Ohio Admin. Code 5101:2-1-01 - 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,
and
5101:2-53, 5101:2-55 and 5101:2-56 of the
Administrative Code.
(B)
Definitions.
(13)(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.
(14)(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.
(15)(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.
(16)(17) "Agency" means a
PCSA, private child placing agency (PCPA) or private non-custodial agency (PNA)
certified by ODJFS
Ohio department of children and youth (DCY) .
(17)(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.
(18)(19)
"Allegation" means a described set of circumstances which asserts the
occurrence of child abuse, neglect, or dependency.
(19)(20) "Alleged child
victim" means a child suspected of being or at risk of becoming abused and/or
neglected on a traditional response
report .
(20)(21) "Alleged
perpetrator" is the individual suspected of being responsible for the abuse or
neglect of a child on a traditional response
report .
(21)(22) "Anonymous
reporter" is an unidentified person making a report of alleged child abuse or
neglect.
(22)(23) "Applicant" means
a person who has filed an application form with ODJFS
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.
(23)(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.
(24)(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.
(25)(26) "Assessment"
means comprehensive family assessment and/or risk assessment as defined by this
rule.
(26)(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.
(27)(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,
provides data upon which to make a
disposition regarding a report
allegations of alleged child abuse and/ or neglect if applicable,
and determine whether there is a need for continued involvement with the
PCSA .
(28)(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).
(29)(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.
(30)(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.
(31)(32) "Attorney" is a
person who has been admitted to the bar by order of the Ohio supreme
court.
(32)(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.
(33)(34) "Birth parent" is
a biological parent of an adopted person.
(34)(35) "Birth sibling"
is a biological sibling of an adopted person.
(35)(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.
(36)(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.
(37)(38) "Business Day" is
any day Monday through Friday excluding the
ten federal holidays.
(38)(39) "Calendar day" is
any day in the month including weekends and holidays.
(39)(40)
"Calendar year" means January first through December thirty-first.
(40)(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
his/her
the
child's removal from the home or making reasonable efforts to prevent
such removal.
(41)(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 specified
specifies
prevention services for the child, parent, or kin caregiver
and are being provided by "Center of Excellence"
selected service providers.
(42)(43) "Caregiver" is a
person providing the direct day-to-day care of a child during
the child's
his placement in substitute care.
(43)(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.
(44)(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.
(45)(46) "Case decision"
means the PCSA's determination of whether the case should be closed or
continued for ongoing PCSA services.
(51)(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.
(52)(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.
(53)(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 his
the child's parent, guardian or custodian.
(54)(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
his
the
child's parent, guardian, custodian or substitute caregiver.
(56)(54) "Certificate"
means a document prescribed by ODJFS
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.
(57)(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.
(58)(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.
(59)(57) "Chemical
dependency", pursuant to section
2151.3514 of the Revised Code,
means either of the following:
(60)(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
ODJFS.
(61)(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.
(62)(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.
(63)(61) "Child abuse and
neglect multidisciplinary teams" are groups organized to provide prevention,
identification, diagnosis, treatment and/or consultation on child abuse and
neglect.
(64)(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.
(65)(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
shall
are to
be counted.
(66)(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.
(67)(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.
(68)(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.
(69)(67) "Child stealing"
is the illegal removal of a child from the parent, guardian or custodian who
has legal custody.
(70)(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:
(71)(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.
(72)(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.
(73)(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.
(74)(72)
"Child vulnerability" means the degree to which a child can avoid or modify the
impact of safety threats or risk concerns.
(75)(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.
(76)(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.
(77)(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.
(78)(76)
"Comparable requirement" means a nationally recognized accreditation
organization's standard that equals or exceeds Ohio Administrative Code (OAC)
requirements.
(79)(77) "Comprehensive
Assessment and Planning Model - Interim
Solution" 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.
(80)(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.
(181)(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
shall
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 shall
is to exercise the rights and responsibilities
personally unless otherwise authorized by any section of the Revised Code or by
the court.
(182)(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.
(183)(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
shall
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.
(184)(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
his
their
current level of independence and the services required to help the child
become a self-sufficient adult.
(185)(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.
(186)(187)
"Life-threatening condition" is any condition in which a disabled infant would
die unless medical or corrective surgical treatment is provided.
(187)(188) "Linkage and
practice" means coordination with other components of the independent living
program.
(188)(189) "Living unit"
means one of the following:
(189)(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.
(190)(191) "Management
information system" is the electronic method of arranging client, case and
service data for storage and retrieval.
(191)(192) "Mechanical
restraint" means any device used to prevent or restrict movement as punishment
or for staff convenience. Mechanical restraint is prohibited by
ODJFS
DCY .
(192)(193) "Medical
consultant" is a licensed, board-certified, and practicing pediatrician, or
neonatologist.
(193)(194) "Medical
diagnosis" is the evaluation of a child examined by a licensed physician to
determine if abuse or neglect is medically indicated.
(194)(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.
(195)(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.
(196)(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.
(197)(198) "Mental
illness" is as defined in section
5122.01 of the Revised
Code.
(198)(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.
(199)(200) "Mentally ill
person subject to court order" is as defined in section
5122.01 of the Revised
Code.
(200)(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.
(201)(202) "Neglected
child" is as defined pursuant to
section
2151.03
Chapter 2151. of the Revised Code.
includes any
child:
(202)(203) "Nonidentifying
information" as used in adoption is as defined in section
3107.60 of the Revised
Code.
(203)(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.
(204)(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.
(205)(207) "Organization"
is as defined in section
2151.011 of the Revised
Code.
(206)(208) "Out-of-home
care" is as defined in section
2151.011 of the Revised
Code.
(207)(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:
(208)(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:
(209)(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.
(210)(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 his
their parent, guardian, or custodian while residing
with a relative or kin outside of his or
her
their own home.
(211)(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.
(212)(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.
(213)(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 his
the
child's own home.
(214)(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 shall
is to live and the right to protect, train, and
discipline the child and provide the child with food, shelter, education, and
medical care.
(215)(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.
(216)(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.
(217)(220) "Permanency
plan" shall have
has the same meaning as the family case plan or the
prevention services plan .
(218)(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.
(219)(222) "Permanent
custody" is as defined in section
2151.011 of the Revised
Code.
(220)(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.
(221)(224) "Physical
restraint" means a therapeutic holding technique(s) with the intent to minimize
or prevent harm when the child has lost control of his or her
their
actions in such a way as to threaten harm to self or others. Physical restraint
shall
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 shall
is physical restraint to
be used as punishment or for staff convenience.
(222)(225) " Physical
impairment" is as defined in section
2151.011 of the Revised
Code.
(223)(226) "Physician"
means a person issued a certificate to practice in
accordance with Chapter 4731. of the Revised Code and rules adopted
an individual licensed to practice medicine and
surgery or osteopathic medicine and surgery by the state medical
board or by a comparable body in another state.
(224)(227) "Placement for
adoption" is as defined in section
2151.011 of the Revised
Code.
(225)(228) "Placement in
foster care" is as defined in section
2151.011 of the Revised
Code.
(226)(229) "Plan of safe
care" / "family care plan" means an arrangement
that addresses the treatment needs
immediate safety of the substance exposed and/ or substance affected
infant and
infant, the
treatment needs of the infant, the health and substance use disorder
treatment needs of the parent, guardian, custodian, and
any other caregiver residing in the home
affected family or caregiver. 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:
(227)(230) "Plan for
practice advancement" is a specific plan required by ODJFS
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.
(228)(231) "Planned
permanent living arrangement" is as defined in section
2151.011 of the Revised
Code.
(229)(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.
(230)(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.
(231)(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.
(232)(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.
(233)(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.
(234)(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.
(235)(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.
(236)(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.
(237)(241) "Preschool age
child" means any child from three years of age to five years of age.
(238)(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.
(239)(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
SACWIS 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.
(240)(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.
(241)(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 shall
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.
(242)(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.
(243)(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.
(244)(248) "Private
non-custodial agency (PNA)" means any person, organization, association, or
society certified by ODJFS
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:
(245)(249) "Private,
nonprofit therapeutic wilderness camp" is as defined in section
5103.02 of the Revised
Code.
(246)(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.
(247)(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.
(248)(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.
(249)(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.
(250)(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.
(251)(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.
(252)(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.
(253)(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.
(254)(258) "Putative
father" is as defined in section
3107.01 of the Revised
Code.
(255)(259) "Putative
father registry" is a registry established and maintained by the
ODJFS
DCY to
allow a putative father to register should he
the father wish to
be given notice of a petition to adopt a minor he
the father claims
as his
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
shall
is to be
contacted prior to finalization of the adoption.
(256)(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:
(257)(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.
(258)(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 ODJFS
DCY in
participation with the PCSA.
(259)(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.
(260)(264) "Receiving
state" is a state into which a child is placed by a sending agency.
(261)(265) "Recommending
agency" means a PCSA, PCPA or PNA recommending ODJFS
DCY take any of
the following actions under section
5103.03 of the Revised Code
regarding a foster home:
(e)(c) Revokes a
certificate.
(262)(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
must
are to be
directed at the general public as well as conducted on an individual basis for
specific children.
(263)(267)
"Referent/reporter" means a person making a referral of child abuse, neglect,
dependency, or family in need of services.
(264)(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
orally
or in writing. It includes, but is not limited to, allegations
involving individuals, families, and out-of-home care settings.
(265)(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.
(266)(270) "Relative"
means the following:
(267)(271) "Religious
coercion" may include, but is not limited to:
(268)(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, shall
are to be
counted as one conviction or guilty plea.
(269)(273) "Report" means
a referral accepted by the PCSA as a result of the screening decision for PCSA
assessment/investigation, services, and/or intervention.
(270)(274) "Report
disposition" means one of the following determinations of whether a report of
abuse or neglect has occurred or is occurring specific to an alleged child victim:
(f)(e)
Unsubstantiated
Unable to locate .
(271)(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 his/her
their
sibling(s).
(272)(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
as required by rules 5101:2-36-03, 5101:2-36-04, and
5101:2-36-09 of the Administrative Code.
(273)(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.
(274)(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.
(275)(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.
(276)(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.
(277)(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.
(278)(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.
(279)(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.
(280)(284) "Resource
caregiver" means a foster caregiver or a kinship caregiver.
(281)(285) "Resource
family" means a foster home or the kinship caregiver family.
(282)(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.
(283)(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 his
their
own home.
(284)(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.
(285)(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.
(286)(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.
(287)(291) "Safety
response" means the determination of whether a child is safe or whether a PCSA
shall
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.
(288)(292) "Safety threat"
means an act or condition that has the capacity to seriously harm any
child.
(289)(293) "Screening"
means the process of receiving and recording information from a referent to
determine one or both of the following:
(290)(294) "Screening
decision" means the outcome of the screening process.
(291)(295) "Screened in"
means the PCSA has accepted referral information as a report and assignment for
assessment/investigation.
(292)(296) "Screened out"
means the PCSA has not accepted the referral for
assessment/investigation.
(293)(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.
(294)(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.
(295)(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:
(296)(300) "Sibling" means
a legal relationship exists between two or more children who share at least one
parent by birth, marriage, or adoption.
(297)(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 :
(298)(302) "Shelter" means
the temporary care of children in physically unrestricted facilities pending
court adjudication or disposition.
(299)(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.
(300)(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:
(301)(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:
(302)(306) "Specialized
foster home" means a medically fragile foster home or a treatment foster
home.
(303)(307) "Spousal abuse"
is violence between two caretakers regardless of marital status, and reflects
the presence of domestic violence.
(304)(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
ODJFS
DCY
approved plan for positioning themselves in such a way that residents are
prevented from escaping.
(305)(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.
(306)(310) "State fiscal
year" means the period of time between July first of one year and June
thirtieth of the following year.
(307)(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.
(308)(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:
(309)(313) "Subcontractor"
means any person who by a legal agreement with an agency provides services for
an agency.
(310)(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
has any detectable physical,
developmental, cognitive, or emotional delay or harm which is associated with a
parent, guardian, or custodian's abuse of a legal or illegal substance;
excluding the use of a substance by the parent, guardian, or custodian as
prescribed.
(312)(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 shall
is to meet the
following programmatic criteria:
(313)(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.
(314)(317) "Substitute
care" is the care provided for a child apart from his
their parent or
guardian, while the child's custody is held by a PCSA or PCPA.
(315)(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.
(316)(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.
(317)(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.
(319)(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.
(320)(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.
(321)(323) "Temporary
certificate" means a certificate issued as a sanction by
ODJFS
DCY to a
PCSA, PCPA, PNA pursuant to section
5103.03 of the Revised Code for
a period of less than one year.
(322)(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.
(323)(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.
(324)(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.
(325)(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.
(326)(328) "Third party"
means the requirement that 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.
(327)(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.
(328)(330) "Title IV-E
agency" means a public children services agency or a public entity with whom
the Ohio department of job and family
services
DCY has a Title IV-E subgrant
agreement in effect.
(329)(331) "Toddler" means
any
a child
who is at least
from eighteen months of age but less than three years
to thirty-six months of age.
(330)(332) "Training"
means the training and staff development activities which directly or
indirectly benefit or assist agency staff in the delivery of
services.
(331)(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.
(333)(334)
"Transportation" means arranging for or providing transportation to and from
needed services, resources and facilities.
(334)(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.
(335)(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.
(336)(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.
(337)(338) "Treatment
team" means the group of individuals who formulate, assess, monitor and revise,
as needed, the child's service plan. The treatment team
shall
is to
include, but is not limited to:
(338)(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
shall
is to be
a professional treatment staff member, as defined in
paragraph (B)(334) of this rule, 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
shall
is to
prohibit a treatment team from being co-led by more than one
individual.
(339)(340) "Type A home"
means a
the
permanent residence of the provider
administrator in which child care
or publicly funded child care is provided
for seven to twelve children at one time or a
permanent residence of the administrator in which child care is provided for
four to twelve children at one time if four or more children at one time are
under two years of age. In counting children for the purposes of this
paragraph, any children under six years of age who are related to a licensee,
administrator, or employee and who are on the premises of the type A home shall
be counted. "Type A home" does not include a residence in which the needs of
children are administered to, if all of the children whose needs are being
administered to are siblings of the same immediate family and the residence is
the home of the siblings. "Type A home" does not include a child day
camp.
(340)(341) "Type B home,"
means a
the
permanent residence of the provider in which child care
services are
is provided for one to six children at one time and
in which no more than three children
may be
are
under two years of age at one time.
(341)(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.
(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
child," pursuant to section
2151.031 of the Revised
Code.
Code, includes
any child who:
(a) Is the victim of sexual activity
as defined under Chapter 2907. of the Revised Code, where such activity would
constitute an offense under Chapter 2907. of the Revised Code except that the
court need not find that any person has been convicted of the offense in order
to find that the child is an abused child.
(b) Is endangered as defined in
section 2919.22 of the Revised Code, except that the court need not find that
any person has been convicted under section 2919.22 of the Revised Code in
order to find that the child is an abused child.
(c) Exhibits evidence of any
physical or mental injury or death, inflicted other than by accidental means,
or an injury or death which is at variance with the history given of it. Except
as provided in this definition, a child exhibiting evidence of corporal
punishment or other physical disciplinary measure by a parent, guardian,
custodian, person having custody or control, or person in loco parentis of a
child is not an abused child under this definition if the measure is not
prohibited under section 2919.22 of the Revised Code.
(d) Because of the acts of his
parents, guardian, or custodian, suffers physical or mental injury that harms
or threatens to harm the child's health or welfare.
(e) Is subjected to out-of-home care
child abuse.
(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
his/her
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.
(46) "Case disposition" means the
determination of whether or not abuse or neglect has occurred or is occurring
and reflects the highest report disposition in the following ranking order from
highest to lowest:
(a) Substantiated.
(b) Indicated.
(c) Unsubstantiated.
(d) Family moved - unable to
complete assessment/investigation.
(e) Family moved out of county -
refer to appropriate PCSA.
(f) Unable to
locate.
(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
his 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" 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.
(55) "Central registry report" is
the report of an incident of alleged child abuse or neglect submitted by the
PCSA to ODJFS to determine whether prior reports have been made in other
counties concerning the child or other principals of the case.
(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.
(a) Dependency.
(b) Alternative response.
(c) Family in need of services
report.
(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.
(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
shall
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.
includes any child who
does any of the following:
(a) Any child, except a juvenile
traffic offender, who violates any law of this state or the United States, or
any ordinance of a political subdivision of the state, that would be an offense
if committed by an adult;
(b) Any child who violates
any lawful order of the court made under this chapter
or under Chapter 2151. of the Revised Code other
than an order issued under section 2151.87 of the Revised Code;
(c) Any child who violates division
(C) of section 2907.39, division (A) of section 2923.211, or division (C)(1) or
(D) of section 2925.55 of the Revised Code;
(d) Any child who is a habitual
truant and who previously has been adjudicated an unruly child for being a
habitual truant;
(e) Any child who is a chronic
truant.
(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
shall
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 his
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
Ohio department of job and family services
(ODJFS)
DCY to facilitate one or more of
the following types of services to a family:
(b)(c) Child
fatality, non-child abuse/neglect
fatalities that are not a result of abuse or
neglect.
(c)(d) Courtesy
supervision.
(d)(e) Deserted child/safe haven .
(a) Adoption subsidy only.
(b)
Alternative
response required non-lead PCSA contacts.
(e) Emancipated
youth.
(f) Home
evaluation/visitation assessment
evaluations/visitation assessments.
(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
infants
infant
of incarcerated mothers
mother .
(l) Preventive services.
(m) Required non-lead PCSA
interview
interviews.
(n) Stranger danger investigation
investigations.
(o) Unruly/delinquent
or delinquent
youth.
(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
his or her
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 ODJFS
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 ODJFS
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, shall
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 -
Interim Solution") 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 two
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
his/her
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 his
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 shall
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 his or
her
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:
(d)(e) Information and/or
referral.
(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.
(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 his
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
Has
sanctioned or continued access to the alleged child victim.
(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.
(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.
(a) Who is abandoned by the child's
parents, guardian, or custodian.
(b) Who lacks adequate parental care
because of the faults or habits of the child's parents, guardian, or
custodian.
(c) Whose parents, guardian, or
custodian neglects the child or refuses to provide proper or necessary
subsistence, education, medical or surgical care or treatment, or other care
necessary for the child's health, morals, or well being.
(d) Whose parents, guardian, or
custodian neglects the child or refuses to provide the special care made
necessary by the child's mental condition.
(e) Whose parents, legal guardian,
or custodian have placed or attempted to place the child in violation of
sections 5103.16 and 5103.17 of the Revised Code.
(f) Who, because of the omission of
the child's parents, guardian, or custodian, suffers physical or mental injury
harming or threatening to harm the child's health or welfare.
(g) Who is subject to out-of-home
care child neglect.
(h) Nothing in Chapter 2151. of the
Revised Code shall be construed as subjecting a parent, guardian, or custodian
of a child to criminal liability when soley in the practice of religious
beliefs, the parent, guardian, or custodian fails to provide adequate medical
or surgical care or treatment for the child.
(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.
(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.
(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.
(218)
"Peace officer
support employee" is as defined pursuant to section
2151.3515 of the Revised
Code.
(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.
(a) Basic identifying information of the
infant, parent, guardian, cusodian, and any other
caregiver residing in the home
and
caregiver(s): name, date of birth, phone
number, and address.
(b)
Hospital or medical facility where the infant was
delivered and/or transferred to, if applicable
is being treated: name of
medical facility , address, contact person, and
phone number
physician.
(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
mother, father and/or caregiver: 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.
(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.
(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.
(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).
(a) Issues a
certificate;
(b) Denies a
certificate;
(c) Renews a
certificate;
(d) Denies renewal of a certificate;
or,
(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)(266)(a)
(B)(270)(a) of this rule.
(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.
(a)
Substantiated
Family moved -
unable to complete assessment/investigation.
(b)
Indicated
Family moved
out-of-county - refer to appropriate PCSA.
(c)
Indicated
Unsubstantiated .
(d)
Substantiated
Family moved-
unable to complete assessment/investigation .
(e) Unable to
locate.
(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.
(a) Is
life-threatening.
(b) Substantively
retards
impairs the child's mental health or
development.
(c) Produces
substantial physical suffering, disfigurement or disability, whether temporary
or permanent.
(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 his/her
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.
(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
his/her
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
his/her
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.
(a)
Medical and surgical costs as determined by a licensed physician. If the child
has a medical problem needing treatment, investigation
shall
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 shall
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.
(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.
(311) "Substance exposed infant"
means a child under the age of twelve months who has been subjected to legal or
illegal substance abuse while in utero.
(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.
(318) "Supplemental plan" means a
written plan for a child outlining the agency's plan to locate a permanent
placement for the child and which may be developed concurrently with the case
plan.
(332) "Transfer" means an agreement
between two recommending agencies and a foster or adoptive parent for
transferring the responsibility for future utilization, supervision and
recertification or updates of a homestudy from one agency to
another.
(a) A
treatment team leader;
(b) Case
managers or therapists from agencies providing social, medical or mental health
services to the child and his
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
his
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.
(a) In counting children for the
purposes of this rule, any children under six years of age who are related to
the provider and who are on the premises of the type B home shall be counted.
Children six years of age or older who are related to the provider and who are
on the premises of the "type B home" shall not be included in this
count.
(b) A "type B home" also includes a
home which is the permanent residence of both the provider and the
parent.
(342) "Unaccompanied refugee minor"
is a person who has not yet reached eighteen years of age, or such higher age
as the ODJFS has provided for in its child welfare plan under Title IV-B of the
social security act, and who entered the United States unaccompanied by and not
destined to:
(a) A parent; or
(b) A close non parental adult
relative who is willing and able to care for the minor; or
(c) An adult with a court claim to
custody of the minor; and
(d) Who has no parent(s) in the
United States.
(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 ODJFS
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 his
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 ODJFS
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.
Notes
Promulgated Under: 119.03
Statutory Authority: 2151.412, 2151.421, 5103.03, 5103.6018, 5103.617, 5153.166
Rule Amplifies: 2151.01, 2151.011, 2151.031, 2151.421, 5103.03, 5153.16
Prior Effective Dates: 12/30/1966, 10/02/1980, 01/14/1983, 04/01/1986, 06/14/1986, 08/01/1986, 10/01/1986, 01/01/1987, 04/01/1987, 09/28/1987 (Emer.), 12/27/1987, 01/01/1988, 02/01/1988, 01/01/1989, 01/01/1990, 06/01/1990, 07/01/1990, 07/02/1990 (Emer.), 10/01/1990, 01/01/1991, 01/13/1992 (Emer.), 07/01/1994, 09/18/1996, 02/18/1998 (Emer.), 05/14/1998, 03/18/1999 (Emer.), 06/17/1999, 10/15/2001, 01/01/2007, 10/01/2009, 06/01/2011, 08/01/2013, 07/01/2016, 10/01/2017, 06/01/2019, 04/01/2021, 08/06/2021, 01/01/2023
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.