP payments from Ohio or, if no payments are being made, a statement that the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" remains in effect and Title XIX medical coverage will be provided by the state in which the child resides.

(c) Terminating the medical coverage in the Ohio statewide automated child welfare information system (SACWIS).

(2) Upon notification of any change that would affect the medicaid status, ODJFS is to, complete and forward the ICAMA form 7.5 "Information Exchange" which can be found at: https://aaicama.org/cms/index.php/the-aaicama/new-icama-forms/icama-forms to ODJFS ICAMA state administrator.

(3) ODJFS is to provide the responsible Title XIX medical authority in the state where the child resides with verification that the child meets the continuing eligibility requirements for medicaid. If ODJFS determines the child does not meet the continuing eligibility requirements, within twenty business days ODJFS is to:

(a) Complete a medicaid pre-termination review (PTR) of continuing medicaid eligibility pursuant to rule 5160:1-2-01 of the Administrative Code.

(b) Provide notification of the date Title XIX medical coverage is to be terminated to the responsible Title XIX medical authority in the state in which the KGAP eligible child resides.

(E) For a child with an out-of-state KGAP agreement in effect who moves to or resides in Ohio, the following is to apply:

(1) The child is automatically eligible for Title XIX medical coverage provided by Ohio.

(2) ODJFS ICAMA administrator is to take the following actions to activate Title XIX medical coverage:

(a) Verify the following information is included on the ICAMA form 7.01 received from the responsible Title XIX authority and the national ICAMA database:

(i) The child's name, social security number, date of birth, and address.

(ii) The name of kinship caregiver(s).

(iii) The address where the medical card should be sent.

(iv) A copy of the sending state's KGAP agreement.

(v) The name, address, and telephone number of a contact person in the state with KGAP case management responsibility.

(vi) The termination date of Title XIX medical coverage in the state with KGAP case management responsibility or the state where the child moved.

(vii) Any additional information regarding other health insurance coverage the child may have, including third-party liability.

(b) Enter into Ohio SACWIS the Ohio medicaid effective date and an "active" status on the ICAMA record.

(c) Complete the ODM 06612 "Health Insurance Information Sheet" if there is information that the child is covered by a private health insurance plan.

(3) ODJFS is to maintain a separate case record for each KGAP eligible child who resides in Ohio. The case record is to contain all of the information required in paragraph (D) of this rule for all children with KGAP agreements in effect who move to or reside in Ohio.

Last updated February 9, 2026 at 4:22 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-12 Reimbursement of Title IV-E nonrecurring kinship guardianship assistance program (KGAP) expenses.

(A) The following definitions are applicable to this rule and supersede any definition contained in rule 5101:2-1-01 of the Administrative Code.

(1) "Nonrecurring KGAP expenses" are reasonable and necessary legal custody/guardianship fees, court costs, attorney fees, and in accordance with paragraph (A)(2) of this rule, other expenses directly related to the court issuing an order granting legal custody/guardianship of a child. These expenses cannot be incurred in violation of state or federal law and cannot be reimbursed from other sources or funds.

(2) "Nonrecurring other expenses directly related to the legal custody/guardianship of a child" as specified in paragraph (A)(1) of this rule refers to the costs of the court issuing an order granting legal custody/guardianship incurred by or on behalf of the kinship caregiver(s) and for which the kinship caregiver(s) carries the ultimate liability for payment. These are the total cost of nonrecurring expenses associated with obtaining legal custody guardianship of the child.

(B) Ohio department of job and family services (ODJFS) is to notify anyone inquiring about legal custody/guardianship services through the agency of the availability of funds for the reimbursement of nonrecurring KGAP expenses and the application process.

(C) ODJFS is to enter into an agreement with the kinship caregiver(s) of a child for the payment of nonrecurring KGAP expenses for which the kinship caregiver(s) has not otherwise been reimbursed, not to exceed two thousand dollars for each child.

(D) ODJFS is to inform a kinship caregiver(s) who inquires about legal custody/guardianship services through the agency that the JFS 00134 "Application for Reimbursement of Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses" is to be submitted to ODJFS and approved prior to the court issuing an order granting legal custody/guardianship or disruption prior to the court issuing an order granting legal custody/guardianship, if applicable. The JFS 00134 cannot be considered for approval retroactively.

(E) The kinship caregiver(s) and ODJFS are to sign the JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement," prior to the court issuing an order granting legal custody/guardianship or disruption prior to the court issuing an order granting legal custody/guardianship, if applicable. The JFS 00135 cannot be entered into after the court has issued an order granting legal custody/guardianship.

(F) ODJFS is not to consider the race, color, religion, sex, age, disability, or national origin of a kinship caregiver(s) or of the child, when entering into a JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement."

(G) If siblings are placed with the KGAP eligible child, either separately or together, each child is to be treated as an individual. A separate JFS 00134 "Application for Reimbursement of Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses" and JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement" is to be executed for each child.

(H) ODJFS is not to apply an income eligibility requirement (means test) to the kinship caregiver(s) in determining whether payment or reimbursement for nonrecurring KGAP expenses are to be made.

(I) The kinship caregiver(s) is to submit to ODJFS a request for payment or reimbursement and proof of the expenditures for nonrecurring expenses incurred during the legal custody/guardianship process within one year of the court issuing an order granting legal custody/guardianship or disruption prior to the court issuing an order granting legal custody/guardianship, if applicable.

(J) For each JFS 00135 executed, ODJFS is to maintain documentation in the child's case record to verify compliance with this rule.

(K) The state hearing policies and procedures contained in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code apply to individuals applying for benefits under this rule.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 22, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-13 Title IV-E kinship guardianship assistance program (KGAP) intercounty and interstate case management responsibility.

(A) KGAP intercounty and interstate case management changes will be handled by Ohio department of job and family services (ODJFS).

(B) The JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" remains in effect even though the kinship caregiver(s) and the child move to another county or state. The responsibility for management of the KGAP case remains with ODJFS.

(C) If the kinship caregiver(s) and the child for whom an Ohio executed JFS 00133 is in effect reside in or move to another state, the child is to be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the child resides. If any of the Title XX services specified in the KGAP agreement are not available in the state where the child resides or has moved, ODJFS will be responsible for securing those services.

(D) If the kinship caregiver(s) and the child for whom a JFS 00133 is in effect reside in or move to another Ohio county, the child is to be provided with Title XX services, as specified in the JFS 00133 by the county where the child resides. If any of the Title XX services specified in the KGAP agreement are not available in the Title XX plan in the county where the child resides or has moved. ODJFS will be responsible for securing those services from the public children services agency (PCSA) that held custody of the child.

(E) Nothing will keep the kinship caregiver(s) of a child for whom a KGAP agreement is in effect from seeking Title XX services available in the Title XX social service plan in the county of residence, even if the services are not already specified in the KGAP agreement. The kinship caregiver(s) may:

(1) Apply for the Title XX services in the county where the kinship caregiver(s) resides.

(2) Seek to amend the child's JFS 00133.

(F) ODJFS will assist the kinship caregiver(s) in completing the JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" and/or the JFS 00133.

(G) In the event that the kinship caregiver(s) and the child move out of state, ODJFS is to comply with any interstate compact on kinship and medical assistance (ICAMA) requirements pursuant to rule 5101:2-46-11 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-46-14 Requirements for Title IV-E kinship guardianship assistance program (KGAP) past age eighteen.

(A) KGAP is available for an eligible child whose kinship caregiver(s) entered into an initial KGAP agreement prior to the child's eighteenth birthday through the end of the month of the child's eighteenth birthday.

(B) KGAP is available for a child with a physical/mental disability or medical condition who is between the age of eighteen and twenty-one with an existing KGAP agreement if the child meets one of the requirements identified in paragraphs (B)(1) to (B)(5) of this rule and the kinship caregiver(s) is supporting the child as identified in paragraph (D) of rule 5101:2-46-06 of the Administrative Code. The ongoing medical treatment of the physical/mental disability or medical condition is to be verified annually for continued eligibility by a culturally competent qualified professional in the professional's scope of practice. The child is considered to have a physical/mental disability or medical condition if any of the following apply:

(1) A designated social security administration claims representative has determined that the child meets the disability criteria and is therefore eligible for one of the following:

(a) Title XVI supplemental security income (SSI) benefits.

(b) Social security disability benefits.

(c) Social security benefits due to the death or disability of the biological parent(s).

(2) The child has been diagnosed by a culturally competent "qualified professional" in the professional's scope of practice who is not responsible for providing casework services to the child to have a physical/mental disability or medical condition.

(a) For the purpose of this rule, a "qualified professional" is an individual who is one of the following: an audiologist, orthopedist, physician, certified nurse practitioner, physician assistant, psychiatrist, psychologist, school psychologist, licensed marriage and family therapist, speech and language pathologist, a licensed independent social worker, licensed professional clinical counselor, a licensed social worker who is under the direct supervision of a licensed independent social worker or a licensed professional counselor who is under the direct supervision of a licensed professional clinical counselor.

(i) The kinship caregiver(s) is to provide Ohio department of job and family services (ODJFS) with a clear written statement from a qualified professional that the child is substantially limited in one or more major life activities, including self-care and the overall capacity for self-sufficiency/meeting the ordinary demands of life. This statement is to include an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs. The child's documented disability is the direct result of one of the following:

(a) A developmental disability, as defined in 28 C.F.R. 35.108 [August 11, 2016] and section 5123.01 of the Revised Code.

(b) A medical condition causing permanent distress, pain, dysfunction, or social problems diagnosed by a qualified professional that results in ongoing medical treatment. The medical condition is to be diagnosed prior to legal custody/guardianship or can be attributable to factors or conditions in the child's or birth family's history that existed prior to legal custody/guardianship.

(c) Mental illness, as defined in section 5122.01 of the Revised Code.

(3) The child is participating in one of the following rehabilitation programs or a program equivalent in the state where the child resides:

(a) Vocational rehabilitation, as evidenced by the implementation of an individual plan of employment (IPE), administered by the bureau of vocational rehabilitation through opportunities for Ohioans with disabilities.

(b) Services for the visually impaired, as evidenced by the implementation of an IPE, administered by the bureau of services for the visually impaired through the opportunities for Ohioans with disabilities.

(4) The child is in the process of obtaining a secondary education and meets the eligibility criteria for a child with a disability receiving special education and related services from the Ohio department of education (ODE), local education agency or school district or a program equivalent in the state where the child resides. The kinship caregiver(s) is responsible for providing official documentation from the school that the child is attending and participating in special education services.

(5) The child is eligible for services administered through the department of developmental disabilities (DODD), as evidenced by the implementation of an individual service plan (ISP).

(C) A clear statement documenting the child's physical/mental disability or medical condition is to be accompanied by an assessment, evaluation, or update within the last twelve months from the qualified professional including an opinion as to the prognosis and recommendations for future treatment needs.

(D) If the kinship caregiver(s) requests to continue the KGAP payment beyond age eighteen due to any of the requirements identified in paragraph (B) of this rule, ODJFS is to do one of the following:

(1) Amend the KGAP agreement to begin the KGAP monthly payment based on the date of eligibility for any of the programs identified in paragraph (B)(1) of this rule.

(2) Notify the kinship caregiver(s) of the intent to amend the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" to a KGAP agreement with no payment pending the approval of any program outlined in paragraph (B) of this rule and provide the kinship caregiver(s) with notification of state hearing rights.

(3) Notify the kinship caregiver(s) of the intent to terminate the KGAP agreement, at age eighteen, if eligibility is denied based on any of the requirements identified in paragraph (B) of this rule.

(a) If the kinship caregiver(s) requested a state hearing within fifteen days of the date the termination notice was issued then ODJFS continues the KGAP until the hearing decision has been rendered.

(b) If the kinship caregiver(s) has not requested a state hearing within fifteen days of the date the termination notice was issued, ODJFS:

(i) Terminates the KGAP agreement.

(ii) Completes the ODM 01958 "Referral for Medicaid Continuing Eligibility Review" and submit it to the county department of job and family services (CDJFS) located in the county where the kinship caregiver(s) resides, in compliance with the medical pre-termination review.

(iii) ODJFS will notify medicaid to terminates the Title XIX medical coverage.

(E) It is the responsibility of the kinship caregiver(s) to provide ODJFS with documentation that application has been made for any services the child needs in paragraph (B) of this rule.

(F) ODJFS is to advise the kinship caregiver(s) of all necessary documentation that is to be submitted to continue a KGAP agreement.

(G) For cases in which the year and month the child was born can be established, but not the exact day, the first of the month is used as the child's birth date.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Chapter 5180:2-47 Title IV-E Foster Care Maintenance

Ohio Adm.Code 5180:2-47-01 Administration of the Title IV-E foster care maintenance (FCM) program.

(A) The primary objectives of the FCM program are:

(1) To reduce the number of children removed and placed in substitute care.

(2) To improve the quality of care provided to children placed in substitute care.

(3) To return children from substitute care to their own homes as soon as possible.

(4) To facilitate the adoption of or other permanent placement for those children who cannot return to their own homes.

(B) The Ohio department of job and family services (ODJFS) is committed to ensuring the maximum number of children receiving assistance under the FCM program at any time, who will remain in foster care after having been in such care for more than twenty-four months, is no more than twenty per cent of the total number of children who are reported in foster care during the preceding calendar year.

(1) The total number of children who are in foster care is to be determined from data collected by ODJFS in accordance with 45 C.F.R. 1355.40.

(2) This goal will be achieved by periodic monitoring and evaluation by ODJFS of Title IV-E agency case records and reports, with full realization no child eligible to receive assistance under the Title IV-E program may be denied assistance on the basis of this goal.

(C) The Title IV-E agency is responsible for the administration of the FCM program. The Title IV-E agency may claim administrative expenditures for reimbursement only if FCM is a direct responsibility of the Title IV-E agency. The Title IV-E agency having responsibility for the placement and care/custody of the child is to:

(1) Ensure the proper administration of funds, allocated or reimbursed.

(2) Determine eligibility for FCM program services.

(3) Maintain a separate FCM case record for each program eligible child in the legal responsibility of the Title IV-E agency.

(4) Assure that each child who has attained the minimum age for compulsory school attendance receiving FCM reimbursement is a full-time elementary or secondary school student. Full-time elementary or secondary school attendance includes the following:

(a) A child is enrolled, or in the process of enrolling in an institution providing elementary or secondary education.

(b) A child is instructed in elementary or secondary education at home in accordance with the home school law of the state where the home is located.

(c) A child in an independent study elementary or secondary education program in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(d) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the case plan of the child.

(5) Facilitate service planning and provision of services under the FCM program. Service planning and provision of services are to include but are not limited to:

(a) Placement prevention efforts.

(b) Determining the appropriateness of placement.

(c) Ensuring all procedural safeguards are provided.

(d) Case management.

(e) Family reunification efforts.

(f) Providing support to the child's caregivers.

(g) Discharge planning.

(h) Independent living.

(i) Referral to other programs as necessary, which include, but are not limited to social security benefit programs, supplemental security income (SSI), Title IV-D, Ohio works first, Title XIX (medicaid) and Title XX (social services block grant).

(D) Program eligibility and program reimbursability are to be concurrently achieved before FCM reimbursement for a child may be issued.

(1) "Program eligible" means both:

(a) The child met the ADC-relatedness standards, in effect on July 16, 1996 when the child entered placement, as referenced in rules 5101:2-47-12, 5101:2-47-14 and 5101:2-47-14.1 of the Administrative Code.

(b) The Title IV-E agency is legally responsible for the child's care in accordance with rule 5101:2-47-13 of the Administrative Code.

(2) "Program reimbursable" means federal financial participation (FFP) is available for a child meeting the prerequisites set forth in rules 5101:2-47-13, 5101:2-47-16, 5101:2-47-21 and 5101:2-47-22 of the Administrative Code.

(E) Reimbursements for FCM are to be at the current rate of federal financial participation (FFP). The Title IV-E agency is responsible for the nonfederal share of all basic FCM payments made by the agency. Local or state funds may be used as the agency's match for the nonfederal share. FFP is available for a portion of the maintenance costs of program eligible and reimbursable children placed in substitute care.

(F) Maintenance costs include the following:

(1) Food.

(2) Clothing.

(3) Shelter.

(4) Daily supervision.

(5) School supplies.

(6) Personal incidentals.

(7) Liability insurance with respect to the child.

(8) Reasonable cost of travel for the child's visitation with family or other caregivers.

(9) Reasonable cost of travel for the child to remain in the school the child was enrolled prior to placement in foster care.

(10) In the case of residential facility care, the reasonable costs of administration and operation of such facility as are necessary to provide the maintenance costs.

(G) The Title IV-E agency is responsible for the nonfederal share of certain medicaid administrative costs for children in its care and Title IV-E administrative and training costs.

(1) Title IV-E administrative costs are subject to rule 5101:9-6-28 of the Administrative Code. Administrative costs charged to Title IV-E are not to be charged concurrently to another federal program. Reimbursement is to be at the prevailing FFP.

(2) FFP is available for a portion of the administrative costs associated with program eligible and reimbursable children placed in substitute care.

(3) For six-months of aftercare services when a child is discharged from a qualified residential treatment program (QRTP) as described in rule 5101:2-47-21 of the Administrative Code.

(4) Administration costs include the following:

(a) Overhead costs associated with administering the Title IV-E program.

(b) The costs of providing case management.

(c) The costs of travel for the child's judicial or case review.

(5) To claim reimbursement for Title IV-E administrative costs, each Title IV-E agency is to participate in the social service random moment sample (SSRMS) and child welfare random moment sample (CWRMS) time studies as described in rule 5101:9-7-20 of the Administrative Code.

(H) Training costs are chargeable to Title IV-E. Training is to be related to child welfare services and charged in proportion to the percentage of Title IV-E eligible children. Reimbursement for training costs will be at the prevailing FFP. Training costs include:

(1) Salary.

(2) Travel to training.

(3) Per diem.

(4) Costs associated with a worker engaged in or preparing for training, either as a trainer for other agency staff or a trainee.

(I) A child receiving FCM reimbursements is eligible for Title XIX and Title XX services in the state he or she resides, regardless of whether it is the same state making the FCM reimbursement.

(J) A child for whom an FCM reimbursement is received is to be placed in the least restrictive, most family-like setting available and in close proximity to the parental home, consistent with the best interests and special needs of the child.

(K) The Title IV-E agency is to submit the following information to ODJFS:

(1) The "Children Services Statistical Report" in the Ohio statewide automated child welfare information system (Ohio SACWIS).

(2) The JFS 02820 "Children Services Quarterly Financial Statement" and if applicable, a JFS 02827 "CFIS Local Agency Quarterly Financial Statement".

(L) If the Title IV-E agency fails to comply with paragraphs (G), (H) and (K) of this rule, then compensation for Title IV-E administrative and training reimbursement will be decreased or delayed.

(M) The Title IV-E agency is to review and update data in Ohio SACWIS for all foster care maintenance per diems by the end of the state fiscal year (June thirtieth). The data in Ohio SACWIS will be considered in establishing statewide foster care maintenance reimbursement ceilings and maximums effective the beginning of the following federal fiscal year (FFY) which begins on October first each year.

(N) Cost reporting and reimbursement procedures contained in Chapters 5101:9-7 and 5101:2-47 of the Administrative Code apply with regard to the Title IV-E program. Expenditures are subject to audit and audit findings. Findings due to agency error will result in recovery of funds against the agency.

(O) The JFS 02911 "Title IV-E Single Cost Report" is subject to audit and audit findings whether submitted by public or private agencies. Any overpayment or underpayment of federal funds to the Title IV-E agency due to adjustments of cost report amounts as a result of an audit, is to be recovered or paid to the Title IV-E agency utilizing the public or private agency's services.

(P) The Title IV-E agency is to annually review the amount made to a licensed or certified relative or kinship foster family home to confirm it is the same amount that would have been made if the child was placed in a licensed or certified non-relative foster family home.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: February 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-03.1 Qualified and disqualified non-citizen eligibility for Title IV-E foster care maintenance (FCM) and independent living services.

(A) Foster care maintenance (FCM) reimbursements and independent living services as defined in Chapter 5101:2-42 of the Administrative Code may be paid on behalf of a child who meets the definition of a qualified non-citizen in rule 5101:2-1-01 of the Administrative Code.

(B) A child who is a qualified non-citizen, and placed in foster care shall be required to live in the United States for five years before there is eligibility for FCM or independent living services. Pursuant to section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), a child, who is in one of the following categories, is exempted from the residency requirement:

(1) A child placed with a foster caregiver who is a United States citizen or a qualified non-citizen.

(2) A non-citizen admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (INA) (05/2005).

(3) A non-citizen who is granted asylum under section 208 of the INA.

(4) A non-citizen whose deportation is being withheld under the INA.

(5) Cuban/Haitian entrants, as defined in section 501(e) of the Refugee Education Assistance Act of 1980, Pub. L. No. 96-422.

(6) Amerasian immigrants admitted to the United States pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, Pub. L. No. 100-202.

(7) A parolee allowed into the United States under section 212(d)(5) of the INA (as in effect October 1, 2019) for a period of at least one year.

(8) A person granted conditional entry pursuant to section 203(a)(7) of the INA (as in effect prior to April 1, 1980).

(9) A non-citizen or the child or parent of a non-citizen who has been battered or subjected to extreme cruelty in the U.S.

(10) An Afghan or Iraqi non-citizen granted special immigrant visa status under Section 8120 of the December 19, 2009 Defense Appropriations Bill (Pub. L. No. 111-118) and section 101(a)(27) of the INA (as in effect October 1, 2019).

(C) In addition to meeting the requirements of paragraph (B) of this rule, a child who is a qualified non-citizen is eligible to receive Title IV-E FCM payments if the following are met:

(1) The child is disqualified under section 245A (H), 210 (F) or 210 (D)(7) of the INA from meeting eligibility requirements for aid to dependent children (ADC) program in effect on July 16, 1996, as defined in rule 5101:2-47-14.1 of the Administrative Code:

(a) In the month in which a JFS 01645 "Agreement for Temporary Custody of Child" was entered into.

(b) In the month court proceedings leading to the removal of the child from the home of a specified relative were initiated.

(2) The child meets all other eligibility requirements of Chapter 5101:2-47 of the Administrative Code.

(D) A non-citizen who meets the definition of a qualified non-citizen in rule 5101:2-1-01 of the Administrative Code, is eligible to become a foster caregiver and receive Title IV-E FCM or independent living services for an eligible child.

(E) A child who is a qualified non-citizen and is eligible for Title IV-E FCM shall be eligible for Title XIX medicaid coverage.

(F) Citizenship or immigration status must be verified in the following cases:

(1) For all children in receipt of Title IV-E FCM payments or independent living services.

(2) For the foster caregiver with whom the qualified non-citizen child is placed.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: February 7, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-04 Intercounty and interstate case management responsibility for foster care maintenance.

(A) The Title IV-E agency that holds legal responsibility as defined in rule 5101:2-47-13 of the Administrative Code for the care and placement/custody of the child retains responsibility for the management of the foster care maintenance (FCM) case regardless of where the biological family is living or where the child is placed.

(B) When legal responsibility for the care and placement/custody is transferred to an agency in another county, the FCM case shall be transferred to the new agency.

(C) When a child who is eligible for FCM reimbursement moves or is placed into a reimbursable setting in another state, Title XIX medicaid services will be provided by the receiving state. The child's placement must be made in accordance with the requirements of the interstate compact on the placement of children (ICPC) contained in Chapter 5101:2-52 of the Administrative Code.

(D) When a Title IV-E agency places a FCM eligible child in another Ohio county, the child will be provided with Title XX services by the county where the child is placed, in accordance with that county's Title XX plan.

(E) When legal responsibility for the care and placement/custody of a child is transferred from the Title IV-E agency to a private child placing agency (PCPA), the child is no longer eligible for FCM.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: July 1, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-05 Title XIX medicaid coverage for Title IV-E foster care maintenance (FCM) recipients in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).

(A) Children placed outside Ohio

(1) Within twenty business days after a Title IV-E FCM eligible and reimbursable child's placement out of state, the Ohio Title IV-E agency must take the following actions to transfer Title XIX medicaid coverage to the Title XIX medicaid authority in the state where the child has been placed:

(a) Provide written notifications to the responsible Title XIX medicaid authority in the state in which the child is placed of Ohio's intent to terminate the medicaid coverage. Notification shall, at a minimum, include the following:

(i) The proposed effective termination date of Ohio's Title XIX medicaid coverage.

(ii) A statement that the Title IV-E agency will continue to receive FCM reimbursements on the child's behalf and the Title XIX medicaid coverage will be provided by the state where the child is placed.

(b) Request written notification of the effective date of Title XIX medicaid coverage from the Title IV-E agency in the state where the child is placed.

(c) Inform the custodial Title IV-E agency of its right to a state hearing in accordance with Chapters 5101:6-1 to 5101:6-9 and rule 5101:6-3-01 of the Administrative Code.

(d) Ensure the Title XIX medicaid coverage in the Ohio statewide automated child welfare information system (SACWIS) is terminated and the out of state Title XIX medicaid coverage begins.

(2) Once every twelve months, provide the responsible Title XIX medicaid authority in the state where the child is placed with verification of the child continuing to be eligible for FCM reimbursement.

(3) When the child is no longer eligible for FCM reimbursement, provide written notification, within twenty business days of the determination, to the Title XIX medicaid authority in the state where the child is placed.

(B) Children placed in Ohio from another state

(1) Within twenty business days after being notified by a custodial Title IV-E agency from the other state that a FCM eligible and reimbursable child has been placed in Ohio, the following actions must be taken in order to authorize Title XIX medicaid coverage:

(a) The Ohio Title IV-E agency must obtain the following information, in writing, from the custodial Title IV-E agency in another state:

(i) The child's name, social security number and date of birth.

(ii) The substitute care provider's name and address.

(iii) The address where the medicaid card should be sent.

(iv) Verification of eligibility for FCM, which may include an approved FCM application.

(v) The name, address and phone number of a contact person at the custodial agency in another state with Title IV-E FCM case management responsibility.

(vi) The date Title XIX medicaid coverage in the state where the child is placed from will be terminated.

(vii) Any additional information regarding other health insurance coverage the child may have, including third-party liability.

(b) The Ohio Title IV-E agency must enter the appropriate COBRA FCM information in Ohio SACWIS which will authorize medicaid coverage.

(c) The Ohio Title IV-E agency must provide written notification of the effective date of Title XIX medicaid coverage to the custodial Title IV-E agency.

(d) The Ohio Title IV-E agency must complete the ODM 06612 "Health Insurance Information Sheet" if there is information that the child is covered under a health insurance plan.

(2) Once every twelve months, the Ohio Title IV-E agency shall request verification of continuing FCM eligibility from the custodial Title IV-E agency in the state receiving FCM reimbursements on behalf of a child placed in Ohio. Upon notification from the custodial Title IV-E agency that the child does not meet FCM program eligibility and reimbursability criteria, the Ohio Title IV-E agency shall take steps to:

(a) Terminate Title XIX medicaid coverage in Ohio SACWIS and follow the procedures outlined in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, in particular, rule 5101:6-3-01 of the Administrative Code.

(b) Advise the custodial Title IV-E agency that Ohio Title XIX medicaid coverage on behalf of the child may be explored.

(C) The Title IV-E agency shall maintain a separate case record for each FCM recipient who is placed in Ohio by a custodial Title IV-E agency. At a minimum, the case record shall contain all of the information required in paragraph (B) of this rule.

(D) A child who is eligible for FCM reimbursement in Ohio shall not be denied Title XIX medicaid coverage if the other state does not make Title XIX medicaid coverage available.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: July 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-07 Notice of right to a hearing for foster care maintenance.

(A) The Title IV-E agency shall be afforded the same opportunity for a state hearing as any other applicant/recipient of public assistance.

(B) The affected Title IV-E agency shall receive notice and copies of all materials related to state hearings as do other applicants/recipients of public assistance.

(C) All provisions of Chapters 5101:6-1 to 5101:6-9 of the Administrative Code apply to the administration of the foster care maintenance program.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: July 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-08 Required application/update for Title IV-D (child support) services and referrals to Title IV-A (public assistance); healthchek; third party insurance; and supplemental security income (SSI).

(A) The Title IV-E agency as defined in rule 5101:2-1-01 of the Administrative Code is to:

(1) Send an application, for all children, to the Title IV-D agency for child support utilizing the statewide automated child welfare system (SACWIS) within sixty days of legal responsibility for care and placement/custody, except where parental rights have been terminated by court order or permanent surrender.

(2) Send any court orders and other verifications available to the Title IV-D agency as defined in rule 5101:12-1-01 of the Administrative Code in the county in which the child was removed, when the Title IV-E agency obtains legal responsibility for care and placement/custody of the child.

(3) Send any court orders upon verification of any changes in the circumstances of the child or parent(s).

(4) Determine good cause circumstances where it is in the best interest of the child to suppress an application to establish an order for support to the Title IV-D agency. Good cause circumstances are to be documented in (SACWIS) and include but not limited to the following:

(a) The parent(s) would be unable to comply with the permanency plan of reunification due to the financial hardship caused by paying child support.

(b) The child is expected to be in foster care for less than sixty days.

(c) The noncustodial parent is a potential placement resource.

(d) The parent(s) are deceased.

(e) Other appropriate circumstances determined by the Title IV-E agency.

(B) The Title IV-E agency in receipt of child support payments on behalf of a child in care and placement/custody is to use the Title IV-D payment to support the child's cost of care. Any excess Title IV-D payments at the end of the child's care and placement/custody episode is to follow the child.

(C) The Title IV-E agency is to:

(1) Launch the interface electronic notification through SACWIS to the county Title IV-A agency within ten days of a child entering legal responsibility.

(2) Capture and exchange information pertinent to IV-E eligibility that may be in existing Title IV-A records from the client registry information system enhanced (CRIS-E)/Ohio integrated eligibility system (OIES)/Ohio benefits (OB), whichever is applicable.

(3) Transfer any selected demographic information that SACWIS receives from the county Title IV-A agency to determine Title IV-E eligibility.

(D) The Title IV-E agency is responsible for completing the ODM 03528 "Healthchek and Pregnancy related services information sheet" for each FCM eligible child pursuant to rule 5101:2-42-66.1 of the Administrative Code.

(E) The Title IV-E agency is to:

(1) Attempt to determine if the parent(s), guardian, or custodian has health care insurance coverage available to every FCM eligible child. If such insurance coverage is available, the Title IV-E agency is to complete the ODM 06612 "Health Insurance Information Sheet."

(2) Complete the ODM 06613 "Accident/Injury Insurance Information" for every FCM eligible child who is involved in an accident where there may be third party liability.

(3) Prior to termination of the legal responsibility for care and placement/custody of the child, complete in SACWIS the pre-termination review (PTR) of continuing Medicaid coverage, ODM 1958 "Referral for Medicaid Continuing Eligibility Review" pursuant to Chapters 5160:1-2 and 5101:6-7 of the Administrative Code.

(4) Consider making an application to the regional office of the social security administration (SSA) for supplemental security income (SSI) benefits for every child. The Title IV-E agency may receive FCM reimbursement and SSI benefits concurrently pursuant to rule 5101:2-47-12 of the Administrative Code.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: November 5, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-09 Case record requirements for Title IV-E foster care maintenance (FCM).

(A) Each Title IV-E agency shall make available upon request documentation which supports the Title IV-E agency's actions in the entire process of determining a child's eligibility for FCM.

(B) Each child's FCM eligibility documentation must include, but is not limited to:

(1) A completed JFS 01452 "Title IV-E Foster Care Maintenance Application for Initial Eligibility" prior to 2010 or a copy of the eligibility determination in the statewide automated child welfare information system (SACWIS).

(2) For court-ordered removals, a copy of all court orders including, but not limited to:

(a) The complaint, petition, probation violation or motion filed for the purpose of removing a child.

(b) The removal order, "Ex Parte," warrant or pick-up order which led to the child's removal from a specified relative and placed into detention or substitute care. The order must contain a judicial determination to the effect that continuation in the home of a specified relative would be contrary to the welfare of the child.

(c) The initial court order of custody or commitment giving the Title IV-E agency legal responsibility for the care and placement.

(d) The adjudication order.

(e) The court order containing the reasonable efforts to prevent the removal as required in rule 5101:2-47-22 of the Administrative Code.

(f) The dispositional order.

(g) The court orders containing the court's determination of reasonable efforts to finalize the permanency plan as required in rule 5101:2-47-22 of the Administrative Code.

(3) If the child entered custody as a result of a JFS 01645 "Agreement for Temporary Custody of a Child" a copy of the JFS 01645 and a copy of any court approved JFS 01645 thirty day extensions evidencing the court's determination that placement is in the best interest of the child, as applicable.

(4) If the child entered custody as a result of a JFS 01666 "Permanent Surrender of Child" a copy of the JFS 01666 and a copy of the court order received within one hundred eighty days from the date of placement evidencing the court's determination that placement is in the best interest of the child and that reasonable efforts were made, as applicable.

(5) Documentation of citizenship and immigration status for all children in foster care regardless of whether FCM payments are made on their behalf pursuant to rule 5101:2-33-29 of the Administrative Code.

(6) Documentation of the verification used to meet all of the FCM eligibility requirements described in Chapter 5101:2-47 of the Administrative Code.

(7) A copy of the Title IV-E agency's notification to the county department of job and family services (CDJFS) Title IV-A unit of a child entering custody if not processed through SACWIS.

(8) Copies of the ODM 06612 "Health Insurance Information Sheet", as applicable.

(9) Copies of the ODM 06613"Accident/Injury Insurance Information", as applicable.

(10) A copy of the ODM 03528 "Healthchek and Pregnancy Related Services Information Sheet".

(C) FCM program reimbursability documentation must include, but is not limited to:

(1) The receipt of supplemental security income (SSI) during the FCM claim period.

(2) Documentation of the child's income.

(3) A copy of each approval, license, certification, as applicable, for the child's placement during the time FCM reimbursements were made for the child.

(4) Documentation for difficulty of care payments:

(a) The degree of difficulty of care and supervision required by the special, exceptional or intensive needs child.

(b) The qualification of and degree of care and supervision provided by the substitute caregiver.

(c) Agency-specific emergency foster home criteria.

(5) A copy of documentation evidencing repayment of any identified FCM overpayment.

(6) A copy of documentation used to receive reimbursements for clothing, personal incidentals and graduation expenses.

(D) Case records may be maintained as hard copy files, electronic files or as a combination of both. If an electronic copy is kept, upon request a hard copy of the file must be made available for audit purposes.

(E) Each case record prepared and maintained must be kept permanently and may be integrated into the child's case record pursuant to rule 5101:2-33-23 of the Administrative Code once the child is no longer in the legal responsibility for the care and placement/custody of the Title IV-E agency.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-10 Reimbursement for Title IV-E foster care maintenance (FCM) costs for a foster home.

(A) A Title IV-E agency, private child placing agency (PCPA), private non-custodial agency (PNA), and other state of Ohio licensed non-custodial agencies are to submit a JFS 02911 "Title IV-E Single Cost Report" as described in rule 5101:2-47-26.1 of the Administrative Code in order to be reimbursed for foster care costs when a child is placed in a foster home as defined in rule 5101:2-1-01 of the Administrative Code.

(B) If a JFS 02911 cost report has been approved for children placed in a foster home, a Title IV-E administration reimbursement ceiling amount will be calculated based on reported and allowable Title IV-E administration costs and rounded to the nearest dollar.

(C) Administration reimbursement to the Title IV-E agency for children placed in a foster home is based on the lesser of:

(1) The Title IV-E administration reimbursement ceiling amount established by the JFS 02911 multiplied by the number of care days; or

(2) The amount paid by the Title IV-E agency for administration.

(D) FCM reimbursement to the Title IV-E agency for children placed in a foster home is based on a contemporaneous payment system. Reimbursement in a contemporaneous payment system is the lesser of the following:

(1) The uniform statewide maximum amounts published annually in a "Family, Children and Adult Services Procedure Letter" located at http://emanuals.jfs.ohio.gov/ and published once a year.

(2) The agreed upon foster care placement amount paid by the Title IV-E agency. The agreed upon foster care placement amount is to be equal to the amount the private agency reimburses their foster parents for the maintenance of the children.

(3) The agreed upon amount paid by the Title IV-E agency for other direct services which include: special diets, clothing, graduation expenses, personal incidentals, liability insurance with respect to the child and reasonable travel expense for home visits provided these expenses are not included in the agreed upon foster care placement amount.

(E) Title IV-E costs are reimbursable to the Title IV-E agency at the appropriate federal financial participation (FFP) amount.

(1) The FCM costs are reimbursable at the federal medical assistance percentage (FMAP) which is calculated annually by the federal government; and

(2) Title IV-E administration costs are reimbursable at the fixed rate of fifty per cent.

(F) FCM reimbursement to the Title IV-E agency for a child placed in a foster home provider or an out-of-state foster home not participating in the Ohio department of job and family services (ODJFS) FCM reimbursement ceiling amount approval system is limited to the actual maintenance costs for that child, but cannot exceed the uniform statewide maximum rates published annually in a "Family, Children and Adult Services Procedure Letter."

(G) Each Title IV-E agency is to enter all cases in the Ohio statewide automated child welfare information system (SACWIS).

(H) To receive reimbursement a Title IV-E agency processing their payments and seeking reimbursement from SACWIS will:

(1) Record placement, service authorization and placement cost information for each child.

(2) Generate a payment by creating a payment request and sending the payment information to the county auditor for payment.

(3) Disburse payments through the county auditor at any point during a month. These payments will be reimbursed during the monthly reimbursement process conducted by ODJFS on the first business day of the following month.

(4) Access reports to review all itemized reimbursements and assure the reimbursements are accurate.

(I) Reimbursement will be payable to the Title IV-E agency which registers the Title IV-E cases. The payment amount will be calculated from the completed reimbursement processing at the applicable FFP.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 29, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-11 Reimbursement for Title IV-E foster care maintenance (FCM) costs for children's residential centers (CRC), group homes, maternity homes, residential parenting facilities, and substance use disorder (SUD) residential facilities certified prior to October 1, 2020.

(A) In order to be reimbursed for Title IV-E FCM costs when a child is placed in a CRC, group home, maternity home, residential parenting facility, or with a parent in a SUD residential facility as defined in rule 5101:2-1-01 of the Administrative Code a JFS 02911 "Title IV-E Single Cost Report" as described in rule 5101:2-47-26.1 of the Administrative Code is to be submitted to the Ohio department of job and family services annually. Agencies certified prior to October 1, 2020 have until October 1, 2024 to become compliant with the requirements related to meeting qualified residential treatment program (QRTP) standards.

(B) If a JFS 02911 cost report has been approved for children placed in a CRC, group home, maternity home, residential parenting facility or SUD residential facility, two Title IV-E reimbursement ceiling amounts are calculated and rounded to the nearest dollar.

(1) The FCM reimbursement ceiling amount is based on reported and allowable FCM costs.

(2) The Title IV-E administration reimbursement ceiling amount is based on reported allowable Title IV-E administration costs.

(C) Reimbursement to the Title IV-E agency for children placed in a CRC, group home, maternity home, residential parenting facility, or SUD residential facility is based on the lesser of:

(1) The FCM reimbursement ceiling amount established by the JFS 02911 multiplied by the number of care days or the amount paid by the Title IV-E agency for foster care maintenance.

(2) The administration reimbursement ceiling amount established by the JFS 02911 multiplied by the number of care days or the amount paid by the Title IV-E agency for administration.

(D) Title IV-E costs are reimbursable to the Title IV-E agency at the appropriate federal financial participation (FFP) amount.

(1) The FCM costs are reimbursable at the federal medical assistance percentage (FMAP) which is calculated annually by the federal government; and

(2) Title IV-E administration costs are reimbursable at the fixed rate of fifty per cent.

(E) FCM reimbursement can be claimed whenever a child is placed with a parent in a SUD residential facility without meeting the ADC-relatedness requirement and the placement does not exceed twelve months. The following criteria is to be met:

(1) The recommendation for the placement is specified in the child's case plan before the placement.

(2) The SUD residential facility provides, as part of the treatment for substance abuse, the following services:

(a) Parenting skills training.

(b) Parent education.

(c) Individual counseling.

(d) Family counseling.

(3) The services identified in this rule are provided under an organizational structure and treatment framework with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing.

(F) Each Title IV-E agency is to enter all cases in the Ohio statewide automated child welfare information system (SACWIS).

(G) To receive reimbursement a Title IV-E agency processing their payments and seeking reimbursement from SACWIS is to:

(1) Record placement, service authorization and placement cost information for each child.

(2) Generate a payment by creating a payment request and sending the payment information to the county auditor for payment.

(3) Disburse payments through the county auditor at any point during a month. These payments will be reimbursed during the monthly reimbursement process conducted by ODJFS on the first business day of the following month.

(4) Access reports to review all itemized reimbursements and assure the reimbursements are accurate.

(H) Reimbursement will be payable to the Title IV-E agency which registers the Title IV-E cases. The payment amount will be calculated from the completed reimbursement processing at the applicable FFP.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 29, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-12 Title IV-E foster care maintenance (FCM): Initial determination of program eligibility and reimbursability.

(A) The FCM initial program eligibility shall be determined in the statewide automated child welfare information system (SACWIS) by the Title IV-E agency representative within sixty days of the time the agency receives legal responsibility for the care and placement/custody of the child. If the eligibility determination was made in error the FCM eligibility determination can be corrected.

(B) FCM program eligibility remains for a child for whom the responsibility for care and placement/custody has been transferred from another public or private agency to the Title IV-E agency. FCM program eligibility shall be determined once per removal episode based on the original court order which removed the child from a specified relative.

(C) A child shall be considered FCM program eligible if, at the time the child enters care:

(1) The Title IV-E agency has legal responsibility for the care and placement/custody of the child as described in rule 5101:2-47-13 of the Administrative Code; and

(2) The child met the aid to dependent children (ADC)-relatedness requirements as described in rule 5101:2-47-14 of the Administrative Code except when:

(a) A child's placement is with a parent in a substance use disorder (SUD) residential facility, as defined in rule 5101:2-1-01 of the Administrative Code, in which case ADC-relatedness is not required.

(b) A child who is a candidate for Title IV-E prevention services as described in rule 5101:2-45-02 of the Administrative Code is in the home of a kinship caregiver, as defined in section 5101.85 of the Revised Code, for more than six-months, the ADC requirement of living with a specified relative within the last six months is not required.

(D) A Title IV-E agency may complete a FCM eligibility determination in SACWIS later than sixty days of the child's entry into the legal responsibility for the care and placement/custody of the agency if the Title IV-E agency documents that there were extenuating circumstances preventing completion within the sixty day period.

(E) Once FCM initial eligibility is established, the child remains program eligible for the entire custody episode through the end of the month of the child's eighteenth birthday. The following exceptions may occur:

(1) FCM eligibility may continue beyond his or her eighteenth birthday if there is documentation from the educational provider that the child is a full-time student reasonably expected to complete high school or equivalent level of vocational or technical training prior to his or her nineteenth birthday.

(2) If the child, who was placed with a parent in a SUD residential facility, is no longer placed with the parent and is in any other placement type, eligibility that excluded ADC-relatedness shall be reviewed for continuing eligibility.

(F) The child is no longer program eligible for FCM when any of the following occur:

(1) At the end of the month of the child's eighteenth birthday except as stated in paragraph (E) of this rule.

(2) The child entered care as a result of a JFS 01645 "Agreement for Temporary Custody of Child" pursuant to rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code and the agency failed to acquire a best interest statement in accordance with rules 5101:2-42-08 and 5101:2-47-13 of the Administrative Code from the juvenile court. Eligibility ends at the end of the thirtieth day of the executed JFS 01645.

(3) The child entered care as a result of a JFS 01666 "Permanent Surrender of Child" pursuant to rules 5101:2-42-09 and 5101:2-47-13 of the Administrative Code and the agency failed to acquire a judicial determination of best interest and reasonable efforts in accordance with rules 5101:2-39-01, 5101:2-47-13 and 5101:2-47-22 of the Administrative Code. Eligibility ends at the end of the one hundred eightieth day of the executed JFS 01666.

(4) The Title IV-E agency's legal responsibility for the child ends. Eligibility ends at the end of the day legal responsibility ends. Any subsequent removal of the child from his home constitutes a new removal episode and will require a new program eligibility determination in accordance with this rule.

(5) The child is no longer placed with a parent in a SUD residential facility, unless the child meets the ADC-relatedness eligibility criteria.

(6) The child dies. Eligibility ends on the date of death.

(G) A new FCM eligibility determination in SACWIS shall be completed when any of the following occur:

(1) The Title IV-E agency's responsibility for the child terminates and the child reenters care through court action or via a JFS 01645 or a JFS 01666 at a later date.

(2) A trial home visit exceeds six months and has not been authorized by the court, or exceeds the time period the court has deemed appropriate and the child is subsequently returned to foster care. The month the child is returned to foster care is the month in which eligibility shall be determined.

(3) A child who was initially determined ineligible based on not meeting ADC-relatedness and is now placed with a parent in SUD residential facility becomes program eligible by excluding the ADC- relatedness factors.

(H) FCM initial program reimbursability shall be determined for a child who is FCM program eligible at the time the child entered care. A FCM program eligible child shall be reimbursable when both of the following apply:

(1) The child's countable income is less than the cost of care paid by the agency.

(2) The child is placed in a setting which is licensed, certified or approved, by ODJFS or another state agency with such authority as outlined in rule 5101:2-47-16 of the Administrative Code.

(I) The child is no longer program reimbursable for FCM when any of the following occur:

(1) Reasonable efforts to finalize the permanency plan are not met in accordance with rule 5101:2-47-22 of the Administrative Code.

(2) The child is not placed in a setting that is licensed, certified or approved, as outlined in rule 5101:2-47-16 of the Administrative Code.

(J) If a child is eligible for both supplemental security income (SSI) and FCM benefits, the Title IV-E agency may choose to do one of the following based on the child's cost of care:

(1) Receive both benefits concurrently. If the Title IV-E agency chooses to receive both benefits, the FCM payment (including both non-federal and federal dollars) is considered income for the determination of SSI eligibility and reduces the amount of the SSI payment dollar for dollar. If the FCM payment is in excess of the SSI payment, the child will not receive a SSI payment.

(2) The Title IV-E agency may pay for the placement cost with local (non-federal) dollars, which are not considered income for SSI eligibility, and receive the SSI benefit for reimbursement of the placement cost.

(K) If the child receives any type of income or resources while in the legal responsibility of care and placement /custody of a Title IV-E agency, that income or resource shall be entered into SACWIS.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-13 Title IV-E foster care maintenance (FCM) program eligibility: Legal responsibility requirements.

(A) "Legal responsibility" means that for the care of the child under the FCM program, the Title IV-E agency has legal responsibility for the care and placement/custody of the child. This can be established through a court order, a JFS 01645 "Agreement for Temporary Custody of Child" or a JFS 01666 "Permanent Surrender of Child."

(B) If legal responsibility is established through court action, the Title IV-E agency must obtain from the appropriate juvenile court an order:

(1) Removing the child from the home of a specified relative as defined in rule 5101:2-47-14 of the Administrative Code; or

(2) Removing the child, who is a candidate for Title IV-E prevention services, from a parent(s) showing the child has been living with a kinship caregiver, as defined in section 5101.85 of the Revised Code, for more than six months prior to the removal.

(C) The court order giving the agency legal responsibility for the child's care and placement/custody may be one of the following:

(1) An ex parte emergency court order as defined in rule 5101:2-1-01 of the Administrative Code.

(2) Temporary custody as defined in rule 5101:2-1-01 of the Administrative Code.

(3) Permanent custody as defined in rule 5101:2-1-01 of the Administrative Code.

(4) A planned permanent living arrangement order as defined in rule 5101:2-1-01 of the Administrative Code.

(D) If the Title IV-E agency's legal responsibility for care and placement/custody is obtained by a court order, the order leading to the removal of the child from the home of a specified relative must contain a judicial determination to the effect that continuation in the home would be contrary to the welfare, or that the placement is in the best interest of the child.

(E) In situations where a child is in a detention facility at the time the legal responsibility is directly ordered to the Title IV-E agency that begins the removal episode, the court order placing the child into detention or the warrant will serve as the initial court order that removed the child from the specified relative.

(F) If the judicial determination that continuation in the home would be contrary to the welfare, or that the placement is in the best interest of the child is not obtained, the child will not be FCM program eligible or reimbursable for this custody episode.

(G) If the Title IV-E agency's responsibility for care and placement/custody is obtained by a court order, a judicial determination of reasonable efforts, as described in rule 5101:2-47-22 of the Administrative Code, by a juvenile court of competent jurisdiction shall be obtained no later than sixty days from the date the child is removed from the home of a specified relative. If this determination is not obtained by the sixtieth day, the child will not be FCM program eligible or reimbursable for this custody episode.

(H) For all children who entered care as the result of a JFS 01645, the JFS 01645 must be executed in accordance with rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code. A judicial determination specifying that the placement is in the best interest of the child must be obtained when the Title IV-E agency requests an original thirty-day extension of the JFS 01645 pursuant to rule 5101:2-42-08 of the Administrative Code. If the best interest judicial determination is not obtained when an original thirty-day extension is requested, the child will not be FCM program eligible or reimbursable after thirty days, unless prior to the thirty days elapsing the Title IV-E agency obtains the following:

(1) A court order for care and placement/custody. Under this circumstance the agency must obtain the best interest determination in the court order giving continued custody to the agency.

(2) A JFS 01666. Under this circumstance, the signed, court approved JFS 01666 must contain the best interest determination.

(I) A JFS 01666 signed by the parent(s) is acceptable as a voluntary placement agreement for FCM program eligibility purposes if it is the event which initially leads to the Title IV-E agency having legal responsibility for the child's care and placement/custody. In such cases, by the one hundred eightieth day from the date of placement, the Title IV-E agency must:

(1) Petition the court for a judicial determination to the effect that continuation in the home of the specified relative is contrary to the welfare or that the placement is in the best interest of the child; and

(2) Obtain the judicial determination of reasonable efforts, as described in rule 5101:2-47-22 of the Administrative Code.

(J) The judicial determinations required in this rule must be explicitly documented and made on a case by case basis and so stated in the court order. If the reasonable efforts or contrary to the welfare judicial determinations are not included as required in the court order, a transcript of the court proceedings is the only other documentation that will be accepted to verify that these required determinations have been made. An affidavit, amendment or a nunc pro tunc order will not be accepted as verification documentation of these judicial determinations.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-14 Title IV-E foster care maintenance (FCM) program eligibility: ADC-relatedness.

(A) In order to meet FCM initial program eligibility, the child must have a relatedness to the aid to dependent children (ADC) program authorized under Title IV-A of the Social Security Act as of July 16, 1996. Each ADC eligibility criteria must be met in the month of, but prior to the child's removal from the home including the date of removal. All applicable ADC eligibility requirements found in the appendix to rule 5101:2-47-14.1 of the Administrative Code shall be applied when determining eligibility for ADC. Attempts must be made to verify all Title IV-E program eligibility requirements. Such attempts must be documented in the child's Title IV-E case record. In situations in which no information is available, eligibility cannot be established.

(B) The "eligibility month" means:

(1) The month during which a JFS 01645 "Agreement for Temporary Custody of Child" is executed in accordance with rule 5101:2-42-06 of the Administrative Code.

(2) The month during which a JFS 01666 "Permanent Surrender" is executed in accordance with rule 5101:2-42-09 of the Administrative Code.

(3) The month during which the public children services agency (PCSA) or a public entity with whom the Ohio department of job and family services (ODJFS) has a Title IV-E interagency agreement in effect:

(a) Files a petition for the legal responsiblity for care and placement/custody of the child which eventually leads to a court ordered removal of the child, or

(b) The month in which the court orders the commitment of the child to the Title IV-E agency, or

(c) The month in which the child is placed in detention, whichever occurs first.

(4) The month the child enters custody is not necessarily the same as the eligibility month.

(C) The specified relative from which the child was removed is the household which must be examined when determining ADC-relatedness. For purposes of FCM, "removal of the child from the specified relative," as used in paragraph (E) of this rule, means:

(1) A judicial order for a physical or constructive removal (non-physical, paper removal) of the child from the specified relative has been issued.

(2) An executed JFS 01645 or JFS 01666 has been entered into which leads to a physical or constructive removal of the child from the specified relative.

(D) A removal has not occurred in situations where legal custody has been removed from the specified relative and the child remains with the same relative.

(E) The circumstances which determine ADC eligibility include all of the following:

(1) Living with a specified relative.

(a) For purposes of meeting the requirements for living with a specified relative prior to the removal as described in paragraph (C) of this rule, one of the following must apply.

(i) The child was living with the specified relative and was ADC-related in that household in the eligibility month as defined in paragraph (B) of this rule.

(ii) The child had been living with the specified relative within six months of the eligibility month, as defined in paragraph (B) of this rule, and would have met the requirements of paragraphs (E)(2) to (E)(5) of this rule in the eligibility month if the child had continued to reside with the specified relative.

(iii) The ADC requirement of living with a specified relative within the last six months does not apply to a child who is a candidate for Title IV-E prevention services as described in rule 5101:2-45-02 of the Administrative Code and is in the home of a kinship caregiver, as defined in section 5101.85 of the Revised Code.

(b) The "specified relative," as defined in appendix A of rule 5101:2-47-14.1 of the Administrative Code is a blood relative, including those of half blood, who may be one of the following:

(i) Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nephew, niece, half brother, half sister, first cousin, first cousin once removed, or any person of preceding generation denoted by prefix of "grand," "great-grand," "great," "great-great," and "great-great-great."

(ii) Any person who legally adopted the child or adopted the child's parent, or the natural children or other adopted children of such person.

(iii) Married spouse of any person named above, even though the marriage had been terminated by death or divorce.

(iv) Paternal relatives of an out-of-wedlock child are relatives for ADC purposes, provided that the father meets one of the definitions of a parent.

(2) Age

A child is ADC eligible through the month of his or her eighteenth birthday. The following requirements apply for other circumstances:

(a) A child may remain eligible for ADC beyond his or her eighteenth birthday only if the child is a full-time student reasonably expected to complete a secondary school program or the equivalent of vocational or technical training prior to his or her nineteenth birthday.

A child who will be nineteen the same month in which the child completes the secondary school program or equivalent, is eligible for ADC through that month.

(b) A child who completes high school prior to his or her eighteenth birthday and is attending college or college-level vocational or technical training is eligible for ADC through the month of his or her eighteenth birthday.

(c) A child who is not reasonably expected to complete high school or the equivalent training prior to his or her nineteenth birthday is ineligible for ADC the month following the month of his or her eighteenth birthday.

(d) A child who is eighteen and has completed high school and is now enrolled in a technical program that can be completed before age nineteen is not eligible for ADC.

(e) In cases where the year and the month in which the child was born can be established, but not the exact day, the first of the month is to be used as the child's birthday.

(3) Deprivation

In the eligibility month, but prior to the child's removal from the home, the child must be deprived of the support of one or both parents as a result of one of the following:

(a) Death.

(b) Incapacity.

(c) Continued absence from the removal home.

(d) Unemployment of the principal wage-earning parent.

(4) Need

(a) In the eligibility month, but prior to the child's removal from the specified relative, the income available to the child must be less than the state of Ohio's one hundred eighty-five per cent and the one hundred per cent standard of need for ADC eligibility, in effect on July 16, 1996.

(b) In the eligibility month, but prior to the child's removal from the specified relative, the income and resources of the standard filing unit (SFU) as defined in rule 5101:2-47-14.1 of the Administrative Code must be considered in the needs determination.

(c) In the eligibility month, but prior to the child's removal from the specified relative, under constructive removal situations, the income and resources of the SFU as defined in rule 5101:2-47-14.1 of the Administrative Code must be considered in the needs determination. The household of the parent or other specified relative that the child is constructively removed from shall be the household in which the SFU will be established.

(d) In the eligibility month, but prior to the child's removal from the specified relative, the resources available to the SFU shall not exceed ten thousand dollars.

(i) The ten thousand dollar resource limit does not include:

(a) Homestead property which is the usual residence of the assistance group.

(b) One motor vehicle, the value of which does not exceed one thousand five hundred dollars with consideration of liens or encumbrances. Any excess value over the limit is applied to the overall resource limit.

(c) Items or personal property owned by the members of the SFU that are considered as household goods and personal effects.

(d) The resources of an SSI recipient and the resources of an individual for whom federal, state or local foster care maintenance (FCM) payments are made.

(e) Funeral arrangements valued at one thousand five hundred dollars or less for each member of the SFU. Equity value for funeral arrangements that exceed the limit shall be counted toward the overall resource limit.

(f) One burial space for each member of the SFU.

(g) Bona fide loans from any source.

(h) Educational grants and scholarships from any source for undergraduate and graduate college expenses.

(i) Payments received by individuals of Japanese ancestry under section 105 of Public Law 100-383, and payments received by Aleuts under section 206 of Public Law 100-383(1988).

(j) Payments received under the provisions of the Agent Orange Compensation Exclusion Act of 1989 (Public Law 101-201).

(k) Earned income tax credit (EITC) payments in the form of a refund of "federal" income taxes or in the form of an advance payment by an employer must be disregarded in the month and the month following the receipt of such payment.

(l) The resources of an individual on whose behalf federal, state or local FCM payments are made.

(m) Payments received under the provisions of the Radiation Exposure Compensation Act of 1990 (Public Law 101-246).

(n) Payments received under the provisions of the Maine Indian Claims Settlement Act of 1980 (Public Law 96-240).

(o) Payments received under the provisions of Aroostook Band of Micmacs Act of 1991 (Public Law 102-171).

(p) Payments received under the provisions of the Child Care and development Block Grant (Section 5082 of Public Law 101-508)(1990).

(q) Escrow accounts established and credited as the direct result of the SFU's involvement in the family self-sufficiency program. These escrow accounts are only considered available when the SFU is no longer receiving any federal, state, or other public assistance for housing.

(r) Payments received under the provisions of the Seneca Nation Settlement Act of 1990 (Public Law 101-503).

(5) The ten-thousand dollar resource limit includes but is not limited to:

(a) The equity value of real property not used as the residence of the SFU, assessed according to its equity value. Any income received from income-producing property is counted as income to the case.

(b) The equity value of any burial spaces in excess of one per person.

(c) The cash value of life insurance policies.

(d) Household goods and personal effects not considered as exempt resources.

(e) The amount of cash on hand.

(f) The current savings and checking account balances.

(g) The value of any stocks, bonds and trust accounts.

(h) The value of revocable funeral agreements.

(i) The value of all vehicles available to the SFU.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-14.1 Title IV-E eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

(A) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 and the Balanced Budget Act of 1997, P.L. 105-33 amended Title IV-E eligibility requirements for the foster care maintenance (FCM) program.

(B) The term "public agency" shall mean either a public children services agency (PCSA) which is either a county children services board or children services unit within the county department of job and family services or a public entity with whom the Ohio department of job and family services (ODJFS) has a Title IV-E sub-grant agreement in effect.

(C) The public agency must determine FCM eligibility in the statewide automated child welfare information system (SACWIS) for each child within sixty days of the child's entry into the care of and placement by the agency.

(D) All aid to dependent children (ADC)-relatedness eligibility determinations for the Title IV-E program shall be based upon whether the household from which the child was removed would have met the ADC-relatedness eligibility requirements that were in effect on July 16, 1996. ADC eligibility must be met in the month of, but prior to, the child's removal from the specified relative, including the date of removal.

(E) The ADC-relatedness Administrative Code rules defining these requirements are contained in appendix A to this rule.

View Appendix

Last updated February 9, 2026 at 4:15 PM

History

• Effective: June 23, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-15 Foster care maintenance program reimbursability: authorization for foster care maintenance and auxiliary payment reimbursements.

(A) Foster care maintenance (FCM) reimbursements for children placed in licensed or certified placement settings as defined in rule 5101:2-47-16 of the Administrative Code must be authorized in the statewide automated child welfare information system (SACWIS). The reimbursement shall be in the form of a warrant made to the Title IV-E agency having legal responsibility for the care and placement/custody of the child.

(B) Any change or discontinuation of reimbursement made for a child placed in substitute care, as a result of a change in the child's circumstances, must be made in SACWIS as soon as the Title IV-E agency becomes aware of the change.

(C) FCM difficulty of care reimbursement for special needs, exceptional needs, intensive needs, and children placed in emergency foster homes as described in rule 5101:2-47-18 of the Administrative Code must be authorized through SACWIS.

(D) Expenses for foster home, emergency foster home, clothing, difficulty of care, graduation, personal incidentals, medical card issuance, and reimbursable employment-related child care as outlined in rules 5101:2-47-17, 5101:2-47-18, and 5101:2-47-19 of the Administrative Code, for children placed in foster homes, including relative homes or prefinalized adoptive homes that are licensed foster homes, shall be authorized as auxiliary payments through SACWIS.

(E) Expenses for clothing, graduation and personal incidentals, as described in rule 5101:2-47-19 of the Administrative Code will be reimbursed as auxiliary payments through SACWIS for children placed in children's residential centers, group homes, purchased foster homes, residential parenting facilities, a substance use disorder (SUD) residential facility or a qualified residential treatment program (QRTP) as described in rule 5101:2-47-11 of the Administrative Code.

(F) An underpayment for FCM occurs when the eligible Title IV-E agency does not receive a reimbursement to which it is entitled or receives less than the amount to which it is entitled.

(G) The Title IV-E agency shall take immediate action to adjust the underpayment through SACWIS as soon as information is received that affects reimbursement for FCM effective on the actual day of the month the underpayment occurred.

(H) An overpayment occurs when a Title IV-E agency receives a reimbursement or an amount of reimbursement to which it is not entitled.

(I) An overpayment for FCM can occur as a result of either of the following reasons:

(1) The reimbursement made was in excess of the allowable amount; or

(2) The child for whom an FCM reimbursement was made was not eligible for such reimbursement during the month for which reimbursement was made.

(J) The Title IV-E agency is responsible for reviewing, at the request of Ohio department of job and family services (ODJFS), reimbursement records for Title IV-E cases to determine if an overpayment has occurred.

(K) The Title IV-E agency shall take immediate action to terminate or adjust the overpayment as soon as information is received that affects reimbursement for FCM effective on the actual day of the month the overpayment occurred.

(L) A copy of the documentation evidencing repayment of any identified Title IV-E FCM overpayment must be retained in the Title IV-E case record.

(M) Any adverse action taken regarding the financial status of a FCM case must be made according to the provisions set forth in Chapters 5101:6-1 to 5101:6-9 and rule 5101:6-3-01 of the Administrative Code.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-16 Title IV-E foster care maintenance (FCM) program: Reimbursable placement settings.

(A) FCM reimbursements may be claimed if the FCM eligible child is placed in one of the following placement settings which is licensed, certified or approved, as appropriate, by the Ohio department of job and family services (ODJFS) or another state agency with such licensure, certification or approval authority:

(1) Foster home, including a relative home licensed as a foster home or a pre-adoptive licensed foster home in which the child continues to receive FCM reimbursements. FCM reimbursements may be claimed from the date the foster home or relative home licensed as a foster home or pre-adoptive licensed foster home satisfies all of the requirements for certification to the date on which the certificate is actually issued, not to exceed sixty days.

(2) Private nonprofit, private for-profit or public group home. As long as the child was placed into the group home was prior to October 1, 2021. Reimbursement ends upon discharge after October 1, 2021. Reimbursement is available for children placed into a group home after October 1, 2021 for up to fourteen days while the placement setting is working towards becoming a qualified residential treatment program (QRTP).

(3) Private nonprofit or private for-profit children's residential center (CRC). As long as the child was placed into the CRC prior to October 1, 2021. Reimbursement ends upon discharge after October 1, 2021. Reimbursement is available for children placed into a CRC after October 1, 2021 for up to fourteen days while the setting is working towards becoming a QRTP.

(4) Public CRC which accommodates no more than twenty-five children. As long as the child was placed into the CRC prior to October 1,2021. Reimbursement ends upon discharge after October 1, 2021. Reimbursement is available for children placed into a CRC after October 1, 2021 for up to fourteen days while the setting is working towards becoming a QRTP.

(5) Private foster care from a private child placing agency (PCPA), private noncustodial agency (PNA) or another public children services agency (PCSA).

(6) With a parent in a substance use disorder (SUD) residential facility, as defined in rule 5101:2-1-01 of the Administrative Code.

(7) Qualified residential treatment program (QRTP), as defined in rule 5101:2-9-42 of the Administrative Code. A public QRTP cannot accommodate more than twenty-five children.

(B) A child may be on a temporary leave from a foster home to another foster home without constituting a move, when all of the following are met:

(1) The foster home is licensed at the same level of care as the current foster home.

(2) The temporary leave is more than twenty-four hours but for no more than fourteen days.

(3) The child returns to the original foster home by the end of the fourteenth day.

(4) The child may be in only one temporary leave type during a fourteen day period to be reimbursable without returning to the original foster home before beginning another temporary leave.

(5) A child on leave longer than fourteen days will constitute as a placement move.

(C) FCM reimbursement may be claimed for payments made to the provider to hold a bed if the following are met:

(1) The child shall be physically placed into the setting prior to the leave.

(2) The bed shall be available while being held for the child's return.

(3) The leave does not exceed fourteen calendar days.

(4) The child returns to the same placement as he or she was placed into prior to the leave.

(5) The child shall be in one of the following types of leave:

(a) Absence without leave (AWOL).

(b) Hospital.

(c) Trial home visit (for the purpose of reunification).

(d) Parental, relative or non-relative visit.

(e) Camp (eg. boy/girl scout camp, 4H camp, band camp, church camp, sports camp).

(f) Vacation (child only).

(D) Reimbursable placement facilities located outside of Ohio are limited to the types of homes and a QRTP described in paragraph (A) of this rule which are licensed, certified or approved by the agency responsible for the licensing, certification or approval of such facilities in the state where the placement facility is located. Placements outside of Ohio must be made in accordance with rules contained in Chapter 5101:2-52 of the Administrative Code.

(E) Children who are otherwise FCM program eligible are not program reimbursable during their period of residence in the following placement settings or placement categories:

(1) Court-ordered placements with a specific foster care provider. This does not include a court-ordered placement where the Title IV-E court has legal responsibility for the care and placement of the child or a court-ordered placement where the court followed or considered the recommendation of the Title IV-E agency for placement and was so noted in the court order.

(2) Detention facilities, forestry camps, training schools, or other locked facilities operated primarily for the detention of children who are determined to be delinquent.

(3) AWOL, hospital or leave except as described in paragraph (B) of this rule.

(4) A home or facility including a pre-adoptive home not licensed, approved or certified or a pre- adoptive home licensed as a foster home in which the child does not continue to receive Title IV-E FCM payments.

(5) A relative home neither licensed, certified or approved nor in the process of licensure, certification or approval as a foster home.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-17 Title IV- E foster care maintenance (FCM) program reimbursability: Reimbursements for FCM and child care for public foster homes, relative homes, and pre-finalized adoptive homes.

(A) Uniform statewide standards for FCM minimum and maximum reimbursement amounts for public foster homes, relative homes licensed as foster homes and pre-finalized adoptive homes that continue to receive FCM reimbursements have been established by the Ohio department of job and family services (ODJFS). These amounts shall be updated annually by the issuance of a "Family, Children and Adult Services Procedure Letter" and are the minimum and maximum amounts that can be authorized for FCM reimbursements for a child placed in the substitute care settings.

(1) If there is a difference between the statewide maximum reimbursement amount and a higher Title IV-E agency payment amount, the Title IV-E agency shall supplement payments without benefit of federal financial participation (FFP) under Title IV-E.

(2) If there is a difference between the statewide minimum reimbursement amount and a lesser Title IV-E agency payment amount, the Title IV-E agency shall not claim FCM funds to support the placement of the child.

(B) FCM reimbursements for employment-related child care and child care when the foster parent is required to participate, without the child, in activities associated with parenting a child in foster care that are beyond the scope of ordinary parental duties may be authorized for a FCM reimbursable child placed in a foster home, relative home licensed as a foster home or pre-finalized adoptive home provided that the child care provider is licensed or certified.

(1) The maximum child care reimbursement to the Title IV-E agency shall not exceed the amounts referenced in rule 5101:2-16-10 of the Administrative Code.

(2) The definitions for the age categories are contained in rule 5101:2-16-01 of the Administrative Code. Reimbursements for child care, as described in this rule, may be authorized for a foster child between the ages of thirteen and eighteen who qualifies for a difficulty of care payment referenced in rule 5101:2-47-18 of the Administrative Code.

(3) Child care, as described in this rule, shall be claimed for reimbursement through the Ohio statewide automated child welfare information system (SACWIS).

(C) "Relative homes" and "pre-finalized adoptive homes" as used in this rule mean a licensed/certified/approved foster home.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: February 7, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-18 Title IV-E foster care maintenance (FCM) program reimbursability: Reimbursements related to the difficulty of care needs of a child placed in a foster home, treatment foster home, relative home, or pre-finalized adoptive home.

(A) A child with special, exceptional, or intensive needs, as defined in this rule, receiving FCM reimbursements may be eligible for a supplemental difficulty of care reimbursement. This reimbursement is available for a child who has been determined by the Title IV-E agency to have special, exceptional, or intensive needs that necessitate special parenting attention and care.

(B) Child characteristics describing the child's special, exceptional, or intensive placement services are to be entered into the Ohio's comprehensive child welfare information system (Ohio's CCWIS) within thirty days of the Title IV-E agency receiving custody.

(C) Difficulty of care reimbursements are updated annually by the issuance of a "Family, Children and Adult Services Procedure Letter" and may be offered at one of the following three levels of intensity depending upon the needs of the child and qualifications of the substitute caregiver:

(1) Special needs.

(2) Exceptional needs.

(3) Intensive needs.

(D) A child is eligible for special needs difficulty of care reimbursements when a child is placed in a foster home or, on or after April 1, 2005, in a treatment foster home, as defined in rule 5101:2-1-01 of the Administrative Code, and who presents:

(1) Moderate emotional or behavioral management problems. These children may display a moderate degree of acting out marked by aggressiveness and/or delinquent behavior such as truancy or running away, substance abuse or any other emotional problems with the primary location of treatment being in the treatment foster home; or

(2) A physical condition determined by a physician which warrants specialized care.

(E) The Title IV-E agency is to provide special needs difficulty of care reimbursements only to a foster caregiver or, for eligible children placed on or after April 1, 2005, to a treatment foster caregiver certified pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. The care and supervision that is to be given by the substitute caregiver of a special needs child is to include, at a minimum:

(1) Twenty-four- hour availability for supervision.

(2) Ability to meet the child's basic needs.

(3) Ability to meet the child's treatment needs, including supervision or provision of prescribed care, such as preparation of special diets or assisting in a program of physical therapy.

(F) A child is eligible for exceptional needs difficulty of care reimbursements when a child is placed in a treatment foster home, as defined in rule 5101:2-1-01 of the Administrative Code, if one of the following applies:

(1) Who presents more severe emotional or behavioral management problems than those children with special needs. These children may display a high degree of impulsive and acting out behavior toward themselves or others which is often characterized by verbal and physical aggression; or have multiple and severe psychiatric, emotional and behavioral management problems ranging from personality disorders, severe developmental disability, or autism to aggression toward animals, others, and self; sexual acting out, suicidal behaviors or ideation.

(2) Who has a physical developmental disability as determined by a physician which warrants a high degree of care and supervision; or who needs medical or remedial services recommended by a physician or other licensed or certified professional for the maximum reduction of physical or developmental disability and restoration of the child to their best possible functioning level.

(3) For whom a licensed or certified professional, including a psychologist or psychiatrist, licensed social worker or licensed professional counselor is involved in the child's care on an as-needed basis, but at least on a semi-annual basis or who has a physical disability as determined by a physician which warrants constant twenty-four- hour a day supervision provided by a licensed/registered nurse or persons closely supervised or trained by a licensed/registered nurse or physician.

(4) For whom a licensed or certified professional, including a physician, psychiatrist, psychologist, licensed social worker or licensed professional counselor is to be involved in the child's care on at least a monthly basis.

(G) The Title IV-E agency is to provide exceptional needs difficulty of care reimbursements only to a foster caregiver or, for eligible children placed with a treatment foster caregiver certified pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code and who has successfully completed, or is currently participating in, a behavior management training course provided or recognized by the Title IV-E agency. The care and supervision that is to be provided by the caregiver of an exceptional needs child is to include, at a minimum:

(1) Twenty-four- hour availability for supervision.

(2) A higher degree of personal involvement, patience, and time .

(3) Participation in the development and implementation of the family case plan and/or individual service plan.

(4) Ability to accept assistance and follow instruction and guidance in caring for the child.

(H) A child eligible for an intensive needs difficulty of care reimbursement is a child with intensive health care needs who is placed in a medically fragile foster home, as defined in rule 5101:2-1-01 of the Administrative Code, and who meets all of the following criteria:

(1) Under rules adopted by the medicaid director governing medicaid payments for long-term care services, the child warrants a skilled level of care.

(2) The child warrants the services of a doctor of medicine or osteopathic medicine at least once a week due to the instability of the child's medical conditions.

(3) The child warrants the services of a registered nurse on a daily basis.

(4) The child is at risk of institutionalization in a hospital, skilled nursing facility, or intermediate care facility for the significantly impaired intellectual and adaptive functioning.

(I) The Title IV-E agency is to only provide intensive needs difficulty of care reimbursements to a foster caregiver or, for eligible children placed in a medically fragile foster caregiver certified pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. A caregiver providing intensive needs services is not to have more than two intensive needs children who are not the caregiver's own children and a maximum of five children placed in his/her home at one time, including other foster children and his/her own children. The care and supervision that is not to be provided by the caregiver of an intensive needs child is to include, at a minimum:

(1) Supervision provided by a substitute caregiver on a twenty-four- hour a day basis as approved by the Title IV-E agency.

(2) Provision of structured daily activities as approved by the Title IV-E agency.

(3) Provision of constructive guidance to assist in the management of negative behaviors for the child.

(4) Participation in the development and implementation of the family case plan and/or individual service plan and semiannual administrative review(s) as identified in the family case plan.

(5) Recording of the child's progress toward the family case plan or individual service plan goals and objectives as identified on the family case plan.

(J) When a substitute caregiver is receiving a special, exceptional, or intensive needs difficulty of care payment on behalf of a child, the Title IV-E agency is to ensure the foster caregiver is certified to operate a treatment or medically fragile foster home, as applicable.

(K) Difficulty of care reimbursement may also be available for a special, exceptional, or intensive needs child who is placed in an emergency foster home. "Emergency foster home" as used in this rule means a licensed, certified, or approved foster home which has been designated by a Title IV-E agency as an emergency foster home to provide temporary care, not to exceed thirty days, for children requiring immediate out-of-home placement or immediate placement because of a placement disruption. The emergency foster home is to be available to provide care to children at any time of the day or night, with little or no notice, and be able to meet immediate physical and emotional needs of children. The Title IV-E agency may also impose restrictions regarding the number of children served or additional training requirements before designating a foster home as an emergency foster home. An emergency foster home for special, or exceptional needs children is to be certified as a treatment foster home. An emergency foster home for intensive needs children is to be certified as a medically fragile foster home.

(L) The difficulty of care reimbursement for an emergency foster home is not affected by the age of the child. Difficulty of care reimbursements related to the special, exceptional, or intensive needs of the child may be made in addition to the payment for an emergency foster home when the emergency foster home meets the provisions of paragraphs (D), (F), (H), and (J) of this rule.

(M) Reimbursement for emergency foster home placement is limited to thirty days for each placement. Reimbursement is not available as a retainer to a caregiver for maintaining a space for emergency placements.

(N) Difficulty of care reimbursements are to be reimbursed at the FCM program rate of federal financial participation. Authorization for difficulty of care payments are made pursuant to rule 5101:2-47-15 of the Administrative Code.

(O) For difficulty of care payments, the following documentation is to be maintained in the FCM case record to support such payments:

(1) The degree of difficulty of care and supervision necessary to care for a special, exceptional, or intensive needs child.

(2) The qualification of and degree of care and supervision provided by the substitute caregiver.

(3) Agency-specific emergency foster home criteria.

(4) The agency's compliance with the requirements of paragraph (I) of this rule.

(P) The uniform statewide standards for FCM payments, established by DCY, sets the maximum difficulty of care reimbursement amounts for special needs, exceptional needs, and intensive needs.

(Q) DCY reimbursement amounts for a child placed in a foster home on the effective date of rules 5101:2-5-25, 5101:2-5-36, 5101:2-5-37, 5101:2-7-16 and 5101:2-7-17 of the Administrative Code are not to be changed solely as the result of the enactment of those rules or placement of the child into one of the new categories of foster homes created by those rules.

(R) A child with special, exceptional, or intensive needs as described in this rule who is placed in a foster home prior to April 1, 2005, and on whose behalf a difficulty of care payment is made is to continue to be eligible to receive the difficulty of care payment as long as the child remains placed in the same family foster home.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: August 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-19 Title IV-E foster care maintenance (FCM) program reimbursability: payments, reimbursements, graduation expenses and personal incidentals.

(A) Minimum and maximum FCM reimbursement ceiling rates for foster homes, including emergency placements and for supplemental special, exceptional and intensive needs per diems are located in a "Family, Children and Adult Services Procedure Letter" found at http://emanuals.jfs.ohio.gov published once a year.

(B) Minimum and maximum reimbursement ceiling rates for clothing, personal incidentals and graduation expenses located in a "Family, Children and Adult Services Procedure Letter" found at http://emanuals.jfs.ohio.gov published once a year. Auxiliary payments for clothing, personal incidentals and graduation expenses cannot exceed the maximum reimbursement ceiling rates.

(C) Per diem reimbursement for children's residential centers, group homes, , residential parenting facilities, and purchased foster care homes, substance use disorder (SUD) residential facility or qualified residential treatment program (QRTP) is outlined in rule 5101:2-47-11 of the Administrative Code.

(D) Per diem reimbursement for purchased foster care homes is outlined in rule 5101:2-47-10 of the Admininstrative Code.

(E) Supplemental per diems related to difficulty of care are outlined in rule 5101:2-47-18 of the Administrative Code.

(F) Clothing expenses include clothing purchased during the first sixty days of initial substitute care placement as well as ongoing clothing needs as a result of growth, seasonal changes, or attrition.

(G) Graduation expenses are limited to those expenses directly related to the high school graduation events including, but not limited to, class rings, pictures, cap and gown cost, tuxedos, or prom gowns.

(H) Personal incidentals include, but are not limited to:

(1) Items related to personal hygiene.

(2) Cosmetics.

(3) Over-the-counter medications.

(4) Special dietary foods.

(5) Infant and toddler supplies (e.g., high chairs, diapers).

(6) Fees related to activities (e.g., boy/girl scouts, camp, sports, school trips).

(7) Special lessons (e.g., horseback riding, sports, music).

(8) Graduation fees (high school only).

(I) Payments for clothing, graduation expenses or personal incidentals made by the Title IV-E agency to the substitute care provider providing children's residential center, group home, residential parenting facility or a QRTP services may be included in the per diem payment as agreed upon in accordance with rule 5101:2-47-23.1 of the Administrative Code. The Title IV-E FCM reimbursement for a child, including the maintenance payment, clothing, graduation expenses and personal incidentals shall not exceed the current per diem reimbursement ceiling established for the substitute care provider from the single cost report filed in accordance with rule 5101:2-47-26.2 of the Administrative Code.

(J) Reimbursements made under this rule shall be claimed pursuant to rule 5101:2-47-15 of the Administrative Code and reimbursed at the same rate as Title IV-E FCM reimbursements provided such payments are equally available to a non-Title IV-E child as well as to a Title IV-E child. Reimbursements may be authorized for each child for whom Title IV-E FCM reimbursements are being made.

(K) Documentation of such payments shall be entered into SACWIS and receipts or invoices for the payment shall be made available upon request.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-20 Title IV-E foster care maintenance (FCM) program reimbursability: Supplemental reimbursements for the cost of care for the child of a minor parent.

(A) For purposes of this rule, a minor parent in substitute care who is program reimbursable for FCM will be referred to as the "parent," and the child(ren) of this parent will be referred to as the "child."

(B) A Title IV-E agency need not assume custody of the child of a parent solely for the purpose of receipt of FCM funds to provide for the child's cost of care.

(C) The cost of care for a child residing with a parent in a foster home, residential parenting facility or qualified residential treatment program (QRTP) as described in rule 5101:2-47-11 of the Administrative Code must be included as a supplemental payment to the FCM reimbursement made on behalf of the parent. The child is also eligible for medical services under Title XIX and social services under Title XX.

(D) If the parent and child no longer reside together in the same foster home, residential parenting facility or QRTP as described in rule 5101:2-47-11 of the Administrative Code, the cost of care of the child can no longer be included as a supplemental payment to the FCM reimbursement made on behalf of his/her parent.

(E) For the child to remain in a foster home, the Title IV-E agency must take action to remove the child from the parent. The child's FCM eligibility must be determined based on removal from the parent and his/her parent's current circumstances.

(F) A child whose cost of care is included as a supplemental payment to the FCM reimbursement made on behalf of the parent based on paragraph (C) of this rule, shall not be included in the count of children in substitute care reported on the 04281 "Children Services Quarterly Statistical Report" in the statewide automated child welfare information system (SACWIS). The child shall be included in the occupancy limitations specified in rules 5101:2-1-01 and 5101:2-5-32 of the Administrative Code.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-21 Title IV-E foster care maintenance (FCM) reimbursement for a child placed into a qualified residential treatment program (QRTP).

(A) FCM reimbursement begins the actual date of the child's placement in a QRTP, if the child meets all program eligibility and reimbursement criteria in the same month. If the eligibility requirements are not met in the same month, FCM reimbursement may go back to the first day of the month when all eligibility requirements are met.

(B) FCM reimbursement is contingent upon satisfaction of all of the following:

(1) The Title IV-E agency has legal responsibility for the care and placement/custody of the child as described in rule 5101:2-47-13 of the Administrative Code.

(2) Meet the reasonable efforts requirement that a judicial determination for a court- ordered removal as described in rule 5101:2-47-22 of the Administrative Code, has been obtained.

(3) The child meets the ADC-relatedness requirements as described in rule 5101:2-47-14 of the Administrative Code.

(4) The facility meets the QRTP requirements as described in rule 5101:2-9-42 of the Administrative Code.

(5) A qualified individual, who is a trained professional or licensed clinician and meets the requirements in rule 5101:2-42-12 of the Administrative Code is to assess a child for each placement in a QRTP no earlier than thirty-days prior to the start of each placement or no later than thirty-days from the first day of placement.

(6) The requirements in rules 5101:2-47-11 and 5101:2-47-11.1 of the Administrative Code, as applicable. Any child placed prior to October 1, 2021 in a residential facility that is not certified as a QRTP is reimbursable until the child is discharged through October 1, 2024.

(C) If the assessment is not completed thirty days prior to, including the date of placement or by the thirtieth day from the day of placement, the Title IV-E agency cannot claim FCM reimbursement for the entirety of the QRTP placement, including the first fourteen-days.

(D) No later than sixty-days after, including the date of placement the start of each Title IV-E eligible child's placement into the QRTP, the Title IV-E agency is to confirm that the juvenile court:

(1) Considers the assessment, determination, and documentation made by the qualified individual conducting the assessment outlined in paragraph (B) of this rule.

(2) Determined whether the needs of the child can be met through placement in a foster home, or, if not, whether the placement of the child in a QRTP provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short and long-term goals for the child, as specified in the permanency plan.

(3) Approves or disapproves of the placement of the child into a QRTP.

(E) If the court does not approve the placement within the sixty-day timeframe, the Title IV-E agency may only claim FCM for the first sixty-days of the placement in the QRTP.

(F) The Title IV-E agency may claim FCM to transition a child from the QRTP to the next placement or permanent home up to thirty-days after one of following:

(1) The assessment described in paragraph (C) of this rule determines that the QRTP is not appropriate.

(2) A court disapproves such a placement under paragraph (E) of this rule.

(3) A determination is made that a child in an approved QRTP placement is going to return home or be placed with fit and willing relative(s), a legal guardian(s), or an adoptive parent(s), or in a foster family home.

(G) For every QRTP the child is placed in for more than twelve consecutive months or eighteen nonconsecutive months or, in the case of a child who has not attained age thirteen, for more than six consecutive or nonconsecutive months, the Title IV-E agency is to maintain the following:

(1) Documentation submitted at every case review or permanency hearing regarding the child's case plan that supports a continued QRTP placement.

(2) The signed approval of the Title IV-E agency director for the continued placement of the child in the QRTP pursuant to rule 5101:2-42-12 of the Administrative Code.

(H) The Title IV-E agency may claim for the first fourteen days when a child is placed into a non-QRTP.

(I) Beginning with the date the non-QRTP meets the QRTP certification requirements, a child may be reimbursable back to the first day of that month if the following requirements are met:

(1) A qualified individual, who is a trained professional or licensed clinician and meets the requirements in rule 5101:2-42-12 of the Administrative Code is to assess a child within thirty-days of the setting becoming a QRTP as described in rule 5101:2-42-12.1 of the Administrative Code.

(2) Within sixty-days of the setting becoming a QRTP, the Title IV-E agency is to confirm that the juvenile court:

(a) Considers the assessment, determination, and documentation made by the qualified individual conducting the assessment outlined in paragraph (B) of this rule.

(b) Determined whether the needs of the child can be met through placement in a foster home, or, if not, whether the placement of the child in a QRTP provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short and long-term goals for the child, as specified in the permanency plan.

(c) Approves or disapproves of the placement of the child into a QRTP.

(3) The signature approval of the Title IV-E agency director for a child placed for more than twelve consecutive months or eighteen nonconsecutive months or, in the case of a child who has not attained age thirteen, for more than six consecutive or nonconsecutive months.

(4) Documentation submitted at every case review or permanency hearing regarding the child's case plan that supports a continued QRTP placement, thereafter.

(J) Title IV-E agencies may also claim administrative costs during the twelve month period for the administration of the Title IV-E program, which includes such things as case management as long as they meet the requirements pursuant to rule 5101:2-42-12 of the Administrative Code.

(K) Title IV-E agencies may claim administrative costs for the duration of the placement in the QRTP regardless of whether the requirements pursuant to rule 5101:2-42-12 of the Administrative Code are met. These include only administrative costs for the administration of the Title IV-E program, and not the costs of the administration and operation of the QRTP.

(L) If the requirements in rule 5101:2-42-12 of the Administrative Code are not met, the Title IV-E agency may only claim placement administrative costs as defined in 45 C.F.R. 1356.60 (6/2016) for the administration of the Title IV-E program, and not the costs for the administration and operation of the QRTP. Administration and operation costs are only allowable when a Title IV-E FCM is provided for the child in the QRTP.

(M) A QRTP is to provide family-based aftercare support to any child placed into a QRTP for more than fourteen days if the child, even if the youth reaches the age of majority, is discharged to any family-based setting including those listed in rule 5101:2-9-42 of the Administrative Code.

(N) A QRTP may provide aftercare services when the permanency planning team, which includes the youth and family agrees to the aftercare services as part of the discharge planning pursuant to rules 5101:2-9-42 and 5101:2-42-12 of the Administrative Code.

(O) QRTP aftercare support/services as listed on the "schedule B" in the appendix to the "agreement for Title IV-E agencies for the provision of non-placement services" in the Ohio statewide automated child welfare information system (SACWIS) may be reimbursed through medicaid, private insurance or paid by the IV-E agency as part of the "schedule B." A child may become eligible for medicaid or other insurance after services begin.

(P) A child who is discharged from a QRTP may be determined by the IV-E agency to be a candidate for family first prevention services (FFPS) as outlined in Chapter 5101:2-45 of the Administrative Code.

(Q) Each Title IV-E agency is to enter all cases in Ohio SACWIS including documentation pertaining to the aftercare support/services being provided to the child.

(R) Each QRTP is to enter all cases in Ohio residential treatment information system (RTIS) including documentation pertaining to the aftercare support/services being provided to the child.

(S) The reimbursement may be retroactive to October 1, 2021, if the requirements outlined in this rule are met.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: August 5, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-22 Reasonable efforts requirements for Title IV-E foster care maintenance.

(A) The Title IV-E agency must obtain a judicial determination by a juvenile court of competent jurisdiction documenting one of the following:

(1) Reasonable efforts were made prior to the removal of the child to prevent the placement.

(a) The child was known to be at risk prior to any petition for removal of the child.

(b) There was some opportunity to work with the family to prevent the removal of the child.

(c) Attempts were made to provide services to reduce the risk to the child, or to improve the family situation so as to prevent the need to remove the child.

(2) Reasonable efforts to prevent the removal were not possible due to the urgent nature of the circumstances prevented the provision of services to the family prior to removal.

(a) An emergency situation caused the child to be in imminent risk of harm and no opportunity to provide preventative services exists.

(b) The court found that an emergency situation required removal of the child for his or her safety and services cannot prevent removal of the child.

(3) Reasonable efforts were not required as outlined in rule 5101:2-39-01 of the Administrative Code.

(B) A judicial determination as specified in paragraph (A) of this rule must be explicitly documented in a court order or court transcript no later than sixty days from the date the child is removed, as defined in rule 5101:2-47-14 of the Administrative Code. If such a determination is not made in accordance with this paragraph, the child will not be program eligible or reimbursable under Title IV-E for the entire substitute care episode.

In situations where a child is in a detention facility at the time the legal responsibility is directly ordered to the Title IV-E agency, the court order placing the child into detention will serve as the initial court order that removed the child from the specified relative.

(C) The Title IV-E agency which has legal responsibility for a child must obtain a judicial determination by a juvenile court of competent jurisdiction signifying that reasonable efforts were made by the Title IV-E agency to finalize the permanency plan for a child placed in substitute care:

(1) Within twelve months of whichever of the following occurs first:

(a) The date the child is adjudicated abused, neglected, dependent, unruly or delinquent, or

(b) Sixty days after the child was initially removed from a specified relative and placed into substitute care or into detention; and

(2) At least once every twelve months thereafter.

(3) If such a determination is not made in accordance with this paragraph:

(a) The child becomes non-reimbursable under Title IV-E from the end of the twelfth month following the date the child is considered to have entered foster care; and

(b) The child will remain non-reimbursable under Title IV-E through the first day of the month in which the reasonable efforts to finalize the permanency plan requirement is met.

(c) If a hearing is held regarding reasonable efforts, but the court does not issue a journal entry documenting the determination until a later date, the case remains reimbursable and the written judicial determination, once issued, will apply retroactively to the date of the hearing.

(D) If a judicial determination of reasonable efforts is not included as required in the court order, a transcript of the court proceedings is the only other documentation that will be acceptable to verify that these requirements have been made. An affidavit, amendment or a nunc pro tunc order will not be accepted as verification documentation of these judicial determinations.

(E) The documentation of all judicial determinations of reasonable efforts must meet the requirements described in rule 5101:2-39-01 of the Administrative Code.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: June 23, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-23 Beginning date of reimbursability for the Title IV-E foster care maintenance (FCM).

(A) The beginning date of reimbursability for FCM shall be no earlier than the date of the foster care placement. Reimbursement may begin the actual date of the child's placement, if the child meets all program eligibility and reimbursement criteria. Reimbursability may go back to the first day of the month that all eligibility requirements are met, if they were not met in the month that the child is initially placed. Reimbursement is contingent upon satisfaction of all of the following:

(1) The Title IV-E agency has legal responsibility for the care and placement/custody of the child as described in rule 5101:2-47-13 of the Administrative Code.

(2) The child meets the ADC-relatedness requirements as described in rule 5101:2-47-14 of the Administrative Code unless the child is placed with a parent in a substance use disorder (SUD) residential facility, as defined in rule 5101:2-1-01 of the Administrative Code or the child is a candidate for Title IV-E family first prevention services (FFPS) and was residing with a kinship caregiver as described in rule 5101:2-47-12 of the Administrative Code.

(3) Reasonable efforts judicial determination for a court-ordered removal as described in rule 5101:2-47-22 of the Administrative Code, has been obtained. Program reimbursability may go back to the first day of the month in which the reasonable efforts judicial determination was obtained as long as all other requirements of Chapter 5101:2-47 of the Administrative Code are met.

(4) The child continues to meet the age requirement as described in rule 5101:2-47-14 of the Administrative Code.

(5) The child is placed in a reimbursable placement facility as described in rule 5101:2-47-16 of the Administrative Code.

(B) Reimbursability for FCM payments for children placed in children's residential centers, group homes, residential parenting facilities, a qualified residential treatment program (QRTP) or SUD residential facility may begin the actual date of the child's placement in an eligible placement facility, with an approved Title IV-E rate ceiling, if the child meets all program eligibility and reimbursement criteria. A child placed in a children's residential facility that is not a QRTP prior to October 1, 2021 will remain reimbursable until the child is discharged.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-23.1 Title IV-E agency contracting and contract monitoring.

(A) Each Title IV-E agency, as defined in rule 5101:2-1-01 of the Administrative Code, is to use the statewide "agreement for Title IV-E agencies and providers for the provision of child placement," hereinafter referred to as the "agreement," and establish a system of contract monitoring for children being placed into substitute care with a private agency.

(B) Each Title IV-E agency is to complete the "agreement," including the "Title IV-E schedule A rate information (schedule A)" in the Ohio statewide automated child welfare information system (Ohio SACWIS) to be able to enter a foster care placement with a:

(1) Private child placing agency (PCPA).

(2) Private non-custodial agency (PNA).

(3) Qualified residential treatment program (QRTP).

(4) Licensed family-based residential treatment facility for substance use disorder (SUD) on behalf of a child placed with a parent.

(C) Each Title IV-E agency is to print the completed "agreement" and the "schedule A" from Ohio SACWIS in order to obtain signatures for the contract between the Title IV-E agency and the QRTP, PCPA, PNA or SUD residential facility.

(D) The negotiated and agreed upon per diem rates for placement maintenance and placement administration are to be specified for all levels of care in Ohio SACWIS on the "schedule A" and are to be attached to the "agreement." The Title IV-E agency and the QRTP, PCPA, PNA or the SUD residential facility may agree to contract for and specify the agreed upon per diems in some or all of the remaining categories listed on the "agreement." The per diem rates listed on the "schedule A" are to be for all children or may be child specific.

(E) Any additions to the language when creating the initial "agreement," including the "schedule A" are to be included as an attachment or an exhibit and entered into Ohio SACWIS. An addendum can only be added after the agreement is in effect. The addendum is to be signed by all parties and attached to the "agreement."

(F) The negotiated and agreed upon per diem rate for maintenance is to be the amount paid directly to the foster caregiver. The agreed upon maintenance payment is to cover all foster care maintenance allowable costs as defined in rule 5101:2-47-01 of the Administrative Code.

(G) Invoicing procedures are to correspond to the agreed upon per diem rates as specified on the "schedule A" in Ohio SACWIS and on the "agreement," including all attachments, exhibits and addenda. All invoices are to include but are not limited to the following:

(1) Provider's name, address, telephone number, fax number, federal tax identification number, Title IV-E provider number, and the medicaid provider number, if applicable.

(2) Billing date and the billing period.

(3) Name of child, child's date of birth, and the child's Ohio SACWIS person identification number.

(4) Admission date and discharge date, if applicable.

(5) Agreed upon per diem rate amount for maintenance and the agreed upon per diem rate amount for administration.

(6) Invoicing procedures may also include the per diem rate associated with the following, if applicable and agreeable to the custodial agency and the provider:

(a) Case management, allowable administration cost.

(b) Transportation to judicial or case reviews, allowable administration cost.

(c) Transportation to a home visit, allowable maintenance cost.

(d) Transportation to maintain the child in the school in which they were attending prior to placement, allowable maintenance cost.

(e) ) Other direct services, allowable maintenance cost.

(f) Behavioral health care, non-reimbursable cost.

(g) Other costs the Title IV-E agency agreed to pay, which are non-allowable for reimbursement as maintenance or administration cost.

(7) Agreed upon per diem amount for children placed in a SUD residential facility for the IV-E reimbursable maintenance costs for the child:

(a) Food, clothing, shelter, and personal incidentals.

(b) Transportation to maintain the child in the school in which they were attending prior to placement.

(c) Child care.

(8) Agreed upon per diem amount for other non-IV-E reimbursable costs associated with the placement of the child performed by the provider:

(a) Other transportation not specified in paragraph (G)(7)(b) of this rule.

(b) Other costs the Title IV-E agency agreed to pay.

(9) For a child placed in a SUD residential facility, the Title IV-E agency is not to include the costs of administration and operation of the facility.

(H) Each Title IV-E agency is to prepare a monitoring procedure established in writing, with reasonable assurance that the terms and conditions of the contract are being adhered to. Monitoring procedures may include, but are not limited to the following:

(1) A comparison of invoices to the agreed upon per diem rate amount in Ohio SACWIS to ensure billing accuracy.

(2) A review of the progress reports submitted by the provider to the agency to ensure the services being delivered are in accordance with the child's treatment plan.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: June 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-26 Title IV-E agencies, private child placing agencies (PCPA), private noncustodial agencies (PNA), qualified residential treatment programs (QRTP), residential care facilities, substance use disorder (SUD) residential facilities: penalties for failure to comply with fiscal accountability procedures.

(A) A Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility, as defined in rule 5101:2-1-01 of the Administrative Code, shall comply with the Ohio department of job and family services (ODJFS) fiscal accountability procedures set forth in Chapter 5101:2-47 of the Administrative Code.

(1) For an initial failure to comply, a corrective action plan shall be developed to correct the areas determined to be in noncompliance. The corrective action plan shall:

(a) Identify the areas of noncompliance.

(b) Identify the action steps required to correct the noncompliance.

(c) Identify a completion date for each of the action steps.

(d) Be completed within a time period negotiated with ODJFS.

(e) Be submitted to ODJFS within thirty days of the receipt of a written finding of noncompliance.

(2) If a Title IV-E agency fails to implement the corrective action plan submitted in accordance with paragraph (A)(1) of this rule, ODJFS may take any action permitted in accordance with sections 5101.11, 5101.146 and 5101.24 of the Revised Code.

(3) If ODJFS determines the Title IV-E agency is solely or partially responsible for an adverse audit or quality control finding, final disallowance of federal financial participation or other sanction or penalty in accordance with sections 5101.24, 5101.146 and 5101.11 of the Revised Code, ODJFS may take one or more of the following actions against the Title IV-E agency:

(a) Require the Title IV-E agency to submit to and comply with a corrective action plan pursuant to a time schedule specified by ODJFS.

(b) Require the Title IV-E agency to share with ODJFS a final disallowance of federal financial participation or other sanction or penalty.

(c) Require the Title IV-E agency to reimburse ODJFS for the amount ODJFS pays to the federal government for an adverse audit or quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government.

(d) Require the Title IV-E agency to pay the federal government the amount representing the amount the Title IV-E agency is responsible for in an adverse audit or quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government.

(e) Any other sanction or action permissible under sections 5101.24, 5101.11 and 5101.146 of the Revised Code.

(f) With respect to paragraph (A)(3)(d) of this rule, the determination of whether the Title IV-E agency is solely or partially responsible will be determined in accordance with Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(4) If a Title IV-E agency fails to comply with the fiscal accountability procedures set forth in Chapter 5101:2-47 of the Administrative Code, ODJFS shall provide a written summary of noncompliance to the board of county commissioners of the county served by the Title IV-E agency.

(5) If a PCPA, PNA, QRTP, residential care facility, or SUD residential facility fails to implement a corrective action plan submitted in accordance with paragraph (A)(1) of this rule, ODJFS may do one of the following:

(a) Cancel the Title IV-E reimbursement ceilings.

(b) Pursuant to Chapter 119. of the Revised Code, take action to revoke the agency's certificate issued under section 5103.03 of the Revised Code.

(6) In accordance with sections 5101.11, 5101.146 and 5101.24 of the Revised Code, ODJFS may take one or more of the following actions against the PCPA, PNA, QRTP, residential care facility, or SUD residential facility if ODJFS determines the PCPA, PNA, QRTP, residential care facility, or SUD residential facility is solely or partially responsible for an adverse audit or quality control finding, final disallowance of federal financial participation or other sanction or penalty:

(a) Require the PCPA, PNA, QRTP, residential care facility, or SUD residential facility to reimburse ODJFS for the amount ODJFS pays to the federal government for an adverse audit or quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government.

(b) Any other sanction or action permissible under sections 5101.24, 5101.11 and 5101.146 of the Revised Code.

(7) If a PCPA, PNA, QRTP, residential care facility, or SUD residential facility fails to comply with the fiscal accountability procedures set forth in Chapter 5101:2-47 of the Administrative Code, ODJFS shall provide a written summary of the findings of noncompliance to the PCPA, PNA, QRTP, residential care facility, or SUD residential facility board of directors. In addition, ODJFS shall notify the executive director of each Title IV-E agency that has entered into a contract for placement services with the PCPA, PNA, QRTP, residential care facility, or SUD residential facility.

(8) For Title IV-E agencies, PCPAs, PNAs, QRTP, residential care facilities, and SUD residential facilities completing the single cost report for the establishment of Title IV-E reimbursement ceilings the following shall apply:

(a) Failure to submit the single cost report and agreed upon procedures with all required documentation by the deadline prescribed in rule 5101:2-47-26.2 of the Administrative Code may result in reimbursement ceilings being established as of the first day of the month following the date all required documentation is received by ODJFS.

(b) Any errors identified on a single cost report or agreed upon procedures submitted prior to the deadline and in accordance with rule 5101:2-47-26.2 of the Administrative Code may result in the suspension of reimbursement ceilings until such time as the errors have been corrected to the satisfaction of ODJFS. Once the corrections have been approved the reimbursement ceilings shall be retroactive and effective as of the applicable rate period begin date.

(c) If ODJFS cancels the Title IV-E reimbursement ceilings, ODJFS will resume the ceilings effective on the first day of the month following the date the agency comes into compliance. There will be no retroactive rate adjustment for the time period the agency was out of compliance.

(d) Reimbursement ceilings established from a single cost report submitted after a rate cancellation may be suspended until such time as the corrective action for the prior period has been completed to the satisfaction of ODJFS.

(B) Subsequent failures to comply relating to noncompliance issues previously identified pursuant to paragraph (A)(1) of this rule are subject to the same penalty provisions specified in paragraph (A)(2) of this rule for Title IV-E agencies and paragraph (A)(5) of this rule for PCPAs, PNAs, QRTP, residential care facilities, and SUD residential facilities.

(C) All corrective actions shall adhere to the requirements set forth in paragraph (A)(1) of this rule. All failures to implement the corrective action plan are subject to the penalties set forth in paragraph (A)(2) of this rule for Title IV-E agencies and paragraph (A)(5) of this rule for PCPAs, PNAs, QRTP, residential care facilities, and SUD residential facilities.

(D) The Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility, at its discretion, may request technical assistance from ODJFS in the development and implementation of the corrective action plan.

(E) If ODJFS sanctions a Title IV-E agency, PCPA, PNA, QRTP, residential care facility or SUD residential facility, ODJFS shall take every possible precaution to ensure any foster children that have been placed or served by an agency under sanction are not removed from the certified foster homes they reside in if their safety and well-being are not at risk.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 29, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-26.1 Title IV-E agencies, private child placing agencies (PCPA), private noncustodial agencies (PNA), residential care facilities, substance use disorder (SUD) residential facilities and a qualified residential treatment program (QRTP): Title IV-E cost report filing requirements, record retention requirements and related party disclosure requirements.

(A) As a condition for receiving a Title IV-E foster care reimbursement ceiling amount, each Title IV-E agency, PCPA, PNA, residential care facility, SUD residential facility, as defined in rule 5101:2-1-01 of the Administrative Code and a QRTP as defined in rule 5101:2-9-42 of the Administrative Code, shall file a Title IV-E JFS 02911 "Title IV-E Single Cost Report" including supplements and attachments as outlined in rule 5101:2-47.26.2 of the Administrative Code.

(B) To complete a JFS 02911 single cost report:

(1) A PCPA, PNA, QRTP, residential care facility, and SUD residential facility shall adhere to:

(a) The allowable and unallowable cost principles contained in the office of management and budget 2 C.F.R. Part 200 (2014) (www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200/content-detail.html).

(b) Section 501(c)(3) of the Internal Revenue Code for non-profit organizations (www.irs.gov/publications/index).

(2) A Title IV-E agency shall adhere to allowable and unallowable cost principles contained in the 2 C.F.R. Part 200 (2014) (www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200/content-detail.html).

(3) A Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall not use any costs specifically subsidized by other federal monies with the exception of federal funds authorized by federal law to be used to match other federal funds.

(4) A Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall use the straight line depreciation methodology to report depreciation.

(C) The JFS 02911 shall be completed for each cost reporting period, which is July first through June thirtieth, and submitted by December thirty-first, following the cost reporting period.

(D) For good cause and upon written request a Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility may request an extension of the cost report filing deadline. The written request shall be filed prior to the deadline and must include information explaining the facts and circumstances giving rise to the need for a cost report extension, projected timeline for filing the cost report and any other information the Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility would like to have considered.

(E) A Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility new to the Title IV-E program or an existing Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility having established a new Title IV-E service shall submit a JFS 02911 for a minimum of three full calendar months of operations in order to receive a Title IV-E reimbursement ceiling amount.

(F) Notwithstanding the three-year records retention period, a cost shall be supported by all relevant documentation related to the reported cost. Financial records, census records, client records and documentation of legal compliance with the administrative code requirements (all of which shall be made available upon request by the Ohio department of job and family services (ODJFS), the Ohio office of the auditor of the state or the U.S. department of health and human services) supporting the cost reports or claims for services rendered to recipients shall be retained for the greater of three years after the cost report is filed, or if an audit has begun within the three year period records shall be retained three years after all appeal rights relating to the audit report are exhausted.

(G) When completing the JFS 02911 the Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall comply with the following requirements pertaining to related party transactions:

(1) Each Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall have a conflict of interest policy, to include at a minimum that the Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall not permit funds to be paid or committed to any corporation, firm, association, or business in which any of the members of the governing body of the agency, executive personnel or their immediate families have any direct or indirect financial interest, or which any of these persons serve as an officer or employee, unless the services or goods involved are provided at a competitive cost or under terms favorable to the Title IV-E agency,, PCPA, PNA, QRTP, residential care facility, or SUD residential facility.

(2) Adherence to the internal control procedures established by the agency's governing body, for the procurement of goods and services, so long as those procedures are consistent with this rule.

(3) Approval by the governing body of all transactions with any member of the governing body or relatives of the governing body.

(4) Documentation in the board minutes of all transactions between the agency and any member of the governing body or their relatives.

(5) All compensation paid to the board members or relatives of the board members shall be disclosed on the cost reports and is subject to a test of reasonableness.

(6) On the cost report, the Title IV-E agency, PCPA, PNA, QRTP, residential care facility, or SUD residential facility is required to disclose all party transactions as defined in paragraph (G)(1) of this rule and all loans to employees.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 29, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-47-26.2 Cost report "Agreed Upon Procedures" engagement.

(A) Each Title IV-E agency as defined by rule 5101:2-1-01 of the Administrative Code, private child placing agency (PCPA), private noncustodial agency (PNA), residential care facility, substance use disorder (SUD) residential facility, as defined in rule 5101:2-1-01 of the Administrative Code or a qualified residential treatment program (QRTP) as defined in rule 5101:2-9-42 of the Administrative Code that completes a cost report pursuant to rule 5101:2-47-26.1 of the Administrative Code shall follow the JFS 02911-I " Instructions for Completing JFS 02911, Title IV-E Single Cost Report" and shall have an annual "Title IV-E Agreed Upon Procedures" engagement conducted for its cost report.

(B) Each Title IV-E agency that files a cost report will have an annual "Agreed Upon Procedures" engagement conducted by the Ohio department of job and family services (ODJFS). For timely performance of the "Title IV-E Agreed Upon Procedures" engagement, the Title IV-E agency shall complete its cost report by September thirtieth of each year.

(C) Each PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall engage a certified public accountant (CPA) to conduct the annual "Agreed Upon Procedures" engagement in accordance with the JFS 02913 "Title IV-E Agreed Upon Procedures" (9/2014) engagement.

(D) The CPA who conducts the annual "Agreed Upon Procedures" engagement for a PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall adhere to confidentiality requirements set forth in rule 5101:1-1-03 of the Administrative Code. Whenever names, addresses, or other identifying information relating to children in care is used by any individual CPA or CPA firm, they shall prevent the publication or disclosure of names, lists, or other information concerning children.

(E) The CPA who conducts the annual "Title-E Agreed Upon Procedures" engagement for a PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall make the working papers and suitable facilities available onsite or submit copies of the "Title IV-E Agreed Upon Procedures" working papers to ODJFS for review upon request.

(F) Each PCPA, PNA, QRTP, residential care facility, or SUD residential facility shall participate in any quality assurance review conducted by ODJFS.

(1) The annual "Title IV-E Agreed Upon Procedures":

(a) Shall be conducted by auditors who, during the period of the auditor's professional engagement and during the period covered by the cost report, do not have nor are committed to acquire any direct or indirect financial interest in the ownership, financing or operation of the PCPA, PNA, residential care facility, or SUD residential facility and were not involved in the preparation of the cost report.

(b) Work papers shall be in accordance with generally accepted government auditing standards (GAGAS) as in effect on the date of this rule. These standards can be obtained at www.gao.gov/govaud/ybk01.htm.

(c) Reporting shall be performed in accordance with the attestation standards as prescribed by the "American Institute of Certified Public Accountants" (AICPA) as in effect on the effective date of this rule. These standards can be obtained at https://www.aicpa.org/research/standards/auditattest/ssae.html.

(2) The CPA may request a waiver of any requirements imposed by the "Title IV-E Agreed Upon Procedures" specified on the JFS 02913 due to extenuating circumstances.

(a) The waiver request shall be filed with the office of fiscal and monitoring services of ODJFS.

(b) The waiver request shall include information explaining the facts and circumstances giving rise to the need for a waiver and any other information which the CPA would like to have considered.

(c) Based upon the evidence presented by the CPA, it is the sole discretion of ODJFS to grant or deny the waiver.

(d) ODJFS' decision to grant or deny a waiver, in whole or in part, is on an individual basis and shall not be construed as a generic decision covering all agency "Title IV-E Agreed Upon Procedures" engagements.

(e) ODJFS' decision to grant or deny a waiver will be final and shall not be construed as creating any rights to a hearing under Chapter 119. of the Revised Code.

Last updated February 9, 2026 at 4:15 PM

History

• Effective: October 29, 2020
• Promulgated Under: 119.03

Chapter 5180:2-48 Adoption

Ohio Adm.Code 5180:2-48-03 Requirement of "Social and Medical History".

(A) The public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial (PNA) shall obtain information for the social and medical histories of the biological parents from the following sources:

(1) Written information and interviews with the biological parents of the child.

(2) Written information and interviews with other persons having knowledge of the biological parents and their ancestors.

(3) Any available records, if the biological parents or the legal guardian of the biological parents consents to release of information contained in the record.

(4) Results of a medical examination that the PCSA, PCPA or PNA may have requested for the biological parent. In the event the biological parents refuse to consent to a medical examination, this shall be noted on the JFS 01616 "Social and Medical History."

(B) Blank copies of the JFS 01616 shall be provided to the biological parents or other persons who can supply social and medical information on the biological parents and their ancestors.

(C) The PCSA, PCPA, or PNA shall complete an initial JFS 01616 prior to termination of parental rights, whether by court commitment or permanent surrender to assure:

(1) There is sufficient information available to place the child appropriately.

(2) The prospective adoptive family has sufficient information on the social and medical history of the biological family in order to make an informed decision about accepting placement of the child.

(3) Appropriate subsidies can be planned for the child and family.

(D) Following termination of parental rights, the PCSA, PCPA, or PNA shall continue to obtain additional social and medical information on the biological parents and the ancestors of the minor which can be used to update or complete the JFS 01616. All social and medical history information needed to complete the JFS 01616 shall be obtained prior to submission of the JFS 01699 "Prefinalization Adoption Assessment Report" to the court in accordance with the requirements contained in rule 5101:2-48-17 of the Administrative Code.

(E) When completing the JFS 01616, the PCSA, PCPA, or PNA shall not include identifying information about the biological parents or other ancestors of the minor.

(F) If any of the social and medical history information is not available, the agency shall document and maintain in the case record attempts to obtain this information.

(G) The PCSA, PCPA or PNA shall advise the biological parents or other persons supplying information of the right to correct or expand upon the information contained on the JFS 01616 at any time prior to or subsequent to the adoption of the child, including any time after the child becomes an adult, by submitting such correction or expansion to the assessor, the court involved in the adoption, the Ohio department of health (ODH), or the Ohio department of job and family services (ODJFS).

(H) The assessor, court, ODH or ODJFS receiving corrected or additional information to include on the JFS 01616 shall determine compliance with section 3107.09 or 3107.091 of the Revised Code prior to filing it with the court that issued the interlocutory order or final decree of adoption.

(I) If the assessor, court, ODH or ODJFS determines that the information supplied for inclusion in the social and medical history cannot be included in the record, written notification of this decision shall be made to the biological parent or other person supplying the information. The written notification shall also indicate that upon receipt of the notification, a petition can be filed with the court which was involved in the adoption to request the court review the information and determine whether the information may be included in the social or medical history.

(J) The PCSA, PCPA, or PNA shall provide biological parents with a copy of the social and medical history information obtained at the time of termination of parental rights.

(K) The assessor shall provide the completed copy of the JFS 01616 to the:

(1) Prospective adoptive family.

(2) Court where the petition for adoption has been filed at the time the JFS 01699 is submitted in accordance with the requirements contained in rule 5101:2-48-17 of the Administrative Code.

(L) The court may refuse to issue an interlocutory order or final decree of adoption if the assessor has not filed the JFS 01616 unless the assessor certifies to the court that information needed to prepare the histories is unavailable for reasons beyond the assessor's and the PCSA, PCPA or PNA's control.

(M) The assessor shall advise the adoptive parents that if they wish to be notified when social and medical histories are updated or expanded pursuant to paragraph (G) of this rule, the JFS 01679 "Request for Notification" can be completed and filed with the court at any time.

(N) The assessor shall advise adoptive parents that:

(1) They may inspect all forms pertaining to the social and medical history of biological parents filed with the court prior to the child reaching age eighteen.

(2) After the child reaches age eighteen, only the adopted person may inspect the court files.

(O) The assessor is not required to complete the JFS 01616 if the child is being adopted by a stepparent or grandparent.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: March 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-05 Agency adoption policy and recruitment plan.

(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.

(c) Availability of and process for requesting mediation, as described in rule 5101:2-49-05 of the Administrative Code.

(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.

(c) Race and ethnicity.

(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 5180:2-48-06 Assessor roles and responsibilities for foster care and adoption.

(A) A public children services agency (PCSA), private child placing agency (PCPA), private noncustodial agency (PNA) or court that engages in the provision of foster care or adoption services shall employ or have under contract assessors who are responsible for, but not limited to, performing the following duties:

(1) Works with parents, guardians or persons having custody of a child who express the intent to surrender their child for adoption.

(2) Works with people seeking to adopt or provide foster care for a child, including but not limited to the following duties:

(a) Completing home study assessments for foster care and adoptive applicants.

(b) Completing adoption amendments and updates.

(c) Completing foster care recertifications.

(d) Completing prefinalization adoption assessments.

(3) Works with the child in the permanent custody of an agency to prepare the child for adoption.

(4) Initiates and/or supervises the foster care or adoptive placement.

(5) Completes the JFS 01616 "Social and Medical History" which shall be filed with the court.

(6) Completes the JFS 01673 "Assessment for Child Placement."

(7) Completes the JFS 01385 "Assessment for Child Placement Update."

(8) Completes the JFS 01692 "Application for Adoption of a Foster Child."

(9) Completes the JFS 01530 "Multiple Children/Large Family Assessment."

(10) Completes the JFS 01699 "ODJFS Prefinalization Adoption Assessment Form."

(11) Completes the JFS 01673-A "Child Characteristics Checklist For Foster Care and/or Adoption."

(12) Completes the JFS 01698 "Step-Parent Adoption Homestudy."

(B) To avoid a conflict of interest, or the appearance of a conflict of interest, an assessor shall not complete any of the documents or services listed in paragraph (A) of this rule for any of the following persons:

(1) Him or her self.

(2) Any person who is a relative of the assessor.

(3) Any agency employee for whom the assessor has any supervisory responsibility.

(4) Any agency employee who has any supervisory responsibility for the assessor.

(C) The PCSA, PCPA, PNA, or court shall ensure that employees or persons under contract with the agency to perform assessor duties comply with the requirements in the assessor definition contained in rule 5101:2-1-01 of the Administrative Code and section 3107.014 of the Revised Code.

(D) The PCSA, PCPA, PNA, or court shall ensure a student hired to perform assessor duties meets all requirements of an assessor in rule 5101:2-1-01 of the Administrative Code and section 3107.014 of the Revised Code. The student shall be supervised by a professional counselor, social worker, marriage and family therapist or psychologist who has completed tier two assessor training and continues to comply with all requirements outlined in this rule and rule 5101:2-1-01 of the Administrative Code and section 3107.014 of the Revised Code.

(E) The PCSA, PCPA, PNA, or court shall ensure the assessor completes or has completed all the prescribed Ohio department of job and family services (ODJFS) tier one assessor training sessions within one year of the start date of the tier one assessor training. An employee or contractor can only conduct assessor duties after he or she begins tier one training. If the employee or contractor is performing assessor duties prior to completion of the required training, the agency shall ensure that the employee or contractor is supervised by an assessor who has completed tier two assessor training and any applicable ongoing training required by this rule. An assessor who fails to complete the tier one training within one year of the start date of the tier one assessor training is not authorized to perform any assessor duties until the tier one assessor training has been completed.

(F) The PCSA, PCPA, PNA, or court shall ensure the assessor completes or has completed the prescribed ODJFS tier two assessor training within three years of the completion date of tier one assessor training. A person who has not completed all of the tier one assessor training is not eligible to begin tier two assessor training.

(1) An assessor who did not complete the required tier two assessor training within the three years of the completion date of tier one assessor training is not authorized to perform assessor duties until tier two assessor training requirements are properly met. An extension of no more than one year may be granted by the director of the PCSA, PCPA, PNA or court due to justifiable organizational circumstances which impede the ability of the assessor to attend offered training. The extension shall be documented on a signed JFS 01680 "Verification of Adoption Assessor Qualifications."

(2) An assessor who did not complete the tier two assessor training within the required time periods of this rule shall immediately cease performing the duties of an assessor until the person has completed the tier two assessor training.

(3) An assessor who did not complete the tier two training requirements of paragraph (F)(1) of this rule, shall repeat the tier two assessor training in its entirety. Tier two training shall be completed within one year of the start date of the tier two assessor training. A person who fails to complete tier two assessor training within one year shall repeat the entire training process beginning with tier one.

(G) The PCSA, PCPA, PNA, or court shall ensure the assessor completes or completed six hours of ongoing training on adoption or foster care related issues, within two years of the completion date of tier two assessor training, to renew their assessor status. Completion of an additional six accredited training hours is required within each subsequent two year period from the completion date of the previous six hours of ongoing training. Assessors who fail to complete the training within any two year period must immediately cease performing the duties of an assessor until the six accredited training hours required have been completed.

(H) The PCSA, PCPA, PNA or court shall document the assessor's compliance with this rule by completing the JFS 01680 and having it signed by the assessor and the PCSA, PCPA, PNA director, designee or court. This document shall be kept in the agency personnel records with a copy provided to the assessor and a copy shall be sent to the ODJFS adoption services section. An assessor shall be able to produce a copy of the JFS 01680 upon request. The assessor shall notify ODJFS within ten business days when any of the following occur.

(1) The assessor completes any level of training required by this rule.

(2) The assessor terminates his employment or contract with a PCSA, PCPA, PNA or court.

(3) The assessor begins employment or enters into a contract with a new PCSA, PCPA, PNA or court.

(4) The assessor is no longer employed with the PCSA, PCPA, PNA or court but plans to continue to complete the six hour training requirement. The assessor shall, within ten business days of completing the six hour training requirement, submit the updated JFS 01680 to the ODJFS adoption services section.

(5) The assessor is not able to conduct assessor duties due to non-compliance with the training requirements outlined in this rule.

(I) The PCSA, PCPA, PNA or court that employs or has a contract with the assessor shall notify ODJFS via the JFS 01680 within ten business days when as assessor terminates his or her employment or contract with the agency or court.

(J) A person who is no longer employed by or under contract with a PCSA, PCPA, PNA or court to perform assessor duties may continue completing the additional six accredited training hours every two years or any other required assessor training to maintain assessor status. However, an individual who is not employed by or in contract with a PCSA, PCPA, PNA or court shall not perform assessor duties. Upon resuming employment or contract with a PCSA, PCPA, PNA or court to perform assessor duties, the assessor may immediately perform assessor duties as long as the six hour training or other training requirement was met in accordance with this rule while the person was not employed or contracting with the PCSA, PCPA, PNA or court.

(K) A person who is no longer employed with the PCSA, PCPA, PNA or court to perform assessor duties and who did not elect to continue to complete the assessor training hours to maintain their assessor status shall resume the assessor duties only after complying with all of the following:

(1) Be in an active employment or contract status with a PCSA, PCPA, PNA or court to perform assessor duties.

(2) Complete twelve hours "Assessor Refresher" training as prescribed by ODJFS.

(3) The cycle of having an additional ongoing six accrediting training hours required every two years begins with the completion of the twelve hour "Assessor Refresher" training.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: March 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-08 Adoption inquiry.

(A) The public children services agency (PCSA), private child placing agency (PCPA) and private noncustodial agency (PNA) shall maintain a log of inquiries from persons interested in being adoptive parents. The agency shall document in the log any follow-up for each inquiry.

(B) If the inquirer resides in Ohio, the PCSA, PCPA or PNA shall provide the following to the inquirer within seven business days of the inquiry:

(1) A copy of the JFS 01675 "Ohio Adoption Guide: Handbook for Prospective Adoptive Families" or the link to access the guide electronically. The link for the state foster care and adoption website, www.FosterAndAdopt.jfs.ohio.gov.

(2) Instructions on how to get an application for adoption.

(3) A copy of the PCSA, PCPA or PNA adoption policy, or summary of the policy, prepared pursuant to rule 5101:2-48-05 of the Administrative Code.

(C) If the inquirer resides out of state and has an approved homestudy, the PCSA, PCPA or PNA shall send the inquirer a copy of the JFS 01675, or the link to access the guide electronically. If the family has identified a child they are interested in, the family should be given the contact information to the custodial agency. This information shall be provided to the inquirer within seven business days of the inquiry.

(D) If the inquirer resides out of state and does not have an approved homestudy, the PCSA, PCPA or PNA shall send the inquirer a copy of the JFS 01675, or the link to access the guide electronically. The PCSA, PCPA or PNA shall also inform the inquirer that they will need a completed and approved homestudy from their state of residence in order to adopt an Ohio child. This information shall be provided to the inquirer within seven business days of the inquiry.

(E) The PCSA, PCPA and PNA shall develop and implement referral procedures whereby an inquiry from an Ohio resident, who does not meet requirements for adoption services as identified in the agency's adoption policy, is referred to another agency for adoption services. If the inquirer resides in an Ohio county that the PCSA, PCPA or PNA does not serve, a referral shall include, at a minimum, the name, address and contact information of the PCSA in the county of the inquirer's residence. This information shall be given to the inquirer within seven business days of the inquiry.

(F) If the agency has appropriate access to the statewide automated child welfare information system (SACWIS), the agency shall maintain any requirement of this rule in SACWIS if the system has the ability to record the required information.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: May 1, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-09 Application process and preservice training.

(A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) that acts as a representative of the Ohio department of job and family services (ODJFS) in recommending foster homes for certification or participates in the placement of children in foster homes and for adoption shall:

(1) Inform all individuals applying for approval for adoptive placement that they can also be studied for foster home certification.

(2) Conduct a joint homestudy pursuant to the requirements contained in rule 5101:2-5-20 of the Administrative Code which can result in the simultaneous approval of the applicant for:

(a) Adoptive placement.

(b) Foster care placement.

(B) A PCSA, PCPA and PNA shall utilize the JFS 01691 "Application for Child Placement" as the standard form when accepting applications for adoptive placement. A PCSA, PCPA or PNA shall send the JFS 01691 to any individual requesting an application for adoption within seven business days of receipt of a request for an application.

(C) An application submitted with a knowingly false statement shall not be used to initiate the homestudy. If a PCSA, PCPA or PNA determines that an application has been falsified, the PCSA, PCPA or PNA shall follow the procedures outlined in rule 5101:2-33-13 of the Administrative Code.

(D) An agency shall not begin the homestudy assessment process prior to the receipt of a fully completed JFS 01691 signed by the applicant(s).

(E) An agency shall not accept an application for approval for adoptive placement which does not contain complete and accurate information.

(F) Upon receipt of the completed JFS 01691, the PCSA, PCPA, or PNA shall commence the homestudy process and request the applicant provide additional information including at a minimum:

(1) Documentation of current marital status, which shall include a marriage certificate, divorce decree, or other verification of marital status, if applicable.

(2) To show the household has an income sufficient to meet the basic needs of the household, an adoptive applicant shall provide at a minimum:

(a) A complete JFS 01681 "Applicant Financial Statement."

(b) Proof of income for the household for the most recent tax year prior to the date of application.

(c) Proof of income for the household for a two month period. The verification of income shall not be dated more than six months prior to the agency's approval.

(d) At least one utility bill for each utility necessary to maintain the household. The bill or bills shall not be dated more than six months prior to the agency's approval.

(3) The report of any criminal records check conducted in accordance with section 2151.86 of the Revised Code. Except as provided in paragraph (D) of rule 5101:2-48-10 of the Administrative Code, an agency shall not approve an adoption homestudy if the applicant or any adult member of the household has been convicted of any crime listed in appendix A to rule 5101:2-7-02 of the Administrative Code.

(G) The PCSA, PCPA or PNA shall search the statewide automated child welfare information system (SACWIS) or the central registry of abuse and neglect for each adoptive applicant and each adult household member of the applicant's home prior to approval of the adoptive home. This search is to be used to determine the suitability of the adoptive applicant as an adoptive parent. The search shall also be conducted within ten days of the addition of any new adult member of the household.

(H) The recommending agency shall request a check of the child abuse and neglect registry of any other state in which an adoptive applicant or other adult household member in the applicant's home has resided in the five years immediately prior to the date of the criminal records check as required by division (A) of section 2151.86 of the Revised Code.

(I) The national sex offender registry is located at http://www.nsopw.gov/. A national sex offender registry check is to be completed:

(1) For the adoptive applicant and each adult who resides with the adoptive applicant. The results are to be reviewed prior to the agency's approval of the adoption homestudy. The application may be denied based solely on the results of the search.

(2) For an approved adoptive applicant and each adult who resides with the adoptive applicant prior to the adoption homestudy update. The adoption homestudy update may be denied solely on the results of the search.

(J) A summary report of the results of each search shall be placed in the adoptive home record.

(K) If the PCSA, PCPA, or PNA determines that an adoptive homestudy cannot be initiated, the agency shall send written notification to the applicant stating the reason for not initiating the homestudy and a description of procedures for requesting a review of the agency's decision. The notification shall be sent to the applicant no later than fifteen days after the application was submitted.

(L) An applicant shall have the opportunity to revise the JFS 01691 at any time regarding the characteristics or number of children desired. If the agency, based upon receipt of a revised JFS 01691, determines that the applicant is now seeking a special needs child, requirements and time frames for the application and homestudy process shall begin with the date that the revised JFS 01691 is received by the agency. If the applicant revises the JFS 01691 and does not seek to adopt a special needs child, the time frames for the application and homestudy process shall be consistent with the agency's adoption policy prepared pursuant to rule 5101:2-48-05 of the Administrative Code.

(M) Upon request, the PCSA, PCPA or PNA shall assist the applicant in completing the application and securing all required documents and information.

(N) The PCSA, PCPA or PNA shall not continue with the homestudy process if all required documentation is not submitted within one hundred eighty days of the receipt of the initial or revised JFS 01691 unless the agency makes a determination that the homestudy should not be terminated and documents this on the JFS 01673 "Assessment for Child Placement." The applicant shall be notified, in writing, at least thirty days prior to the termination of the application. Written notification shall contain an explanation of the reason for termination and a description of the procedures for requesting a review of the agency's decision.

(O) The PCSA, PCPA, or PNA shall document that each person seeking adoption approval successfully completes preservice training, prior to approval of the homestudy. Preservice training shall address the following components:

(1) The legal rights and responsibilities of adoptive parents.

(2) The recommending agency's policies and procedures.

(3) ODJFS requirements for approving adoptive applicants.

(4) The effects placement, separation and attachment issues have on children and their families.

(5) Caregivers' involvement in permanency planning for children and their families and post adoptive issues for children and families including availability of adoption subsidies.

(6) The dynamics of physical abuse, sexual abuse, emotional abuse, neglect, and substance abuse on human growth and development.

(7) Behavior management techniques.

(8) Effects of caregiving on children's families.

(9) Cultural issues including cultural diversity training and an overview of 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 it applies to the foster care and adoption process.

(10) The substance of section 2152.72 of the Revised Code which deals with the information required to be shared with a prospective adoptive parent before a child who has been adjudicated a delinquent child for the commission of certain violent crimes is placed with a prospective adoptive parent.

(P) A PCSA, PCPA, or PNA may waive components of the training if the assessor determines that the family has received training previously or the family has the skills to care for the needs of the child that will be placed in the home. When a waiver has been granted by the agency, it shall document the waiver in the case record.

(Q) No agency shall deny the acceptance of the JFS 01691 based on race, color, national origin, disability, age, gender, gender identity, or sexual orientation of the applicant.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: February 1, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-10 Restrictions concerning provision of adoption services.

(A) A public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) shall request that the bureau of criminal investigation (BCI) conduct a criminal records check on prospective adoptive parents and adult members of the prospective adoptive parent's household pursuant to the procedures set forth in section 2151.86 of the Revised Code.

(B) The PCSA, PCPA or PNA shall request that BCI include information from the federal bureau of investigation (FBI) in the criminal records check for each person subject to a criminal records check in accordance with division (A)(4) of section 109.572 of the Revised Code.

(C) A PCSA, PCPA or PNA shall not approve an adoptive placement if the results of the BCI criminal records check or the FBI check indicate that a prospective adoptive parent or, when applicable, any adult who resides with the prospective adoptive parent has been convicted of or pleaded guilty to any offense listed in appendix A to rule 5101:2-7-02 of the Administrative Code.

(D) Rehabilitative criteria for adoptive applicants and all other adult household members: unless specifically disqualified in appendix A to rule 5101:2-7-02 of the Administrative Code, no person who has been convicted of or pleaded guilty to an offense listed in appendix A to rule 5101:2-7-02 of the Administrative Code shall be considered for adoptive placement or be an adult resident of the prospective adoptive parent's household unless the PCSA, PCPA or PNA finds and documents that person has met all of the following conditions:

(1) The victim of the offense was not a person under the age of eighteen.

(2) The prospective adoptive parent's approval, or the person's residency in the prospective adoptive parent's household, will not jeopardize in any way the health, safety, or welfare of the children the PCSA, PCPA, or PNA serves. The following factors shall be considered in determining the person's approval as an adoptive parent or the person's residency in the adoptive parent's household:

(a) The person's age at the time of the offense.

(b) The nature and seriousness of the offense.

(c) The circumstances under which the offense was committed.

(d) The degree of participation of the person involved in the offense.

(e) The time elapsed since the person was fully discharged from imprisonment or probation.

(f) The likelihood that the circumstances leading to the offense will recur.

(g) Whether the person is a repeat offender. "Repeat offender" means a person who has been convicted of or pleaded guilty to the commission of any of the offenses listed in appendix A to rule 5101:2-7-02 of the Administrative Code two or more times in separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.

(h) The person's employment record.

(i) The person's efforts at rehabilitation and the results of those efforts.

(j) Whether any criminal proceedings are pending against the person.

(k) Whether the person has been convicted of or pleaded guilty to a felony contained in the Revised Code that is not listed in appendix A to rule 5101:2-7-02 of the Administrative Code, if the felony bears a direct and substantial relationship to being an adoptive parent or adult member of the adoptive parent's household.

(l) The victim of the offense was:

(i) A functionally impaired person as defined in section 2903.10 of the Revised Code.

(ii) A developmentally disabled person as defined in section 5123.01 of the Revised Code.

(iii) A person with a mental illness as defined in section 5122.01 of the Revised Code.

(iv) A person sixty years of age or older.

(m) Any other factors the PCSA, PCPA, or PNA considers relevant.

(E) It is the prospective adoptive parent's duty to provide written verification that the conditions specified in paragraph (D) of this rule are met. If the prospective adoptive parent fails to provide such proof or if the PCSA, PCPA, or PNA determines that the proof offered by the prospective adoptive parent is inconclusive, the prospective adoptive parent shall not be considered. Any doubt shall be resolved in favor of protecting the children the PCSA, PCPA, or PNA serves.

(F) All paragraphs of this rule are applicable to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code because the information contained in those sealed records bears a direct and substantial relationship to the care to be provided to any child who may be placed in the home.

(G) A conviction of, or a plea of guilty to, an offense listed in appendix A to rule 5101:2-7-02 of the Administrative Code shall not prevent a person's approval as an adoptive parent or being an adult household member of the home if the person has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(H) The report of any criminal records check conducted by BCI in accordance with section 109.572 of the Revised Code and pursuant to a request made by the PCSA, PCPA or PNA is not a public record for purposes of section 149.43 of the Revised Code. The report shall be made available only to the following persons:

(1) The person who is the subject of the criminal records check or his representative.

(2) The PCSA, PCPA, or PNA requesting the criminal records check or its representative.

(3) The department of job and family services, a county department of job and family services or a public children services agency.

(4) Any court, hearing officer, or other necessary individual involved in a case dealing with the denial of a final decree of adoption or interlocutory order of adoption.

(I) Foster parents who are being considered for adoption of a foster child residing in their home shall be assessed according to the standards contained in rule 5101:2-48-11 or 5101:2-48-11.1 of the Administrative Code, as applicable.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: April 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-12 Completion of the adoption homestudy.

(A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) that acts as a representative of the Ohio department of job and family services (ODJFS) shall:

(1) Inform all individuals applying for adoption homestudy approval that they can also be studied for foster home certification.

(2) Conduct a joint homestudy pursuant to the requirements contained in Chapters 5101:2-5, 5101:2-7 and 5101:2-48 of the Administrative Code resulting in the simultaneous approval of the applicant for:

(a) Adoption homestudy approval.

(b) Foster care placement.

(3) If the PCPA or PNA is not certified to recommend foster homes for certification and place or participate in the placement of children for adoption, then the agency must inform the individuals that a joint homestudy could be conducted simultaneously by another agency that is certified for both functions.

(B) The PCSA, PCPA, PNA, or court shall ensure that employees or persons under contract with the agency to perform assessor duties comply with the following requirements.

(1) The assessor definition in rule 5101:2-1-01 of the Administrative Code.

(2) Rule 5101:2-48-06 of the Administrative Code.

(3) Section 3107.014 of the Revised Code.

(C) To avoid a conflict of interest, or the appearance of any conflict of interest, an assessor shall not perform any assessor duties for any of the following persons:

(1) Him or her self.

(2) Any person who is a relative of the assessor.

(3) Any agency employee for whom the assessor has any supervisory responsibility.

(4) Any agency employee who has any supervisory responsibility for the assessor.

(D) To avoid a conflict of interest, or the appearance of any conflict of interest:

(1) The agency administrator and a relative of the agency administrator shall not have an adoption homestudy completed by the agency with which the administrator is employed.

(2) A member of the agency's governing body and a person known to the agency as a relative of the agency's governing body shall not have an adoption homestudy completed by the agency with which the member is associated.

(3) Adoption inquiries from anyone mentioned in this paragraph wishing to have an adoption homestudy completed shall be referred to another agency with no such appearance of a conflict of interest.

(4) An existing approved adoption homestudy of any person referred to in paragraph (D) of this rule shall be transferred to another adoption agency within sixty days of the effective date of this rule.

(5) If the agency becomes aware an approved adoptive parent of the agency is a relative of the administrator or a relative of the agency's governing body, it shall initiate a transfer of the adoption homestudy. The transfer shall be completed within sixty days of the discovery.

(E) A PCSA, PCPA or PNA may selectively recruit on the basis of the need for adoptive parents that reflect the diversity of waiting children for whom adoptive homes are needed as specified in the agency's recruitment plan as required by rule 5101:2-48-05 of the Administrative Code.

(1) The agency shall not consider the age, gender, gender identity, or sexual orientation of a family for whom that agency is conducting a homestudy in determining whether a homestudy is approved or disapproved or a child is placed in the home.

(2) The agency shall not consider the age, gender, gender identity, or sexual orientation of a child being considered for adoption in determining whether a homestudy is approved or disapproved or a child is placed in the home.

(3) The agency shall not discriminate in approving or disapproving a homestudy on the basis of disability in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 and of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132.

(4) The agency is to adhere to the support services and modifications for a person with a disability as described in sections 2131.03, 2131.031, 2131.032, 2131.033 and 2131.034 of the Revised Code.

(F) The agency shall not consider the race, color or national origin of a family for whom the agency is conducting a homestudy in determining whether a homestudy is approved or disapproved or a child is placed in the home.

(1) As prohibited by 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), agencies may not deny any person the opportunity to become an adoptive parent on the basis of race, color, or national origin of the person or of any children involved.

(2) The agency shall not consider the race, color, or national origin of a child being considered for adoption in determining whether a homestudy is approved or disapproved or a child is placed in the home.

(3) The agency may consider a child's race, color, or national origin only in those cases it is determined acceptable pursuant to rule 5101:2-48-13 of the Administrative Code.

(G) The agency shall use the JFS 01691 "Application for Child Placement" for all initial adoption homestudy applications.

(1) The agency shall not accept an incomplete JFS 01691.

(2) The agency shall not begin the homestudy assessment process prior to the receipt of a fully completed JFS 01691 signed by the applicant(s).

(3) If a foster care applicant decides during the homestudy process to also become approved for adoption, the homestudy documentation and training completed up to that point may be utilized as long as the documentation or training has not expired upon completion of the homestudy. Applicants shall not be required to duplicate documentation as a result of a new application date.

(H) The agency shall commence the homestudy assessment within thirty days after the date the agency receives a fully completed JFS 01691 signed by the adoptive applicant(s).

(1) Commencement of a homestudy means, at a minimum, scheduling an appointment to interview the applicant or assuring the applicant is informed of the necessary materials required for the assessor to complete the homestudy.

(2) An agency failing to commence a homestudy within thirty days after receiving the application shall document on the JFS 01673 "Assessment for Child Placement" the reason(s) the agency is unable to meet this requirement.

(I) The agency shall complete the homestudy within one hundred eighty days after the date the agency received the completed application. An agency failing to complete a homestudy within one hundred eighty days shall document on the JFS 01673 the reason(s) the agency is unable to meet this requirement.

(J) If a homestudy is not completed within one year of the application date it shall be terminated unless the agency makes the determination the homestudy should not be terminated. The decision not to terminate shall be made at the agency's discretion and documented on the JFS 01673. If the agency decides to terminate the homestudy, it shall notify the adoptive applicant in writing no less than thirty days prior to the termination. Written notification shall include the reason for termination and the procedures for requesting a review of the agency's decision.

(K) If a PCSA initiates an adoptive homestudy with an applicant who resides in another county, the PCSA shall notify the PCSA in the county the applicant resides. This requirement does not apply to:

(1) An adoption by a step-parent whose spouse is a biological or adoptive parent of the minor to be adopted.

(2) An adoption where the PCSA in the county the adoptive applicant resides contracts with another PCSA to complete the adoptive applicant's homestudy.

(L) If a PCPA, PNA or attorney arranging an adoption initiates an adoptive homestudy with an applicant, they shall notify the PCSA in the county the applicant resides. This requirement does not apply to:

(1) An adoption by a step-parent whose spouse is a biological or adoptive parent of the minor to be adopted.

(2) An adoption where the PCSA in the county the adoptive applicant resides contracts with the PCPA or PNA to complete the adoptive applicant's homestudy.

(M) The written notification to the PCSA, required in paragraphs (K) and (L) of this rule, shall be sent within ten days of the initiation of the homestudy, and shall include the following information:

(1) The applicant's name.

(2) The applicant's address.

(3) The applicant's telephone number.

(4) The names and dates of birth of all household members at the time of the application.

(5) A request for any relevant information, if known, including, at a minimum:

(a) Confirmation of household members as determined by a review of agency records.

(b) Information relating to any previous foster care or adoption applications and/or placements, such as:

(i) Past or present functioning of the prospective adoptive parent and household members.

(ii) Rule violations.

(iii) Information on the events leading to a removal of any child from the prospective adoptive family home.

(N) When a PCSA in the county the adoptive applicant resides receives a notification letter, the PCSA shall provide, in writing, any relevant information listed in paragraph (M)(5) of this rule to the requesting agency within fifteen days of the receipt of the letter. If the PCSA does not have any relevant information regarding the adoptive applicant or any household members, the PCSA shall respond to the requesting agency that no information was found.

(O) The PCSA in the county the adoptive applicant resides shall maintain written documentation on each family for whom they receive a notification letter. If the family is known to the agency and a record exists, the information shall be merged with the existing file.

(P) If an agency determines any applicant knowingly provided false information for the homestudy or application, or any document submitted by the applicants during the homestudy process contains false information, the agency shall follow procedures outlined in rule 5101:2-33-13 of the Administrative Code.

(Q) The following is required for the homestudy:

(1) An assessor shall conduct an in home face to face interview with all members of the household based on his or her age and development. The interview with all members of the household may be a joint interview or separate individual interviews.

(2) Documentation of current marital status, which shall include a marriage certificate, divorce decree, or other verification of marital status, if applicable.

(3) The bureau of criminal investigation (BCI) and federal bureau of investigation (FBI) reports as outlined in rule 5101:2-48-10 of the Administrative Code for all persons subject to a criminal records check.

(a) The criminal records check(s) must be completed and the results received by the agency prior to approval of the homestudy.

(b) Except as provided in paragraph (D) of rule 5101:2-48-10 of the Administrative Code, an agency shall not approve an adoption homestudy if the applicant or any adult member of the household has been convicted of any crime listed in appendix A to rule 5101:2-7-02 of the Administrative Code.

(4) If the agency has the ability to complete the search in the Ohio statewide automated child welfare information system (SACWIS), the agency shall complete an alleged perpetrator search of abuse and neglect report history through the system for each adoptive applicant and each adult who resides with the applicant. If the agency does not have the ability to complete the search in Ohio SACWIS, the agency shall request a search of the system from ODJFS for each adoptive applicant and each adult who resides with the applicant.

(a) A report with the results of the search shall be placed in the adoptive record.

(b) This report is used to determine the suitability of the adoptive applicant as an adoptive parent.

(5) The agency shall request a check of the child abuse and neglect registry of any other state an applicant or other adult household member has resided in the five years immediately prior to the date of the criminal records check as required by division (A) of section 2151.86 of the Revised Code.

(6) The agency is to complete a check of the national sex offender registry at https://www.nsopw.gov/ for the adoptive applicant and each adult who resides with the adoptive applicant. The results are to be reviewed prior to the agency's approval of the adoption homestudy. The application may be denied based solely on the results of the search.

(7) Completion of the JFS 01530 "Large Family Assessment" is required at the time of the adoption homestudy when:

(a) 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;

(b) 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.

(8) A physical exam and a JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" are to be completed by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner or certified nurse-midwife within one year prior to approval of the homestudy for the applicant. All household members are to complete a JFS 01653.

(a) Any written documentation of a physical examination shall be completed by the individual conducting the examination.

(b) The form shall document that the applicant and all members of the household are free from any physical, emotional or mental condition which would endanger children or seriously impair the ability of the household members to care for the child being adopted.

(c) The agency may require an applicant or household member to secure and provide to the agency a report of an additional examination by a licensed physician, psychologist, or other certified or licensed professional if any of the following apply:

(i) The applicant or any household member has suffered a serious illness or injury within the past year.

(ii) It is determined to be necessary by the agency to ensure the safety, health, or care of any child who may be placed in the home of the applicant.

(9) The applicant shall have an income sufficient to meet the basic needs of the household and to make timely payment of shelter costs, utility bills, and other debts. To show this, an applicant shall provide at a minimum:

(a) A completed JFS 01681"Applicant Financial Statement."

(b) Proof of income for the household for the most recent tax year prior to the date of application.

(c) Proof of income for the household for a two month period. The verification of income shall not be dated more than six months prior to the agency's approval of the adoption homestudy.

(d) At least one utility bill for each utility necessary to maintain the household. The bill or bills should not be dated more than six months prior to the agency's approval of the adoption homestudy.

(10) Prior to approving the homestudy for adoption, the agency shall document that each person seeking adoption approval successfully completes preservice training in accordance with rule 5101:2-48-09 of the Administrative Code. Each person seeking adoption approval shall receive training on the Administrative Code rules and the agency's policies and procedures that are in effect on the date the agency approves the adoption homestudy.

(11) References shall be received by the agency prior to the approval of the homestudy.

(a) The applicant shall provide the names and contact information of at least three people who do not reside with the applicant, so that they may be contacted as references. A minimum of three personal references shall be received prior to the date the agency approves the homestudy. A minimum of one of the required references is to be from a relative and at least two references from non-relatives.

(b) The applicant and all adult household members shall provide the name of any other agency or organization the applicant and any household member has applied to or had a homestudy approved for foster care or adoption, or any organization they have worked with in providing care and supervision of children. The applicant and all adult household members shall complete a written and signed release of information statement so any such reference may be contacted.

(c) The agency shall contact all adult children of the applicant for a reference. If the adult children are unable or unwilling to provide a reference this shall be assessed during the homestudy process and documented on the homestudy.

(d) All contacts with references listed in this rule are required and shall be documented in the narrative section of the homestudy.

(12) The JFS 01200 "Fire Inspection Report for Homes or Residential Facilities Certified by ODJFS" or other form used for a local or state fire inspection certifying the home is free from conditions hazardous to the safety of children. The report shall not be dated more than twelve months prior to the agency's approval of the homestudy.

(13) The JFS 01348 "Safety Audit" completed not more than six months prior to the agency's approval of the homestudy, documenting the residence satisfactorily meets all safety standards.

(14) There shall be a continuous supply of safe drinking water. Well water used for drinking and cooking shall be tested and approved by the health department prior to approval of the adoption homestudy.

(15) The applicant's home is to have a working smoke alarm on each level of occupancy and at least one near all sleeping areas approved by one of the following:

(a) "Underwriter's Laboratory."

(b) A certified fire inspector.

(16) The applicant's home is to have at least one carbon monoxide detector on each level of occupancy of the home and at least one near all sleeping areas.

(17) Prior to the end of the assessment process, applicants shall complete and sign the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" indicating the acceptable characteristics of the child the applicant is willing to adopt.

(a) The determination of the specific number, age, and gender of children the adoptive applicant is approved for is the joint decision of the applicant and the assessor, based on the applicant's strengths and needs.

(b) Upon the request from an applicant or approved adoptive parent, the JFS 1673-A may be updated as often as needed.

(c) International and step-parent adoptions are exempt from this form requirement.

(R) The agency shall document in each record that the applicant has been evaluated by an assessor to determine the applicant's compliance with all homestudy requirements and the suitability of the applicant to be approved as an adoptive parent considering all household members.

(1) In completing the evaluation, a written narrative shall be compiled, signed by the assessor, and approved by the supervisor, indicating approval or denial of the application.

(2) This evaluation shall be a completed JFS 01673 or JFS 01692 "Application for Adoption of a Foster Child or Sibling Group," as applicable.

(3) Step-parent and international homestudies are exempt from this form requirement. The JFS 01698 "Step-parent Adoption Homestudy" may be used when the court requests an agency to conduct a homestudy involving a step-parent adoption.

(S) In addition to the requirements of Chapter 5101:2-48 of the Administrative Code, the agency may establish a written policy that applies to all applicants, requiring submission of additional materials or documents, or participation in additional assessment activities. The agency shall not approve an adoption homestudy prior to the completion of those requirements, in addition to all requirements of Chapter 5101:2-48 of the Administrative Code that are applicable to the approval of the adoption homestudy.

(T) The assessor shall make one or more of the following recommendations at the completion of the adoption homestudy:

(1) Approve the applicant(s) as adoptive parent(s).

(2) Approve the applicant(s) as adoptive parents and recommend the applicant(s) for certification as a foster caregiver(s) simultaneously.

(3) Deny the adoption application.

(U) The assessor shall provide written notification to the applicant(s) of approval or denial of the adoption homestudy. The written notification shall be provided within ten days after the homestudy is approved or disapproved.

(1) Adoption homestudy approval notification shall include, at a minimum, the following information:

(a) Date of approval of the adoptive homestudy with the date the approved homestudy expires.

(b) A description of the characteristics of the child or children for whom the applicant is being approved.

(2) Adoption homestudy denial shall include, at a minimum, the following information:

(a) A detailed explanation of the reasons for the denial.

(b) A description of procedures for an agency review pursuant to rule 5101:2-48-24 of the Administrative Code.

(V) No later than ten days after the homestudy is completed, the agency shall document the results of the homestudy on the JFS 01609 "Family Permanency Planning Data Summary."

(W) The agency shall enter the appropriate data into the Ohio SACWIS to complete the provider record and approve the adoption homestudy.

(X) No agency shall release a homestudy to any other agency or probate court if it is determined that the application, homestudy or any document provided during the homestudy process contains a false statement knowingly made by the applicant.

(Y) The homestudy shall be updated every two years from the date of approval of the initial homestudy in accordance with rule 5101:2-48-12.1 of the Administrative Code. The homestudy shall be amended, if applicable, in accordance with rule 5101:2-48-12.2 of the Administrative Code.

(Z) If a child has been placed in an approved adoptive home, the agency shall assure that the home continues to be in an approved status until the adoption is finalized by updating and amending the homestudy in accordance with rules 5101:2-48-12.1 and 5101:2-48-12.2 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: February 16, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-12.1 Adoption homestudy updates.

(A) All adoption homestudies shall be updated every two years from the date of approval of the initial homestudy or the date of approval of the most current update, whichever is more recent. If a homestudy is simultaneously approved for adoption and certified for foster care by the same agency, the spans shall be the same for both programs from the date of the foster home certification.

(1) If an approved adoptive home is subsequently certified for foster care by the same agency that approved the home for adoption, the adoptive homestudy shall be updated at the same time the home is initially certified for foster care so that the spans will coincide.

(2) If a certified foster home is subsequently approved for adoption by the same agency that certified the home for foster care, the next adoption update shall be completed when the current foster care certificate is recertified so that the spans will coincide.

(B) The public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) shall ensure that employees or persons under contract with the agency to complete adoption homestudy updates comply with the following requirements.

(1) The assessor definition in rule 5101:2-1-01 of the Administrative Code.

(2) Rule 5101:2-48-06 of the Administrative Code.

(3) Section 3107.014 of the Revised Code.

(C) The agency shall notify the adoptive parent(s) of the date of expiration of the homestudy not fewer than ninety days or more than one hundred fifty days prior to the expiration date. The notification shall:

(1) Identify any information or documentation that is required for the homestudy update.

(2) Be completed on the JFS 01331, "Notice of Expiration and Reapplication for a Foster Home Certificate or Adoption Homestudy Approval."

(D) Following agency notification to the adoptive parent as required by paragraph (C) of this rule, if the adoptive parent fails to either reapply or voluntarily terminate prior to the expiration date of the approval, the homestudy approval shall expire. If the family wishes to have an adoption homestudy approval after the expiration date, they shall reapply through the initial homestudy application process pursuant to rule 5101:2-48-09 of the Administrative Code.

Following the expiration of an adoption homestudy, the agency is to enter the appropriate data into the statewide automated child welfare information system (SACWIS) to close the adoption homestudy.

(E) If the adoptive parent has applied to update an adoption homestudy prior to the expiration of a current adoption approval, an assessor shall complete a JFS 01385 "Assessment for Child Placement Update," ensure that the adoptive parent remains in compliance with the requirements of Chapter 5101:2-48 of the Administrative Code, and determine the continued suitability of the adoptive family. The agency shall compile and review the following documents, in addition to completing the JFS 01385:

(1) The most recent JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" completed for the applicant and all household members. The agency may require a new JFS 01653 if the agency deems it necessary.

(2) The agency may require a report of a physical, psychiatric or psychological examination or treatment of the adoptive parent(s) or other household member in order to ensure the safety, health or care of an adoptive child. The examination shall be conducted by a licensed physician, psychologist, or other certified or licensed professional.

(3) The most recent fire inspection by a state certified fire safety inspector or the state fire marshal's office using the JFS 01200 "Fire Inspection Report for Residential Facilities Certified by ODJFS" or other form used for a local or state fire inspection. The agency may require a new fire inspection at the time of the update if the agency deems it necessary to ensure the home is free from conditions which may be hazardous to the safety of an adoptive child.

(4) The most recent JFS 01681 "Applicant Financial Statement." The agency may require a new JFS 01681 if there have been any substantial changes to the adoptive family's financial situation.

(5) The most recent well water test approved by the health department, if applicable. The agency may require a new well water test if the agency deems it necessary.

(6) The most recent JFS 01530 "Large Family Assessment," if applicable. If the family circumstances have changed substantially since the previous JFS 01530, or if a JFS 01530 was not previously completed and is now required, the agency shall complete a new JFS 01530 at the time of the update.

(7) If the agency has the ability to complete the search in SACWIS, the agency shall complete an alleged perpetrator search of abuse and neglect report history through the system for each adoptive parent and adult household member. If the agency does not have the ability to complete the search in SACWIS, the agency shall request and obtain a search of the system from ODJFS for each adoptive parent and each adult household member.

(a) A report with the results of the search shall be placed in the adoptive provider record.

(b) This report is to be used to determine the continued suitability of the adoptive family.

(8) The agency shall conduct a safety audit utilizing the JFS 01348 "Safety Audit" completed within six months prior to the approval of the adoption homestudy update, documenting the residence continues to meet all safety standards.

(9) The most recent criminal records check for the adoptive parents and adult household members. Once a homestudy is approved, a new criminal records check shall be conducted, pursuant to section 2151.86 of the Revised Code, for the adoptive parent(s) and each adult household member every four years prior to approving the adoption update. If an existing resident of the home, including youth placed in the home, turned eighteen years of age during the current approval span, the agency shall have criminal records checks completed at the time of the next update and every four years thereafter at the time of update.

(10) A minimum of one written reference from a professional who is knowledgeable of the family dynamics and family functioning. If a reference is not available from a professional, a personal reference from someone aware of the adoptive family's functioning is permissible. This reference shall not be completed by a household member. This reference is required for families who are only approved for adoption by the recommending agency. If the family is also certified for foster care by the recommending agency, the reference is not required.

(11) The agency is to complete a check of the national sex offender registry at https://www.nsopw.gov/ for the approved adoptive parent and each adult who resides with the adoptive parent. The results are to be reviewed prior to each adoption homestudy update. The adoption homestudy update may be denied solely on the results of the search.

(F) An assessor's update of an adoption homestudy shall include at least one home visit and one interview with each member of the household (except foster children) based on his or her age and development currently residing in the home. This may be a joint interview or individual interviews.

(G) If an agency receives a completed JFS 01331 at least thirty days prior to the expiration date of the adoption approval, an agency shall follow the requirements listed in this rule to complete the assessment for the update of the adoption approval.

(1) At the completion of the assessment and prior to the expiration of the current adoption homestudy approval span, an agency is to enter the required data into SACWIS documenting one of the following:

(a) Adoption update approval.

(b) Denial of the adoption update and closure of the adoption homestudy.

(c) Closure, based on receipt of voluntary withdrawal.

(2) The effective date of the adoption homestudy approval shall be the first day following the expiration of the previous approval span.

(H) If an agency receives a completed JFS 01331 less than thirty days prior to the expiration of the adoption approval, the agency may complete the requirements listed in this rule if they have sufficient time and resources to complete the assessment and submit the requirements in paragraph (G) of this rule prior to the expiration date of the current approval span.

(1) If the agency is unable to complete the update of the adoption approval prior to the expiration, the adoption approval will expire on the date of expiration.

(2) If the adoption approval expires, the agency shall, within ten days after the expiration date of the current approval span:

(a) Provide written notification to the family of the following:

(i) That the adoption homestudy approval has expired.

(ii) That the family must reapply for initial adoption approval pursuant to rule 5101:2-48-12 of the Administrative Code if they would like to obtain adoption homestudy approval.

(b) An agency shall enter the required data into SACWIS to document the provider has closed because the adoption homestudy approval has expired.

(I) The assessor shall provide written notification to the applicant(s) of approval or denial of the update to the adoption homestudy. The written notification shall be provided to the adoptive family within ten days of completion of the adoption approval update.

(1) Adoption homestudy update approval notification shall include, at a minimum, the following information:

(a) Date of approval of the adoption homestudy update with the date the update expires.

(b) A description of the characteristics of the child or children for whom the update is being approved.

(2) Adoption homestudy update denial shall include, at a minimum, the following information:

(a) A detailed explanation of the reasons for the denial.

(b) A description of procedures for an agency review pursuant to rule 5101:2-48-24 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: March 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-12.2 Required notification and adoption homestudy amendments.

(A) An approved adoptive parent shall notify the recommending agency within one hour of any of the following circumstances involving an adoptive child whose adoption is not finalized:

(1) A serious injury or illness involving medical treatment of the adoptive child.

(2) Unauthorized absence of the adoptive child from the home.

(3) Removal of the adoptive child from the home by any person or agency other than the placing agency, or attempts at such removal.

(4) Any involvement of the adoptive child with law enforcement authorities.

(5) The death of the adoptive child.

(B) An approved adoptive parent shall notify the recommending agency within twenty-four hours or the next working day if any of the following occur:

(1) A change in the marital status of an approved adoptive parent(s).

(2) Any serious illness or death of an approved adoptive parent or household member.

(3) The finalization of an adoptive child placed by a different agency.

(4) A change in the number of household members, not including foster children.

(5) A criminal charge or conviction of any approved adoptive parent or other adult household member(s).

(6) A significant change in financial status or income.

(7) A change of address for the adoptive family that is different than the address listed on the most recent homestudy or update.

(C) If the agency is notified of any of the following changes for the adoptive family, the agency shall amend the homestudy:

(1) A change in the marital status of the approved adoptive parent(s).

(2) The death of an approved adoptive parent or household member.

(3) A change in household members, not including foster children.

(4) A change of address for the adoptive family that is different than the address listed on the most recent homestudy or update.

(D) The public children services agency (PCSA), private child placing agency (PCPA), private noncustodial agency (PNA), or court shall ensure that employees or persons under contract with the agency to perform assessor duties comply with the following requirements.

(1) The assessor definition in rule 5101:2-1-01 of the Administrative Code.

(2) Rule 5101:2-48-06 of the Administrative Code.

(3) Section 3107.014 of the Revised Code.

(E) An amendment is a narrative of the assessor's evaluation of the change that has occurred in the approved adoptive family. The agency shall document the date of notification in the amendment.

(1) The amendment shall be completed within thirty days of the date of the change, or within thirty days of the date the agency became aware a change occurred if notification did not occur pursuant to paragraph (A) or (B) of this rule.

(2) If the change is to add an adoptive parent to the homestudy, the amendment shall not be completed until the preservice training has been completed or waived pursuant to rule 5101:2-48-09 of the Administrative Code.

(3) In completing the amendment, the agency shall, if necessary, redetermine the specific number, age, and gender of children the family is approved to adopt. The amendment shall address sleeping arrangements, beds and bedrooms, and shall evaluate whether the adoptive family remains in compliance with all applicable requirements.

(4) The amendment shall be completed in the statewide automated child welfare information system (SACWIS).

(F) If the amendment is due to a new household member, the agency shall ensure the following:

(1) New household members residing with the adoptive parent shall have a JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" completed.

(a) If the new occupant is an adopted child who immediately prior to the adoption resided in the home as a foster child, a JFS 01653 is not required.

(b) The JFS 01653 shall be dated within ninety days of the date the person becomes a household member.

(c) If the agency was not notified of the new household member pursuant to paragraph (B) of this rule, the agency shall ensure the new household member completes the JFS 01653 within ninety days of the date the agency became aware of the new household member.

(2) New adult household members residing with the approved adoptive parent shall have a search of the national sex offender registry at https://www.nsopw.gov/, a bureau of criminal investigation (BCI) and federal bureau of investigation (FBI) records check, as outlined in rule 5101:2-48-10 of the Administrative Code.

(a) The criminal records checks shall be conducted within ten working days of the date the person becomes a household member.

(b) If the agency was not notified of the new household member pursuant to paragraph (B) of this rule, the criminal record checks shall be conducted within ten working days of the date the agency became aware of the new household member.

(3) New adult household members shall provide the name of any agency they have applied to or had a homestudy approved for foster care or adoption, or any organization they have worked with in providing care and supervision of children. The new adult household member shall complete a written and signed release of information so that any such reference may be contacted.

(4) If the agency has the ability to complete the search in SACWIS, the agency shall complete an alleged perpetrator search of abuse and neglect report history through the system for the new adult household member within ten working days of the date the person becomes a household member. If the agency does not have the ability to complete the search in SACWIS, the agency shall request a search of the system from ODJFS for the new adult household member within ten working days of the date they become a household member. If the agency was not notified of the new household member pursuant to paragraph (B) of this rule, the agency shall ensure the search is conducted within ten working days of the date the agency became aware of the new household member.

(a) A report with the results of the search shall be placed in the adoptive record.

(b) This report is used to determine the continued suitability of the adoptive family.

(5) The agency shall request a check of the child abuse and neglect registry of any other state the new adult household member has resided in for the five years immediately prior to the date of the criminal records check for the new household member, as required by division (A) of section 2151.86 of the Revised Code.

(6) If the new household member is the spouse of the approved adoptive parent and shall therefore be added as an approved adoptive parent, the agency shall ensure the following is completed in addition to the requirements found in paragraph (F) of this rule:

(a) The agency shall contact all adult children of the new spouse for a reference. If the adult children are unable or unwilling to provide a reference this shall be assessed during the amendment process and documented in the amendment.

(b) If the new spouse has not previously completed the preservice training, the agency shall ensure the spouse completes the training or meets the requirements for a waiver pursuant to rule 5101:2-48-09 of the Administrative Code no later than one hundred eighty days after becoming a household member. The spouse shall not be added to the adoption approval until the training or waiver has been completed.

(G) If the amendment is due to a change of address of the adoptive family, the agency shall ensure the following:

(1) The agency shall conduct a safety audit documenting the new residence satisfactorily meets all safety standards.

(a) The safety audit shall be completed on the JFS 01348 "Safety Audit."

(b) The safety audit shall be conducted within ten working days after the change of address.

(c) If the agency was not notified of the change of address pursuant to paragraph (B) of this rule, the agency shall conduct the safety audit within ten working days of the date they became aware of the change of address.

(2) The agency shall require the approved adoptive parent to obtain a fire safety inspection certifying the new residence is free from conditions hazardous to the safety of an adoptive child.

(a) The fire safety inspection shall be completed on the JFS 01200 "Fire Inspection Report for Residential Facilities Certified by ODJFS" or other form used for a local or state fire inspection.

(b) The fire safety inspection shall be requested prior to or within thirty days of the date of the change of address. If the agency was not notified of the change of address pursuant to paragraph (B) of this rule, then the fire safety inspection shall be requested within thirty days of the date the agency became aware of the change of address.

(c) The fire safety inspection shall be conducted prior to or within ninety days of the date of the change of address. If the agency was not notified of the change of address pursuant to paragraph (B) of this rule, then the fire safety inspection shall be conducted within ninety days of the date the agency became aware of the change of address.

(H) The assessor shall provide written notification to the adoptive parent of approval or denial of the amendment to the adoption homestudy. The written notification shall be provided to the adoptive family within ten days of completion of the homestudy amendment. If an amendment is denied, the adoption homestudy is no longer approved.

(1) Amendment approval notification shall include, at a minimum, the following information:

(a) A summary of the change requiring the amendment.

(b) The date of the notification provided pursuant to paragraph (B) of this rule.

(c) The date the change occurred that required the amendment.

(d) Date of approval of the adoption amendment.

(2) Adoption homestudy denial shall include, at a minimum, the following information:

(a) A detailed explanation of the reasons for the denial.

(b) A description of procedures for an agency review pursuant to rule 5101:2-48-24 of the Administrative Code.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: March 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-13 Non-discrimination requirements for adoptive placements.

(A) A public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) shall not deny any person the opportunity to become an adoptive parent on the basis of race, color or national origin (RCNO) of that person, or of the child involved; nor shall the PCSA, PCPA or PNA delay or deny the placement of a child for adoption on the basis of RCNO of the adoptive parent, or of the child involved.

(B) 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, do not supercede the provisions of the Indian Child Welfare Act of 1978, P.L. 95-608, 25 U.S.C. 1901-1963.

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

(D) Only the most compelling reasons may serve to justify 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 adoptive parent. In those exceptional circumstances when RCNO needs to be taken into account in a placement decision, such consideration shall 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 shall not be the sole determining factor in the placement decision.

(E) A JFS 01689 "Documentation of the Placement Decision-Making Process," shall be completed at each matching conference where families are considered as potential matches and prior to the placement selection by the custodial agency, pursuant to rule 5101:2-48-16 of the Administrative Code.

(F) Annually each PCSA, PCPA, and PNA is to review and update their foster care and adoption recruitment plan. The review and update is to be completed in the Ohio statewide automated child welfare information system (SACWIS) by June thirtieth each year.

(G) The following actions by a PCSA, PCPA, or PNA are permitted as it applies to the adoptive placement:

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

(2) Honoring the decision of a child over twelve years of age not to consent to an adoption, unless the court finds that the adoption is in the best interest of the child and the child's consent is not required.

(3) Providing information and resources about adopting a child of another RCNO to prospective adoptive parents who request such information and making known to all families that such information and resources are available.

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

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

(6) 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 required of all applicants who seek to become adoptive parents.

(H) The agency is required to document verbal comments, verbatim, or describing in detail any other indication made by a prospective adoptive parent or prospective adoptive family member living in the household or any other person living in the household reflecting a negative perspective regarding the RCNO of a child for whom the prospective adoptive family have expressed an interest in adopting.

(1) The documentation shall indicate whether those comments were made before or after completion of the cultural diversity training that is required for all adoptive applicants.

(2) The documentation shall be included in the prospective adoptive family's homestudy, update, or in an addendum to the homestudy or update prior to consideration of placement or a matching conference. The matching conference committee shall consider the information to determine if it will impact the placement.

(I) The following actions by a PCSA, PCPA, or PNA are prohibited as it applies to the adoption process:

(1) Using the RCNO of a prospective adoptive parent to differentiate between adoptive placements for a child(ren), unless the procedures in paragraphs (J) to (N) of this rule are followed.

(2) Honoring the request of a birth parent(s) to place a child with a prospective adoptive parent(s) of a specific RCNO.

(3) Requiring a prospective adoptive family to prepare or accept a transracial adoption plan.

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

(5) Delaying or denying placement of a child based upon any of the following:

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

(b) The demographics of the neighborhood.

(c) The presence or lack of presence of a significant number of people of a particular RCNO in the neighborhood.

(6) Requiring extra scrutiny, additional training, or greater cultural awareness of individuals who are prospective adoptive parents of children of a different RCNO than required of other prospective adoptive parents.

(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 adoptive parents of a particular RCNO to care for or nurture the sense of identity of a child of another RCNO.

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

(J) 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 shall determine if the child should be referred for an assessment of whether the child has individual needs involving RCNO.

(K) One of the following licensed professionals shall 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.

(L) The licensed professional conducting the assessment shall not be employed by the PCSA or PCPA making the referral.

(M) At the time of the referral, the PCSA or PCPA shall initiate and subsequently complete the JFS 01688 "Individualized Child Assessment" using the following procedures:

(1) The caseworker shall complete section I of the JFS 01688 and submit the JFS 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 shall be referred within ten days of the completion date of the individual child assessment as indicated in paragraph (J) of this rule. At the time of the referral, the agency shall forward to the licensed professional the following documents:

(a) The original JFS 01688.

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

(c) All other relevant material documented in the child case file.

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

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

(5) A licensed professional shall not complete an assessment pursuant to paragraph (J) of this rule until the PCSA or PCPA has provided the licensed professional with copies of the following:

(a) The JFS 01607 "MEPA Educational Materials."

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

(c) Rule 5101:2-42-18.1 of the Administrative Code.

(d) Rule 5101:2-48-13 of the Administrative Code.

(e) Rule 5101:2-48-16 of the Administrative Code.

(6) The licensed professional shall sign the JFS 01608 "Licensed Professional's Statement" acknowledging receipt of the materials required by paragraph (M)(5) of this rule. A copy of the signed JFS 01608 shall be submitted to the PCSA or PCPA.

(7) The PCSA or PCPA shall keep the JFS 01608 and attach a copy to each JFS 01688 the licensed professional completes. The PCSA or PCPA shall submit a copy of the JFS 01608 and JFS 1688, if applicable to ODJFS within ten days after receiving it.

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

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

(9) The following documents shall be presented as part of the placement decision making process at each matching conference in which the child is considered for a match with a prospective adoptive family:

(a) The JFS 01688, if applicable.

(b) The JFS 01690 "Documentation of the Pre-Adoptive Staffing and Updates."

(c) All other relevant supporting materials.

(10) Documentation of how RCNO impacted the placement decision shall be documented on the JFS 01689 pursuant to rule 5101:2-48-16 of the Administrative Code.

(11) The PCSA or PCPA shall submit the JFS 01689 to ODJFS within ten days of the matching conference if the PCSA or PCPA determined that RCNO should be a factor considered in the child's placement.

(N) The PCSA or PCPA shall maintain in the child's case file the completed original JFS 01688 and all medical or psychological evaluations, school records or other material documented in the file.

(O) A PCSA, PCPA, or PNA shall not intimidate, threaten, coerce, or in any way discriminate or retaliate against any person who has filed any complaint orally or in writing, testified, assisted, or participated in any manner in the investigation of any alleged violation of MEPA and/or Title VI, including:

(1) Any potential or approved adoptive family or foster caregiver.

(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 or PCPA, such as a guardian ad litem (GAL) or court appointed special advocate (CASA) volunteer.

(P) Prohibited retaliatory conduct includes, at a minimum:

(1) A reduction in the size of an adoption subsidy which a family should receive based on the child's individual needs.

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

Last updated February 9, 2026 at 4:12 PM

History

• Effective: October 15, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-15 Provision of information to a prospective adoptive parent matched with a specific child.

(A) Prior to placing a child with the adoptive parent(s), the public children services agency (PCSA) or private child placing agency (PCPA) shall provide the prospective adoptive parent(s) with information about the child and any special needs of the child, identified or anticipated, and available resources to assist the prospective adoptive parent(s) in making an informed decision about the placement. If a newborn child is placed from a hospital into an adoptive home, the PCSA or PCPA is to provide the information required in this rule to the adoptive parent(s) as soon as it is available, but no later than thirty days after the adoptive placement.

(B) Prior to the date of adoptive placement, the PCSA or PCPA shall, as applicable:

(1) Provide the prospective adoptive parent(s) with the child study inventory. The information disclosed to the adoptive parent(s) shall include all background information available on the child in accordance with rule 5101:2-48-21 of the Administrative Code.

(2) Provide the adoptive family with written information describing types of behavior that the prospective adoptive parent may anticipate from children who have experienced abuse and neglect, suggested interventions, and the post adoption services available if the child exhibits those types of behavior after adoption.

(3) Provide the prospective adoptive parent(s) with information regarding any child-specific financial and medical resources, known or anticipated, including subsidy information.

(4) Provide the prospective adoptive parent(s) with the child's lifebook.

(5) Provide the prospective adoptive parent(s) with materials the biological parent(s) requested be given to the adopted person or adoptive parent(s), if authorization is given on the JFS 01693 "Ohio Law and Adoption Materials."

(6) Provide the prospective adoptive parent(s) with photographs of the biological parent(s) that the birth parent requested be given to the adopted person or adoptive parent(s), if authorization is given on the JFS 01693.

(7) Provide the prospective adoptive parent(s) with the biological parent's first name, if authorization is given on the JFS 01693.

(8) Provide the prospective adoptive parent(s) with the child's social security number, if applicable.

(C) Prior to the adoptive placement, the PCSA or PCPA shall provide a written report to the adoptive parent(s) if the child has been adjudicated a delinquent for an act to which of any of the following offenses apply:

(1) Aggravated murder.

(2) Murder.

(3) Voluntary manslaughter.

(4) Involuntary manslaughter.

(5) Felonious assault.

(6) Aggravated assault.

(7) Assault.

(8) Rape.

(9) Sexual battery.

(10) Gross sexual imposition.

(11) Conspiracy involving an attempt to commit aggravated murder or murder.

(12) Any other offense that would be a felony if committed by an adult, and the child was found to be using or in possession of a firearm when the child committed the offense.

(13) Any other offense that would be a felony if committed by an adult, and the child was found to be wearing or carrying body armor when the child committed the offense.

(D) The written report required for those children adjudicated delinquent pursuant to paragraph (C) of this rule shall include the following information:

(1) A descriptive summary of the child's social history.

(2) Unless a child's record has been sealed pursuant to section 2151.356 of the Revised Code, a description of all the known acts committed by the child that resulted in the court making a disposition that the child is adjudicated delinquent. If the agency knows the child's record has been sealed, the prospective adoptive parent(s) shall be informed in writing by the agency that the child's record of a prior delinquency adjudication has been sealed.

(3) A description of any other violent act(s) committed by the child of which the PCSA or PCPA is aware.

(4) The substantial and material conclusions and recommendations of any psychiatric or psychological examination conducted on the child.

(a) Pursuant to section 2152.72 of the Revised Code, if a child has been adjudicated delinquent for any of the crimes listed in paragraph (C) of this rule, the custodial agency is to ensure that a new psychological examination of the child is completed unless either of the following apply:

(i) A psychological examination of the child has been conducted within twelve months prior to the child's placement in the adoptive home and the child's record has not been sealed in accordance with section 2151.36 of the Revised Code.

(ii) A psychological examination of the child has been conducted within twenty-four months prior to the date of the adoptive placement when the child is being adopted by their foster caregiver.

(b) If no psychological or psychiatric examination of the child is available, the agency shall include the substantial and material conclusions and recommendations of an examination to detect mental and emotional disorders conducted in compliance with the requirements of Chapter 4757. of the Revised Code by one of the following licensed professionals:

(i) An independent social worker.

(ii) A social worker.

(iii) A licensed professional clinical counselor.

(iv) A licensed professional counselor.

(v) An independent marriage and family therapist.

(vi) A marriage and family therapist.

(c) The agency shall not provide any part of the examination to the adoptive parent(s) other than the substantial and material conclusions and recommendations.

(d) If a new psychological examination was required pursuant to this rule, the custodial agency is to provide the prospective adoptive parent with the substantial and material conclusions and recommendations within sixty days of the date of the adoptive placement. The custodial agency is not to provide any part of an examination required by this rule to the prospective adoptive parent other than the substantial and material conclusions and recommendations.

(E) In accordance with sections 2152.72 and 2152.99 of the Revised Code, it is a minor misdemeanor for any person, including staff of a PCSA or PCPA responsible for a child's placement in a prospective adoptive home or staff of a PNA responsible for the prospective adoptive home, to fail to provide the prospective adoptive parent(s) with the information required by paragraphs (C) and (D) of this rule. It is not a violation of confidentiality to provide such information.

(F) If a custodial agency places a child who has been adjudicated delinquent for any of the offenses listed in paragraph (C) of this rule in a prospective adoptive home with the assistance of or by contracting with another agency, then all of the following apply:

(1) The custodial agency shall provide the other agency with the information outlined in paragraphs (C) and (D) of this rule.

(2) The agency providing assistance to or contracting with the custodial agency shall provide written acknowledgment to the custodial agency that the information outlined in paragraphs (C) and (D) of this rule was received.

(3) The custodial agency shall keep the acknowledgment and provide a copy to the other agency.

(G) The adoptive family case record and the adoptive child case record shall contain documentation of the information provided to the adoptive family and of the family's receipt of the information required in this rule.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: May 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-16 Adoption preplacement and placement procedures.

(A) The public children services agency (PCSA) or private child placing agency (PCPA) that holds permanent custody of the child shall begin services to prepare the child for adoptive placement no later than the date of the permanent custody. The date of permanent custody shall be either:

(1) The date of the court's filing of its order of permanent commitment of the child to the PCSA or PCPA pursuant to section 2151.353, 2151.354, or 2151.414 of the Revised Code.

(2) The date of proper execution on the JFS 01666 "Permanent Surrender of Child" pursuant to section 5103.15 of the Revised Code.

(B) A PCSA or PCPA shall assign an assessor to work with the child on adoption planning issues and adoptive placement no later than forty-five days after the execution of the permanent surrender or the file stamp date of the permanent custody order. If the order is under appeal, the agency shall assign an assessor to work with the child on adoption planning issues and adoption placement within forty-five days of the issuance of the final decision.

(C) The assessor may also serve as the child's caseworker. If the assessor is assigned as the primary caseworker, the assessor shall visit with the child at least monthly. If the assessor is not assigned as the primary caseworker, the assessor shall visit with the child every other month at a minimum. The visit with the assessor may meet the requirements of rules 5101:2-42-65 and 5101:2-48-17 of the Administrative Code. During those visits, the assessor shall review and help the age appropriate child explore the following adoption issues.

(1) Separation and attachment issues.

(2) Feelings concerning adoption and permanency.

(3) Terms and conditions of an open adoption, if applicable.

(D) The PCSA or PCPA shall document the services provided to prepare the child for adoption in the case record.

(E) For the purpose of this rule, "pre-adoptive staffing" is the process of identifying, planning and coordinating services for a child after the execution of the permanent surrender or the file stamp date of the permanent custody order.

(F) The PCSA or PCPA shall conduct a pre-adoptive staffing according to the following:

(1) No earlier than the date of the filing for termination of parental rights (TPR).

(2) No later than forty-five days after the execution of the permanent surrender or of the file stamp date of the permanent custody order.

(3) For a private agency infant adoption, the pre-adoptive staffing may occur prior to the birth of the child.

(G) If the order is under appeal, the agency may hold a pre-adoptive staffing prior to the issuance of the final decision.

(H) The invitation to the pre-adoptive staffing shall be in written form, shall be documented in the case file, and shall be sent to the individual at least fourteen days prior to the staffing. The fourteen day timeframe does not apply to a private agency infant adoption. The individuals shall be notified if any staffing is rescheduled or canceled at least three days prior to the scheduled staffing or as soon as the information is available. The following individuals shall be invited to attend the pre-adoptive staffing.

(1) The child's caseworker.

(2) The child's caseworker's supervisor.

(3) The assessor assigned to work with the child on adoption issues and the adoption placement, if different from the child's caseworker.

(4) The assessor's supervisor, if different from the caseworker's supervisor.

(5) Any professional who has the specific assignment of recruiting families for children who are awaiting adoption, if applicable.

(6) Any assessor who has or is in the process of conducting a homestudy for a kinship family or a foster family who has indicated an interest in the child, if applicable.

(7) The guardian ad-litem (GAL), if one has been assigned to the case.

(8) The court appointed special advocates (CASA) worker, if one has been assigned to the case.

(9) Key professionals working specifically with the child who have knowledge about the child's history and current needs that will be helpful to determine the child's placement needs.

(10) The child's current caregiver, if deemed appropriate by the PCSA or PCPA.

(11) The child, if in the best interests of the child and deemed appropriate by the PCSA or PCPA.

(12) The birth family, if in the best interest of the child and deemed appropriate by the PCSA or PCPA.

(13) The prospective adoptive family, if deemed appropriate by the PCSA or PCPA.

(14) The PCSA or PCPA Multiethnic Placement Act (MEPA) monitor.

(I) During the pre-adoptive staffing, the convened group will identify, coordinate and provide services that consider all of the following:

(1) The child's social, developmental and medical history.

(2) Previous placements, including any residential placements, adoption disruptions or dissolutions.

(3) Specific recruitment efforts to find a permanent home for the child.

(4) Current strengths, limitations or other special considerations, including previous or current relationships with siblings, birth relatives or kin.

(5) Current therapeutic assessments or other needs to be considered in determining the child's adoptive placement.

(6) Transition of the case planning from a focus on foster care to adoption.

(7) Planning for good-bye visits, if applicable.

(8) Assessing the child's understanding and readiness for adoption.

(9) Status of child's lifebook.

(10) Any families who may be interested in adopting the child.

(11) Other preparation for adoption.

(J) The PCSA or PCPA shall document the pre-adoptive staffing on the JFS 01690 "Documentation of the Pre-adoptive Staffing" and maintain the form in the child's adoptive case record. Following the pre-adoptive staffing, the agency may distribute the JFS 01690 to assessors who are responsible for completing or maintaining adoption homestudies.

(K) For purposes of this rule, a "matching conference" is the process of determining the most appropriate family to adopt a child based on the child's individual needs and the ability of the prospective adoptive parent to meet those needs. A matching conference shall be conducted to match a child with a family for the purpose of adoption. The matching conference shall be held prior to the placement of the child for adoption as outlined in this rule.

(L) The JFS 01530 "Large Family Assessment" as outlined in rule 5101:2-48-12 of the Administrative Code shall be discussed, if applicable.

(M) A PCSA or PCPA shall hold the initial matching conference according to the following:

(1) 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.

(2) If the order is under appeal, the agency may hold a matching conference prior to the issuance of the final decision. If the order is under appeal, the agency shall hold the initial matching conference no later than ninety days after the issuance of the final decision.

(3) For a private agency infant adoption, the matching conference may occur prior to the birth of the child.

(N) The invitation to the matching conference shall be in written form, shall be documented in the case file, and shall be sent to the individual at least fourteen days prior to the matching conference. The fourteen day timeframe does not apply to a private agency infant adoption. The individuals shall be notified if any matching conference is rescheduled or canceled at least three days prior to the scheduled matching conference or as soon as the information is available. The following individuals shall be invited to the matching conferences:

(1) For the first matching conference only, the child's previous caseworker if the individual is different than the assessor assigned to work on adoption issues and placement.

(2) For the first matching conference only, the child's previous caseworker's supervisor, if applicable.

(3) The assessor assigned to work with the child on adoption issues and placement.

(4) The assessor's supervisor.

(5) The child's caseworker, if different from the assessor above.

(6) Any professional who has the specific assignment of recruiting families for children who are awaiting adoption if there are no families identified for the child being presented in the matching conference, including any child-focused or child-specific recruiter working on behalf of the child.

(7) The child, if in the best interests of the child and deemed appropriate by the PCSA or PCPA.

(8) Any worker from any agency who is responsible for an approved adoptive family or adoptive applicant being presented at the matching conference. If an adult kin or current foster caregiver has submitted an application less than fourteen days prior to the matching conference and pursuant to paragraph (V)(3) of this rule, then the necessary parties shall be invited to the matching conference upon receipt of the application.

(9) The GAL, if one has been assigned to the case.

(10) The CASA, if one has been assigned to the case.

(11) Any other professional who may have knowledge of the child's history and current needs that will be helpful to determine the child's placement needs.

(12) The PCSA or PCPA MEPA monitor.

(13) The ODJFS MEPA coordinator at matchingconference@jfs.ohio.gov.

(O) At a minimum, the following individuals shall participate in the matching conference and be included in the placement decision-making process:

(1) The adoption caseworker for the child.

(2) The worker for any prospective adoptive families who will be presented at the matching conference. If the worker is unable to participate in the matching conference, another professional with knowledge of the family being presented shall participate in the matching conference.

(3) Any child-focused or child-specific recruiter working on behalf of the child.

(4) A member of the administrative or supervisory staff of the PCSA or PCPA adoption program.

(P) If the child caseworker and family caseworker are the same individual, another adoption program staff member shall participate in the matching conference to assure that at least three individuals participate in the matching decision.

(Q) If the PCSA or PCPA does not have at least three adoption program staff employees to participate in the matching conference, a professional or para-professional who is employed by the PCSA or PCPA shall participate in the matching conference. This person shall have, at a minimum, basic knowledge related to special needs adoption and permanency planning.

(R) If more than one PCSA, PCPA or private non-custodial agency (PNA) is involved in an adoptive matching decision, a representative from each agency shall participate in the matching conference. Participation by teleconference or other electronic means is acceptable. The PCSA, PCPA, or PNA shall provide relevant information that may impact the safety and well being of the child being placed with the prospective adoptive family which shall include at a minimum:

(1) Past or present functioning of the prospective adoptive parent.

(2) Rule violation(s) involving foster and/or pre-adoptive child(ren).

(3) Third party investigations.

(4) Information relating to previous adoption applications.

(5) Previous disruptions from the prospective adoptive family home.

(S) The PCSA or PCPA shall document matching conference information as specified on the JFS 01689 "Documentation of the Placement Decision-Making Process."

(T) The PCSA or PCPA shall document each matching conference for each child on the JFS 01610 "Child's Permanency Planning Data Summary."

(U) The matching decision shall be based on the following, at a minimum:

(1) Consideration of the placement of siblings together.

(2) The JFS 01690.

(3) The child study inventory.

(4) The JFS 01689.

(5) The JFS 01688 "Individualized Child Assessment," if applicable.

(6) The child's preference may be considered if the child has the capacity to express a preference.

(V) Regardless of the geographic location, the following preferential order shall be applied when considering families in the matching process:

(1) For a child federally recognized as a member of a tribe or Alaskan native village, the Indian Child Welfare Act of 1978, Nov. 8, 1978, P.L. 95-608, 25 U.S.C. 1901-1963 (ICWA) shall take precedence in any adoption proceedings.

(2) Whenever possible and in the best interest of the child(ren), sibling groups should not be separated.

(3) Any adult kin, or the child's current foster caregiver, when the following apply:

(a) The adult has expressed an interest in adopting the child and already has an approved adoptive homestudy, or has submitted the required document listed below at least five business days prior to the scheduled matching conference:

(i) The JFS 01691 "Application for Child Placement."

(ii) The JFS 01692 "Application for Adoption of a Foster Child or Sibling Group."

(iii) The adoption application or equivalent document that is required in the state the adult resides in.

(b) Placement with the adult would establish permanency for the child and be in the best interest of the child.

(4) A foster caregiver with whom the child has resided in the past, whose placement would be in the best interest of the child and who is approved for adoption pursuant to Chapter 5101:2-48 of the Administrative Code or the laws of the state where the previous foster caregiver now resides.

(5) Any other approved adoptive parent(s) who is accepting of the child's characteristics, who has expressed an interest in adopting the child, and whose placement would be in the best interest of the child.

(W) Subsequent matching conferences shall be held for the child, except as referenced in paragraph (Y) of this rule, at least once every ninety days.

(X) If there are no families available to be considered at a matching conference for a specific child and the JFS 01654 "Adoptive Placement Agreement" has not been signed, the agency shall conduct child-specific recruitment for the child prior to the next matching conference. Child specific recruitment shall include at least two of the three activities listed:

(1) Distribution of written information regarding the child to two or more adoption agencies, media outlets, or social media sites used to recruit adoptive families for the child.

(2) Review case file information for relatives or individuals in the child's past who may be able and willing to provide a permanent home for the child.

(3) Exploration with the child of individuals with whom the child is familiar who may be able and willing to provide a permanent home for the child.

(Y) Subsequent matching conferences are not required when:

(1) The child has been matched with an adoptive family in a matching conference and there is a complete JFS 01654 that includes the adoptive placement date and signatures of the adoptive parent(s) and applicable agencies.

(2) The child is age eighteen years old or older. However, the agency has the option to continue to hold matching conferences until the child reaches age twenty-one if the child is mentally or physically handicapped and still in the permanent custody of the agency.

(3) The child's custody changes to a status other than permanent custody.

(Z) If the child's adoptive placement disrupts, the PCSA or PCPA shall begin the cycle of ninety day matching conferences again with the first one due ninety days from the date of disruption.

(AA) No later than seven business days after each matching conference, the PCSA or PCPA shall provide written information necessary for the completion of the JFS 01609 "Family Permanency Planning Data Summary" to any Ohio agency that had a family presented at the matching conference. The agency responsible for each prospective adoptive family presented at the matching conference shall document the outcome of the matching conference for the family on the JFS 01609.

(BB) The PCSA or PCPA shall make an adoptive placement only when it has permanent custody of the child, whether custody is obtained by permanent surrender or commitment. A child shall only be placed into an adoptive home which meets the best interests and special needs of the child.

(CC) No PCSA or PCPA shall place a child in an Ohio home for the purpose of adoption unless an adoptive homestudy has been completed and approved by an Ohio PCSA, PCPA or PNA pursuant to Chapter 5101:2-48 of the Administrative Code. The homestudy shall be completed by an agency with authority recognized by ODJFS to complete adoptive homestudies.

(DD) The PCSA or PCPA may place a child in an adoptive home in another state pursuant to rules and regulations governing the interstate placement of children pursuant to Chapter 5101:2-52 of the Administrative Code.

(EE) Prior to the adoptive placement, the PCSA or PCPA shall provide the prospective adoptive parent with the completed and signed JFS 01667 "Adoption Information Disclosure" in accordance with rule 5101:2-48-21 of the Administrative Code.

(FF) The JFS 01654 shall explain the responsibilities and authority of those who sign it. The following shall sign the JFS 01654 on or before the date of the adoptive placement:

(1) PCSA or PCPA director or designee.

(2) Adoptive parent(s).

(3) Any other PCSA, PCPA, PNA or out of state agency providing adoption services, if applicable.

(GG) A copy of the signed JFS 01654 shall be given to the adoptive parent and any other signer of the agreement.

(HH) A PCSA shall not refuse to provide or arrange for services within its county to another PCSA or a public child serving agency in another state on behalf of a special needs child when such services, if not provided, would cause a delay in the adoptive placement of a special needs child. Services shall include, but are not limited to:

(1) Homestudy services.

(2) Prefinalization and postfinalization services.

(3) Services needed to provide the court with information required for adoption finalization.

(II) The PCSA or PCPA shall not make an adoptive placement if the permanent custody of a child is under appeal through a court of appropriate jurisdiction or awaiting journalization of a court order.

(JJ) If an applicant knowingly makes a false statement in the application or homestudy process, the custodial agency shall not present that family at the matching conference if the outcome of the agency review results in a reassessment of the homestudy pursuant to rule 5101:2-33-13 of the Administrative Code.

(KK) All placement activities shall be in compliance with rules 5101:2-42-18.1 and 5101:2-48-13 of the Administrative Code and 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, Aug. 20, 1996, P.L. 104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI), as it applies to the foster care and adoption process.

(LL) If a PCSA intends to place a child for adoption with an adoptive parent who resides in another county, it shall notify the PCSA in the county in which the parent resides of the impending placement. The notification shall be sent at least ten days prior to placement of a child. In the case of an infant placement, the notification may be prior to the birth of the child. This requirement does not apply to:

(1) An adoption by a step-parent whose spouse is a biological or adoptive parent of the minor to be adopted.

(2) An adoption where the PCSA in the county in which the adoptive parent resides is in a contract with the other agency to complete the adoptive homestudy.

(MM) If a PCPA or attorney arranging an adoption intends to place a child for adoption with an adoptive family, it shall notify the PCSA in the county in which the adoptive parent resides. The notification shall be sent at least ten days prior to placement of a child. In the case of an infant placement, the notification may be prior to the birth of the child. This requirement does not apply to:

(1) An adoption by a step-parent whose spouse is a biological or adoptive parent of the minor to be adopted.

(2) An adoption where the PCSA in the county in which the adoptive parent resides has contracted with the other agency to complete the adoptive homestudy.

(NN) If a child from outside Ohio is placed with an Ohio adoptive family, the Ohio private agency approving the adoptive family homestudy shall notify, in writing, the PCSA in the county where the adoptive parent resides of the impending placement no later than ten days prior to the placement. In the case of an infant placement, the notification may be made prior to the birth of the child.

(OO) The written notification required in paragraphs (LL), (MM) and (NN) of this rule shall include the following information:

(1) The prospective adoptive child's age.

(2) A description of the prospective adoptive child's special needs.

(3) The name(s) and address of the prospective adoptive parents.

(4) The number of children that will reside in the prospective adoptive home once the prospective adoptive child is placed in the home.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: October 15, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-19 Sharing or transferring an adoptive homestudy.

(A) The following definitions apply for the purposes of this rule:

(1) "Sharing an adoptive homestudy" means forwarding an approved adoptive homestudy to a public children services agency (PCSA), private child placing agency (PCPA), or comparable agency in another state for consideration of potential adoption matches, or receiving an approved adoptive homestudy from a PCSA, PCPA, private non-custodial agency (PNA) or comparable agency in another state for the same purpose.

(2) "Transferring an adoptive homestudy" means releasing a copy of the approved homestudy and all related materials to another agency. Upon acceptance of the receiving agency and the execution of the JFS 01334 "Recommendation for Transfer of a Foster or Adoptive Home" the sending agency is relieved of all responsibilities related to the approved adoptive family.

(B) An agency shall not solicit homestudies or transfers from other agencies for the purpose of locating a family of a specific race, color or national origin.

(C) An agency shall only consider approved homestudies forwarded by another agency. A copy of the adoption homestudy shall not be accepted directly from the approved adoptive parent or other individual. An adoptive parent may provide other information to the receiving agency that the parent considers to be relevant. The agency shall not require any additional documentation for the homestudy beyond the requirements of Chapter 5101:2-48 of the Administrative Code.

(D) If the approved adoptive family has signed a release of information the agency shall make the homestudy available to any other agency requesting a copy of the homestudy for sharing or transferring.

(1) An agency shall not release or accept a homestudy for sharing or transferring purposes if it has been determined that the homestudy or a supporting document contains a false statement knowingly made by the adoptive parent. The agency shall follow the procedures outlined in rule 5101:2-33-13 of the Administrative Code when the determination has been made that a document was falsified.

(2) The agency may charge a reasonable fee for the release of the homestudy and related materials. A public agency may not charge another public agency a fee for the release of the homestudy and related materials.

(E) The agency shall forward a copy of the homestudy and all related materials within fifteen working days of the receipt of the signed release of information and any applicable fee pursuant to paragraph (D) of this rule. If the request is to transfer the homestudy, then the most recent report of the alleged perpetrator search of child abuse and neglect information from the statewide automated child welfare information system (SACWIS) shall also be forwarded to the receiving agency with the homestudy and related materials.

(F) If the agency in receipt of the homestudy determines that the homestudy or a supporting document contains a knowingly false statement, the agency in receipt of the homestudy shall not consider the homestudy in any matching conference or for consideration of a transfer and shall notify the sending agency in writing of the false statement within three days of the determination of the false statement.

(G) If an incomplete homestudy is received from an agency, or supporting documentation is missing from the record, the receiving agency shall notify the sending agency in writing within ten days from the date of receipt of the incomplete homestudy.

(1) The written notification shall indicate the information needed in order for the homestudy to be considered complete as required by Chapter 5101:2-48 of the Administrative Code.

(2) The sending agency shall respond within fifteen days from the date of receipt of the written notification from the receiving agency.

(H) Upon receipt of the record, the receiving agency shall assign an assessor to review the information received and conduct an assessment of the transfer request.

(1) In addition to reviewing the recommending agency's records and any information provided by the adoptive parent(s), the assessor shall:

(a) Contact staff from the current recommending agency and the adoptive parent(s) to determine the reasons why the request to transfer is being made at this time.

(b) Make at least one visit to the home and conduct a face-to-face meeting with each adoptive parent and all other household members.

(c) Receive three new personal references for the adoptive parent(s) from persons who do not live with the family. A minimum of one of the required references is to be from a relative and at least two references from non-relatives.

(d) Receive new references from all adult children of the adoptive parent(s). If the adult children are unable or unwilling to provide a reference this shall be assessed during the transfer process and documented in the provider record.

(e) Conduct a new criminal records check for all persons subject to a criminal records check residing in the home. Results shall be obtained, reviewed and approved prior to accepting the transfer request.

(f) The agency is to complete a new search of the national sex offender registry at http://www.nsopw.gov (2019) for an approved applicant and each adult who resides with the adoptive applicant. The adoption homestudy transfer may be denied solely on the results of the search.

(g) Complete a new safety audit of the adoptive home on the JFS 01348 "Safety Audit" to ensure the home meets all current safety requirements.

(2) If a transfer request is pending within ninety days immediately prior to the expiration date of the two year approval span, the current agency and the receiving agency may determine through mutual agreement which agency will conduct the update of the adoption homestudy.

(3) The assessor shall complete the transfer assessment within sixty days of the date the complete record was received from the current agency. If the transfer cannot be completed in this timeframe, the assessor shall document the reason(s) in the record.

(I) Upon completion of the assessment, the assessor shall make a final decision regarding the transfer and document that decision in the receiving agency's record. Written notice of the decision shall be given to the adoptive parent and the recommending agency within five working days of the date the decision was made. The approval or rejection of a transfer request rests solely with the receiving agency. Nothing in this rule shall be construed to require an agency to accept the transfer of an adoption homestudy from another agency.

(J) If the decision is to deny the transfer request, all information contained in the copy of the record from the current recommending agency as well as any information gathered during the transfer assessment, including the written notice to deny the request, shall be maintained by the agency for at least two years.

(K) If the decision is to approve the transfer request, the JFS 01334 shall be completed and signed by both the sending and receiving agencies, and all information gathered during the assessment process shall be incorporated into the receiving agency's adoptive provider record. The sending agency will enter the applicable data into SACWIS to complete the transfer to the receiving agency.

(L) Homestudies received from other agencies shall be regularly considered for potential adoption matches pursuant to rule 5101:2-48-16 of the Administrative Code, and shall be maintained according to the agency's policy.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: March 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-21 Child study inventory.

(A) A child study inventory (CSI) shall be developed and completed within thirty days after the public children services agency (PCSA) or private child placing agency (PCPA) receives permanent custody of a child.

(1) If sufficient information is not available to complete any element of the CSI, the caseworker is to document in the child's case record efforts that were made to secure such information.

(2) The CSI is not to contain any identifying information regarding the child's birth family.

(B) The CSI shall be reviewed and updated at the time of each semiannual administrative review, adoptive placement and removal from the adoptive placement.

(C) The CSI shall include, at a minimum, the following information, as applicable to the age and circumstances of the child:

(1) A summation of the history of the child's biological family, which shall include, but is not limited to the biological parents':

(a) Age.

(b) Marital status.

(c) Educational and occupational background.

(d) Ethnic and racial background, religion, and other cultural characteristics.

(e) Talents and hobbies.

(f) Mental and physical disabilities.

(g) Medical conditions such as genetic/inherited diseases, illnesses, etc.

(h) Social and medical information on the adoptive child's sibling(s).

(i) Social and medical information on the adoptive child's ancestors.

(2) The child's substitute care placement history, including reasons for the original placement and reasons for subsequent placement moves.

(3) A listing of the child's identified and anticipated special needs, and documentation verifying those special needs.

(4) A summation of the history and background information known about the child which shall include, but is not limited to:

(a) Positive attributes, characteristics or strengths of the child such as talents, interests or educational achievements.

(b) Physical, intellectual and social development of the child.

(c) Immediate health needs and current medications of the child.

(d) Attachment and bonding of the child to caregivers and siblings.

(e) The information to be shared with the prospective adoptive parents pursuant to rule 5101:2-48-15 of the Administrative Code.

(5) Written information describing the types of behavior that the prospective adoptive parent(s) may anticipate from a child who has experienced trauma, suggested interventions, and the services available to the family after finalization.

(D) Copies of the CSI are to be provided prior to the adoptive placement to the following:

(1) The PCSA, PCPA, or private noncustodial agency (PNA) assisting in the adoptive placement of the child.

(2) The adoptive parents no later than the date of the adoptive placement. Pursuant to rule 5101:2-48-16 of the Administrative Code, the CSI may be shared with prospective adoptive parents prior to the matching conference.

(E) If a newborn child is placed from a hospital into an adoptive home, the PCSA or PCPA is to provide copies of the CSI to the entities in paragraph (D) of this rule no later than thirty days after the adoptive placement.

(F) The adoptive child's case record and the adoptive family's case record are to both contain copies of the CSI and the completed JFS 01667 "Adoption Information Disclosure" documenting that all information to be shared with the adoptive family was received by the adoptive family.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: May 1, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-48-24 Agency adoption review procedures.

(A) Each public children services agency (PCSA), private child placing agency (PCPA) and private noncustodial agency (PNA) shall develop and implement written procedures to review complaints from adoptive applicants, prospective adoptive families and adoptive families.

(B) If requested, the agency review shall occur within thirty days of receipt of a request and shall include a face-to-face meeting with the following individuals:

(1) The adoptive applicant, prospective adoptive family or adoptive family requesting an agency review.

(2) The adoptive family's caseworker.

(3) The adoptive child's caseworker, if applicable.

(4) The agency administrator or designee.

(5) Any other individual with information regarding the complaint, as deemed appropriate by the agency administrator or designee.

(C) A written decision, including the reason for the decision, shall be rendered by the administrator of the PCSA, PCPA or PNA or his designee. The decision shall be based upon the evidence presented at the review. A copy of the decision shall be provided to all parties to the agency review within fifteen days of the review.

(D) All documentation related to notification regarding rights to an agency review and written decisions of the agency review required by this rule shall be maintained in the child and family case record.

(E) For complaints involving alleged discriminatory acts, policies, or practices pertaining to the foster care and adoption process that involve race, color or national origin, the procedures contained in rule 5101:2-33-03 of the Administrative Code supercede the requirements of this rule.

(F) Each agency shall follow procedures as outlined in rule 5101:2-33-13 of the Administrative Code when an agency determines there may knowingly be falsification on an adoptive application or homestudy, or any document submitted during the homestudy process.

Last updated February 9, 2026 at 4:12 PM

History

• Effective: October 15, 2022
• Promulgated Under: 119.03

Chapter 5180:2-49 IV-E Adoption Assistance

Ohio Adm.Code 5180:2-49-01 Administration of the Title IV-E adoption assistance (AA) program.

(A) The public children services agency (PCSA) is to be responsible for the administration of the AA program. Administrative expenditures can be claimed for reimbursement only if AA is a direct responsibility of the PCSA. The PCSA is to be responsible for:

(1) Ensuring the proper administration of funds, allocated or reimbursed.

(2) Determining initial and continuing eligibility for AA program services.

(3) Maintaining a separate AA case record for each program eligible child for whom a PCSA has entered into an AA agreement.

(4) Service planning and increasing the opportunities for adoption of children with special needs who are free for adoption by:

(a) Encouraging and increasing the opportunities for adoption of children with special needs who are free for adoption.

(b) Ensuring that all possibilities for an adoptive home without the assistance of AA are explored.

(c) AA case management.

(d) Pre-finalization and the provision or referral for post-finalization adoption services.

(B) Prior to finalization of the adoption, the PCSA is to provide and assist the adoptive parent(s) of a child placed by that PCSA and eligible for AA with a JFS 01451 "Title IV-E Adoption Assistance Application" and the JFS 04059 "Explanation of State Hearing Procedures."

(1) Although the adoptive parent(s) may have declined an adoption subsidy during the completion of a JFS 01667 "Adoption Information Disclosure," the Title IV-E agency is to assist the adoptive parent(s) with the completion of the JFS 01451.

(2) A completed and signed application is to be on file in the child's AA case record in accordance with rule 5101:2-49-17 of the Administrative Code.

(C) The adoptive parent(s) may apply for AA only after both of the following have occurred.

(1) The homestudy has been approved in accordance with rules 5101:2-48-11, 5101:2-48-11.1, 5101:2-48-12, and 5101:2-48-12.1 of the Administrative Code.

(2) A child has been matched with an adoptive parent(s) in accordance with rule 5101:2-48-16 of the Administrative Code by an agency with such authority. If the child is placed for adoption in Ohio from another state, the Ohio agency is to use the other state's documentation to meet the matching requirements.

(D) A stepparent may apply for AA only if a biological parent(s) is not present in the home due to death or divorce or has failed to visit or maintain contact with the child for more than ninety days pursuant to section 2151.011 of the Revised Code.

(E) Prior to the finalization of adoption, the adoptive parent(s) is to submit the AA application to one of the following, as appropriate:

(1) The PCSA holding permanent custody of the child.

(2) The PCSA located in the county in which the adoptive parent(s) resides when one of the following applies:

(a) The child meets the eligibility requirements for Title XVI supplemental security income (SSI) benefits and the child is not in the custody of a PCSA.

(b) The child is placed by a private child placing agency (PCPA) having permanent custody of the child.

(c) The child is placed for adoption in Ohio from another state and that state's PCSA does not have responsibility for placement and care/custody of the child.

(3) For a child who is placed for adoption from Ohio into another state and the child is not in the permanent custody of an Ohio PCSA, the adoptive parent(s) is to apply at the Title IV-E agency in the state the adoptive parent(s) resides. The Title IV-E agency in the adoptive parent's state of residence is to be responsible for determining the child's eligibility for AA, and if the child is eligible, entering into the AA agreement, and issuing the AA payment.

(F) If an Ohio PCPA holds permanent custody of a child as a result of a JFS 01666 "Permanent Surrender of Child," the following requirements are to be met:

(1) Prior to finalization of the adoption, the PCPA is to ensure that the adoptive parent(s) receives information about AA and an AA application, including when the adoptive parent(s) declines AA.

(2) At the time of application by the adoptive parent(s), the PCPA is to provide the PCSA with the following:

(a) A copy of the JFS 01616 "Social and Medical History" completed on the child for whom the subsidy is being requested.

(b) A copy of one of the following homestudies:

(i) JFS 01673 "Assessment for Child Placement (homestudy)."

(ii) A copy of the JFS 01692 "Application for Adoption of a Foster Child or Sibling Group."

(iii) The out of state approved homestudy forms for an adoptive parent(s) residing out of state.

(c) A copy of the JFS 01666 "Permanent Surrender of Child."

(G) The PCSA is to complete the AA eligibility determination in Ohio comprehensive child welfare information system (Ohio CCWIS) and approve or deny the application within thirty days after a completed application and all needed documentation is provided to the PCSA.

(H) The PCSA may obtain written verification and information to assist in determining AA eligibility from a variety of sources including:

(1) The social security administration.

(2) The agency that has held permanent custody of the child and placed the child for adoption.

(3) The court records.

(4) The adoptive parent(s).

(I) The PCSA is to request verification from the adoptive parent(s) and have the adoptive parent(s) complete the ODM 06612 "Health Insurance Information Sheet" at any time the adoptive parent(s) acquires health care insurance coverage for the child.

(J) In accordance with federal requirements, the PCSA is not to add any language to the AA agreement that makes the agreement subject to the availability of funds.

Last updated February 9, 2026 at 5:37 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-02 Title IV-E adoption assistance (AA) eligibility criteria.

(A) The public children services agency (PCSA) is to determine a child is eligible for AA if, prior to the finalization of the adoption, the PCSA finds all of the following:

(1) The adoptive parent(s) has an approved homestudy in accordance with rules in Chapter 5101:2-48 of the Administrative Code. If the adoptive parent(s) resides in another state, then the adoptive homestudy is to be valid in the adoptive state of residence.

(2) The child has been matched with an adoptive parent(s) in accordance with rule 5101:2-48-16 of the Administrative Code. If the child is placed for adoption in Ohio from another state, the Ohio agency is to use the other state's documentation to meet the matching requirements except as specified in paragraph (C) of this rule.

(3) The child meets the requirements of a child with special needs as described in rule 5101:2-49-03 of the Administrative Code.

(4) The child meets the age requirement as described in rule 5101:2-49-04 of the Administrative Code.

(5) The child is a citizen or legal resident of the United States and will be adopted in the United States.

(6) The agency placing the child made a reasonable but unsuccessful effort to place the child with an appropriate adoptive parent(s) without adoption assistance, as supported by facts specified in the child's case record as described in paragraph (A)(3) of rule 5101:2-49-03 of the Administrative Code.

(B) The child is to also meet one of the four adoption assistance eligibility requirements:

(1) The child, at the time of the initiation of adoption proceedings, was in the care of a PCSA, PCPA or tribe pursuant to:

(a) A judicial determination to the effect that it was contrary to the child's welfare to remain in the home; or

(b) A JFS 01645 "Agreement for Temporary Custody of Child" or JFS 01666 "Permanent Surrender of Child." For any child that enters care through a JFS 01645 or JFS 01666 there does not have to be a foster care maintenance (FCM) payment made under the voluntary agreement.

(2) The child meets all medical and disability requirements for supplemental security income (SSI). For the purposes of determining whether an applicable child is eligible for AA through the SSI criteria, the Title IV-E agency may make the determination that the child meets the medical or disability requirements for SSI benefits.

(3) The child is a child of a minor parent. The child was residing with the minor parent and the minor parent was removed from a specified relative with one of the following:

(a) A judicial determination that it was contrary to the welfare for the minor parent to remain with the specified relative; or

(b) A JFS 01645 or JFS 01666. No FCM payment is needed to cover both the minor parent and the child of the minor parent.

(4) The child was in receipt of AA in a prior finalized adoption, currently meets the definition of special needs as set forth in rule 5101:2-49-03 of the Administrative Code, and finalizes the new AA agreement by the end of the month of the child's eighteenth birthday pursuant to rule 5101:2-49-04 of the Administrative Code.

(C) A child in an independent adoption is eligible for AA, only if the child meets the requirements of a child with special needs as described in rule 5101:2-49-03 of the Administrative Code, and the child is eligible for SSI, or is a child in a subsequent adoption if the child received AA in a prior finalized adoption.

(D) For all children that are deemed eligible for AA, the Title IV-E agency is responsible for ensuring that background checks be conducted prior to adoption finalization and/or the issuance of a monthly AA payment. The background checks are to reveal that the prospective adoptive parent(s) has not been convicted of any of the prohibited offenses in accordance with rules 5101:2-48-10 and 5101:2-48-11 of the Administrative Code.

(E) The PCSA is to use the Ohio statewide automated child welfare information system (SACWIS) to determine adoption assistance eligibility.

(F) A child from an international adoption, that is not currently in the custody of a PCSA or PCPA or tribe, is not eligible for AA.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-03 Special needs criteria for Title IV-E adoption assistance (AA).

(A) Prior to the finalization of adoption, the public children services agency (PCSA) is to determine that all of the following special needs criteria have been met and documented in the Ohio comprehensive child welfare information system (Ohio CCWIS) under the child's characteristics and in the child's adoption assistance (AA) case record in order for the child to be considered a child with special needs.

(1) The child cannot or should not be returned to their parent(s) and is legally available for adoption by being in the permanent custody of a PCSA, private child placing agency (PCPA) or a child that meets the special needs criteria who is the subject of an independent adoption pursuant to rule 5101:2-49-02 of the Administrative Code.

(2) The PCSA has determined that the child has one or more of the following special need factors or conditions making it difficult to place the child with an adoptive parent(s) without the provision of AA or medical assistance:

(a) The child is part of a sibling group being adopted together or is placed in the same adoptive placement of a sibling previously adopted.

(b) The child is a member of a minority, racial or ethnic group, religion or cultural heritage making it difficult to place the child for adoption. However, if the child is between the age of newborn and twelve months the child is to be also diagnosed to have one of the conditions outlined in paragraph (A)(2)(g) or (A)(2)(h) of this rule. The child's demographic information is to be documented in the Ohio CCWIS under the child's person profile section.

(c) The child is six years old or older.

(d) The child has remained in the permanent custody of a PCSA or PCPA for more than one year before an adoptive placement.

(e) The child has been in the home of the prospective adoptive parent(s) for at least six consecutive months directly preceding the adoptive placement and the child would experience severe separation and loss if placed in another setting due to significant ties with the prospective adoptive parent(s). The emotional ties are to be assessed and documented by a culturally competent qualified professional as defined in rule 5101:2-1-01 of the Administrative Code.

(f) The child has experienced a previous adoption disruption or three or more substitute care placements while in the custody of a PCSA or PCPA.

(g) The child has been diagnosed by a culturally competent "qualified professional," in the professional's scope of practice who is not responsible for providing casework services to the child.

(i) For the purpose of this rule, a "qualified professional" is an individual that is, but not limited to the following: an audiologist, orthopedist, physician, certified nurse practitioner, physician assistant, psychiatrist, psychologist, school psychologist, licensed marriage and family therapist, speech and language pathologist, a licensed independent social worker, licensed professional clinical counselor, a licensed social worker who is under the direct supervision of a licensed independent social worker or a licensed professional counselor who is under the direct supervision of a licensed professional clinical counselor.

(ii) The qualified professional is to provide a clear written statement of the services provided with regards to the child's diagnosis within the last twelve months. This statement is to include an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs and diagnosed with one of the following:

(a) A developmental disability, as defined in 28 C.F.R. 35.108 August 11, 2016, and section 5123.01 of the Revised Code.

(b) An individual who has a physical or mental impairment that substantially limits one or more of the major life activities.

(c) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine.

(d) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.

(e) Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, attention deficit hyperactivity disorder, human immunodeficiency virus.

(i) For example, applying these principles it should easily be concluded that the types of impairments set forth in paragraphs (A)(2)(g)(ii)(e)(i)(A) to (A)(2)(g)(ii)(e)(i)(K) of this rule will, at a minimum, substantially limit the major life activities indicated. The types of impairments described in this paragraph may substantially limit additional major life activities (including major bodily functions) not explicitly listed in paragraphs (A)(2)(g)(ii)(e)(i)(A) to (A)(2)(g)(ii)(e)(i)(K).

(A) Deafness substantially limits hearing;

(B) Blindness substantially limits seeing;

(C) Intellectual disability substantially limits brain function;

(D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limits musculoskeletal function;

(E) Autism substantially limits brain function;

(F) Cancer substantially limits normal cell growth;

(G) Cerebral palsy substantially limits brain function;

(H) Diabetes substantially limits endocrine function;

(I) Epilepsy, muscular dystrophy, and multiple sclerosis each substantially limits neurological function;

(J) Human immunodeficiency virus (HIV) infection substantially limits immune function; and

(K) Major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia each substantially limits brain function.

(f) A medical condition causing distress, pain, dysfunction, social problems as diagnosed by a qualified professional that results in ongoing medical treatment.

(h) The child or the child's biological family has a social or medical history establishing a substantial risk for developing one of the conditions as described in paragraph (A)(2)(g) of this rule. The substantial risk makes it difficult to place the child for adoption without the provision of AA. A qualified professional is to determine the substantial risk, as defined in paragraph (B) of this rule. A child is not at substantial risk if the child's biological parent(s) social and medical history cannot be determined.

(3) Reasonable, but unsuccessful, efforts to place the child without AA are to be met by one of the following:

(a) Except as described in paragraph (A)(3)(b) of this rule, the PCSA is to document that in each case a reasonable, but unsuccessful, effort was made to place the child with appropriate adoptive parent(s) without AA.

(b) The placement with a particular adoptive parent(s) was in the best interest of the child because of such factors as:

(i) The existence of emotional ties with the prospective adoptive parent(s) while the child was in the care of the foster parent(s) as a foster child.

(ii) The prospective adoptive parent(s) is a relative.

(iii) The child is being adopted by an adoptive parent(s) of the child's sibling(s).

(iv) There are other circumstances that relate to the child's best interest.

(B) If all other eligibility criteria are met, and the only special needs factor is the child has been determined to be at substantial risk, with no manifestation of a special needs factor or condition, a JFS 01453 "Title IV-E Adoption Assistance Agreement" with no payment is to be entered into in accordance with rule 5101:2-49-07 of the Administrative Code. The PCSA is to document the following in the child's AA case record:

(1) The substantial risk as diagnosed by a qualified professional at the time of the special needs determination. A "substantial risk" means a strong probability that a certain result may occur or that certain circumstances may exist.

(2) A qualified professional in the field of their expertise has provided the PCSA with a current written statement of the child's substantial risks of developmental disability, developmental delay, mental illness, or medical condition causing distress, pain, dysfunction, or social problems, supported by an assessment or evaluation. This statement is to include an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs as described in paragraph (A)(2)(g) of this rule.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-04 Criteria for Title IV-E adoption assistance (AA) past age eighteen.

(A) AA is available for an eligible child whose adoptive parent(s) enter into an initial AA agreement prior to the child's eighteenth birthday through the end of the month of the child's eighteenth birthday.

(B) AA is available for a child with a physical/mental disability or medical condition pursuant to rule 5101:2-49-03 of the Administrative Code who is between the age of eighteen and twenty-one with an existing AA agreement, entered into prior to the age of eighteen, if the child meets one of the criteria identified in paragraphs (B)(1) to (B)(5) of this rule and the adoptive parent(s) is supporting the child as identified in paragraph (F) of rule 5101:2-49-10 of the Administrative Code. The ongoing medical treatment of the physical/mental disability or medical condition is to be verified annually for continued eligibility by a culturally competent qualified professional, as defined in rule 5101:2-1-01 of the Administrative Code, in the professional's scope of practice. The child is considered to have a physical/mental disability or medical condition if any of the following applies:

(1) A designated social security administration claims representative has determined that the child meets the disability criteria and is therefore eligible for one of the following:

(a) Title XVI supplemental security income (SSI) benefits.

(b) Social security disability benefits.

(c) Social security benefits due to the death or disability of the biological or adoptive parent(s).

(2) The child has been diagnosed by a culturally competent, "qualified professional" in the professional's area of expertise who is not responsible for providing casework services to the child to have a physical/mental disability or medical condition.

(a) For the purpose of this rule, a "qualified professional" is an individual who is the following: an audiologist, orthopedist, physician, certified nurse practitioner, physician assistant, psychiatrist, psychologist, school psychologist, licensed marriage and family therapist, speech and language pathologist, a licensed independent social worker, licensed professional clinical counselor, a licensed social worker who is under the direct supervision of a licensed independent social worker or a licensed professional counselor who is under the direct supervision of a licensed professional clinical counselor.

(i) The qualified professional is to provide a clear written statement that the child is substantially limited in one or more major life activities, including self-care and the overall capacity for self-sufficiency/meeting the ordinary demands of life. This statement is to include an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs. The child's documented disability is the direct result of one of the following:

(a) A developmental disability, as defined in 28 C.F.R. 35.108 [August 11, 2016] and section 5123.01 of the Revised Code.

(b) A medical condition causing permanent distress, pain, dysfunction or social problems diagnosed by a qualified professional that results in ongoing medical treatment. The medical condition is to be diagnosed prior to adoption or can be attributable to factors or conditions in the child's or birth family's history that existed prior to adoption.

(c) Mental illness, as defined in section 5122.01 of the Revised Code.

(3) The child is participating in one of the following rehabilitation programs or a program equivalent in the state where the child resides:

(a) Vocational rehabilitation as evidenced by the implementation of an individual plan of employment (IPE) administered by the bureau of vocational rehabilitation through opportunities for Ohioans with disabilities.

(b) Services for the visually impaired as administered by the bureau of services for the visually impaired through the opportunities for Ohioans with disabilities.

(4) The child is in the process of obtaining a secondary education and meets the eligibility criteria for a child with a disability receiving special education and related services from the Ohio department of education (ODE), local education agency or school district or a program equivalent in the state where the child resides. The adoptive parent(s) is responsible for providing official documentation from the school that the child is attending and participating in special education services.

(5) The child is eligible for services administered through the department of developmental disabilities (DODD), as evidenced by the implementation of an individual service plan (ISP).

(C) A clear written statement documenting the child's physical/mental disability or medical condition is to be accompanied by an assessment, evaluation, or update within the last twelve months from the qualified professional including an opinion as to the prognosis and recommendations for future treatment needs.

(D) If the adoptive parent(s) requests to continue the AA payment beyond age eighteen due to any of the criteria identified in paragraph (B) of this rule, the PCSA is to do one of the following:

(1) Amend the AA agreement to begin the AA monthly payment based on the date of eligibility for any of the programs identified in paragraph (B) of this rule.

(2) Through mutual agreement between the PCSA and adoptive parent(s) to amend the JFS 01453 "Title IV-E Adoption Assistance Agreement" to an AA agreement with no payment pending the approval of any program outlined in paragraph (B) of this rule, notify the adoptive parent(s) and provide the adoptive parent(s) with notification of state hearing rights.

(3) Notify the adoptive parent(s) of the intent to terminate the AA agreement, at age eighteen, if eligibility is denied based on any of the criteria identified in paragraph (B) of this rule.

(a) If the adoptive parent(s) requested a state hearing within fifteen days of the date the termination notice was issued then the PCSA continues the AA until the hearing decision has been rendered.

(b) If the adoptive parent(s) has not requested a state hearing within fifteen days of the date the termination notice was issued, the PCSA:

(i) Terminates the AA agreement.

(ii) Completes the ODM 01958 "Referral for Medicaid Continuing Eligibility Review" and submit it to the county department of job and family services (CDJFS) located in the county where the adoptive parent(s) resides, in compliance with the medical pre-termination review.

(iii) Terminates the Title XIX medical coverage.

(E) It is the responsibility of the adoptive parent(s) to provide the PCSA with documentation that application has been made for any services the child needs in paragraph (B) of this rule.

(F) The PCSA advises the adoptive parent(s) of all necessary documentation that is to be submitted to continue an AA agreement.

(G) For cases in which the year and month the child was born can be established, but not the exact day, the first of the month is used as the child's birth date.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-05 Initial determination of the Title IV-E adoption assistance (AA) monthly payment amount.

(A) The monthly amount of the AA payment is determined by negotiation and mutual agreement between the adoptive parent(s) and the public children services agency (PCSA).

(B) The PCSA is not to consider the religion, sex, age, disability, race, color, or national origin of an adoptive parent(s) who has indicated an interest in adopting, when negotiating the AA agreement.

(C) The PCSA is to consider viability of other relevant resources from local, state, and federal program services that are available and pertinent to the child's special needs and prospective adoptive parent(s) needs when determining the payment amount. Ohio adoption grant program (OAGP) funds received in accordance with rule 5101:2-44-15 of the Administrative Code are not to be considered when negotiating the AA agreement.

(D) No income eligibility test is to be used when determining the monthly AA payment. The monthly AA payment amount should combine with the adoptive parent(s) resources and circumstances as identified by the adoptive homestudy and is to provide for the special and foreseeable future needs of the child. When changes occur to the special needs and circumstances of the child and family, those needs are to be addressed or reviewed pursuant to rule 5101:2-49-12 of the Administrative Code. Any social security benefits that will continue to be available to the child after finalization are to be considered along with the adoptive parent(s) resources in the negotiation and determination of the AA payment amount. The special needs of the child are to be based upon rule 5101:2-49-03 of the Administrative Code.

(E) The maximum amount of the monthly AA payment is not to exceed the current cost of the monthly foster care maintenance (FCM) payment that was paid or would have been paid by the PCSA if the child had been placed in a foster home.

(F) If the child's AA amount is more than the monthly adoption assistance statewide maximum (MAASM), the agency is to document the justification as to why the amount is over the MAASM in Ohio comprehensive child welfare information system (Ohio CCWIS). The PCSA is to complete a waiver request in Ohio CCWIS.

(G) Any amount paid for an AA subsidy that exceeds the FCM amount the child would receive if he/she were currently in a foster home is to be paid by the county. This amount is to be included in a separate agreement outside of the AA agreement.

(H) Federal financial participation (FFP) for any AA agreement with a monthly AA payment amount in excess of the statewide maximum, prior to July 1, 2014, is to remain in effect and is to continue to receive FFP up to the current FCM payment for a child in the same level of care.

(I) If the child receives SSI benefits, the child may receive AA and SSI concurrently as outlined in the DCY 01451 "Title IV-E Adoption Assistance Application." If there is concurrent receipt of payments from both programs, the social security administration will decrease the monthly SSI benefit by the monthly AA payment amount.

(J) If the PCSA and the adoptive parent(s) cannot mutually agree on the monthly AA payment amount after thirty days from the initial negotiation meeting, the adoptive parent(s) or the PCSA may request with the agreement of the other party a state mediation conference using the DCY 01470 "Title IV-E Adoption Assistance State Mediation Conference Request" to develop a mutually acceptable level of monthly AA payment amount. The DCY 01470 is to be sent to the agency state hearings department.

(1) The state mediation conference is to be held within sixty days from the receipt of the request.

(2) If the state mediation conference is successful and results in a mutually acceptable monthly AA payment amount, it is considered a final decision between both parties.

(3) If the PCSA and the adoptive parent(s) cannot mutually agree on a monthly AA payment amount at the state mediation conference, the adoptive parent(s) may request a state hearing in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(K) If the PCSA and the adoptive parent(s) do not agree to a mediation conference after sixty-days from the initial negotiation meeting, the PCSA is to notify the adoptive parent(s) of their rights to a state hearing in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(L) The PCSA is to document the following in Ohio CCWIS:

(1) Initial agreed upon monthly AA payment amount.

(2) If applicable, the outcome of the state mediation conference, state hearing and administrative appeal.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: December 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-06 Title IV-E adoption assistance (AA) agreement and duration: provision for financial support and services.

(A) The adoptive parent(s) and the public children services agency (PCSA) is to review and sign the JFS 01453 "Title IV-E Adoption Assistance Agreement" prior to the adoption finalization. The PCSA responsible for determining eligibility for AA is also responsible for entering into the JFS 01453.

(B) The agreement is to list the payments to be provided and the terms under which such benefits will continue to be available. The AA agreement is binding, but the payments may be amended at any time in response to a request made either by the adoptive parent(s) or the PCSA if the adoptive parent(s) and the PCSA agree to the change.

(C) Beginning July 1, 2019, the AA agreement is to be effective on the date specified on the JFS 01453. The agreement is to be signed, dated and in effect prior to the final order of adoption when it is signed by both the adoptive parent(s) and the PCSA. The AA payments and services is to not begin prior to the effective date. AA agreements in effect, prior to July 1, 2019, are considered effective on the date signed by the adoptive parent(s) and the PCSA.

(D) The AA agreement is to remain in effect regardless of the state where the adoptive parent(s) resides unless the agreement is terminated pursuant to rule 5101:2-49-13 of the Administrative Code.

(E) The terms of the AA agreement may be amended at any time if both parties agree to the change in accordance with rule 5101:2-49-12 of the Administrative Code.

(F) The PCSA is not to have a general policy limiting AA prior to the child's eighteenth birthday.

(G) The PCSA is to give a copy of the signed agreement and all amendments to the adoptive parent(s) and keep in the AA case record.

(H) The PCSA that entered into the AA agreement is to secure Title XIX medicaid and Title XX social services block grant services if the services are not available in the state or county where the child resides in accordance with rule 5101:2-49-23 of the Administrative Code.

(I) Nothing is to prevent the adoptive family from seeking Title XX services available in the county of residence even if they are not already specified in the AA agreement. The adoptive parent(s) may:

(1) Apply for the Title XX services in the county where they reside.

(2) Seek to amend the child's AA agreement.

(J) The adoptive parent(s) has the right to a state hearing under any of the following circumstances:

(1) The PCSA denies eligibility for AA.

(2) The PCSA denies the amount of payment requested by the adoptive parent(s) in the child's initial JFS 01453.

(3) The PCSA and the adoptive parent(s) are unable to come to a mutual agreement following a state mediation conference.

(4) The PCSA proposes to reduce, suspend, or terminate the amount of AA payment specified on the current AA agreement.

(5) The PCSA denies a request by the adoptive parent(s) to amend the terms of the current AA agreement.

(K) The PCSA is to provide written notification to the adoptive parent(s) when any of the following occur:

(1) A determination to deny AA eligibility.

(2) A denial for a request to increase the amount of the monthly AA payment.

(3) The PCSA and the adoptive parent(s) are unable to come to a mutual agreement following a state mediation conference.

(4) A reduction, suspension, or termination of the monthly AA payment.

(L) The PCSA is to inform the adoptive parent(s) of all decisions to deny or approve AA with a copy of the JFS 04059 "Explanation of State Hearing Procedures."

Last updated February 9, 2026 at 3:58 PM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-07 Initial Title IV-E adoption assistance (AA) agreement only with no payment.

(A) The public children services agency (PCSA) is to enter into a JFS 01453 "Title IV-E Adoption Assistance Agreement" without an AA payment if any of the following apply:

(1) The adoptive parent(s) and the PCSA, after considering the needs of the child and the circumstances of the adoptive family, agree that the adoptive family does not currently need an AA payment to incorporate the child into household.

(2) The child or the child's biological family has a social or medical history that establishes a substantial risk of acquiring conditions, as identified in rule 5101:2-49-03 of the Administrative Code.

(B) An AA agreement with no payment is to include the following provisions:

(1) The child is eligible for AA, but there is no monthly payment in effect because of the determination set forth in paragraph (A) of this rule.

(2) The adoptive parent(s) may request amendment of the AA agreement to include AA payments if the child develops a condition, and the condition is diagnosed by a qualified professional, as identified in rule 5101:2-49-03 of the Administrative Code.

(3) Title XX (social services block grant) and post adoption services are to be provided or secured in addition to Title XIX (medicaid) coverage for a child that has an AA agreement with no payment.

(4) All of the remaining conditions of the JFS 01453 as set forth in rule 5101:2-49-10 of the Administrative Code apply including reimbursement of nonrecurring adoption expenses, categorical eligibility for Title XIX medical assistance and Title XX social services and the right of appeal through a state hearing.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-08 Title IV-E adoption assistance (AA) monthly payments.

(A) AA monthly payments is to begin when there is a mutually agreed upon AA agreement and all of the following have been completed:

(1) The responsible public children services agency (PCSA) determines that the child meets all of the eligibility requirements for AA as defined in rule 5101:2-49-02 of the Administrative Code.

(2) The child is placed for adoption.

(3) The JFS 01453 "Title IV-E Adoption Assistance Agreement" is completed and signed by both the adoptive parent(s) and the PCSA.

(B) If the PCSA and the adoptive parent(s) cannot agree on a mutually acceptable monthly AA payment amount and the state mediation conference or state hearing is being pursued, an interim AA payment amount may be established in accordance with paragraphs (A)(1) to (A)(3) of this rule.

(C) Before the date on which the child is placed for adoption, the PCSA is to inform the certified foster caregiver(s) who is receiving foster care payments for the care of the child, of the option to continue the foster care payments until the adoption is finalized.

(D) The PCSA is to enter the AA payment information into the Ohio statewide automated child welfare information system (SACWIS). The payment is to be in the form of a warrant or electronic funds transfer (EFT) made to the adoptive parent(s).

(E) If an overpayment or an underpayment of an AA payment occurs, the PCSA is to take immediate action to correct either situation as soon as information is received.

(1) An underpayment occurs when one of the following circumstances exists:

(a) The adoptive parent(s) of an AA child does not receive a payment they are entitled to.

(b) The adoptive parent(s) of an AA child receives a payment less than the amount they are entitled to.

(2) An overpayment occurs when an adoptive parent(s) receives a payment amount they are not entitled to because of the following reasons.

(a) The payment was made in excess of the agreed upon amount.

(b) The child for whom an AA payment was made was not eligible for such payment the month the payment was made.

(F) The PCSA is responsible for reviewing payment records for AA cases to determine if an overpayment has occurred. If an overpayment has occurred, the PCSA is to:

(1) Adjust the overpayment in Ohio SACWIS within three business days of notification that an overpayment has occurred. Adjustment of the payment is to be effective on the first day of the month following the month in which the change occurred.

(2) Provide written notification to the adoptive parent(s) when an overpayment is found and identify what action the PCSA proposes to take with regard to the payment.

(3) Send written notification to the adoptive parent in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(G) The PCSA is to take any adverse action regarding the financial status of an AA case in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, and

(1) AA is to continue until a state hearing decision is issued if the state hearing is requested within fifteen calendar days of the mailing date on the notice.

(2) The PCSA is to continue AA if the hearing decision is favorable to the adoptive parent(s).

(3) The adoptive parent does not have to return AA payments received prior to the issuance of the state hearing decision if the state hearing was requested within fifteen calendar days of the mailing date on the notice and the hearing decision is to terminate or amend the monthly AA payment.

(H) Documentation of the repayment for the overpayment and the adjustment for the underpayment is to be retained in the AA case record.

(I) The PCSA is to refer all cases to the county prosecutor if there is probable cause to believe the crime of fraud has been committed.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-09 Title IV-E adoption assistance (AA) post-finalization application.

(A) The adoptive parent(s) of a child with special needs may only apply one time, for AA after the adoption is finalized if one of the following occurred:

(1) The public children services agency (PCSA) or private child placing agency (PCPA) knew relevant facts regarding the child and did not present the facts to the adoptive parent(s) prior to the finalization of adoption.

(2) The PCSA or PCPA failed to advise the adoptive parent(s) of the availability of AA.

(B) The adoptive parent(s) are to apply for AA when the PCSA or PCPA has informed and shared with the adoptive family AA subsidy information pursuant to rules 5101:2-48-05, 5101:2-48-11.1 and 5101:2-48-15 of the Administrative Code, including the JFS 01667 "Adoption Information Disclosure" prior to a finalization of adoption. The PCSA or PCPA is not obliged to inform an adoptive parent(s) if the adoptive parent(s) are not known to the agency or the child with special needs is not in the permanent custody of the PCSA or PCPA.

(C) The eligibility will be determined based on the child having a special need prior to finalization pursuant to rule 5101:2-49-03 of the Administrative Code that was in effect at the time of the final adoption decree.

(D) The following procedures are to be followed for AA eligibility to be considered after an adoption has been finalized:

(1) The adoptive parent(s) is to submit a completed and signed JFS 01451 "Title IV-E Adoption Assistance Application" to one of the following:

(a) The PCSA that held permanent custody of the child prior to the adoption.

(b) The PCSA in the county where the adoptive parent(s) resides, if one of the following applies:

(i) A PCPA had permanent custody of the child by court order or through the execution of a JFS 01666 "Permanent Surrender of Child" prior to the adoption.

(ii) The social security administration (SSA) determined the child eligible for the supplemental security income (SSI) benefits prior to the finalization of the adoption and no PCSA held permanent custody of the child.

(iii) The child is a child of a minor parent. The child was residing with the minor parent and a judicial determination that it was contrary to the welfare/best interest for the minor parent to remain with the specified relative.

(iv) The child was in receipt of AA in a prior finalized adoption, currently meets the definition of special needs as set forth in rule 5101:2-49-03 of the Administrative Code and finalizes the new AA agreement by the end of the month of the child's eighteenth birthday pursuant to rule 5101:2-49-04 of the Administrative Code.

(v) The child is a sibling placed in the same adoptive home as their sibling who meet the applicable child eligibility criteria in rule 5101:2-49-02 of the Administrative Code.

(2) At the time the JFS 01451 is submitted, the adoptive parent(s) is to provide the PCSA with a copy of the following:

(a) The JFS 01616 "Social and Medical History."

(b) The JFS 01673A "Child Characteristics Checklist for Foster Care and or Adoption."

(c) The JFS 01673 "Assessment for Child Placement (Homestudy)," or the JFS 01692 "Application for Adoption of a Foster Child" completed prior to the adoption of the child.

(E) If the PCSA determines that the child is eligible for adoption assistance post-finalization, without a state hearing, the agency is to process the application for adoption assistance, otherwise the PCSA is to deny the JFS 01451 based on the application not being submitted prior to finalization and provide the adoptive parent(s) with the following:

(1) The JFS 04059 "Explanation of State Hearing Procedures."

(2) The JFS 07334 "Notice of Denial of your Application for Assistance."

(F) Upon receipt of the PCSA's denial of the JFS 01451, the adoptive parent(s) may request a state hearing.

(G) If a state hearing decision determines that one or more of the circumstances set forth in paragraph (A) of this rule were present, the PCSA is to determine eligibility for AA after finalization and negotiate a JFS 01453 with the adoptive parent(s).

(H) If all of the conditions set forth in paragraphs (D) and (E) of this rule are met, the effective date for current and future AA payments is to be the date on which the current JFS 01453 is signed by the PCSA and the adoptive parent(s).

(I) A child in an independent adoption is eligible for AA only if the child meets the requirements of a child with special needs as described in rule 5101:2-49-03 of the Administrative Code and the child is eligible for SSI or is a child in a subsequent adoption if the child received AA in a prior finalized adoption.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-09.1 Title IV-E adoption assistance (AA) retroactive payment process.

(A) A child is eligible for retroactive adoption assistance (AA) payment if any one of the following occur:

(1) The public children services agency (PCSA) and the adoptive parent(s) mutually agree that the child is eligible for a retroactive adoption assistance payment after the adoption finalization, or

(2) A state hearing decision or administrative appeal decision determines the child is eligible for retroactive AA payment.

(B) The agency and the adoptive parent(s) will engage in a negotiation process based on the special needs of the child and the resources and circumstances of the adoptive parent(s) to determine the amount of the retroactive AA payment based on the following circumstances:

(1) The retroactive AA payment is to not exceed the foster care maintenance (FCM) payment for the level of care that would have been paid by the PCSA if the child had been placed in a family foster home.

(2) The monthly amount of AA is to be determined in the same manner as AA benefits negotiated prior to the adoption finalization, until one calendar day prior to the effective date of the current AA agreement.

(3) The PCSA is to manage the retroactive AA payment separately from any current or future AA payment negotiated between the adoptive parent(s) and the agency.

(4) The retroactive AA payment is to be based on the total eligible months the child would have received an AA payment had the child been determined eligible on the date that:

(a) The adoptive parent(s) submitted the JFS 01451 "Title IV-E Adoption Assistance Application" to the PCSA;

(b) The child was placed for adoption; or

(c) The child's adoption was finalized.

(C) If the agency and the adoptive parent(s) are unable to agree on the retroactive AA payment the agency will follow the procedures outlined in rule 5101:2-49-05 of the Administrative Code.

(D) The PCSA is not to approve a retroactive AA payment for a month in which a state adoption maintenance subsidy payment was made.

(E) The PCSA is to notify the adoptive parent(s) that retroactive AA payments have been approved for the child using the JFS 01454 "Approval and Agreement for Title IV-E Retroactive Adoption Assistance Payments."

(F) The JFS 01454 is to set forth the terms of the retroactive AA payment.

(G) The PCSA is to enter the applicable events in Ohio comprehensive child welfare information system (Ohio CCWIS) to reflect dates and monthly payment amounts covered by the period of the retroactive payment approval.

(H) The PCSA is to provide the adoptive parent(s) with a copy of the completed JFS 01454.

(I) The PCSA is to retain a copy of the state hearing decision, administrative appeal decision or judicial determination rendered that determined the child either met the eligibility for AA or ordered the PCSA to reconsider eligibility for AA in the child's AA case record. The PCSA is to also retain a copy of the JFS 01451 and the JFS 01453 "Title IV-E Adoption Assistance Agreement" setting forth the provision for future AA payments.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-10 Title IV-E adoption assistance (AA) ongoing verification.

(A) The public children services agency (PCSA) responsible for the AA agreement is to provide the adoptive parent(s) with the JFS 01451-B "Title IV-E Adoption Assistance annual assurance of legal responsibility, school attendance and eligibility for continued medicaid coverage" annually from the effective date of the agreement or whenever there is a significant change in the family situation.

(B) The PCSA is not to reduce, suspend, amend, or terminate the adoption assistance solely because the adoptive parent(s) fails to reply to the PCSA request for information or return the JFS 01451-B while the adoption assistance agreement is in effect. If an amendment is requested, the PCSA is to complete the JFS 01452 "Notice of Adverse Action for Title IV-E Adoption Assistance (AA)."

(C) For a child who has attained the minimum age for compulsory school attendance the PCSA is to assure that the child's AA case record contains documentation of one of the following:

(1) A child is enrolled full-time in an institution providing elementary or secondary education.

(2) A child is home schooled full-time in accordance with the law of the state where the parent(s) resides.

(3) A child is in an independent study elementary or secondary education program full-time in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(4) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the AA case record of the child.

(D) PCSA's are not required to verify school attendance for a child age eighteen to twenty-one unless the reason the child is continuing to receive AA past age eighteen is pursuant to paragraph (B)(4) of rule 5101:2-49-04 of the Administrative Code.

(E) The adoptive parent(s) is to notify the PCSA within fifteen days of the date of a change if:

(1) The child reaches the age of eighteen or twenty-one if the child is physically/mentally disabled or has a medical condition pursuant to rule 5101:2-49-04 of the Administrative Code.

(2) The child has married or enlisted in the military service. Enlistment in the military is defined as the date of report for active duty.

(3) The child's primary health care insurance coverage changes from medicaid to private health care insurance. The adoptive parent(s) is to complete an ODM 06612 "Health Insurance Information Sheet" as a result of this change.

(4) The adoptive parent(s) is no longer supporting the child.

(5) The adoptive parent's parental rights have been terminated by a court of competent jurisdiction or permanently surrendered to a PCSA or private child placing agency (PCPA).

(6) The family moves, or the child establishes their own residence.

(7) The child is deceased.

(F) The adoptive parent(s) is to be supporting the child. An adoptive parent(s) is supporting the child if the adoptive parent(s) provides the child with shelter, food, clothing, child support, or any support regardless of the physical location of the child. A parent is generally responsible for the support of a child who is under the age of eighteen or under the age of twenty-one and is physically/mentally disabled or has a medical condition.

(G) A parent is not legally required to support the child if the child is emancipated. A child becomes emancipated if the child:

(1) Enlists in the military services. Enlistment in the military is defined as the date of report for active duty.

(2) Marries.

(3) Has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(H) If the child no longer meets the requirements for AA, the PCSA is to terminate the AA agreement pursuant to rule 5101:2-49-13 of the Administrative Code.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-11 Suspension of Title IV-E adoption assistance (AA) payment.

(A) The public children services agency (PCSA) that entered into the AA agreement after February 14, 2018, may suspend the AA payment when all of the following are met:

(1) The PCSA is unable to establish contact with the adoptive parent(s) to determine if the adoptive parent(s) are legally responsible for the support of the child.

(2) The PCSA can document concerted efforts that were made to contact the adoptive parent(s) to determine what support is provided to the child. Concerted efforts include various methods to make contact with the adoptive parent(s) such as telephone calls, mailings, text, emails, and face-to-face contact.

(3) The AA agreement or amended AA agreement is to include the provisions of suspension.

(B) When the PCSA proposes to suspend AA payment, the PCSA is to complete the JFS 01452 "Notice of Adverse Action for Title IV-E Adoption Assistance (AA)" and provide the adoptive parent(s) with the following:

(1) A written notice that the PCSA intends to suspend AA payments.

(2) The reason(s) for the intended suspension.

(3) The adoptive parent(s) right to a state hearing.

(4) The state hearing is to be requested within fifteen days from the mailing date of the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(5) When the AA payment is suspended, the adoptive parent(s) has ninety days from the mailing date of the notice to make contact and provide documentation of support.

(C) If a state hearing is requested timely, within fifteen days of the mailing date on the notice, the AA payment is to continue until a state hearing decision is issued.

(D) If no state hearing is requested timely, within fifteen days, the AA payments are to be suspended.

(E) If a state hearing is requested and the state hearing decision is favorable to the adoptive parent(s), AA payments are to continue in accordance with the terms of the AA agreement, or an amended agreement may be entered into by mutual agreement.

(F) If the PCSA has suspended an AA payment, the PCSA is to follow the procedures as outlined in rule 5101:2-49-13 of the Administrative Code.

(G) If the adoptive parent(s) contacts the PCSA while the AA payment is suspended and can provide documentation that meets the ongoing verification requirement to show continued support of the child, AA payments may be reinstated retroactive back to the date of suspension, unless the PCSA has terminated the AA payment pursuant to rule 5101:2-49-13 of the Administrative Code.

(H) Although the PCSA may suspend a child's adoption assistance payment under the circumstances described in this rule, the child's eligibility for, and receipt of, medicaid is not to be suspended while the adoption assistance agreement is in effect.

(I) The PCSA is not to reduce or suspend adoption assistance solely because the adoptive parent(s) fails to reply to the PCSA's request for information or return of the JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" while the adoption assistance agreement is in effect.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-12 Amendment of the Title IV-E adoption assistance (AA) agreement.

(A) Prior to the expiration date of the JFS 01453 "Title IV-E Adoption Assistance Agreement," the adoptive parent(s) and the public children services agency (PCSA) may by mutual agreement amend the JFS 01453. The amended agreement is to meet all other requirements of rule 5101:2-49-06 of the Administrative Code.

(B) Any request for an amendment to the AA agreement is to contain newly documented special needs of the child or circumstances of the adoptive parent(s) that were not previously subject to the current agreement.

(C) A clear written statement documenting the assessment, evaluation, or update from a culturally competent, as defined in rule 5101:2-1-01 of the Administrative Code, qualified professional as defined in rule 5101:2-49-03 of the Administrative Code, is to occur within the last twelve months when a child's eligibility is based on physical/mental disability or medical condition. The statement is to include an opinion to the prognosis and recommendations for future treatment updates.

(D) At any time while the JFS 01453 is in effect, the adoptive parent(s) and the PCSA may agree to amend the payment amount or provision for services. If an amendment is requested the PCSA is to complete the JFS 01452 "Notice of Adverse Action for Title IV-E Adoption Assistance (AA)" and the following is to apply:

(1) The JFS 01453 is to be entered into by mutual agreement between the adoptive parent(s) and the PCSA pursuant to rule 5101:2-49-05 of the Administrative Code.

(2) The PCSA and adoptive parent(s) are to sign the amended agreement.

(3) The agreement is to meet all requirements of rule 5101:2-49-10 of the Administrative Code.

(4) The PCSA is to give a copy of the amended agreement to the adoptive parent(s) and retain a copy in the child's case record.

(E) If the PCSA and the adoptive parent(s) cannot agree on a mutually acceptable monthly AA payment amount, the PCSA and the adoptive parent(s) may complete a JFS 01453 for a mutually acceptable level of AA payment while negotiations continue through the state mediation conference, or the adoptive parent(s) requests a state hearing.

(F) If the adoptive parent(s) requests an amendment of the AA payment specified in an existing agreement and the PCSA denies the request, the PCSA is to provide the adoptive parent(s) with written notice of the denial and the right to a state hearing.

(G) The PCSA is not to automatically amend, suspend, terminate, or redirect the AA payment to a third party if the adopted child is placed under the custody/care and placement of a Title IV-E agency or placed in the legal or temporary custody of a third party.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-13 Termination of Title IV-E adoption assistance (AA).

(A) The public children services agency (PCSA) that entered into the agreement is to terminate the AA in any of the following circumstances:

(1) At the end of the month of the child's eighteenth birthday; or at the end of the month of the child's twenty-first birthday, if the child meets the criteria as set forth in paragraph (B) of rule 5101:2-49-04 of the Administrative Code.

(2) If the child is no longer receiving any support from the adoptive parent(s) as defined in paragraph (C) of this rule.

(3) If the adoptive parent(s) is no longer legally responsible for supporting the child as defined in paragraph (D) of this rule.

(4) If a court of competent jurisdiction has terminated the parental rights of the adoptive parent(s) or the adoptive parent(s) has voluntarily surrendered their parental rights.

(5) If the adoptive parent(s) requests termination of the AA benefits.

(6) If the adoptive placement disrupts prior to finalization.

(7) If the adoptive parent(s) dies.

(8) If the child dies.

(B) The PCSA is not to terminate the adoption assistance solely because the adoptive parent(s) fails to reply to the PCSA request for information or return the JFS 01451-B "The Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" while the adoption assistance agreement is in effect.

(C) An adoptive parent(s) is not supporting the child if the adoptive parent(s) is not providing the child with shelter, food, clothing, child support, or any financial support regardless of the physical location of the child. A parent(s) is generally responsible for the support of a child who is under the age of eighteen or a physical and or mentally disabled child with special needs who is under twenty-one years of age.

(D) A parent(s) is not legally required to support the child if the child is emancipated. A child becomes emancipated if the child:

(1) Enlists in the military services. Enlistment in the military is defined as the date of report for active duty.

(2) Marries.

(3) Determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(4) Self-supporting by paying for shelter, food, and clothing even though he or she may still reside with the adoptive parent(s).

(E) When the PCSA proposes to terminate the AA agreement, the PCSA is to complete the JFS 01452 "Notice of Adverse Action for Title IV-E Adoption Assistance (AA)" and provide the adoptive parent(s) with a written notice of the proposal to terminate and the right to a state hearing.

(F) When the PCSA proposes to terminate the AA agreement, and the adoptive parent(s) has requested a state hearing, the following is to apply:

(1) If a state hearing is requested within fifteen days of the mailing date on the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, AA is to continue until a state hearing decision is issued.

(2) If a state hearing is requested within fifteen days of the mailing date on the notice and the hearing decision is favorable to the adoptive parent(s), AA is to continue in accordance with the terms of the AA agreement, or an amended agreement may be entered into by mutual agreement.

(3) If a state hearing is requested within fifteen days of the mailing date on the notice and the hearing decision is to terminate the AA, the adoptive parent(s) does not have to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested within fifteen days, AA is to be terminated. Following the termination, the child is to lose all eligibility for future AA as long as he or she is legally a member of the same adoptive family.

(G) When the PCSA determines the AA should be terminated, the PCSA is to complete the ODM 01958 "Referral for medicaid continuing eligibility review" pursuant to rule 5160:1-2-01 of the Administrative Code and send the ODM 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" to the adoptive parent(s).

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-17 Case record requirements for Title IV-E adoption assistance (AA).

(A) The public children services agency (PCSA) is to maintain a separate case record for each AA case.

(B) The case record is to contain documentation which supports the PCSA's actions in determining eligibility for AA. The case record is to include the following information, when applicable:

(1) A copy of the completed and signed JFS 01451 "Title IV-E Adoption Assistance Application."

(2) A copy of the AA eligibility determination in Ohio comprehensive child welfare information system (Ohio CCWIS).

(3) A copy of each signed JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage."

(4) A copy of the PCSA's petition to the court which led to the child's removal from the specified relative.

(5) A copy of the court order which resulted in the child's removal from a specified relative, and which contains a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child and that placement is in the best interest of the child.

(6) A copy of the signed JFS 01645 "Agreement for Temporary Custody of Child" along with a copy of a court determination that continuation in the home would be contrary to the welfare of the child and that the placement is in the best interest of the child.

(7) A copy of the court order committing the child to the permanent custody of an Ohio PCSA or Ohio private child placing agency (PCPA), or a copy of the JFS 01666 "Permanent Surrender of Child." In cases where the child initially entered permanent custody as the result of the execution of a JFS 01666, there is to be a copy of a court determination that continuation in the home would be contrary to the welfare of the child and that the placement is in the best interest of the child.

(8) A copy of the signed JFS 01654 "Adoptive Placement Agreement."

(9) Initial child study inventory.

(10) A copy of the JFS 01616 "Social and Medical History."

(11) A copy of the JFS 01673 "Assessment for Child Placement (Homestudy)" or another state's approved child with special needs homestudy.

(12) A copy of the JFS 01673A "Ohio Department of Job and Family Services Child Characteristics Checklist for Foster Care and/or Adoption."

(13) A copy of the JFS 01689 "Documentation of the Placement Decision-Making Process."

(14) A copy of the JFS 01692 "Application for Adoption of a Foster Child or Sibling Group."

(15) A copy of the JFS 01667 "Adoption Information Disclosure."

(16) A copy of the JFS 01699 "Prefinalization Adoption Assessment Report."

(17) If the basis for determination of AA eligibility is meeting supplemental security income (SSI) eligibility requirements, a copy of the SSI voucher or a copy of any other official documentation verifying SSI eligibility.

(18) If the basis for determination of AA eligibility is ADC-relatedness, copies of all documentation used for the determination.

(19) The eligibility determination for the child of a minor parent who is eligible for a Title IV-E foster care maintenance (FCM) payment.

(20) If the basis for determination for AA eligibility is that the child was placed in the custody of the PCSA as a result of a JFS 01645 or JFS 01666, then copies of all documentation used for determination.

(21) A copy of the ODM 06612 "Health Insurance Information Sheet" as completed by the adoptive parent(s).

(22) A copy of the adoption petition filed with the court.

(23) A copy of the adoption finalization.

(24) A copy of the signed JFS 01453 "Title IV-E Adoption Assistance Agreement" between the adoptive parents and the PCSA and any amendments.

(25) Documentation of current eligibility for AA, and in a prior finalized adoption.

(26) A copy of the documentation evidencing repayment of any identified AA overpayment.

(27) A copy of all state hearing, administrative appeal, and judicial review documentation.

(28) A copy of the JFS 01470 "Title IV-E Adoption Assistance State Mediation Conference Request."

(29) A copy of the interstate compact and adoption medical assistance forms.

(C) For applications received from an adoptive parent(s) who resides out of state, the case record is to include a copy of forms which contain, at a minimum, the information needed by the JFS 01673, JFS 01692 and child study inventory.

(D) In order to protect confidentiality of adoption records, the dates of the documents listed in paragraphs (B)(4) to (B)(7) of this rule may be included in the AA case record in place of copies of the court order, JFS 01645, JFS 01666, or petition for adoption. For auditing purposes these documents are to be provided upon request. Provision of these dates by the PCSA is to be recognized as evidence that copies of the legal records exist. The following information is to be provided on the children services agency (CSA), PCPA's or PCSA's letterhead.

(1) Each document is to be clearly identified.

(2) The effective date of each record.

(3) The PCSA representative's signature, confirming that the record is on file at the PCSA.

(E) When applicable, the PCSA is to contact the PCPA which placed the child for adoption in order to obtain verification of the date of the documents listed in paragraph (B) of this rule. Documentation of these dates by the PCPA are to be recognized as evidence that copies of the legal records exist. For auditing purposes these documents is to be provided upon request. The following information is to be provided on the PCPA's letterhead.

(1) Each record is to be clearly identified.

(2) The effective date of each record.

(3) The PCPA representative's signature confirming that the record is on file at the PCPA.

(4) Pre-adoptive identifying information which is needed to establish eligibility for AA.

(F) The PCSA and PCPA are to use the pre-adoptive identifying information when contacting the public assistance benefits eligibility or referral specialists to request pertinent information on file, or when contacting the social security administration to request pertinent information about the child's eligibility for SSI. The PCSA and PCPA are not to provide any information about the child's new identity or present situation.

(G) Pursuant to rule 5101:2-33-23 of the Administrative Code the adoption assistance case record is to be permanently retained.

Last updated February 9, 2026 at 4:18 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-19 Title XIX medicaid coverage for Title IV-E adoption assistance (AA) eligible children (COBRA).

(A) A child eligible for AA, is eligible for Title XIX medicaid coverage beginning with the effective date of the JFS 01453 "Title IV-E Adoption Assistance Agreement."

(B) The public children services agency (PCSA) is to inform the adoptive parent(s) that he or she is to notify the PCSA within fifteen calendar days after moving to another county or state.

(C) The parent(s) is to cooperate with the PCSA to assure that a move out-of-state complies with any applicable interstate requirements. Failure to notify the PCSA may result in the interruption of Title XIX medical coverage.

(D) For a child with an AA agreement in effect who moves or resides out-of-state, the following is to apply:

(1) Within seven business days after the PCSA is notified by the adoptive parent(s) that the AA eligible child is moving to or residing in another state, the PCSA is to transfer Title XIX medical coverage to the state of residence by:

(a) Completing and forwarding the current signed and dated JFS 01453 to the Ohio department of job and family services (ODJFS) interstate compact on adoption and medical assistance (ICAMA) state administrator pursuant to rule 5101:2-44-05.2 of the Administrative Code.

(b) Providing written notification to the adoptive parent(s) of Ohio's intent to terminate the Title XIX medical coverage. Notification is to, at a minimum, include all of the following:

(i) The effective termination date of Ohio's Title XIX medical coverage.

(ii) A completed JFS 04065 "Prior Notice of Right To A State Hearing."

(iii) A statement that the child will continue to receive AA payments from Ohio or, if no payments are being made, a statement that the JFS 01453 remains in effect and Title XIX medical coverage will be provided by the state in which the child resides.

(c) Terminating the medical coverage in the Ohio statewide automated child welfare information system (SACWIS).

(2) Upon notification of any change that would affect the medicaid status, the PCSA is to, within seven business days, complete and forward the ICAMA form 7.5 "Information Exchange" which can be found at: https://aaicama.org/cms/index.php/the-aaicama/new-icama-forms/icama-forms to the ODJFS ICAMA state administrator.

(3) No less than annually, the PCSA is to provide the responsible Title XIX medical authority in the state where the child resides with written verification that the child meets the continuing eligibility requirements for medicaid. If the PCSA determines the child does not meet the continuing eligibility requirements, within twenty business days the PCSA is to:

(a) Complete a medicaid pre-termination review (PTR) of continuing medicaid eligibility pursuant to rule 5160:1-2-01 of the Administrative Code.

(b) Provide written notification of the date Title XIX medical coverage is to be terminated to the responsible Title XIX medical authority in the state in which the AA eligible child resides.

(E) For a child with an out-of-state AA agreement in effect who moves to or resides in Ohio, the following is to apply:

(1) The child is automatically eligible for Title XIX medical coverage provided by Ohio.

(2) The PCSA is to, within twenty business days after being notified by the ODJFS ICAMA administrator take the following actions to activate Title XIX medical coverage:

(a) Verify the following information is included on the ICAMA form 7.01 received from the responsible Title XIX authority and the national ICAMA database:

(i) The child's name, social security number, date of birth, and address.

(ii) The name of adoptive parent(s).

(iii) The address where the medical card should be sent.

(iv) A copy of the sending state's AA agreement.

(v) The name, address and telephone number of a contact person in the state with Title IV-E case management responsibility.

(vi) The termination date of Title XIX medical coverage in the state with Title IV-E case management responsibility or the state where the child moved.

(vii) Any additional information regarding other health insurance coverage the child may have, including third-party liability.

(b) Enter into Ohio SACWIS the Ohio medicaid effective date and an "active" status on the ICAMA record.

(c) Complete the ODM 06612 "Health Insurance Information Sheet" if there is information that the child is covered by a private health insurance plan.

(3) The PCSA is to maintain a separate case record for each AA eligible child who resides in Ohio. The case record is to contain all of the information required in paragraph (D) of this rule for all children with AA agreements in effect who move to or reside in Ohio.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-21 Reimbursement of Title IV-E nonrecurring adoption expenses for a child with special needs.

(A) The following definitions are applicable to this rule and supersede any definition contained in rule 5101:2-1-01 of the Administrative Code.

(1) "Nonrecurring adoption expenses" are reasonable and necessary adoption fees, court costs, attorney fees, and in accordance with paragraph (A)(2) of this rule, other expenses directly related to the legal adoption of a child with special needs, as defined in rule 5101:2-49-03 of the Administrative Code. These expenses cannot be incurred in violation of state or federal law and cannot be reimbursed from other sources or funds.

(2) "Nonrecurring other expenses directly related to the legal adoption of a child with special needs" as specified in paragraph (A)(1) of this rule refers to the cost of the adoption incurred by or on behalf of the adoptive parent(s) and for which the adoptive parent(s) carries the ultimate liability for payment. These expenses include costs related to:

(a) The adoption homestudy.

(b) Health and psychological examinations.

(c) Supervision of the placement prior to the adoption finalization.

(d) Reasonable cost of transportation, lodging, and food for the child and/or adoptive parent(s) when necessary to complete the placement or adoption process.

(B) A public children services agency (PCSA), private child placing agency (PCPA), or private non-custodial agency (PNA) is to notify anyone inquiring about adoption services through the agency of the availability of funds for the reimbursement of nonrecurring adoption expenses and the application process.

(C) The PCSA is to enter into an agreement with the adoptive parent(s) of a child with special needs for the payment of nonrecurring adoption expenses for which the parent(s) has not otherwise been reimbursed, not to exceed two thousand dollars for each child.

(D) The PCSA, PCPA, or PNA is to inform an adoptive parent(s) who inquires about adoption services through the agency that the JFS 01421 "Application for Reimbursement of Title IV-E Nonrecurring Adoption Expenses" is to be submitted to the appropriate PCSA and approved prior to the adoption finalization or disruption prior to the adoption finalization, if applicable. The JFS 01421 cannot be considered for approval retroactively.

(E) The adoptive parent(s) and the PCSA as specified in paragraphs (L) to (O) of this rule are to sign the JFS 01438 "Agreement for Payment or Reimbursement for Title IV-E Nonrecurring Expenses Incurred in the Adoption of a Child with Special Needs" prior to adoption finalization or disruption prior to adoption finalization, if applicable. A final decree of adoption by a foreign country constitutes adoption finalization. The JFS 01438 cannot be entered into after adoption finalization.

(F) The PCSA is to not consider the race, color, or national origin of an adoptive family or of the child for whom a family has indicated an interest in adopting, when entering into a JFS 01438.

(G) If siblings are placed for adoption, either separately or together, each child is to be treated as an individual. A separate JFS 01421 and JFS 01438 is to be executed for each child.

(H) The PCSA is to not apply an income eligibility requirement (means test) to the adoptive parent(s) in determining whether payment or reimbursement for nonrecurring adoption expenses are to be made.

(I) The adoptive parent(s) is to submit to the PCSA a request for payment or reimbursement and proof of the expenditures for nonrecurring expenses incurred in the adoption of a child with special needs within two years of the adoption finalization or disruption prior to adoption finalization, if applicable.

(J) In order for a PCSA to enter into an agreement for the reimbursement of nonrecurring adoption expenses, the child is to be determined a child with special needs prior to the adoption finalization or disruption prior to adoption finalization as defined in rule 5101:2-49-03 of the Administrative Code. The child need not meet other categorical eligibility requirements of Title IV-E adoption assistance.

(K) If the only special needs factor is the child has been determined to be at substantial risk, with no manifestation of a special needs factor, the child is eligible for nonrecurring adoption assistance with the exclusion of international adoptions.

(L) If the PCSA and the adoptive parent(s) have completed a JFS 01453 "Title IV-E Adoption Assistance Agreement" the application for reimbursement of nonrecurring adoption expenses is to be made to the PCSA with which the adoptive parent(s) entered into the AA agreement. The JFS 01438 is to be incorporated as an addendum to the AA agreement.

(M) If a JFS 01453 has not been completed by a PCSA, all of the following apply:

(1) Prior to adoption finalization or disruption prior to adoption finalization, if applicable, the adoptive parent(s) is to submit a JFS 01421 for reimbursement of nonrecurring adoption expenses to the PCSA who holds permanent custody or, in the case of an independent adoption, in the county in which the adoptive parent(s) resides.

(2) At the time of application and prior to adoption finalization or disruption prior to adoption finalization, if applicable, the adoptive parent(s) is to provide the PCSA with:

(a) A copy of the JFS 01616 "Social and Medical History" completed on the child for whom the request is being made or a copy of the social and medical history completed in the child's country of origin.

(b) A copy of the JFS 01673A "Child Characteristics Checklist for Foster Care and/or Adoption" and one of the following homestudies:

(i) JFS 01673 "Assessment for Child Placement (Homestudy)" or its equivalent for a child adopted from another state.

(ii) JFS 01692 "Application for Adoption of a Foster Child or Sibling Group".

(3) If the adoptive parent(s) does not provide a completed JFS 01616, JFS 01673A and JFS 01673 or JFS 01692, the PCSA is to deny the JFS 01421.

(N) If the child is placed for adoption from Ohio into another state, the following apply:

(1) If a PCSA has entered into a JFS 01453 or has custody of the child, that PCSA is responsible for the determination of eligibility for reimbursement of nonrecurring adoption expenses and payment of allowable nonrecurring adoption expenses if the child is eligible.

(2) If a JFS 01453 is not in effect or a PCSA does not have custody of the child, the children services agency (CSA) in the state where the adoptive parent(s) lives is responsible for determining eligibility. The CSA is responsible for informing the adoptive parent(s) of the needed documentation.

(3) If a PCPA has custody of the child, that agency is responsible for providing all needed information and documentation to the PCSA responsible for determining eligibility.

(4) If a PCSA or PCPA does not have custody of the child, the adoptive parent(s) is responsible for providing all needed information and documentation to the PCSA responsible for determining eligibility. The PCSA is to inform the adoptive parent(s) of the needed documentation.

(O) If the child is placed for adoption from another state into Ohio, the following apply:

(1) If the CSA has entered into a Title IV-E AA agreement or has custody of the child, that agency is responsible for determining eligibility for reimbursement of nonrecurring adoption expenses and paying allowable nonrecurring adoption expenses if the child is eligible.

(2) If the CSA has not entered into a Title IV-E AA agreement or does not have custody of the child, the Ohio PCSA in the county in which the adoptive parent(s) resides is responsible for determining eligibility for reimbursement of nonrecurring adoption expenses and paying allowable nonrecurring adoption expenses if the child is eligible.

(3) If a private child placing agency has custody of the child, that agency is responsible for providing all needed information and documentation to the Ohio PCSA in the county where the adoptive parent(s) resides to determine eligibility.

(4) If a private child placing agency does not have custody of the child, the adoptive parent(s) is responsible for providing all needed information and documentation to the Ohio PCSA in the county of residence to determine eligibility. The PCSA is to inform the adoptive parent(s) of the needed documentation.

(P) A stepparent adopting a child with special needs is not eligible to receive payment or reimbursement for nonrecurring adoption expenses if a biological parent is also present in the home. If a biological parent is not present due to death, divorce, or abandonment of the child, the stepparent is to receive payment or reimbursement for the nonrecurring adoption expenses if all other provisions of this rule are met.

(Q) For each JFS 01438 executed, the PCSA is to maintain documentation in the child's case record to verify compliance with this rule.

(R) The state hearing policies and procedures contained in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code apply to individuals applying for benefits under this rule.

(S) International adoption payment disallowance.

(1) Notwithstanding any other paragraph of this rule, no payment may be made to an adoptive parent(s) with respect to a child who meets the requirements specified in paragraph (J) of this rule but who is not a citizen or resident of the United States and was adopted outside of the United States or was brought into the United States for the purpose of being adopted.

(2) Paragraph (S)(1) of this rule is not to be construed as disallowing payments where the child is placed and is legally available for adoption by a permanent custody order or permanent surrender by a PCSA or PCPA, or petition for adoption when the child is the subject of an independent adoption pursuant to rule 5101:2-49-02 of the Administrative Code subsequent to the failure, as determined by the PCSA, of the initial adoption of the child by the parent(s) described in paragraph (S)(1) of this rule.

(3) If an adopted child from a foreign country has a subsequent adoption finalization in the U.S., the child is not eligible for nonrecurring adoption expenses.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 15, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-23 Title IV-E adoption assistance (AA) intercounty and interstate case management responsibility.

(A) AA intercounty and interstate case management changes is to be handled as follows:

(1) The JFS 01453 "Title IV-E Adoption Assistance Agreement" remains in effect even though the adoptive parent(s) and the adopted child move to another county or state. The responsibility for management of the AA case remains with the Ohio public children services agency (PCSA) that entered into the agreement prior to the move.

(2) If the adoptive parent(s) and the adopted child for whom an Ohio-executed JFS 01453 is in effect reside in or move to another state, the child is to be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the child resides. If any of the Title XX services specified in the AA agreement are not available in the state where the child resides or has moved, the PCSA that entered into the agreement is to be responsible for providing or securing those services.

(3) If the adoptive parent(s) and the adopted child for whom an JFS 01453 is in effect reside in or move to another Ohio county, the child is to be provided with Title XX services, as specified in the JFS 01453 by the county where the child resides. If any of the Title XX services specified in the AA agreement are not available in the Title XX plan in the county where the child resides or has moved, the PCSA which entered into the agreement is to be responsible for providing or securing those services.

(4) Nothing is to prevent the adoptive parent(s) of a child for whom an AA agreement is in effect from seeking Title XX services available in the Title XX social service plan in the county of residence, even if the services are not already specified in the AA agreement. The adoptive parent(s) may:

(a) Apply for the Title XX services in the county where the adoptive parent(s) resides;

(b) Seek to amend the child's JFS 01453.

(5) At the request of the PCSA that is the Title IV-E AA case management agency, the PCSA in the county of residence is to assist both the Title IV-E case management agency and the adoptive parent(s) in completing the JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" and/or the JFS 01453.

(6) In the event that the adoptive parent(s) and the adopted child move out of state, the PCSA with the case management responsibility is to comply with any interstate compact on adoption and medical assistance (ICAMA) requirements. The PCSA may ask the children services agency (CSA) in the new state to document the present situation of the adoptive parent(s) and to assist the adoptive parent(s) in completing all required forms.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-49-25 Qualified and disqualified alien eligibility for Title IV-E adoption assistance (AA).

(A) A child who is a qualified alien, entering the United States on or after August 22, 1996, and who is placed for adoption is to be required to live in the United States for five years before there is eligibility for AA. Pursuant to section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), a child, who is in one of the following accepted categories, is exempted from the residency requirement.

(1) A child placed with an adoptive parent(s) who is a United States citizen or a qualified alien.

(2) A child who is a qualified alien receiving AA pursuant to a JFS 01453 "Title IV-E Adoption Assistance Agreement" signed prior to August 22, 1996, who continues to be eligible for the AA.

(3) An alien admitted to the United States as a refugee under the Immigration and Nationality Act (INA) of 8 U.S.C., 1157, (5/2005).

(4) An alien whose deportation is being withheld under the INA.

(5) Cuban/Haitian entrants, as provided in Section 501 (e) of the Refugee Education Assistance Act of 1980, Pub. L. No. 96-422.

(6) Amerasian immigrants admitted to the United States pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, Pub. L. No. 100-202.

(7) An alien or the child or parent(s) of an alien who has been battered or subjected to extreme cruelty in the United States.

(B) An individual who meets the definition of a qualified alien in rule 5101:2-1-01 of the Administrative Code, is eligible to become an adoptive parent(s) and receive AA payments and services for an eligible child.

(C) An individual who does not meet the definition of qualified alien in rule 5101:2-1-01 of the Administrative Code is an unqualified alien. An unqualified alien is eligible to become an adoptive parent(s) and receive AA payments and services for an eligible child who entered the United States on or after August 22, 1996, if the child is a United States citizen or is in one of the accepted groups as defined in paragraph (A) of this rule or has lived in the United States as a qualified alien for five years.

(D) A child who is a qualified alien and is eligible for AA is also be eligible for Title XIX medicaid coverage pursuant to the requirements contained in rules 5160:1-2-12 and 5160:1-4-06 of the Administrative Code.

(E) Citizenship or immigration status is to be verified by the PCSA:

(1) For children in receipt of AA payments.

(2) For the adoptive parent(s) with whom the qualified alien child is placed.

Last updated February 9, 2026 at 3:58 PM

History

• Effective: October 1, 2024
• Promulgated Under: 119.03

Chapter 5180:2-51 Adoption Assistance Connections

Ohio Adm.Code 5180:2-51-01 Administration of adoption assistance connections to age twenty-one (AAC).

(A) For the purposes of this program, in accordance with section 5101.1414 of the Revised Code, an adopted young adult is defined as a person that:

(1) Was adopted at age sixteen or seventeen;

(2) Was in the permanent custody of an Ohio public children services agency (PCSA);

(3) Attained the age of sixteen before the Title IV-E adoption assistance agreement became effective; and

(4) Meets one of the eligibility requirements pursuant to paragraph (A)(4) of rule 5101:2-51-02 of the Administrative Code.

(B) The Ohio department of job and family services (ODJFS) is responsible for ensuring the proper administration of funds both allocated or reimbursed.

(1) In accordance with sections 473(a)(1)(B)(ii) and 473(a)(3) of the Social Security Act, ODJFS may not add any language to the AAC agreement that makes the AAC agreement subject to the availability of state funds.

(2) ODJFS is responsible for the full non-federal share.

(C) ODJFS shall be responsible for:

(1) Determining initial and continuing eligibility for the AAC program pursuant to rule 5101:2-51-02 of the Administrative Code.

(2) Maintaining a separate AAC case record for each program eligible adopted young adult for whom ODJFS has entered into an AAC agreement.

(3) Service planning to include:

(a) AAC case management including initial and ongoing eligibility determination of all AAC applications and redeterminations, approval and termination of subsidy payments, and referral for medicaid coverage provided by the Ohio department of medicaid, as applicable.

(b) Referral for post-finalization adoption services.

(D) ODJFS shall provide the adoptive parent(s) of an adopted young adult with a JFS 00147 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Application" and the JFS 04059 "Explanation of State Hearing Procedures."

(E) The adoptive parent(s) shall submit the JFS 00147 and verification of eligibility to ODJFS.

(F) ODJFS is to enter into a JFS 00148 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Agreement" with the adoptive parent(s) of an eligible adopted young adult. The JFS 00148 will be referred to as the AAC agreement.

(G) For an adopted young adult with an AAC agreement in effect who moves out-of-state or resides out-of-state, ODJFS shall follow the interstate compact on adoption and medical assistance (ICAMA) rule 5101:2-44-05.2 of the Administrative Code. ODJFS may ask the children services agency (CSA) in the other state to document the present situation of the adoptive parent(s) and to assist the adoptive parent(s) in completing all required forms.

(H) The AAC agreement remains in effect even though the adoptive parent(s) and the adopted young adult move to another county, state, or country. The responsibility for management of the adoption assistance connections (AAC) case remains with ODJFS as the agency that entered into the AAC agreement prior to the move.

(I) If the adoptive parent(s) and the adopted young adult for whom an Ohio-executed AAC agreement is in effect reside in or move to another state, the adopted young adult will be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the adopted young adult resides. If any of the Title XX services specified in the AAC agreement are not available in the state where the adopted young adult resides, ODJFS shall be responsible for securing those services.

(1) The adopted young adult will be provided with Title XX services, as specified in the AAC agreement by the county where the adopted young adult resides.

(2) Nothing shall prohibit the adoptive parent(s) of an adopted young adult for whom an AAC agreement is in effect from seeking Title XX services available in the Title XX social service plan in the county of residence, even if the services are not already specified in the AAC agreement. The adoptive parent(s) may:

(a) Apply for the Title XX services in the county where the adoptive parent(s) resides; and

(b) Seek to amend the young adult's AAC agreement.

(J) The case record shall include the following information, when applicable:

(1) ODJFS's actions in determining eligibility for AAC.

(2) A copy of signed JFS 00147 forms.

(3) A copy of signed JFS 00148 forms.

(4) A copy of parental responsibility eligibility documentation.

(5) A copy of ODM 6612 "Health Insurance Information Sheet" forms.

(6) A copy of state mediation conference, state hearing, administrative appeal and judicial review filings.

(7) A copy of JFS 01470 "Adoption Assistance State Mediation Conference Request" forms.

(8) A copy of interstate compact and adoption medical assistance forms.

(9) Documentation verifying completion of all required adoptive parent criminal record checks obtained by the PCSA prior to adoption finalization.

(10) A copy of adopted young adult eligibility documentation of education, employment, programs to remove barriers to employment, or verification of disability.

(11) A copy of the JFS 01453 "Title IV-E Adoption Assistance (AA) Agreement" in effect with the PCSA at the time of adoptive placement of the adopted young adult.

(12) A copy of JFS 00149 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Semi-Annual Assurance of Parental Responsibility and Eligibility for Continued Medicaid Coverage" forms.

(13) A copy of JFS 00150 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Adopted Young Adult Semi-Annual Assurance of Parental Responsibility and Eligibility for Continued Medicaid Coverage" forms.

(14) A copy of JFS 07334 "Notice of Denial of Your Application for Assistance" forms.

(15) A copy of adoption assistance connections to age twenty-one (AAC) notice of eligibility approval form(s).

(16) A copy of adoption assistance connections to age twenty-one (AAC) notice of redetermination form(s).

(17) A copy of adoption assistance connections to age twenty-one (AAC) notice of continued approval form(s).

(18) A copy of adoption assistance connections to age twenty-one (AAC) notice of termination form(s).

(K) Pursuant to sections 5101.13 and 5101.131 of the Revised Code, the AAC case record is confidential and is to be retained in the Ohio statewide automated child welfare information system (SACWIS). Case record information that cannot be recorded in SACWIS is to be retained in electronic file format.

Last updated February 11, 2026 at 9:02 PM

History

• Effective: January 10, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-51-02 Eligibility for adoption assistance connections to age twenty-one (AAC).

(A) To be eligible for adoption assistance connections to age twenty-one (AAC), an adopted young adult is to meet the following requirements:

(1) Was adopted at age sixteen or seventeen;

(2) Was in the permanent custody of an Ohio public children services agency (PCSA);

(3) Attained the age of sixteen before the JFS 01453 "Adoption Assistance (AA) Agreement" became effective;

(4) Meets one of the following requirements:

(a) Is completing secondary education or a program leading to an equivalent credential;

(b) Is enrolled in an institution that provides post-secondary or vocational education;

(c) Is participating in a program or activity designed to promote or remove barriers to employment;

(d) Is employed for at least eighty hours per month; or

(e) Is incapable of doing any of the activities described in paragraphs (A)(4)(a) to (A)(4)(d) of this rule due to a diagnosed physical or mental health condition, which incapacity is supported by updated information semi-annually.

(5) Has reached the age of eighteen but is not yet twenty-one years of age;

(6) Is continuing to receive parental support including but not limited to providing the young adult with shelter, food, or clothing. Residing in the same physical location is not required;

(7) Is not enlisted in the military. Enlisted in the military is defined as the date of report for active duty;

(8) Is not married; and

(9) Is not in receipt of adoption assistance past age eighteen pursuant to rule 5101:2-49-04 of the Administrative Code.

(B) The adoptive parent(s) may apply for AAC by submitting all of the following to the Ohio department of job and family services (ODJFS):

(1) A completed JFS 00147 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Application";

(2) Documentation the adopted young adult meets one of the eligibility requirements outlined in paragraph (A)(4) of this rule;

(3) Documentation the adoptive parent(s) maintains parental responsibility for the adopted young adult; and

(4) A copy of the signed JFS 001453 "Title IV-E Adoption Assistance (AA) Agreement" with the PCSA.

(C) ODJFS, within thirty calendar days after a completed JFS 00147 and all necessary documentation is received, shall determine eligibility in the Ohio statewide automated child welfare information system (SACWIS) and approve or deny the JFS 00147.

(D) ODJFS is to obtain documentation verifying completion of all adoptive parent criminal record checks obtained by the PCSA prior to adoption finalization pursuant to rule 5101:2-48-10 of the Administrative Code.

(E) If ODJFS determines an adopted young adult is eligible for AAC, ODJFS is to provide the adoptive parent(s) with the following:

(1) Adoption assistance connections to age twenty-one (AAC) notice of eligibility approval; and

(2) The JFS 04059 "Explanation of State Hearing Procedures."

(F) Upon determination of eligibility, ODJFS will send the JFS 00148 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Agreement" to the adoptive parent(s) for signature. The AAC agreement is effective on the date it is signed by both the adoptive parent(s) and ODJFS, unless a later date is indicated for the subsidy to begin as designated on the AAC agreement form "Article IX Effective Date," which will then become the effective date of the AAC agreement.

(G) The AAC agreement is binding on all parties. The terms of the AAC agreement may be amended at any time if both parties agree to the change.

(H) The AAC agreement shall remain in effect regardless of the state where the adoptive parent(s) or the adopted young adult resides unless the AAC agreement is terminated.

(I) ODJFS shall give a copy of the signed AAC agreement and all amendments to the adoptive parent(s) and keep the originals in the AAC case record.

(J) ODJFS, as the agency that entered into the AAC agreement, shall secure Title XIX medicaid and Title XX social services block grant services if the services are not available in the state or county where the adopted young adult resides in accordance with rule 5101:2-51-01 of the Administrative Code.

(K) Nothing shall prohibit the adoptive family from seeking Title XX services available in the county of residence even if they are not specified in the AAC agreement. The adoptive parent(s) may:

(1) Apply for the Title XX services in the county where they reside; and

(2) Request to amend the AAC agreement.

(L) If ODJFS determines an adopted young adult does not meet eligibility requirements outlined in paragraphs (A) and (B) of this rule, ODJFS shall provide the adoptive parent(s) with the following:

(1) The JFS 07334 "Notice of Denial of your Application for Assistance"; and

(2) The JFS 04059.

(M) Semiannual redetermination is to be completed every one hundred eighty calendar days to maintain program eligibility for AAC. The semiannual redetermination date is determined by the initial AAC effective date.

(N) No later than thirty calendar days prior to the semiannual redetermination due date, ODJFS is to provide the adoptive parent(s) with the following:

(1) Adoption assistance connections to age twenty-one (AAC) notice of redetermination;

(2) The JFS 00149 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Semi-Annual Assurance of Parental Responsibility and Eligibility for Continued Medicaid Coverage" form; and

(3) The JFS 00150 "Title IV-E Adoption Assistance Connections to Age Twenty-One (AAC) Adopted Young Adult Semi-Annual Assurance of Parental Responsibility and Eligibility for Continued Medicaid Coverage" form.

(O) Completed JFS 00149 and JFS 00150 forms, documentation that the adopted young adult meets one of the eligibility requirements outlined in paragraph (A)(4) of this rule, and documentation of parental responsibility is to be received prior to the semiannual redetermination due date. Upon receipt of the required forms and documentation listed in this paragraph, ODJFS will check for continued eligibility as follows:

(1) If redetermined as eligible, ODJFS is to provide the adoptive parent(s) with the following:

(a) Adoption assistance connections to age twenty-one (AAC) notice of continued approval; and

(b) The JFS 04059.

(2) If redetermined as ineligible, or if documentation is not received by the redetermination due date, ODJFS is to provide the adoptive parent(s) with written notice of the proposal to terminate AAC and the right to a state hearing. ODJFS is to provide the adoptive parent(s) with the following thirty calendar days prior to the termination date:

(a) Adoption assistance connections to age twenty-one (AAC) notice of termination; and

(b) The JFS 4059.

(3) If sufficient documentation to support eligibility is received by ODJFS from the adoptive parent(s) and/or adopted young adult prior to the termination date, ODJFS may proceed with semiannual redetermination of continued eligibility for AAC.

(P) The adoptive parent(s) and the adopted young adult are to submit the JFS 00149 and JFS 00150 semiannually and whenever there is a significant change in the family situation for continued eligibility.

(Q) At any time a JFS 00148 is in effect, the JFS 00148 may be amended.

(1) The adoptive parent(s) and ODJFS may by mutual agreement amend the JFS 00148 to reflect changes for payment amount or provision of services. Upon agreement, the following is to occur:

(a) ODJFS and the adoptive parent(s) are to sign the amended AAC agreement;

(b) ODJFS is to provide a copy of the amended AAC agreement to the adoptive parent(s) and retain the original in the case record; and

(c) ODJFS is to provide the adoptive parent(s) with the JFS 04059.

(2) If the adoptive parent(s) and ODJFS cannot agree on the amendment requested by the adoptive parent(s) or ODJFS, the following is to occur:

(a) ODJFS and the adoptive parent(s) may complete a JFS 00148 for a mutually acceptable AAC agreement while negotiations continue through the state mediation process, or the adoptive parent(s) request a state hearing; or

(b) ODJFS is to provide the adoptive parent(s) with a JFS 07334, and a JFS 04059.

(R) The adoptive parent(s) is to notify ODJFS within fifteen calendar days of the date of any of the following:

(1) The adopted young adult's primary health care insurance coverage changes from medicaid to private health care insurance. The adoptive parent(s) is to complete an ODM 06612 "Health Insurance Information Sheet" as a result of this change.

(2) The family relocates.

(3) The adopted young adult enlists in the military.

(4) The adopted young adult has married.

(5) The adoptive parent(s) no longer has parental responsibility for the adopted young adult.

(6) The adopted young adult is no longer eligible pursuant to paragraph (A) of this rule.

(S) The AAC agreement will terminate when any of the following circumstances apply:

(1) At the end of the month of the adopted young adult's twenty-first birthday.

(2) If the adoptive parent(s) no longer has parental responsibility for the adopted young adult as defined in paragraph (A)(6) of this rule.

(3) If the adoptive parent(s) requests to terminate the AAC agreement.

(4) If the adoptive parent(s) dies.

(5) If the adopted young adult dies.

(6) If the adopted young adult marries.

(7) If the adopted young adult enlists in the military.

(T) ODJFS will propose to terminate the AAC agreement under any of the following circumstances:

(1) ODJFS denies eligibility for AAC at semiannual redetermination.

(2) ODJFS denies the amount of monthly payment requested by the adoptive parent(s).

(3) ODJFS and the adoptive parent(s) are unable to come to a mutual agreement following a state mediation conference.

(4) ODJFS proposes to terminate the payment specified on the current AAC agreement.

(5) ODJFS denies a request by the adoptive parent(s) to amend the payment amount or provision of service terms of the current AAC agreement.

(U) If ODJFS proposes to terminate the AAC agreement due to any of the circumstances listed in paragraph (S) or (T) of this rule, ODJFS is to provide the following to the adoptive parent(s) thirty calendar days prior to the termination date:

(1) The adoption assistance connections to age twenty-one (AAC) notice of termination; and

(2) The JFS 04059.

(V) If ODJFS proposes to terminate the AAC agreement, and the adoptive parent(s) has requested a state hearing, the following shall apply:

(1) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, the AAC agreement shall continue to be in effect until a state hearing decision is issued.

(2) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice and the hearing decision is favorable to the adoptive parent(s), the AAC agreement shall remain in effect or an amended AAC agreement may be entered into by mutual agreement.

(3) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice and the hearing decision is to terminate the AAC agreement as specified in paragraph (O) of this rule, the adoptive parent(s) is not required to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested, the AAC agreement shall be terminated. Following the termination, the adoptive parent(s) may reapply for the AAC at any time prior to the adopted young adult attaining the age of twenty-one.

(W) If the AAC agreement is terminated, ODJFS shall:

(1) Send the adoption assistance connections to age twenty-one (AAC) notice of termination to the adoptive parent(s); and

(2) Send the ODM 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" to the adoptive parent(s).

Last updated February 9, 2026 at 7:30 PM

History

• Effective: January 10, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-51-03 Payments for adoption assistance connections to age twenty-one (AAC).

(A) The maximum amount of the monthly adoption assistance connections to age twenty-one (AAC) payment shall not exceed the cost of the monthly foster care maintenance (FCM) payment that was paid or would have been paid if the adopted young adult had remained in a foster home.

(B) The monthly payment identified in paragraph (A) of this rule shall not exceed the monthly statewide maximum adoption assistance (AA) payment amount established by the Ohio department of job and family services (ODJFS) through the "Family, Children and Adult Services Manual Procedure Letter."

(C) If the adopted young adult receives supplemental social security income (SSI) benefits, the adopted young adult may receive AAC and SSI concurrently. If there is concurrent receipt of payments from both programs, the social security administration will decrease the monthly SSI benefit by the monthly AAC payment amount. It is the responsibility of the adoptive parent(s) to advise the social security administration that the adopted young adult is in receipt of AAC.

(D) If ODJFS and the adoptive parent(s) cannot mutually agree on the monthly AAC payment amount after negotiating for at least thirty days, the adoptive parent(s) may request a state mediation conference using the JFS 01470 "Adoption Assistance State Mediation Conference Request." The JFS 01470 shall be sent to the ODJFS state hearings department in the manner described on the form.

(1) The state mediation conference shall be held within thirty business days from the receipt of the request.

(2) The state mediator, ODJFS representative and adoptive parent(s) shall participate in the state mediation conference.

(3) If the state mediation conference is successful and results in a mutually acceptable monthly AAC payment amount, it is considered a final decision between both parties.

(4) If the state mediation conference is not successful ODJFS shall provide the adoptive parent(s) with the following:

(a) A written notice which shall contain a clear and understandable statement that all parties were not in agreement and the right to a state hearing.

(b) The JFS 04059 "Explanation of State Hearing Procedures."

Last updated February 9, 2026 at 7:30 PM

History

• Effective: January 10, 2023
• Promulgated Under: 119.03

Chapter 5180:2-52 Interstate Placement of Children

Ohio Adm.Code 5180:2-52-04 PCSA responsibilities for the interstate compact on the placement of children.

(A) The public children services agency (PCSA) director or their designee will serve as the assistant deputy compact administrator (ADCA) for the agency in carrying out responsibilities involving interstate compact on the placement of children (ICPC). The ADCA is to meet the qualifications of a child welfare caseworker. The responsibilities of the ADCA include:

(1) Receiving and reviewing all documents and communications between the PCSA and compact administrators for sending states and territories who are requesting services from the PCSA for children in the custody of an out-of-state children services agency. This excludes incoming residential requests and requests for foster or adoptive placement with a family already licensed or approved through a private agency with which the PCSA has not contracted.

(2) Reviewing and authorizing all documents and communications in which the PCSA is requesting placement approval and/or services for children in the agency's custody who are being considered for placement out-of-state and/or require supervision by a children services agency of a receiving state or territory.

(3) Ensuring all required documentation sent and received is in compliance with all regulations as listed at https://aphsa.org/AAICPC/AAICPC/Resources.aspx.

(4) Reviewing the home study and information on the child to determine if placement appears to be safe and appropriate for the specific child and signing the ICPC 100A indicating approval or denial of the placement based on the information reviewed.

(5) Entering data into Ohio's CCWIS for all incoming and outgoing ICPC cases to enable the Ohio department of children and youth (DCY) to pull data for federal reporting purposes.

(6) Coordinating with DCY for technical assistance and assurance of compliance with ICPC requirements.

(B) Visits are exempt from ICPC if all of the following apply:

(1) The intention is to provide the child with a social or cultural experience of a short duration such as a stay in a camp or with a friend or relative.

(2) The party with whom the child is staying is not proposed to assume legal responsibility or serve as a placement resource on a temporary or permanent basis.

(3) No services are being requested of the receiving state during the time of the visit.

(4) The visit has a defined ending date and will not be extended or renewed in a manner which causes the visit to exceed thirty days or a school vacation period.

(C) Unless the placement meets the criteria for one of the exceptions listed in the ICPC articles or regulations, the PCSA is not to place any child in another state or territory without the approval by the designated ICPC staff of the receiving state or territory as evidenced by the signed JFS 01661 "Interstate Compact Placement Request (ICPC 100A)" indicating placement may be made. All regulations as listed at https://aphsa.org/AAICPC/AAICPC/Resources.aspx are to be followed when placing a child into another state.

(D) If a PCSA is planning to place a child in its custody in another state or territory, the PCSA is to initiate a request by sending the following to the appropriate ICPC office of the receiving state or territory for each placement resource being considered. Multiple copies are to be sent only when paper documents are being mailed. Only one copy is to be provided when being sent electronically. The request is to be sent using the national electronic ICPC enterprise ( NEICE) interface in Ohio's CCWIS when applicable.

(1) Four copies of the JFS 01661 (ICPC 100A) for each child, if not sent electronically, signed by the assistant deputy compact administrator for the agency.

(2) Two packets, if sent via mail, containing the following information:

(a) A cover letter clearly identifying the service being requested and the name, office location, and telephone number of the originating supervisor making the request.

(b) A signed statement from the assigned sending agency case manager that includes the following:

(i) Confirmation the potential placement resource is interested in being a placement resource for the child and is willing to cooperate with the ICPC process.

(ii) The name and current physical and mailing address of the placement resource and all available telephone numbers and other contact information for the potential placement resource.

(iii) A description of the number and type of bedrooms in the home of the potential placement resource to accommodate the child(ren) under consideration for placement and the number of people, including the children, who will be residing in the home if placement is made.

(iv) Acknowledgment by the potential placement resource that he or she has sufficient financial resources or will access financial resources to feed, clothe, and care for the child(ren), including child care, if needed.

(v) Acknowledgment by the potential placement resource that a criminal records check and child abuse history check will be completed for any persons residing in the home who are required to be screened according to the laws of the receiving state.

(c) A current case history summary that includes:

(i) All available social, medical, developmental, psychological and educational information. Medical information is to include immunization records, if available to the PCSA.

(ii) The family history of the biological parents, including history of the family's involvement with the PCSA and the court system. If the request is for a sibling group, family history need not be duplicated for each child.

(iii) The reason for placement in another state. If the child(ren) were previously placed with the potential placement resource in the sending state the PCSA is to provide all relevant information regarding that placement to the receiving state, if available.

(d) The family case plan prepared pursuant to Chapter 5101:2-38 of the Administrative Code for each child.

(e) The child's social security number and birth certificate if available.

(f) A copy of the most recent court order within the last year.

(g) A copy of a JFS 02424 "ICPC Placement Financial Information Form."

(h) If the PCSA is placing a child into a children's residential center, each packet is to include:

(i) If the child is adjudicated delinquent, court documentation will be provided indicating a placement for the child is not available in the PCSA's jurisdiction and the placement is in the best interest of the child and will not produce undue hardship on the child.

(ii) A letter of acceptance from the residential facility.

(i) If the PCSA is placing a child into an adoptive home, each packet will include:

(i) Documentation indicating the child is legally free for adoption by submitting the JFS 01666 "Permanent Surrender of a Child" or a court document demonstrating that parental rights have been terminated; and the agency has authority to place the child for adoption.

(ii) The JFS 01695 "Application For Search Of Ohio's Putative Father Registry".

(iii) Documentation pursuant to Chapter 5101:2-53 of the Administrative Code that the requirements are met regarding the Indian Child Welfare Act of 1978 (Pub. L. 95-608).

(iv) The JFS 01616 "Social And Medical History" for the biological family.

(v) A copy of the approved adoptive homestudy on the proposed placement resource, if available.

(j) If a court has ordered the priority placement of a child, the PCSA should include the JFS 01663 "Sending State's Priority Home Study Request" (ICPC 101) with the court order. The court may only order priority placements when both of the following conditions apply:

(i) The proposed placement is a relative in one of the following categories:

(a) Parent.

(b) Step-parent.

(c) Grandparent.

(d) Adult brother or sister.

(e) Adult uncle or aunt.

(f) Legal guardian.

(ii) At least one of the following conditions applies to at least one child who is being considered in the placement request:

(a) The child is four years of age or younger.

(b) The child is in an emergency shelter.

(c) The child has a substantial relationship with the parent or relative who is the potential placement resource. For the purposes of this rule, substantial relationship means the proposed placement has a familiar or mentoring role with the child, has spent more than cursory time with the child, and has established more than a minimal bond with the child.

(d) An unexpected dependency due to a sudden or recent incarceration, incapacitation, or death of a parent or guardian. For the purposes of this rule, incapacitation means a parent or guardian is unable to care for a child due to a medical, mental, or physical condition of the parent or guardian.

(E) Upon approval by the receiving state or territory as evidenced by a signed JFS 01661 (ICPC 100A) indicating that the placement may be made, the PCSA holding custody of the child will be responsible for:

(1) Making arrangements for the child to travel to the receiving state if deciding to place.

(2) Submitting the JFS 01662 "Interstate Compact Report on Child's Placement Status (ICPC 100B)" to the compact or deputy compact administrator of the other state within ten business days of the child's placement or within ten business days of determining the placement will not be made. If the JFS 01662 (ICPC 100B) is not submitted within the six month timeframe, the approval for the placement will expire.

(3) Maintaining financial responsibility for the care, medical care and education of the child and retaining jurisdiction of the child until one of the following occurs:

(a) The child is adopted.

(b) The child reaches the age of majority or is legally emancipated, as defined by the association of administrators of the interstate compact on the placement of children (AAICPC.)

(c) The child returns to Ohio.

(d) The child's custody is transferred to the placement resource, with concurrence from the receiving state.

(F) The PCSA is to submit two copies of the JFS 01662 (ICPC 100B) if being sent via mail or one copy if being sent electronically to the appropriate ICPC office of the receiving state within ten business days if any of the following occurs for a child the PCSA has placed:

(1) The placement disrupts.

(2) The child has been discharged from placement.

(3) The adoption has finalized.

(4) The agency's custody has terminated. The receiving state or territory is to concur with custody terminations and case closure unless the child has legally emancipated after the age of eighteen.

(G) Upon notification from the appropriate authority in the receiving state, from the agency supervising the placement, or from the Ohio ICPC office, that a child's return is necessary, the PCSA holding custody of the child is to arrange for the child's return or for an alternative placement. All costs associated with the child's return or alternative placement will be the responsibility of the PCSA.

(H) If the placement is for a foreign born child being placed across state lines subsequent to the child's arrival to the United States, the original documentation and a certified translation of all legal documents verifying the child's birth and the agency's or adoptive parent's authority to place the child are to be included.

(I) For all interstate placements from Ohio into another state, the PCSA is to continue to follow:

(1) Family case planning requirements pursuant to Chapter 5101:2-38 of the Administrative Code, if applicable.

(2) Semiannual administrative reviews pursuant to rule 5101:2-38-10 of the Administrative Code, if applicable.

(3) Supervision requirements pursuant to the regulations of the interstate compact, located at https://aphsa.org/AAICPC/AAICPC/Resources.aspx.

(J) If a PCSA receives a request from the appropriate ICPC staff of a sending state or territory to conduct a home assessment for an Ohio placement resource, the PCSA is to:

(1) Record the information into Ohio's CCWIS pursuant to rule 5101:2-36-01 of the Administrative Code.

(2) Prepare the home assessment in accordance with the administrative rule governing the placement resource being considered. The assistant deputy compact administrator of the PCSA cannot sign as the person approving the homestudy.

(a) A foster home is to be evaluated pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.

(b) An adoptive home is to be evaluated pursuant to Chapter 5101:2-48 of the Administrative Code.

(c) A relative or non-relative kin home is to be evaluated pursuant to rule 5101:2-42-18 of the Administrative Code unless the sending state requires the relative or non-relative kin to be certified as a foster home.

(d) If a parent home is to be evaluated, rule 5101:2-42-18 of the Administrative Code may be used as a guideline, however the restrictions listed in paragraphs (F) and (G) of rule 5101:2-42-18 of the Administrative Code do not apply to parent home assessments, unless the sending state requires the parent to be certified as a foster parent or approved as an adoptive home.

(3) Submit two packets containing the results of the home assessment if sent via mail or one packet if sent electronically to the compact or deputy compact administrator of the sending state within sixty days from the date in which the PCSA received the request. Each packet is to contain the following information:

(a) The home assessment narrative.

(b) A written statement that assures:

(i) The prospective caregivers were provided all available information about the child.

(ii) The agency's recommendation of the approval or denial of the placement resource is based on the caregivers' ability and willingness to care for the specific child proposed for placement.

(iii) A signed 100A form from the sending state or territory, equivalent to the JFS 01661, approving or denying the placement of the child.

(iv) All required attachments to the narrative in accordance with the rule for the type of home that is the subject of the assessment, such as copies of criminal background checks, references, etc.

(4) If an initial home assessment cannot be completed and a recommendation made within sixty days, send written notice of the delay to the designated ICPC staff of the sending state or territory prior to the expiration of the sixty day period. Delays of initial home assessments can result in federal financial sanctions to state and/or receiving agencies found out of compliance. The written notice is to include the narrative portion of the home study along with information regarding documentation not yet completed and approximate expected completion date. The date the narrative was sent is to be entered in the appropriate field on the ICPC record in Ohio's CCWIS.

(K) If a court in the sending state or territory has ordered the placement of the child to be a priority, the PCSA is to conduct the home assessment and submit the requested packets outlined in paragraph (J) of this rule to the designated ICPC staff of the sending state or territory within twenty business days from the date the overnight mailing or electronically submitted packet was received. The court may only order priority placements if conditions referenced in paragraph (D)(2)(j) of this rule apply.

(L) Upon notification a child has been placed in a placement the PCSA has approved as indicated by the signed 100A form from the sending state or territory, equivalent to the JFS 01661, the PCSA is to:

(1) Begin providing supervision and submit supervisory reports in accordance with the regulations of the interstate compact as referenced in paragraph (I)(3) of this rule and as requested by the compact or deputy compact administrator of the sending state or territory.

(2) Notify the compact or deputy compact administrator of the sending state or territory if the child's placement disrupts and there is a need to make immediate plans for the child's return to the sending state or for an alternative placement.

(M) The PCSA is to maintain information in Ohio's CCWIS regarding services it requests and provides on behalf of children being considered for placement or placed across state lines to enable DCY to comply with federal reporting requirements related to interstate requests and placements.

Last updated February 9, 2026 at 9:40 PM

History

• Effective: September 20, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-52-06 Requirements applicable to interstate placement of children when the PCPA, PNA, or court is the receiving agency.

(A) The state of Ohio interstate compact on the placement of children (ICPC) office is to serve as the central approving authority for all requests for services related to the placement of children into or outside of Ohio by private child placing agencies (PCPA), private noncustodial agencies (PNA) and courts.

(B) If the potential resource is not already certified or approved, and the PCPA, PNA, or court receives a request from the Ohio ICPC office for the evaluation of an Ohio placement resource, the PCPA, PNA, or court is to:

(1) Prepare the home assessment in accordance with the administrative rule governing the placement resource being considered.

(a) A foster home is to be evaluated pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.

(b) An adoptive home is to be evaluated pursuant to Chapter 5101:2-48 of the Administrative Code.

(c) A relative or non-relative kin home is to be evaluated pursuant to rule 5101:2-42-18 of the Administrative Code unless the sending state requires the relative or non-relative kin to be certified as a foster home or approved as an adoptive home.

(d) If a parent home is to be evaluated, rule 5101:2-42-18 of the Administrative Code may be used as a guideline, however the restrictions listed in paragraphs (F) and (G) of rule 5101:2-42-18 of the Administrative Code do not apply to parent home assessments, unless the sending state requires the parent to be certified as a foster parent or approved as an adoptive home.

(2) Prior to the final approval of the interstate placement, the following documentation is to be submitted to the Ohio ICPC office:

(a) The home assessment narrative.

(b) A written statement that assures:

(i) The prospective caregivers were provided all available information about the child.

(ii) The PCPA, PNA, or court will be supervising the placement.

(c) All attachments to the homestudy in accordance with the rule for the type of home that is the subject of the assessment, such as copies of criminal background checks, references, etc.

(3) If a homestudy can not be completed and a recommendation made within thirty business days, notification of the delay is to be sent to the Ohio ICPC office prior to the expiration of the thirty day period so that the sending state may be notified.

(C) If the Ohio ICPC office approves the placement of a child for whom the PCPA, PNA, or court has an agreement to provide supervision, the PCPA, PNA, or court is to:

(1) Begin providing monthly face to face supervision.

(2) Submit progress reports to the Ohio ICPC office monthly.

(3) Notify the sending agency and the Ohio ICPC office if the child's placement disrupts and there is a need to make immediate plans for the child's return to the sending state or for an alternative placement.

Last updated February 9, 2026 at 9:40 PM

History

• Effective: September 20, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-52-08 Interstate placement requirements for Ohio parents, legal guardians, or private entities when placing a child into another state or territory for adoption.

(A) Prior to placing a child into another state or territory for an adoptive placement, an Ohio parent, legal guardian, private child placing agency (PCPA), or attorney, hereafter referred to as the sending agent, is to receive written approval, as documented on the JFS 01661 "Interstate Compact Placement Request (ICPC 100A)" from the Ohio "Interstate Compact on the Placement of Children" (ICPC) office and the receiving state ICPC office. If the sending agent is a parent or legal guardian, the parent or legal guardian is to be represented by an adoption agency or private attorney.

(B) Visits, as defined by the association of administrators of the interstate compact on the placement of children (AAICPC) "Regulation 9" located at https://aphsa.org/AAICPC/AAICPC/Resources.aspx are exempt from ICPC. Situations in which the intent is to place the child either on a temporary or permanent basis and for which a homestudy or supervision is or will be requested do not meet the requirements of a visit and are therefore not exempt from ICPC. The following are additional criteria for a visit:

(1) The purpose of the visit is to provide the child with a social or cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for the daily care of the child.

(2) A visit has a defined ending date and is not be extended or renewed in a manner which causes the visit to exceed thirty days or the school vacation period.

(C) To initiate an interstate placement of an Ohio child for the purpose of adoption, the sending agent is to send one electronic copy of the following documents to the Ohio ICPC office:

(1) The completed JFS 01661 (ICPC 100A). Section 1 of the form is to identify the person or agency having financial and planning responsibilities for the child. Section 3 of the form is to indicate that monthly supervisory reports are requested.

(2) A cover letter requesting interstate approval signed by the sending agent that includes the following:

(a) Name of the child(ren) to be placed.

(b) Name of the birthparents.

(c) Name(s), address, email address and contact phone number(s) of the prospective adoptive parents.

(d) Name, contact person, address, email address, and contact phone number(s) of the supervising agency or person in the receiving state.

(e) A statement as to how the match was made, including the reason for placement into another state.

(f) If the sending agent is an attorney, their Ohio supreme court number should be included in the cover letter.

(3) A legal risk acknowledgment signed by the prospective adoptive parent(s), if applicable, in the receiving state.

(4) Documentation giving the prospective adoptive parents authority to provide medical care, if applicable.

(5) Copy of the approved adoptive homestudy on the prospective adoptive family, in accordance with the laws of the receiving state. All homestudies are to be completed in accordance with the rules and laws of the receiving state, the sending state is not to impose any additional requirements to complete the homestudy unless the adoption is finalized in the sending state. In addition to the homestudy, documentation is to include:

(a) Verification of compliance with federal and state background clearances, including state and federal bureau of investigation (FBI) fingerprint clearances and child abuse and neglect clearances.

(b) Sex offender registry clearance, available at www.nsopw.gov.

(c) A copy of any court order approving the adoptive home, if required in the receiving state.

(d) A statement by the person or entity who completed the homestudy verifying that the home is approved. This statement may be located within the homestudy.

(e) If the homestudy is more than twelve months old, an update to the homestudy should be provided.

(6) A statement from the person or entity in the receiving state that will be providing post-placement supervision acknowledging the obligation to provide post-placement supervision. This statement may be located within the homestudy. Supervision is to be conducted pursuant to the regulations of the interstate compact, located at https://aphsa.org/AAICPC/AAICPC/Resources.aspx. A copy of the supervising agent's license or certification is to be submitted, if applicable to the laws of the receiving state.

(7) A current case history that includes:

(a) A summary of all available social, medical, including immunization record, developmental, psychological, and educational information. If the child is an infant and has been discharged from the hospital, a copy of the discharge documentation is needed.

(b) The JFS 01616 "Social and Medical History"

(8) Documentation verifying the sending agent's legal authority to place the child. If placement is being requested with only one parent's consent, there is to be documentation addressing the other person's parental rights.

(9) The JFS 01695 "Application for Search of Ohio's Putative Father Registry." If the sending agent has received preliminary or final results, copies of those results are to be submitted as well.

(10) The JFS 01674 "Statement of Assurance" completed and signed by the person or entity identified in Section I on the 100A.

(11) Documentation pursuant to Chapter 5101:2-53 of the Administrative Code that the requirements are met regarding the Indian Child Welfare Act of 1978 (Pub. L. 95-608).

(12) The JFS 01693 "Ohio Law And Adoption Materials".

(13) The child's social security number and birth certificate, if available.

(14) Affidavit of expenses and fees, if applicable in the receiving state.

(15) If the sending agent is a PCPA, a copy of their agency license.

(16) If the placement request is for a foreign born child being placed across state lines subsequent to the child's arrival in the United States and prior to finalization of the adoption, the original documentation and a certified translation of all legal documents verifying the child's birth and the agency's or adoptive parent's authority to place the child is to be included.

(D) Upon approval by the receiving state as evidenced by a signed 100A indicating that the placement may be made, the sending agent is responsible for:

(1) Making arrangements for the child to travel to the receiving state or territory.

(2) Submitting the JFS 01662 "Interstate Compact Report on the Child's Placement Status (ICPC 100B)" to the Ohio ICPC office within five business days of the child's placement in the receiving state.

(3) Maintaining financial responsibility for the care, medical care and education of the child throughout the duration of placement, unless the case contains a contractual agreement to the contrary or a statement by the prospective adoptive parent(s) that they will assume financial responsibility.

(4) Retaining jurisdiction of the child until one of the following occurs:

(a) The child is adopted.

(b) The child returns to Ohio.

(E) The sending agent is responsible for submitting a JFS 1662 (ICPC 100B) to the Ohio ICPC office within thirty business days when any of the following occurs:

(1) The child will not be placed.

(2) The placement disrupts.

(3) The child's adoption has been finalized. The sending agent is to include a copy of the final judgment or decree of adoption.

(F) Upon notification from the appropriate authority in the receiving state from the agency supervising the placement, or from the Ohio ICPC office that a child's return to Ohio is necessary, the sending agent is to arrange for the child's return or alternative placement. The return is to be within five business days from the date of the notice of removal unless otherwise agreed upon between the sending and receiving state ICPC offices. All costs associated with the child's return or alternative placement will be the responsibility of the sending agent.

Last updated February 9, 2026 at 9:40 PM

History

• Effective: September 20, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-52-10 Interstate placement requirements for Ohio courts, parents, or legal guardians when placing a child in a residential placement in another state or territory.

(A) If an Ohio court is planning to place a child in a residential facility in another state or territory, the court is to electronically send one copy of the following to the Ohio interstate compact on the placement of children (ICPC) office for each placement resource being requested:

(1) The JFS 01661 "Interstate Compact Placement Request (ICPC 100A)."

(2) A packet containing the following information:

(a) A cover letter clearly identifying the child being placed and the facility where the child is to be placed, office location and telephone number of the originating supervisor making the request.

(b) A child summary that includes:

(i) Custodial, court and social history.

(ii) Special needs of the child if any.

(iii) Reason for placement.

(c) The child's social security number, birth certificate, and immunization record, if available.

(d) A copy of the court order showing custody status and any subsequent court entries within the last year.

(e) The child's current case plan, if applicable.

(f) A copy of the JFS 02424 "ICPC Placement Financial Information."

(g) If the child is adjudicated delinquent, a court entry indicating a placement for the child is not available within the court's jurisdiction, the placement is in the best interests of the child and will not produce undue hardship for the child is to be provided.

(h) Letter of acceptance from the residential facility.

(B) If a parent or legal guardian is planning to place a child in a children's residential center in another state or territory, the parent or legal guardian is to send one electronic copy of the following documents to the Ohio ICPC office:

(1) The completed JFS 01661 (ICPC 100A). Section 1 of the form is to identify the parent or legal guardian as the person having financial and planning responsibilities for the child.

(2) A cover letter identifying the parent or guardian and the placement resource including name, address, and telephone number, the reason for the placement and the services requested.

(3) If a person other than the parent is placing the child, documentation verifying the person's legal authority to place the child (i.e., child's birth verification or guardianship order).

(4) A notarized JFS 01674 "Statement of Assurance" completed and signed by the person identified on the JFS 01661 as being financially responsible.

(5) Letter of acceptance from the residential facility.

(C) A parent, guardian, or court is not to place any child in another state or territory without the prior approval of the Ohio ICPC office and the receiving state ICPC office as evidenced by the signed JFS 1661 indicating placement may be made.

(D) Upon approval by the receiving state or territory as evidenced by a signed JFS 01661 indicating that the placement may be made, the parent, legal guardian or Ohio court is responsible for:

(1) Making arrangements for the child to travel to the receiving state.

(2) Submitting the JFS 01662 "Interstate Compact Report on Child's Placement Status (ICPC 100B)" to the Ohio ICPC office within ten business days of the child's placement or within ten business days of determining the placement will not be made. If the JFS 01662 is not submitted within the thirty day timeframe, the placement for approval will expire.

(3) Maintaining financial responsibility for the care, medical care and education and retaining jurisdiction of the child throughout the duration of placement until one of the following occurs:

(a) The child reaches the age of majority.

(b) The child returns to Ohio.

(E) The parent, legal guardian or court is to submit one electronic copy of the JFS 01662 to the Ohio ICPC office within ten business days of when any of the following occurs for a child the parent, legal guardian or court has placed:

(1) The placement disrupts.

(2) The child has been discharged from placement.

(F) Upon notification from the appropriate authority in the receiving state, from the agency supervising the placement, or from Ohio ICPC office, that a child's return is necessary, the parent, legal guardian or Ohio court is to arrange for the child's return or for an alternative placement. All costs associated with the child's return or alternative placement will be the responsibility of the Ohio sending entity.

Last updated February 9, 2026 at 9:40 PM

History

• Effective: September 20, 2024
• Promulgated Under: 119.03

Chapter 5180:2-53 Indian Child Welfare Act

Ohio Adm.Code 5180:2-53-01 Definitions related to the Indian Child Welfare Act (ICWA).

(A) "Active efforts" means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with his or her family. Where an agency is involved in the child custody proceeding, active efforts involve assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts should be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and should be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and tribe. Active efforts shall be tailored to the facts and circumstances of the case and may include, for example:

(1) Conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on safe reunification as the most desirable goal;

(2) Identifying appropriate services and helping the parents to overcome barriers, including actively assisting the parents in obtaining such services;

(3) Identifying, notifying, and inviting representatives of the Indian child's tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning, and resolution of placement issues;

(4) Conducting or causing to be conducted a diligent search for the Indian child's extended family members, and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child's parents;

(5) Offering and employing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child's tribe;

(6) Taking steps to keep siblings together whenever possible;

(7) Supporting regular visits with parents or Indian custodians in the most natural setting possible as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the child;

(8) Identifying community resources including housing, financial, transportation, mental health, substance abuse, and peer support services and actively assisting the Indian child's parents or, when appropriate, the child's family, in utilizing and accessing those resources;

(9) Monitoring progress and participation in services;

(10) Considering alternative ways to address the needs of the Indian child's parents and, where appropriate, the family, if the optimum services do not exist or are not available; and

(11) Providing post-reunification services and monitoring.

(B) "Agency" means a nonprofit, for-profit, or governmental organization and its employees, agents, or officials that performs, or provides services to biological parents, foster parents, or adoptive parents to assist in the administrative and social work necessary for foster, preadoptive, or adoptive placements.

(C) "Child custody proceeding" means and includes the following:

(1) Any action, other than an emergency proceeding, that may culminate in one of the following outcomes:

(a) Foster care placement, which is any action removing an Indian child from his or her parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;

(b) Termination of parental rights, which is any action resulting in the termination of the parent-child relationship;

(c) Preadoptive placement, which is the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; or

(d) Adoptive placement, which is the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.

(2) A status offense proceeding that results in a child being placed into foster care or another out-of-home placement.

(D) "Continued custody" means physical custody, legal custody or both, under any applicable tribal law, tribal custom or state law, that a parent or Indian custodian already has or had at any point in the past.

(E) "Custody" means physical custody, legal custody or both, under any applicable tribal law, tribal custom or state law. A party may demonstrate the existence of custody by looking to tribal law or tribal custom or state law.

(F) "Domicile" means:

(1) For a parent or Indian custodian, the place at which a person has been physically present and that the person regards as home; a person's true, fixed, principal, and permanent home, to which that person intends to return and remain indefinitely even though the person may be currently residing elsewhere.

(2) For an Indian child, the domicile of the Indian child's parents or Indian custodian or guardian. In the case of an Indian child whose parents are not married to each other, the domicile of the Indian child's custodial parent.

(G) "Emergency proceeding" means and includes any court action that involves an emergency removal or emergency placement of an Indian child.

(H) "Extended family member" is defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, is a person who has reached age eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or step-parent.

(I) "Indian" means any person who is a member of an Indian tribe, or who is an Alaskan native who is a member of a regional corporation as defined by the Alaska Native Claims Settlement Act, 43 U.S.C. 1606 (2008).

(J) "Indian child" means any unmarried person under age eighteen and either:

(1) Is a member or citizen of an Indian tribe; or

(2) Is eligible for tribal membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe, or an Alaskan native who is a member of a regional corporation as defined by the Alaska Native Claims Settlement Act.

(K) "Indian child's tribe" means:

(1) The Indian tribe in which an Indian child is a member or eligible for membership; or

(2) In the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe described in 25 C.F.R 23.109 (2016).

(L) "Indian custodian" means any Indian who has legal custody of an Indian child under applicable tribal law or custom or under applicable state law, or to whom temporary physical care, custody, or control has been transferred by the parent of the child.

(M) "Indian foster home" means a foster home where one or more of the licensed or approved foster parents is an "Indian" as defined in 25 U.S.C. 1903(3) (1978).

(N) "Indian organization" means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians or a tribe, or a majority of whose members are Indians.

(O) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 3(c) of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(c) (2000).

(P) "Involuntary proceeding" means a child custody proceeding in which the parent does not consent of his or her free will to the foster care, preadoptive, or adoptive placement or termination of parental rights or in which the parent consents to the foster care, preadoptive, or adoptive placement under threat of removal of the child by a state court or agency.

(Q) "Parent or parents" means any biological parent or parents of an Indian child, or any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include an unwed biological father where paternity has not been acknowledged or established.

(R) "Qualified expert witness" means a person who is qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and should be qualified to testify as to the prevailing social and cultural standards of the Indian child's tribe. The agency may request the assistance of the Indian child's tribe or the bureau of Indian affairs (BIA) office serving the Indian child's tribe in locating persons qualified to serve as expert witnesses. The social worker regularly assigned to the Indian child shall not serve as a qualified expert witness in child custody proceedings concerning the child.

(S) "Reservation" means Indian country as defined in 18 U.S.C. 1151 (1949) and any lands, not covered under that section, title to which is held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the U.S. against alienation.

(T) "Secretary" means the secretary of the interior or the secretary's authorized representative acting under delegated authority.

(U) "State court of competent jurisdiction" means an Ohio juvenile court.

(V) "Status offenses" mean offenses that would not be considered criminal if committed by an adult; they are acts prohibited only because of a person's status as a minor.

(W) "Tribal court" means a court with jurisdiction over child custody proceedings and which is either a court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe vested with authority over child custody proceedings.

(X) "Tribal government" means the federally recognized governing body of an Indian tribe.

(Y) "Upon demand" means that the parent or Indian custodian can regain custody simply upon verbal request, without any formalities or contingencies.

(Z) "Voluntary proceeding" means a child custody proceeding that is not an involuntary proceeding, such as a proceeding for foster care, preadoptive, or adoptive placement that either parent, both parents, or the Indian custodian has, of his or her or their free will, without a threat of removal by a state agency, consented to for the Indian child, or a proceeding for voluntary termination of parental rights.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: February 1, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-53-02 General provisions of the Indian child welfare act (ICWA).

(A) The public children services agency (PCSA) or the private child placing agency (PCPA) shall follow all of the Indian child welfare rules and guidelines as outlined by the Indian Child Welfare Act (ICWA)(1978) as reauthorized by the Child and Family Services Improvement Act of 2006. Failure to identify Indian children can nullify court proceedings that have not been conducted in accordance with ICWA.

(B) The requirements of ICWA apply when a child is:

(1) Determined to be an Indian child in accordance with rule 5101:2-53-03 of the Administrative Code; and

(2) The subject of:

(a) A child custody proceeding, including:

(i) An involuntary proceeding;

(ii) A voluntary proceeding that could prohibit the parent or Indian custodian from regaining custody of the child upon demand;

(iii) A proceeding involving status offenses if any part of the proceeding results in the need for out-of-home placement of the child, including a foster care, preadoptive, or adoptive placement, or termination of parental rights.

(b) An emergency proceeding.

(C) When determining whether the requirements of ICWA apply to a proceeding identified in paragraph (B) of this rule, the agency shall not consider factors such as the participation of the parents or the Indian child in tribal cultural, social, religious, or political activities, the relationship between the Indian child and his or her parents, whether the parent ever had custody of the child, or the Indian child's blood quantum.

(D) If the requirements of ICWA apply at the commencement of a proceeding, they do not cease to apply simply because the child reaches eighteen years of age during the pendency of the proceeding.

(E) ICWA requirements do not apply to:

(1) A tribal court proceeding;

(2) A proceeding regarding a criminal act that is not a status offense;

(3) An award of custody of the Indian child to one of the parents including, but not limited to, an award in a divorce proceeding; or

(4) A voluntary placement that either parent, or both parents, or the Indian custodian has, of his or her or their free will, without a threat of removal by a state agency, chosen for the Indian child and that does not operate to prohibit the child's parent or Indian custodian from regaining custody of the child upon demand.

(F) An agency has reason to know that a child is an Indian child if:

(1) Any individual or agency relevant to the case informs the agency that the child is an Indian child or has discovered information indicating that the child is an Indian child;

(2) The child gives the agency reason to know he or she is an Indian child;

(3) The agency is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska native village;

(4) The agency is informed that the child is or has been a ward of a tribal court; or

(5) The agency is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: February 1, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-53-03 Determination of Indian status, tribal eligibility and membership.

(A) For each referral the agency screens in, the public children services agency (PCSA) or private child placing agency (PCPA) shall ask case participants whether the participant knows or has reason to know pursuant to rule 5101:2-53-02 of the Administrative Code that the child is an Indian child as defined in rule 5101:2-53-01 of the Administrative Code. The agency shall make this inquiry upon the initial face to face contact with the child or the child's parent, guardian or custodian.

(B) If the child's parents, guardian or custodian are unavailable or unable to provide information regarding whether the child may be an Indian child, the agency shall consider the following and document in the case record:

(1) A consultation with relatives or collaterals providing information which suggests the parent may or may not be a member of an Indian tribe or the child may or may not be a member of or eligible for membership in an Indian tribe.

(2) An examination of any other information bearing on the determination of the child's status of membership or eligibility for membership in an Indian tribe, such as a review of all documentation in the file, including contact with previous caseworkers and communication from other sources, (e.g., Indian tribes and Indian organizations).

(C) If there is reason to know that the child is an Indian child, but the agency does not have sufficient evidence to determine that the child is or is not an Indian child, the agency shall:

(1) Use due diligence to identify and work with all of the tribes of which there is reason to know that the child may be a member or eligible for membership and to verify that the child is a member or a biological parent is a member and the child is eligible for membership; and

(2) Treat the child as an Indian child, unless and until it is determined that the child does not meet the definition of an Indian child.

(D) If the agency is initiating court action for removal or custody of the child and information is obtained that suggests a child may be an Indian child but the tribe cannot be identified, the agency shall seek assistance in identifying and locating the tribe by sending the notice described in rule 5101:2-53-04 of the Administrative Code to the bureau of Indian affairs (BIA) as described in paragraph (E) of rule 5101:2-53-04 of the Administrative Code.

(E) If the agency is initiating court action for removal or custody of the child and information is obtained that suggests a child is an Indian child and a tribe or possible tribes have been identified, the agency shall do all of the following:

(1) Contact the tribe or possible tribes within fourteen calendar days of the date the information was obtained; and

(2) Submit a request to each possible tribe for written verification from the tribe regarding the child's tribal membership or eligibility for tribal membership. The agency's inquiry to the tribe shall be sent by registered or certified mail with "return receipt requested". A list of federally recognized tribes which includes a contact person and address for each tribe is available on the BIA website at www.bia.gov. If the tribe does not respond to written inquiries, the caseworker shall seek assistance in contacting the Indian tribe from the BIA regional office in Minnesota or the BIA's central office in Washington D.C.

(3) Bring to the juvenile court's attention, if applicable, any documentation submitted by the tribe and the agency's efforts to verify whether the child is or is not an Indian child.

(4) Include the following information with the petition filed in such proceeding:

(a) The name, age, tribal affiliation(s) and last known address of the Indian child.

(b) The name and address of the child's parent(s) and/or Indian custodian(s), if any, and tribe. The agency shall provide a detailed explanation of active efforts made to locate the parents, Indian custodian and/or the Indian child's tribe.

(c) A detailed account of the circumstances which led the agency to conclude that the child would suffer imminent physical damage or harm.

(d) A specific plan of action the agency is following, including services provided, to restore the child to his or her parent(s) or Indian custodian, or to transfer the child to the jurisdiction of the appropriate Indian tribe.

(F) If the juvenile court takes action to verify whether the child is or is not an Indian child, the agency shall provide the court with assistance if so requested.

(G) The agency shall assist the family in filing required documents if the family wishes to submit an application for the child to become a member of his or her tribe.

(H) If the Indian child is a member or eligible for membership in only one tribe, that tribe shall be designated as the Indian child's tribe.

(I) If the child meets the definition of "Indian child" through more than one tribe, deference should be given to the tribe in which the Indian child is already a member, unless otherwise agreed to by the tribes.

(J) If a child meets the definition of "Indian child" through more than one tribe because the child is a member in more than one tribe or the child is not a member of but is eligible for membership in more than one tribe, the court must provide the opportunity in any involuntary child custody proceeding for the tribes to determine which should be designated as the Indian child's tribe.

(1) If the tribes are able to reach an agreement, the agreed-upon tribe shall be designated as the Indian child's tribe.

(2) If the tribes are unable to reach an agreement, the court will designate, for the purposes of the Indian Child Welfare Act (ICWA), the Indian tribe with which the Indian child has the more significant contacts as the Indian child's tribe, taking into consideration the following:

(a) Preference of the parents for membership of the child;

(b) Length of past domicile or residence on or near the reservation of each tribe;

(c) Tribal membership of the child's custodial parent or Indian custodian;

(d) Interest asserted by each tribe in the child custody proceeding;

(e) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes; and

(f) Self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify.

(3) A determination of the Indian child's tribe for the purposes of ICWA does not constitute a determination for any other purpose.

(K) A child who is determined by the tribe not to be a member nor eligible for membership is not subject to the requirements of the ICWA. Once tribal ineligibility has been determined, tribal status shall be clearly documented in the case record, along with the date and source of documentation. In such cases, agency staff shall:

(1) Document in the case record steps taken to determine if the child is or is not an Indian child and the tribe's written statement declaring the child ineligible for membership.

(2) Incorporate in any court hearing the tribe's written statement declaring the child ineligible for membership.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: February 1, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-53-04 Indian Child Welfare Act (ICWA) notice requirements.

(A) When a public children services agency (PCSA) or private child placing agency (PCPA) knows or has reason to know that an Indian child is the subject of an involuntary foster care placement or termination of parental rights proceeding, the agency shall send notice of each proceeding to:

(1) Each tribe where the child is or may be a member, or eligible for membership if a biological parent is a member;

(2) The child's parents; and

(3) The child's Indian custodian, if applicable.

(B) If the identity or location of the child's parents, the child's Indian custodian, or the tribes in which the Indian child is a member or eligible for membership cannot be determined, but there is reason to know the child is an Indian child, the agency shall send the notice to the regional office of the bureau of Indian affairs (BIA) that is identified in paragraph (E) of this rule.

(C) The agency shall send the notice by registered or certified mail with return receipt requested. The agency may also send the notice via personal service or electronically. Such alternative methods do not replace the requirement for notice to be sent by registered or certified mail with return receipt requested.

(D) The notice shall be in clear understandable language and include the following:

(1) The child's name, birthdate, and birthplace;

(2) All known names (including maiden, married, and former names or aliases) of the parents, the parents' birthdates and birthplaces, and tribal enrollment numbers, if known;

(3) The names, birthdates, birthplaces, and tribal enrollment information of other direct lineal ancestors of the child, such as grandparents, if known;

(4) The name of each Indian tribe in which the child is a member, or may be eligible for membership if a biological parent is a member;

(5) A copy of the petition, complaint, or other document by which the child custody proceeding was initiated and, if a hearing has been scheduled, the date, time, and location of the hearing;

(6) Statements setting out the following:

(a) The name of the petitioner and the name and address of the petitioner's attorney;

(b) The right of any parent or Indian custodian of the child, if not already a party to the child custody proceeding, to intervene in the proceedings;

(c) The Indian tribe's right to intervene at any time in a state court proceeding for the foster care placement of or termination of parental rights to an Indian child;

(d) That, if the child's parent or Indian custodian is unable to afford counsel based on a determination of indigency by the court, the parent or Indian custodian has the right to court-appointed counsel;

(e) The right to be granted, upon request, up to twenty additional days to prepare for the child custody proceedings;

(f) The right of the parent or Indian custodian and the Indian child's tribe to petition the court for transfer of the foster care placement or termination of parental rights proceeding to tribal court as provided by 25 U.S.C. 1911 (1978);

(g) The mailing addresses and telephone numbers of the court and information related to all parties to the child custody proceeding and individuals notified in accordance with this rule.

(h) The potential legal consequences of the child custody proceedings on the future parental and custodial rights of the parent or Indian custodian; and

(i) That all parties notified must keep confidential the information contained in the notice and the notice should not be handled by anyone not needing the information to exercise rights under ICWA.

(E) The agency shall send a copy of the notice described in paragraph (D) of this rule to the regional office of the BIA at the following address: "Minneapolis Regional Director, Bureau of Indian Affairs, 5600 American Blvd. W, Ste. 500, Bloomington, MN 55437." The copy of the notice shall be sent by registered or certified mail with return receipt requested, or by personal delivery.

(F) If the agency does not have accurate contact information for a tribe, or the tribe contacted fails to respond to written inquiries, the agency should seek assistance in contacting the Indian tribe from the regional office of the BIA that is identified in paragraph (E) of this rule or the BIA's central office in Washington DC.

(G) If there is a reason to know that a parent or Indian custodian possesses limited English proficiency and is not likely to understand the contents of the notice, the agency shall provide language access services as required by Title VI of the Civil Rights Act (1964). The agency may contact or direct a party to contact the Indian child's tribe or the regional BIA office for assistance in locating and obtaining the name of a qualified translator or interpreter.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: March 15, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-53-05 Voluntary agreement for temporary custody of Indian child.

(A) A public children services agency (PCSA) or private child placing agency (PCPA) may accept a voluntary agreement for temporary custody of an Indian child from a parent, guardian or Indian custodian for the purpose of placing the child in substitute care. The agreement shall:

(1) Be executed upon a completed JFS 01645 "Agreement for Temporary Custody of Child";

(2) Be recorded before a juvenile court, or a tribal court, if jurisdiction has been transferred there; and

(3) Include the tribal enrollment number for the parent and for the Indian child, when known, or some other indication of the child's membership in the tribe; the name and address of the person or entity who arranged the placement; the name and address of the prospective foster parents, if known at the time; and any conditions to the agreement.

(B) Where confidentiality is requested or indicated, execution of the agreement shall be made before a court of competent jurisdiction, but is not required to be made in a session of court open to the public.

(C) The agency shall submit a notification of the voluntary agreement to the tribe's designated agent or tribal court pursuant to rule 5101:2-53-03 of the Administrative Code. The tribe retains the right to participate as an interested party or to intervene at any point, even if the tribe has declined to be involved.

(D) An agency shall abide by the agreement for temporary custody requirements set forth in rules 5101:2-42-06, 5101:2-42-07 and 5101:2-42-08 of the Administrative Code, and shall document in the child's case record that:

(1) The agreement for temporary custody was not executed until at least ten days after the birth of the Indian child. Any agreement entered into prior to, or within ten days after, birth of the Indian child shall not be valid.

(2) The terms and consequences of the agreement for temporary custody were fully explained in detail prior to the agency accepting the agreement. If the agency has reason to believe that the parent or Indian custodian will not understand the agreement for temporary custody because of possible limited English proficiency, a copy of the agreement shall be sent to the bureau of Indian affairs (BIA) area office nearest to the residence of that person, and a request made of BIA for assistance in locating and obtaining the name of a qualified translator or interpreter. The voluntary agreement for temporary custody shall not be executed until it has been translated into the language that the parent or Indian custodian best understands.

(3) The parent or Indian custodian is requesting the agency take custody and provide services because one of the following conditions exists:

(a) The child cannot remain at home due to a temporary crisis in the family, and cannot safely stay with a member of the extended family or another responsible adult well known to the child.

(b) The child needs to be placed outside the home due to problems in the family that could compromise the safety of a family member, and a placement of limited duration with assistance from the agency providing intensive services that are likely to reunite the family and reduce the safety concerns is needed.

(4) The parent or Indian custodian is immediately and temporarily unable to fulfill his or her parental responsibilities and this inability will be alleviated with short-term placement.

(E) Any parent or Indian custodian may request the termination of the voluntary agreement under law for any reason at any time, orally or by written notification and, upon such request, the child shall be returned to the parent or Indian custodian as soon as practicable.

(F) If a parent or Indian custodian requests the termination of the voluntary agreement and the agency has reason to believe the child will be unsafe if returned home to the parent or Indian custodian, the agency shall submit a request to the juvenile court requesting temporary or permanent custody.

(G) If anything in this rule conflicts with the requirements in Chapter 5101:2-42 of the Administrative Code, the agency shall follow the requirements outlined in this rule, or whichever rule favors the tribe.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: March 15, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-53-06 Emergency removal and involuntary custody of Indian children.

(A) A public children services agency (PCSA) can take emergency protective custody of any Indian child pursuant to paragraph (C) of rule 5101:2-39-01 of the Administrative Code regardless of the jurisdictional status of his or her tribe as long as the child is in danger of imminent physical damage or harm.

(B) When emergency removal of a child from his or her own home is necessary, the PCSA shall consider the child's racial or ethnic background to determine whether the child may be an Indian child. In such cases where the circumstances during the removal are not favorable to identify or inquire if a child is an Indian child, upon the agency's initial contact the case worker shall take the required steps to determine the Indian status of eligibility and membership. The agency shall act in accordance with the requirements set forth in paragraph (B) of rule 5101:2-53-03 of the Administrative Code.

(C) Any emergency removal or placement of an Indian child shall terminate immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the child.

(D) A petition for a court order authorizing the emergency removal or continued emergency placement should contain a statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent such imminent physical damage or harm to the child. The petition or its accompanying documents should also contain the following information:

(1) The name, age, and last known address of the Indian child;

(2) The name and address of the child's parents and Indian custodians, if any;

(3) The steps taken to provide notice to the child's parents, custodians, and tribe about the emergency proceeding;

(4) If the child's parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the the regional office of the bureau of Indian affairs (BIA) at the following address: "Minneapolis Regional Director, Bureau of Indian Affairs, 5600 American Blvd. W, Ste. 500, Bloomington, MN 55437";

(5) The residence and the domicile of the Indian child;

(6) If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska native village, the name of the tribe affiliated with that reservation or village;

(7) The tribal affiliation of the child and of the parents or Indian custodians;

(8) A specific and detailed account of the circumstances that led the agency responsible for the emergency removal of the child to take that action;

(9) If the child is believed to reside or be domiciled on a reservation where the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and are being made to contact the tribe and transfer the child to the tribe's jurisdiction; and

(10) A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.

(E) An emergency proceeding regarding an Indian child should not be continued for more than thirty days unless the court makes the following determinations:

(1) Restoring the child to the parent or Indian custodian would subject the child to imminent physical damage or harm;

(2) The court has been unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; and

(3) It has not been possible to initiate a child custody proceeding.

(F) Prior to an involuntary custody court proceeding, the PCSA or private child placing agency (PCPA) shall provide the court with information which either proves or suggests a child is a member of an Indian tribe and is eligible to be within the jurisdiction of a tribal court pursuant to rule 5101:2-53-03 of the Administrative Code.

(G) In any involuntary proceeding where the agency knows or has reason to know that the child subject to the proceeding is an Indian child, the agency shall adhere to the notice requirements outlined in rule 5101:2-53-04 of the Administrative Code. The agency shall file with the court a copy of the notice and any return receipts or other proof of service.

(H) No foster care placement or termination of parental rights proceeding may be held until at least ten days after receipt of the notice by the parent or Indian custodian and by the tribe or the director of the BIA regional office in Minneapolis. The parent, Indian custodian, and tribe each have a right, upon request, to be granted up to twenty additional days from the date upon which notice was received to prepare for participation in the proceeding.

(I) Except as provided in paragraph (A) of this rule, no foster-care or termination of parental rights proceeding may be held until the waiting periods to which the parents or Indian custodians and to which the Indian child's tribe are entitled have expired in accordance with the following:

(1) Ten days after each parent or Indian custodian, or the director of the BIA regional office in Minneapolis where the parent or Indian custodian is unknown, has received notice of that particular child custody proceeding in accordance with rule 5101:2-53-04 of the Administrative Code.

(2) Ten days after the Indian child's tribe, or the director of the BIA regional office in Minneapolis if the Indian child's tribe is unknown, has received notice of that particular child custody proceeding in accordance with rule 5101:2-53-04 of the Administrative Code.

(3) Up to thirty days after the parent or Indian custodian has received notice of that particular child custody proceeding in accordance with rule 5101:2-53-04 of the Administrative Code, if the parent or Indian custodian has requested up to twenty additional days to prepare for the proceeding.

(4) Up to thirty days after the Indian child's tribe has received notice of that particular child custody proceeding in accordance with rule 5101:2-53-04 of the Administrative Code, if the Indian child's tribe has requested up to twenty additional days to prepare for the proceeding.

(5) Additional time beyond the minimum required by this rule may also be available pursuant to extensions granted by the court.

(J) The agency shall notify the tribe's designated agent or tribal court affecting their tribal member even if the tribe has declined to be involved. The tribe retains the right to participate as an interested party or to intervene at any point in the proceeding.

(K) If the agency recommends foster placement, an affidavit shall be submitted to the court containing all of the following information:

(1) A description of active efforts to coordinate with the child's tribe or any Indian organization in assisting the Indian parent or Indian custodian with services needed to prevent the need for placement, and an explanation of why these services were unsuccessful in maintaining the child in the home.

(2) An explanation of why the child cannot be protected from serious emotional or physical harm if the child remains in the home even if services are provided to the child and family.

(3) An explanation of the diligent efforts made to contact the child's extended family about providing a placement for the child or, if any members are not known, diligent efforts made to contact the child's tribe and other local Indian organizations for assistance in identifying and contacting extended family, other tribal members, or Indian families for placement.

(4) Clear and convincing evidence, including testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the particular child who is the subject of the child custody proceeding. Without such a causal relationship, evidence that shows only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence.

(L) The agency shall submit a report that contains the following information at the review hearing:

(1) A description of active efforts to reunify the family since the last disposition or review hearing and if those efforts were not successful, an explanation regarding why.

(2) That efforts were made by the agency to arrange for the child's visitation with extended family, or with other tribal members, to ensure the child's ongoing participation in his or her culture.

(3) A statement of family changes needed to correct the problems necessitating intervention, with timetables for accomplishing them.

(4) A description of services to be provided to assist the family, specifically identifying those made available with assistance from the tribe or an Indian organization.

(5) A description of services to be provided to ensure the child's ongoing connection to his or her culture while placed outside of his/her family, including attendance at significant cultural events.

(6) A description of actions to be taken by the parents or Indian custodian to correct the identified problems, and of the parents' compliance with the case plan thus far.

(7) A statement that active efforts have been made to provide services to rehabilitate or prevent the breakup of the Indian family and that these efforts were not successful.

(M) If the agency petitions the court for termination of parental rights, the agency shall include the following information in the petition:

(1) Evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the particular child who is the subject of the child custody proceeding. Without such a causal relationship, evidence that shows only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence.

(2) The description of circumstances supporting the grounds for termination.

(3) A description of the active efforts made to provide remedial services and rehabilitative programs as coordinated efforts to prevent the breakup of the family and why these efforts were unsuccessful.

(4) A description of the active efforts made to assist the Indian parent or custodian with services needed to avoid termination of parental rights and an explanation of why these efforts were unsuccessful.

(5) An explanation of why the child cannot be protected from the identified problems in the home.

(6) A summary of the tribe's position regarding the permanency plan, including any attachments or supporting documents sent by the tribe to the agency.

(7) An explanation of the efforts completed pursuant to rule 5101:2-53-08 of the Administrative Code.

(8) A description of arrangements made by the agency to ensure visitation and all efforts made to maintain the child's cultural connections.

(9) A permanency plan for the child.

(N) Each party to an emergency proceeding or a foster care placement or termination of parental rights proceeding under state law involving an Indian child has a right to timely examine all reports and other documents filed or lodged with the court upon which any decision with respect to such action may be based.

(O) Upon the agency's determination that there are compelling reasons not to pursue termination of parental rights or reunification for children ages sixteen or older, the agency shall petition the court for a planned permanent living arrangement disposition in accordance with rule 5101:2-42-68 of the Administrative Code. The planned permanent living arrangement petition shall include the following:

(1) Documented facts and circumstances refuting the grounds for termination of parental rights. The agency has to show that although the child cannot be returned home, termination of parental rights is not in the child's best interest.

(2) A description of why the planned permanent living arrangement is in the child's best interest.

(3) A description of the active efforts made to provide remedial services and rehabilitative programs as coordinated efforts to prevent the breakup of the family and why these efforts were unsuccessful.

(4) An explanation of the active efforts made to contact the child's tribe, extended family, and other local Indian organizations for assistance in identifying a culturally appropriate placement for the child.

(5) An explanation of why the child cannot be moved to a placement that meets the preferences established in accordance with rule 5101:2-53-08 of the Administrative Code if the child is not placed with the tribal placement preference.

(6) A description of arrangements made by the agency to ensure visitation with extended family, or, if there is no extended family, with other tribal members, to support the child's cultural connections.

(7) A summary of the tribe's position regarding the permanency plan, including any attachments or supporting documents sent by the tribe to the agency.

(8) A plan to ensure the stability of the planned permanent living arrangement.

(9) Documentation that the requirements in paragraph (D)(3) of rule 5101:2-42-68 of the Administrative Code have been met.

(P) If, in the course of any child custody proceeding, any party asserts or the court has reason to believe that the Indian child may have been improperly removed from the custody of his or her parent or Indian custodian, the court will expeditiously determine whether there was improper removal. If the court finds that the Indian child was improperly removed, the court will terminate the proceeding and the child shall be returned immediately to his or her parent or Indian custodian, unless returning the child to his or her parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger.

(Q) Any of the following may petition the court to invalidate an action for foster care placement or termination of parental rights under state law where it is alleged that 25 U.S.C. 1911 (1978), 25 U.S.C. 1912 (1978), or 25 U.S.C. 1913 (1978) has been violated:

(1) An Indian child who is or was the subject of any action for foster care placement or termination of parental rights;

(2) A parent or Indian custodian from whose custody such child was removed; and

(3) The Indian child's tribe.

(R) Upon a showing that an action for foster-care placement or termination of parental rights violated any provision of 25 U.S.C. 1911, 25 U.S.C. 1912, or 25 U.S.C. 1913, the court will determine whether it is appropriate to invalidate the action.

(S) To petition for invalidation of an action for foster-care placement or termination of parental rights, there is no requirement that the petitioner's rights under the Indian Child Welfare Act (ICWA) (1978) were violated; rather, a petitioner may challenge the action based on any violations of 25 U.S.C. 1911, 25 U.S.C. 1912, or 25 U.S.C. 1913 during the course of the child custody proceeding.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: March 15, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-53-07 Permanent surrender or parental consent to adoptive placement of Indian children.

(A) A public children services agency (PCSA) or private child placing agency (PCPA) may accept a permanent surrender of an Indian child by a parent or Indian custodian. The surrender shall be executed on a JFS 01666 "Permanent Surrender of Child" and recorded before a juvenile court, or a tribal court if jurisdiction has been transferred there.

(B) The agency shall act in accordance with the permanent surrender requirements set forth in rule 5101:2-42-09 of the Administrative Code with the exception that a permanent surrender for an Indian child cannot be executed until at least ten days after his or her birth.

(C) The agency shall provide notification of all juvenile court proceedings affecting their tribal member to the tribe's designated agent or tribal court even if the tribe has declined to be involved. The tribe retains the right to participate as an interested party or to intervene at any point in the proceedings.

(D) The agency shall recognize and adhere to the following rights of parents of Indian children relative to the withdrawal of permanent surrender or parental consent to adoptive placements:

(1) A parent or Indian custodian may withdraw a permanent surrender or consent to adoption for any reason, at any time prior to the entry of the final decree of adoption. To withdraw the permanent surrender or consent, the parent or Indian custodian must file a written document with the court or otherwise testify before the court. Upon such withdrawal, the Indian child shall be returned to his or her parent or Indian custodian as soon as practicable.

(2) Within two years after the entry of a final decree of adoption, the parent or Indian custodian may withdraw consent to adoption if the parent or Indian custodian can prove parental consent was obtained through fraud or duress. Upon court order to vacate the final decree of adoption, the Indian child shall be returned to the parent or Indian custodian.

(E) If the agency has reason to believe that the parent or Indian custodian will not understand the permanent surrender because of possible limited English proficiency, a copy of the JFS 01666 form shall be sent to the bureau of Indian affairs (BIA) area office nearest to the residence of that person, and a request shall be made of BIA to arrange for translation in the language that the parent or Indian custodian best understands.

(F) Upon application by an Indian who has reached age eighteen who was the subject of an adoptive placement, the agency that facilitated the adoption shall inform the individual of the tribal affiliations, if any, of the individuals' biological parents and provide such other information necessary to protect any rights, which may include tribal membership, resulting from the individual's tribal relationship.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: March 15, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-53-08 Placement preference of Indian children.

(A) When the public children services agency (PCSA) or private child placing agency (PCPA) has custody of an Indian child, it shall select the least restrictive substitute care setting that:

(1) Most approximates a family, taking into consideration sibling attachment;

(2) Allows the Indian child's special needs to be met; and

(3) Is in reasonable proximity to the Indian child's home, extended family, or siblings.

(B) In any substitute or pre-adoptive placement of an Indian child where the Indian child's tribe has not established a different order of preference pursuant to paragraph (D) of this rule, the agency shall give preference in the following order to placement of the child with:

(1) A member of the Indian child's extended family;

(2) A foster home that is licensed, approved, or specified by the Indian child's tribe;

(3) An Indian foster home certified by the Ohio department of job and family services (ODJFS) or another state agency with such authority; or

(4) An institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs.

(C) The agency shall attempt to place siblings in the same home unless it is not in the child's or siblings' best interest.

(D) When the Indian child's tribe establishes a different order of preference by resolution for a non-adoptive substitute care placement, the agency shall abide by the tribe's order so long as the placement is the least restrictive setting appropriate to the particular needs of the child.

(E) In any adoptive placement of an Indian child, where the Indian child's tribe has not established a different order of preference pursuant to paragraph (F) of this rule, placement preference shall be given in the following order to placement of the child with:

(1) A member of the child's extended family;

(2) Other members of the Indian child's tribe;

(3) Other Indian families; or

(4) Other non-Indian prospective adoptive families.

(F) When the Indian child's tribe establishes a different order of preference by resolution for an adoptive placement, the agency shall abide by the tribe's order.

(G) In any substitute, pre-adoptive, or adoptive placement, where appropriate, the agency shall also consider the preference of the Indian child or the Indian child's parent.

(H) If the agency believes that there is good cause not to abide by the order of placement preference, then its findings shall be based on one or more of the following considerations:

(1) The request of one or both of the Indian child's parents upon their review of the placement options;

(2) The request of the child, if the child is of sufficient age and capacity to understand the decision that is being made;

(3) The presence of a sibling attachment that can be maintained only through a particular placement;

(4) The extraordinary physical, mental, or emotional needs of the Indian child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live, as determined by a qualified expert witness;

(5) The unavailability of a suitable placement after a determination by the court that a diligent search has been conducted.

(I) The burden of establishing the existence of good cause not to follow the order of placement preference is the responsibility of the agency, if the agency's decision is that the placement preference not be followed.

(J) A placement of an Indian child shall not depart from the preferences based on:

(1) The socioeconomic status of any placement relative to another placement; or

(2) Ordinary bonding or attachment that flowed from time spent in a non-preferred placement that was made in violation of the Indian Child Welfare Act (ICWA) (1978).

(K) The agency shall maintain a record of every voluntary or involuntary foster care, preadoptive, and adoptive placement of an Indian child and make the record available within fourteen days of a request by an Indian child's tribe or the secretary. The record shall contain, at a minimum, the petition or complaint, all substantive orders entered in the child custody proceeding, the complete record of the placement determination, and if the placement departs from the placement preferences, detailed documentation of the efforts to comply with the placement preferences.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: February 1, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-53-09 Procedures for the transfer of Indian children to a tribal court, a tribal Title IV-E agency or an Indian tribe with a Title IV-E agreement.

(A) Either parent, the Indian custodian, or the Indian child's tribe may request, at any time, orally on the record or in writing, that the court transfer a foster care or termination of parental rights proceeding to the jurisdiction of the child's tribe. The right to request a transfer is available at any stage in each foster care or termination of parental rights proceeding.

(B) Upon receipt of a transfer petition, the court must promptly notify the tribal court in writing of the transfer petition and may request a timely response regarding whether the tribal court wishes to decline the transfer. The court must transfer the child custody proceeding unless it determines that transfer is not appropriate because one or more of the following criteria are met:

(1) Either parent objects to the transfer;

(2) The tribal court declines the transfer; or

(3) Good cause exists for denying the transfer.

(C) If the public children services agency (PCSA) or private child placing agency (PCPA) asserts that good cause exists for the court to deny transfer, the agency shall state the reasons orally on the record or provide them in writing on the record and to the parties to the child custody proceeding. In determining whether good cause to deny transfer exists, the court must not consider:

(1) Whether the foster care or termination of parental rights proceeding is at an advanced stage if the Indian child's parent, Indian custodian, or tribe did not receive notice of the child custody proceeding until an advanced stage;

(2) Whether there have been prior proceedings involving the child for which no petition to transfer was filed;

(3) Whether transfer could affect the placement of the child;

(4) The Indian child's cultural connections with the tribe or its reservation; or

(5) Socioeconomic conditions or any negative perception of tribal or bureau of Indian affairs (BIA) social services or judicial systems.

(D) If the tribal court accepts the transfer, the state court will expeditiously provide the tribal court with all records related to the proceeding. The agency shall work with the state court and the tribal court to ensure that the transfer of the custody of the Indian child and of the proceeding is accomplished smoothly and in a way that minimizes the disruption of services to the family.

(E) In order to ensure a Title IV-E eligible child remains eligible when transferring jurisdiction to a tribal court, the tribe must be a tribal Title IV-E agency or enter into a Title IV-E agreement with the PCSA. The tribe may request:

(1) Transfer of jurisdiction to a tribal court. If the jurisdiction is transferred to the tribal court, the tribe assumes transfer of placement and care responsibility.

(2) Transfer of placement and care responsibility to a tribe. The tribe may assume placement and care responsibility of an Indian child, while the jurisdiction remains with the county court.

(F) Upon a tribe's request for the transfer of jurisdiction or the transfer of placement and care responsibility to the tribe, the PCSA shall consult, collaborate, and coordinate with the tribe to establish a Title IV-E agreement and procedures to ensure the transfer of jurisdiction is in compliance with federal regulations as outlined in 45 C.F.R. 1356.67 (2012).

(G) The PCSA that has placement and care responsibilities for the child shall:

(1) Determine foster care maintenance eligibility at the time of transfer, if an eligibility determination is not already completed.

(2) Provide a copy of the Title IV-E determination and supporting documentation to the tribe to support the Title IV-E determination. This documentation includes:

(a) All judicial determinations to the effect that continuation in the home from which the child was removed would be contrary to the welfare of the child in accordance with rule 5101:2-47-13 of the Administrative Code;

(b) Reasonable efforts that have been made to prevent the removal in accordance with rule 5101:2-47-22 of the Administrative Code;

(c) Documentation of how the child met the relatedness to the aid to dependent children (ADC) program authorized under Title IV-A of the Social Security Act as of July 16, 1996 in accordance with rule 5101:2-47-14 of the Administrative Code.

(H) In order to facilitate consistency in the structure of the file transfer and for purposes of the continuity of eligibility and services to the child, the PCSA shall ensure the records are organized and include the following:

(1) A file stamped copy of all judicial orders and court reports for the foster care episode, especially those orders that include judicial determinations supporting continued Title IV-E eligibility.

(2) A copy of the child's placement history for the foster care episode, which shall include:

(a) A copy of the initial complaint;

(b) A copy of the caregiver's license or approval for the child's most recent placement, including background check documentation verifying clearances for all adults in the caregiver's household; and

(c) If a child is currently placed out-of-state by the PCSA pursuant to the Interstate Compact on the Placement of Children (ICPC), the approved JFS 01661 "Interstate Compact Placement Request (ICPC 100A)" and JFS 01662 "Interstate Compact Report on Child's Placement Status (ICPC 100B)", or equivalent forms, including copies of reports by the supervising agency.

(3) Journalized copies of all case plans including case plan goals for the foster care episode and documentation of services provided to the child and family.

(4) A current copy of the child's health and education forms.

(5) Other federal benefit documentation including information about the child's eligibility for medicaid, child support, social security, supplemental security income (SSI), or other benefits, which are known to the PCSA and/or are in pending status.

(I) When a child is placed under the ICPC, upon receipt of the petition to transfer, the PCSA shall notify the receiving state that the jurisdiction over the child may be transferred to a Title IV-E tribe or tribal agency. PCSAs are encouraged to initiate and foster communication between the tribe or tribal agency and the receiving state in order to avoid disruption of the placement and/or federal eligibility for foster care maintenance payments to the child's caregivers.

Last updated February 9, 2026 at 8:36 PM

History

• Effective: March 15, 2023
• Promulgated Under: 119.03

Chapter 5180:2-55 Kinship Guardianship Assistance Program Connections to Twenty-One

Ohio Adm.Code 5180:2-55-01 Administration of kinship guardianship assistance program connections to twenty-one (KGAP C21).

(A) For purposes of this program, in accordance with section 5101.1411 of the Revised Code, a kinship guardianship young adult is defined as a person that:

(1) Was in the temporary, permanent, or planned permanent living arrangement custody of an Ohio public children services agency (PCSA) prior to being committed to the legal custody or guardianship of a kinship caregiver as defined in rule 5101:2-1-01 of the Administrative Code, at the age of sixteen or seventeen;

(2) Attained the age of sixteen or seventeen before the Title IV-E kinship guardianship assistance agreement became effective; and

(3) Meets one of the eligibility requirements pursuant to paragraph (A)(3) of rule 5101:2-55-02 of the Administrative Code.

(B) ODJFS is responsible for ensuring the proper administration of funds both allocated and reimbursed.

(1) In accordance with 473(a)(1)(B)(ii) and 473(a)(3) of the Social Security Act, ODJFS is not to add any language to the JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Agreement" that makes the agreement subject to the availability of state funds.

(2) ODJFS is responsible for the full non-federal share of KGAP C21 funds.

(C) ODJFS is to be responsible for:

(1) Determining initial and semi-annual eligibility, approval, denial, and termination for KGAP C21 pursuant to rule 5101:2-55-02 of the Administrative Code.

(2) Maintaining a separate KGAP C21 case record for each program eligible kinship guardianship young adult for whom ODJFS has entered into a JFS 00139.

(3) Service planning to include:

(a) KGAP C21 case management including initial and ongoing eligibility determination of all applications and redeterminations, approval and termination of subsidy payments, and referral for medicaid coverage provided by the Ohio department of medicaid, as applicable.

(b) Referral for kinship guardianship supportive services.

(D) ODJFS is to provide the kinship caregiver(s) of a kinship guardianship young adult with a JFS 00137 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Application" and the JFS 04059 "Explanation of State Hearing Procedures."

(E) The kinship caregiver(s) is to submit the JFS 00137 and verification of eligibility to ODJFS.

(F) ODJFS is to enter into a JFS 00139 with the kinship caregiver(s) of an eligible kinship guardianship young adult.

(G) For a kinship guardianship young adult with a JFS 00139 in effect who moves out-of-state or resides out-of-state, ODJFS is to follow the interstate compact on adoption and medical assistance (ICAMA) rule 5101:2-44-05.2 of the Administrative Code. ODJFS may ask the children services agency (CSA) in the other state to document the present situation of the kinship caregiver(s) and to assist the kinship caregiver(s) in completing all mandatory forms.

(H) The JFS 00139 remains in effect even though the kinship caregiver(s) and the kinship guardianship young adult move to another county, state, or country. The responsibility for management of the KGAP C21 case remains with ODJFS as the agency that entered into the JFS 00139 prior to the move.

(I) In accordance with section 473(d)(3)(C) of the Social Security Act a successor guardian may be named. The successor guardian cannot be the parent of the kinship guardianship young adult. A new JFS 00139 with a successor guardian will be entered into if all of the following are met:

(1) The kinship caregiver(s) dies or becomes incapacitated.

(2) There is a successor guardian(s) named in the JFS00133 "Title IV-E Kinship Guardianship Asistance Program (KGAP) Agreement."

(3) The successor guardian(s) obtains legal guardianship through probate court.

(4) The successor guardian(s) completes a JFS 00137.

(5) The successor guardian(s) and all adults residing in the home complete and pass criminal background checks in accordance with rules 5101:2-46-05 and 5101:2-5-09.1 of the Administrative Code. The kinship guardianship young adult is excluded from this requirement.

(6) The kinship guardianship young adult continues to meet one of the eligibility requirements pursuant to paragraph (A)(3) of rule 5101:2-55-02 of the Administrative Code.

(7) The successor guardian provides documented proof of continued kinship caregiver support as required by paragraph (B)(2) of rule 5101:2-55-02 of the Administrative Code.

(J) If the kinship caregiver(s) and the kinship guardianship young adult for whom an Ohio-executed JFS 00139 is in effect reside in or move to another state, the kinship guardianship young adult will be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the kinship guardianship young adult resides. If any of the Title XX services specified in the JFS 00139 are not available in the state where the kinship guardianship young adult resides, ODJFS is to be responsible for securing those services.

(1) The kinship guardianship young adult will be provided with Title XX services, as specified in the JFS 00139 by the county where the kinship guardianship young adult resides.

(2) Nothing is to prevent the kinship caregiver(s) of a kinship guardianship young adult for whom a JFS 0139 is in effect from seeking Title XX services available in the Title XX social service plan in the county of residence, even if the services are not already specified in the JFS 00139. The kinship caregiver(s) may:

(a) Apply for the Title XX services in the county where the kinship caregiver(s) resides.

(b) Seek to amend the kinship guardianship young adults JFS 00139.

(K) The case record is to include the following information, when applicable:

(1) ODJFS's actions in determining eligibility for KGAP C21.

(2) A copy of signed JFS 00137 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Application" form(s).

(3) A copy of signed JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Agreement" form(s).

(4) A copy of kinship caregiver responsibility eligibility documentation.

(5) A copy of the ODM 6612 "Health Insurance Information Sheet."

(6) A copy of state hearing, administrative appeal, and judicial review filings.

(7) A copy of the interstate compact and adoption medical assistance forms.

(8) Documentation verifying completion of all mandatory kinship caregiver criminal record checks obtained by the PCSA prior to initiation of kinship guardianship custodian payments pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(9) A copy of kinship guardianship young adult eligibility documentation of education, employment, programs to remove barriers to employment, or verification of disability.

(10) A copy of the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" in effect with the PCSA at the time of kinship guardianship placement of the kinship guardianship young adult.

(11) A copy of JFS 00142 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Kinship Caregiver Semi-Annual Assurance of Kinship Caregiver Responsibility and Eligibility for Continued Medicaid Coverage" form(s).

(12) A copy of JFS 00141 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Young Adult Semi-Annual Assurance of Kinship Caregiver Responsibility and Eligibility for Continued Medicaid Coverage" form(s).

(13) A copy of JFS 07334 "Notice of Denial of Your Application for Assistance" form(s).

(14) A copy of JFS 00138 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Eligibility Approval" form(s).

(15) A copy of JFS 00140 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Redetermination" form(s).

(16) A copy of JFS 00144 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Continued Approval" form(s).

(17) A copy of JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination" form(s).

(L) The KGAP C21 case record is to be retained in the Ohio statewide automated child welfare information system (SACWIS).

Last updated February 9, 2026 at 4:21 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-55-02 Eligibility for kinship guardianship assistance program connections to twenty-one (KGAP C21).

(A) Pursuant to sections 5101.141 and 5101.1411 of the Revised Code, to be eligible for kinship guardianship assistance program connections to twenty-one (KGAP C21), a kinship guardianship young adult is to meet all of the following requirements:

(1) Was in the temporary, permanent, or planned permanent living arrangement custody of an Ohio public children services agency (PCSA) prior to the commitment described in paragraph (A)(2) of this rule.

(2) Was committed to the legal custody or legal guardianship of a kinship caregiver at the age of sixteen or seventeen and attained the age of sixteen before a Title IV-E kinship guardianship assistance agreement became effective.

(3) Meets one of the following requirements:

(a) Is completing secondary education or a program leading to an equivalent credential;

(b) Is enrolled in an institution that provides post-secondary or vocational education;

(c) Is participating in a program or activity designed to promote or remove barriers to employment;

(d) Is employed for at least eighty hours per month; or

(e) Is incapable of doing any of the activities described in paragraphs (A)(3)(a) to (A)(3)(d) of this rule due to a diagnosed physical or mental health condition, which incapacity is supported by updated information semi-annually.

(4) Has reached the age of eighteen and is not yet twenty-one years of age.

(5) Is continuing to receive kinship caregiver support including but not limited to providing the young adult with shelter, food, or clothing. Residing in the same physical location is not required.

(6) Is not enlisted in the military. Enlisted in the military is defined as the date of report for active duty.

(7) Is not married.

(B) The kinship caregiver(s) may apply for KGAP C21 by submitting all of the following to ODJFS:

(1) A completed JFS 00137 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Application."

(2) Documentation that the kinship guardianship young adult meets one of the eligibility requirements outlined in paragraph (A)(3) of this rule.

(3) Documentation of kinship caregiver responsibility.

(4) A copy of the signed JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" with the PCSA.

(C) ODJFS, within thirty calendar days after a completed JFS 00137 and all necessary documentation is received, is to determine eligibility in the Ohio statewide automated child welfare information system (SACWIS) and approve or deny the KGAP C21 application.

(D) As the Title IV-E agency, ODJFS is to obtain documentation verifying completion of all kinship caregiver(s) criminal record checks secured by the PCSA prior to initiation of kinship guardianship assistance payments pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(E) If ODJFS determines a kinship guardianship young adult is eligible for KGAP C21, ODJFS is to provide the kinship caregiver(s) with the following:

(1) The JFS 00138 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Eligibility Approval" form.

(2) The JFS 04059 "Explanation of State Hearing Procedures."

(F) Upon determination of eligibility, ODJFS will send the JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Agreement" to the kinship caregiver(s) for signature. The KGAP C21 agreement is effective on the date it is signed by both the kinship caregiver(s) and ODJFS, unless a later date is indicated for the subsidy to begin as designated on the KGAP C21 agreement form "Article IX Effective Date," which will then become the effective date of the KGAP C21 agreement.

(G) The KGAP C21 agreement is binding on all parties. The terms of the KGAP C21 agreement may be amended at any time if both parties agree to the change.

(H) The KGAP C21 agreement is to remain in effect regardless of the state where the kinship caregiver(s) or the kinship guardianship young adult resides unless the KGAP C21 agreement is terminated.

(I) ODJFS is to give a copy of the signed KGAP C21 agreement and all amendments to the kinship caregiver(s) and keep the originals in the KGAP C21 case record.

(J) ODJFS, as the agency that entered into the KGAP C21 agreement, is to secure Title XIX medicaid and Title XX social services block grant services if the services are not available in the state or county where the kinship guardianship young adult resides in accordance with rule 5101:2-55-01 of the Administrative Code.

(K) Nothing will prohibit the kinship caregiver(s) and kinship guardianship young adult from seeking Title XX services available in the county of residence even if they are not specified in the KGAP C21 agreement. The kinship caregiver(s) may:

(1) Apply for the Title XX services in the county where they reside.

(2) Request to amend the KGAP C21 agreement.

(L) If ODJFS determines a kinship guardianship young adult does not meet eligibility requirements outlined in paragraph (A) of this rule, ODJFS is to provide the kinship caregiver(s) with the following:

(1) The JFS 07334 "Notice of Denial of your Application for Assistance."

(2) The JFS 04059 "Explanation of State Hearing Procedures."

(M) Semiannual redetermination is to be completed every one hundred eighty calendar days to maintain program eligibility for KGAP C21. The semiannual redetermination date is determined by the initial KGAP C21 effective date.

(N) No later than thirty calendar days prior to the semiannual redetermination due date, ODJFS is to provide the kinship caregiver(s) with the following forms:

(1) The JFS 00140 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Redetermination."

(2) The JFS 00142 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Kinship Caregiver Semi-Annual Assurance of Kinship Caregiver Responsibility and Eligibility for Continued Medicaid Coverage."

(3) The JFS 00141 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Young Adult Semi-Annual Assurance of Kinship Caregiver Responsibility and Eligibility for Continued Medicaid Coverage."

(O) Completed JFS 00142 and JFS 00141 forms, documentation that the kinship guardianship young adult meets one of the eligibility requirements outlined in paragraph (A)(3) of this rule, and documentation of kinship caregiver responsibility are to be received prior to the semiannual redetermination due date. Upon receipt of the required forms and documentation listed in this paragraph, ODJFS will check for continued eligibility as follows:

(1) If redetermined as eligible, ODJFS is to provide the kinship caregiver(s) with the following:

(a) The JFS 00144 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Continued Approval" form.

(b) The JFS 04059 "Explanation of State Hearing Procedures."

(2) If redetermined as ineligible, or if documentation is not received by the redetermination due date, ODJFS is to provide the kinship caregiver(s) with written notice of the proposal to terminate KGAP C21 and the right to a state hearing. ODJFS is to provide the kinship caregiver(s) with the following thirty calendar days prior to the termination date:

(a) The JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination" form.

(b) The JFS 04059 "Explanation of State Hearing Procedures."

(3) If sufficient documentation to support eligibility is received by ODJFS from the kinship caregiver(s) and/or kinship guardianship young adult prior to the termination date, ODJFS may proceed with semiannual redetermination of continued eligibility for KGAP C21.

(P) The kinship caregiver(s) and the kinship guardianship young adult are to submit the JFS 00142 and JFS 00141 semiannually and whenever there is a significant change in the kinship guardianship situation for continued eligibility.

(Q) At any time a JFS 00139 is in effect, the JFS 00139 may be amended.

(1) The kinship caregiver(s) and ODJFS may by mutual agreement amend the JFS 00139 to reflect changes for payment amount or provision of services. Upon agreement, the following is to occur:

(a) ODJFS and the kinship caregiver(s) are to sign the amended KGAP C21 agreement.

(b) ODJFS is to provide a copy of the amended KGAP C21 agreement to the kinship caregiver(s) and retain the original in the case record.

(c) ODJFS is to provide the kinship caregiver(s) with the JFS 04059.

(2) If the kinship caregiver(s) and ODJFS cannot agree on the amendment requested by the kinship caregiver(s) or ODJFS, the following is to occur:

ODJFS is to provide the kinship caregiver(s) with a JFS 07334, and a JFS 04059 explaining the right to request a state hearing.

(R) The kinship caregiver(s) is to notify ODJFS within fifteen calendar days of the date of any of the following:

(1) The kinship guardianship young adult's primary health care insurance coverage changes from medicaid to private health care insurance. The kinship caregiver(s) is to complete an ODM 06612 "Health Insurance Information Sheet" as a result of this change.

(2) The kinship caregiver(s) or kinship guardianship young adult relocates.

(3) The kinship guardianship young adult enlists in the military.

(4) The kinship guardianship young adult has married.

(5) The kinship caregiver(s) no longer has caregiver responsibility for the kinship guardianship young adult.

(6) The kinship guardianship young adult is no longer eligible pursuant to paragraph (A) of this rule.

(S) The KGAP C21 agreement will terminate when any of the following circumstances apply:

(1) At the end of the month of the kinship guardianship young adult's twenty-first birthday.

(2) If the kinship caregiver(s) no longer has caregiver responsibility for the kinship guardianship young adult as defined in paragraph (A)(5) of this rule.

(3) If the kinship caregiver(s) requests to terminate the KGAP C21 agreement.

(4) If the kinship caregiver(s) dies and there is no successor guardian(s) named on the KGAP C21 agreement.

(5) If the kinship guardianship young adult dies.

(6) If the kinship guardianship young adult marries.

(7) If the kinship guardianship young adult enlists in the military.

(T) ODJFS will propose to terminate the KGAP C21 agreement under any of the following circumstances:

(1) ODJFS denies eligibility for KGAP C21 at semiannual redetermination.

(2) ODJFS denies the amount of monthly payment requested by the kinship caregiver(s).

(3) ODJFS proposes to terminate the payment specified on the current KGAP C21 agreement.

(4) ODJFS denies a request by the kinship caregiver(s) to amend the payment amount or provision of service terms of the current KGAP C21 agreement.

(U) If ODJFS proposes to terminate the KGAP C21 agreement due to any of the circumstances listed in paragraph (S) or (T) of this rule, ODJFS is to provide the following to the kinship caregiver(s) thirty calendar days prior to the termination date:

(1) The JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination" form.

(2) The JFS 04059 "Explanation of State Hearing Procedures."

(V) If ODJFS proposes to terminate the KGAP C21 agreement, and the kinship caregiver(s) has requested a state hearing, the following is to apply:

(1) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, the KGAP C21 agreement is to continue to be in effect until a state hearing decision is issued.

(2) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice and the hearing decision is favorable to the kinship caregiver(s), the KGAP C21 agreement is to remain in effect or an amended KGAP C21 agreement may be entered into by mutual agreement.

(3) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice and the hearing decision is to terminate the KGAP C21 agreement as specified in paragraph (S) or (T) of this rule, the kinship caregiver(s) is not required to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested, the KGAP C21 agreement is to be terminated. Following the termination, the kinship caregiver(s) may reapply for KGAP C21 at any time prior to the kinship/guardianship young adult attaining the age of twenty-one.

(W) If the KGAP C21 agreement is terminated, ODJFS is to:

(1) Send the JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination" form to the kinship caregiver(s).

(2) Send the ODM 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" to the kinship caregiver(s).

Last updated February 9, 2026 at 4:21 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-55-03 Payments for kinship guardianship assistance program connections to twenty-one (KGAP C21).

(A) The maximum amount of the monthly kinship guardianship assistance program connections to twenty-one (KGAP C21) payment is to be equal to or less than the kinship guardianship assistance program (KGAP) payment that was provided to the kinship caregiver at the time of the young adult being committed to their legal custody or guardianship, unless the Ohio department of job and family services (ODJFS) and the family agree to negotiate a lower monthly rate.

(B) If the kinship/guardianship young adult receives supplemental social security income (SSI) benefits, the kinship/guardianship young adult may receive KGAP C21 and SSI concurrently. If there is concurrent receipt of payments from both programs, the social security administration will decrease the monthly SSI benefit by the monthly KGAP C21 payment amount. It is the responsibility of the kinship/guardianship custodian(s) to advise the social security administration that the kinship/guardianship young adult is in receipt of KGAP C21 funds.

(C) If ODJFS and the kinship caregiver(s) cannot mutually agree on the monthly KGAP C21 payment amount after negotiating for at least thirty days, ODJFS is to provide the kinship caregiver(s) with the following:

(1) A written notice which is to contain a clear and understandable statement that all parties were not in agreement and the right to a state hearing.

(2) The JFS 04059 "Explanation of State Hearing Procedures."

Last updated February 9, 2026 at 4:21 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Chapter 5180:2-56 State Kinship Guardianship Assistance Program

Ohio Adm.Code 5180:2-56-01 Administration of the state kinship guardianship assistance program (KGAP).

(A) The state kinship guardianship assistance program (KGAP) provides financial payments to eligible kinship caregivers who have been granted legal custody or guardianship of a child that was previously in the custody of a public children services agency (PCSA). The Ohio department of job and family services (ODJFS) and the PCSA are to coordinate to administer the program pursuant to section 5153.163 of the Revised Code. ODJFS is to provide payments to the extent funds are appropriated and allocated for this purpose.

(B) The PCSA is to provide the JFS 00128 "Application for State Kinship Guardianship Assistance Program (KGAP) Payments" to any kinship caregiver(s) upon request and determine eligibility as outlined in rule 5101:2-56-03 of the Administrative Code.

(C) Kinship caregiver(s) as defined in rule 5101:2-1-01 of the Administrative Code includes any individual who meets one of the following:

(1) An individual who had an existing relationship with the child or the child's family that is similar to a familial relationship prior to the child's placement into substitute care; or

(2) An individual who is a member of a child's current foster family that does not wish to pursue adoption of the child but a court has made a finding pursuant to sections 2151.4119 and 2151.4120 of the Revised Code that the child's current foster family has a kin relationship with the child.

(D) The PCSA that had custody of a child immediately prior to a court granting legal custody or guardianship of the child to a kinship caregiver of is authorized to enter into a state kinship guardianship assistance agreement with that kinship caregiver.

(E) The monthly amount of the state KGAP payment is determined by negotiation and mutual agreement between the kinship caregiver(s) and ODJFS. State KGAP payments are to be negotiated as follows:

(1) The state KGAP payment for a child is to be eighty per cent of the child's current foster care per diem unless this would result in a state KGAP payment of less than three hundred-fifty dollars.

(2) For any child for whom the requirement in paragraph (F)(1) of this rule would result in a state KGAP payment of less than three hundred fifty dollars, the state KGAP payment is to be three hundred fifty dollars or the child's current foster care per diem amount, whichever is lower.

(3) ODJFS and the kinship caregiver(s) can mutually agree to a lower payment.

(F) The child's supplemental security income (SSI) benefits are to be considered along with the kinship caregiver(s) resources in the negotiation and determination of the state KGAP payment amount.

(G) The kinship caregiver(s) is to notify the social security administration if the child receives SSI benefits. The child may receive state KGAP and SSI concurrently if the child receives SSI. If there is concurrent receipt of payments from both programs, the social security administration will decrease the monthly SSI benefit by the monthly state KGAP payment amount.

(H) If ODJFS and the kinship caregiver(s) cannot mutually agree on the monthly state KGAP payment amount after thirty days from the initial negotiation meeting, ODJFS is to notify the kinship caregiver(s) of their rights to a state hearing in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(I) If an overpayment or an underpayment of a state KGAP payment occurs, ODJFS is to take immediate action to correct either situation as soon as information is received.

(1) An underpayment occurs when one of the following circumstances exist:

(a) The kinship caregiver(s) of a state KGAP child does not receive a payment they are entitled to according to the current agreement.

(b) The kinship caregiver(s) of a state KGAP child receives a payment less than the amount they are entitled to according to the current agreement.

(2) An overpayment occurs when a kinship caregiver(s) receives a payment amount they are not entitled to because of the following reasons.

(a) The payment was made in excess of the agreed upon amount.

(b) The child for whom a state KGAP payment was made was not eligible for such payment the month the payment was made.

(J) ODJFS is responsible for reviewing payment records for state KGAP cases to determine if an overpayment has occurred. If an overpayment has occurred, ODJFS is to:

(1) Adjust the overpayment in Ohio SACWIS. Adjustment of the payment is to be effective on the first day of the month following the month in which the change occurred.

(2) Provide notification to the kinship caregiver(s) when an overpayment is found and identify what action ODJFS proposes to take with regard to the payment.

(3) Send notification to the kinship caregiver(s) of the right to request a state hearing in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(K) A review of the kinship caregiver's agreement may be requested by the successor guardian named in the state KGAP agreement in the event of the death or incapacitation of the kinship caregiver(s). The successor guardian and ODJFS will enter into a new JFS 00129 "State Kinship Guardianship Assistance Program Agreement" to reflect the change in guardian if the criteria in this rule are met. ODJFS is to ensure the following prior to payment:

(1) Verification of the primary successor legal guardian named in the kinship caregiver(s) JFS 00129 or in any amendments to the agreement. The successor guardian named cannot be the parent of the child.

(2) Termination date of the kinship caregiver(s) JFS 00129 pursuant to rule 5101:2-56-06 of the Administrative Code.

(3) Completion of background checks for the primary successor legal guardian and all adult household members in accordance with rules 5101:2-5-20, 5101:2-5-24, 5101:2-5-30 and 5101:2-5-09.1 of the Administrative Code. The PCSA in the county in which the successor guardian resides is to assist in completing the required background checks. If the successor guardian resides out of state, the PCSA that previously held custody of the child is to assist.

(4) If residing in another state, ODJFS is to ensure the kinship caregiver(s) has complied with the background check requirements of that state.

(5) Signed JFS 00129 between the primary successor legal guardian and ODJFS.

(6) The successor guardian is granted legal custody or guardianship.

(L) ODJFS is to approve state KGAP funding for eligible caregivers as long as state funds are available. In the event state funding is no longer available, the state KGAP program will close to new applications until July first of the following state fiscal year (SFY). Once state funds have been exhausted, neither ODJFS nor the PCSA may be held responsible for payment.

Last updated February 9, 2026 at 7:21 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-56-02 Eligibility for state kinship guardianship assistance program (KGAP).

(A) The public children services agency (PCSA) is to use the following criteria to determine eligibility for the state kinship guardianship assistance program (KGAP):

(1) The kinship caregiver(s) has completed the JFS 00128 "Application for State Kinship Guardianship Assistance Program Payments."

(2) The kinship caregiver(s) has obtained foster home certification in accordance with Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. The kinship caregiver(s) has maintained their certification until the court granted custody or legal guardianship of the child.

(3) A determination has been made that the child is not eligible for the federal kinship guardianship assistance program.

(4) The child has been placed in the kinship caregiver's home through voluntary placement agreement or as a result of a judicial determination that continuation in the removal home would be contrary to the welfare of the child.

(5) The child has resided in the kinship caregiver's home for six consecutive months as a foster care placement during the most recent custody episode.

(6) The child has a special need. The child is a child with a special need if the removal parent was unable to reunify with the child.

(7) The case plan for the child is to be in accordance with rule 5101:2-38-05.2 of the Administrative Code.

(B) In addition to the criteria listed in paragraph (A) of this rule, the PCSA has determined the following:

(1) That reunification or adoption are not appropriate permanency options.

(2) The child has a strong attachment to the kinship caregiver and the kinship caregiver has a strong commitment to permanency for the child.

(3) The JFS 00129 "State Kinship Guardianship Assistance Program Agreement" was signed by the kinship caregiver(s) prior to the legal custody or guardianship judgement.

(4) The youth aged fourteen and older was consulted regarding the kinship guardianship arrangement.

(5) The kinship caregiver has named a successor guardian. The successor guardian named in a completed JFS 00129 cannot be the parent of the child.

(C) An applicant is eligible for payments under the state KGAP program if all the requirements in paragraphs (A) and (B) of this rule are met.

(D) Any sibling of a child in receipt of state KGAP payments who is placed with the same relative is eligible to receive state KGAP payments under a kinship guardianship arrangement if the PCSA determines this as an appropriate placement.

(E) The PCSA is to make copies of its policy regarding state kinship guardianship assistance program eligibility available to kinship caregiver(s) applicants and the public upon request in accordance with section 5153.163 of the Revised Code.

Last updated February 9, 2026 at 7:21 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-56-03 Public children services agency (PCSA) eligibility determination of the state kinship guardianship assistance program (KGAP).

(A) The PCSA is to determine eligibility and coordinate with the Ohio department of job and family services (ODJFS) to complete all procedures related to the administration of the state kinship guardianship assistance program. The PCSA is to:

(1) Determine the child's eligibility status within thirty days of a request by the kinship caregiver to apply for state kinship guardianship assistance payments. The PCSA will determine eligibility using the criteria outlined in rule 5101:2-56-02 of the Administrative Code.

(2) Provide the JFS 00128 "Application for State Kinship Guardianship Assistance Program Payments" to any kinship caregiver(s) upon request.

(B) The PCSA is to inform ODJFS that the applicant(s) are eligible for state KGAP.

(C) ODJFS will complete the negotiation process with the kinship caregiver(s) including the completion of the JFS 00129 "State Kinship Guardianship Assistance Program Agreement." A completed agreement will name a successor guardian. The successor guardian cannot be the parent in accordance with section 42 U.S.C. 673(d)(3)(C) effective September 29, 2014. Once the JFS 00129 is completed, ODJFS is to sign the form, obtain the signature of the kinship caregiver(s) and send the documents to the PCSA director or designee for signatures.

(D) ODJFS is to obtain the signature(s) of the kinship caregiver(s) and the PCSA director or designee pursuant to section 5153.163 of the Revised Code prior to the court issuing an order granting legal custody or guardianship to the kinship caregiver(s).

(E) The PCSA is to ensure the JFS 00129 has been completed with all needed signatures prior to the court issuing a final order granting legal custody or guardianship to the applicant.

(F) The PCSA is to establish and maintain policy and procedures governing its state kinship guardianship assistance program eligibility process in accordance with section 5153.163 of the Revised Code and Chapter 5101:2-56 of the Administrative Code.

(G) The PCSA is to document, in the PCSA's policy, a description of the opportunity for a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(H) The PCSA is to file a motion for legal custody or guardianship to be granted to the kinship caregiver(s) named in the approved application once the agreement date is entered into Ohio statewide automated child welfare information system (SACWIS).

(I) The PCSA is to ensure legal status change entry into Ohio SACWIS within ten days from the receipt of the journalized court order granting the kinship caregiver(s) legal custody or guardianship.

(J) The PCSA is to provide a copy of the court order to ODJFS.

(K) Upon the kinship caregiver(s) being granted legal custody or guardianship, they are to apply for Ohio works first (OWF) cash assistance within thirty days of the court date in which the kinship caregiver(s) are granted legal custody or guardianship. The kinship caregiver(s) may also apply for medicaid. If the kinship caregiver(s) do not apply for OWF cash assistance within sixty days of the court date, the agreement may be terminated. The following applies to kinship caregivers who reside out of state:

(1) The kinship caregiver is to apply for cash assistance or the equivalent of OWF in the state where they reside within thirty days of the court date in which the kinship caregiver(s) are granted legal custody or guardianship.

(2) If the kinship caregiver(s) do not apply for cash assistance within sixty days of the court date, the agreement may be terminated.

(3) ODJFS will continue to be responsible for the case management of the state KGAP case.

(L) ODJFS is to approve state KGAP funding for eligible caregiver(s) as long as state funds are available. In the event state funding is no longer available, the state KGAP program will close to new applications until July first of the following state fiscal year (SFY). Once state funds have been exhausted, neither ODJFS nor the PCSA may be held responsible for payment.

Last updated February 9, 2026 at 7:21 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-56-04 Requirements for state kinship guardianship assistance program (KGAP) past age eighteen.

(A) State KGAP is available for an eligible child whose kinship caregiver(s) enter into an initial state KGAP agreement prior to the age of eighteen or older beyond the end of the school year during which the child attains the age of eighteen.

(B) State KGAP is available for a child with a physical/mental disability or medical condition who is between the age of eighteen and twenty-one with an existing state KGAP agreement if the child meets one of the requirements identified in paragraphs (B)(1) to (B)(5) of this rule and the kinship caregiver(s) is supporting the child. The ongoing medical treatment of the physical/mental disability or medical condition is to be verified for continued eligibility by a culturally competent qualified professional in the professional's scope of practice. The child is considered to have a physical/mental disability or medical condition if any of the following apply:

(1) A designated social security administration claims representative has determined that the child meets the disability criteria and is therefore eligible for one of the following:

(a) Title XVI supplemental security income (SSI) benefits.

(b) Social security disability benefits.

(c) Social security benefits due to the death or disability of the biological parent(s).

(2) The child has been diagnosed by a culturally competent qualified professional in the professional's scope of practice who is not responsible for providing public casework services to the child. For the purpose of this rule, a qualified professional is an individual who is the following: an audiologist, orthopedist, physician, certified nurse practitioner, physician assistant, psychiatrist, psychologist, school psychologist, licensed marriage and family therapist, speech and language pathologist, a licensed independent social worker, licensed professional clinical counselor, a licensed social worker who is under the direct supervision of a licensed independent social worker or a licensed professional counselor who is under the direct supervision of a licensed professional clinical counselor.

(3) The kinship caregiver is to provide the Ohio department job and family services (ODJFS) with a clear written statement from a qualified professional that the child is substantially limited in one or more major life activities, including self-care and the overall capacity for self-sufficiency/meeting the ordinary demands of life. This statement is to include an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs. The child's documented disability is the direct result of one of the following:

(a) A developmental disability, as defined in 28 C.F.R. 35.108 [August 11, 2016] and section 5123.01 of the Revised Code.

(b) A medical condition causing permanent distress, pain, dysfunction, or social problems diagnosed by a qualified professional that results in ongoing medical treatment. The medical condition is to be diagnosed prior to legal custody/guardianship or can be attributable to factors or conditions in the child's or birth family's history that existed prior to legal custody/guardianship.

(c) Mental illness, as defined in section 5122.01 of the Revised Code.

(4) The child is participating in one of the following rehabilitation programs or a program equivalent in the state where the child resides:

(a) Vocational rehabilitation, as evidenced by the implementation of an individual plan of employment (IPE), administered by the bureau of vocational rehabilitation through opportunities for Ohioans with disabilities.

(b) Services for the visually impaired, as evidenced by the implementation of an IPE, administered by the bureau of services for the visually impaired through the opportunities for Ohioans with disabilities.

(5) The child is in the process of obtaining a secondary education and meets the eligibility criteria for a child with a disability receiving special education and related services from the Ohio department of education (ODE), local education agency or school district or a program equivalent in the state where the child resides. The kinship caregiver(s) is responsible for providing official documentation from the school that the child is attending and participating in special education services.

(6) The child is eligible for services administered through the department of developmental disabilities (DODD), as evidenced by the implementation of an individual service plan (ISP).

(C) A clear statement documenting the child's physical/mental disability or medical condition is to be accompanied by an assessment, evaluation, or update within the last twelve months from the qualified professional including an opinion as to the prognosis and recommendations for future treatment needs.

(D) If the kinship caregiver(s) requests to continue the state KGAP payment beyond age eighteen due to any of the requirements identified in paragraph (B) of this rule, ODJFS is to do one of the following:

(1) Amend the state KGAP agreement to begin the state KGAP monthly payment based on the date of eligibility for any of the programs identified in paragraph (B)(1) of this rule.

(2) Notify the kinship caregiver(s) of the intent to amend the JFS 00129 "State Kinship Guardianship Assistance Program (KGAP) Agreement" to a state KGAP agreement with no payment pending the approval of any program outlined in paragraph (B) of this rule and provide the kinship caregiver(s) with notification of state hearing rights.

(3) Notify the kinship caregiver(s) of the intent to terminate the state KGAP agreement, at age eighteen, if eligibility is denied based on any of the requirements identified in paragraph (B) of this rule.

(a) If the kinship caregiver(s) requested a state hearing within fifteen days of the date the termination notice was issued then ODJFS continues the state KGAP until the hearing decision has been rendered.

(b) If the kinship caregiver(s) has not requested a state hearing within fifteen days of the date the termination notice was issued, ODJFS is to terminate the state KGAP agreement.

(E) It is the responsibility of the kinship caregiver(s) to provide ODJFS with documentation that application has been made for any services the child needs in paragraph (B) of this rule.

(F) ODJFS is to advise the kinship caregiver(s) of all necessary documentation that is to be submitted to continue a state KGAP agreement.

(G) For cases in which the year and month the child was born can be established, but not the exact day, the first of the month is used as the child's birth date.

Last updated February 9, 2026 at 7:21 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-56-05 Reimbursement of nonrecurring state kinship guardianship assistance program (KGAP) expenses.

(A) The following definitions are applicable to this rule and supersede any definition contained in rule 5101:2-1-01 of the Administrative Code.

(1) "Nonrecurring State KGAP expenses" are reasonable and necessary legal custody/guardianship fees, court costs, attorney fees, and in accordance with paragraph (A)(2) of this rule, other expenses directly related to the court issuing an order granting legal custody/guardianship of a child. These expenses cannot be incurred in violation of state or federal law and cannot be reimbursed from other sources or funds.

(2) "Nonrecurring other expenses directly related to the legal custody/guardianship of a child" as specified in paragraph (A)(1) of this rule refers to the costs of the court issuing an order granting legal custody/guardianship incurred by or on behalf of the kinship caregiver(s) and for which the kinship caregiver(s) carries the ultimate liability for payment. These are the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child.

(B) The Ohio department of job and family services (ODJFS) is to notify anyone inquiring about legal custody/guardianship services through the agency of the availability of funds for the reimbursement of nonrecurring KGAP expenses and the application process.

(C) ODJFS is to enter into an agreement with the kinship caregiver(s) of a child for the payment of nonrecurring state KGAP expenses for which the kinship caregiver(s) has not otherwise been reimbursed, not to exceed two thousand dollars for each child.

(D) ODJFS is to inform a kinship caregiver(s) who inquires about legal custody/guardianship services through the agency that the JFS 00134 "Application for Reimbursement of Nonrecurring State Kinship Guardianship Assistance Program (KGAP) Expenses" is to be submitted to ODJFS and approved prior to the court issuing an order granting legal custody/guardianship. The JFS 00134 cannot be considered for approval retroactively.

(E) The kinship caregiver(s) and ODJFS are to sign the JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement," prior to the court issuing an order granting legal custody/guardianship or disruption prior to the court issuing an order granting legal custody/guardianship, if applicable. The JFS 00135 cannot be entered into after the court has issued an order granting legal custody/guardianship.

(F) ODJFS is not to consider the race, color, religion, sex, age, disability, or national origin of a kinship caregiver(s) or of the child, when entering into a JFS 00135.

(G) If siblings are placed with the state KGAP eligible child, either separately or together, each child is to be treated as an individual. A separate JFS 00134 and JFS 00135 is to be executed for each child.

(H) ODJFS is not to apply an income eligibility requirement (means test) to the kinship caregiver(s) in determining whether payment or reimbursement for nonrecurring state KGAP expenses are to be made.

(I) The kinship caregiver(s) is to submit to ODJFS a request for payment or reimbursement and proof of the expenditures for nonrecurring expenses incurred during the legal custody/guardianship process within one year of the court issuing an order granting legal custody/guardianship or disruption prior to the court issuing an order granting legal custody/guardianship, if applicable.

(J) For each JFS 00135 executed, ODJFS is to maintain documentation in the child's case record to verify compliance with this rule.

(K) The state hearing policies and procedures contained in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code apply to individuals applying for benefits under this rule.

Last updated February 9, 2026 at 7:21 PM

History

• Effective: January 22, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-56-06 Termination of the state kinship guardianship assistance program (KGAP) payments.

(A) The Ohio department of job and family services (ODJFS) is to terminate the state kinship guardianship assistance program (KGAP) if any of the following circumstances occur:

(1) The kinship caregiver(s) fail to apply for Ohio works first (OWF) cash assistance within sixty days of the journal entry granting the kinship caregiver legal custody or guardianship.

(2) The death of the child or the kinship caregiver.

(3) The kinship caregiver(s) are no longer financially supporting the child.

(4) The child reaches the age of eighteen. If the child is enrolled in school, payment will terminate at the end of the school year in which the child turns eighteen years of age.

(5) The terms of the state kinship guardianship assistance agreement have been fulfilled.

(6) The kinship caregiver requests termination.

(7) The successor guardian named in the kinship caregiver's JFS 00129 "State Kinship Guardianship Assistance Program Agreement" request to enter into a new agreement due to the death or incapacitation of the kinship caregiver pursuant to rule 5101:2-56-01 of the Administrative Code.

(8) The child enlists in the military. For the purpose of this rule, enlistment in the military is defined as the date of report for active duty.

(9) The child marries.

(B) ODJFS is to send notification of the termination using the JFS 00126 "State Kinship Guardianship Assistance Program (KGAP) Notice of Adverse Action" and the JFS 04065 "Prior Notice of the Right to a State Hearing" at least fifteen days prior to the effective date of the termination and include the reason for the termination and an explanation of the right to a state hearing pursuant to section 5101.35 of the Revised Code and Chapters 5101:6 to 5101:6-9 of the Administrative Code.

Last updated February 9, 2026 at 11:30 PM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5180:2-56-07 State kinship guardianship assistance program record (KGAP) requirements.

(A) The Ohio department of job and family services (ODJFS) is to maintain a state kinship guardianship assistance program (KGAP) case record that is available upon request.

(B) The case record is to contain documentation which supports the public children services agencies' (PCSA) actions in determining eligibility for state KGAP. The case record is to include the following information, when applicable:

(1) A copy of the signed JFS 00128 "Application For State Kinship Guardianship Assistance Program (KGAP) Payments," even if the kinship caregiver(s) declines.

(2) A copy of the signed JFS 00129 "State Kinship Guardianship Assistance Program (KGAP) Agreement" and amendments.

(3) A copy of the state KGAP eligibility determination in the Ohio statewide automated child welfare information system (SACWIS).

(4) A copy of the journalized court order granting the kinship caregiver(s) legal custody or guardianship.

(5) A copy of the JFS 00134 "Application for Reimbursement of Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses" and the JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement."

(6) A copy of the JFS 00126 "State Kinship Guardianship Assistance Program (KGAP) Notice Of Adverse Action."

(7) A copy of all state hearing, administrative appeal and judicial review documentation.

(8) A copy of the interstate compact and KGAP medical assistance forms.

(C) For state KGAP applications received from a kinship caregiver(s) who resides out of state, the case record is to include a copy of forms which contain, at a minimum, the information required by the JFS 00128 "State Kinship Guardianship Assistance Program (KGAP) Application" or equivalent.

(D) The state KGAP record is to be retained in Ohio SACWIS.

Last updated February 11, 2026 at 5:19 AM

History

• Effective: January 1, 2023
• Promulgated Under: 119.03