(A) A public children services agency (PCSA)
is to
shall
attempt to obtain, at a minimum, the following information from a
referent/reporter making a referral regarding child safety, risk of child
maltreatment or need for services
in order
to determine an intake category and arrive at a screening decision. Receipt of
all
of the following information is not
required
in order to screen in a report or
to categorize the information as information and/or referral:
(1) The name(s) and address(es) of the child
and
the child's parent(s), guardian(s), or
custodian(s)
his parent, guardian or
custodian and all household members.
(2) The child's age.
(3) The child's and any
other individual's
family member's race and ethnicity.
(4) The type, extent, frequency,
and duration
, and
incident date(s) of the abuse, neglect
, or
dependency, as applicable.
(5)
Alleged perpetrator's access to the child, if applicable.
(6) The child's current condition.
(7) The child's current location.
(8) Circumstances regarding the abuse,
neglect, or dependency or the circumstances indicating a need for PCSA
services.
(9) Information regarding
any evidence of previous injuries, abuse, or neglect.
(10) Any other information that might be
helpful in establishing the cause of the known or suspected injury, abuse, or
neglect or the known or suspected threat of injury, abuse, or neglect or the
case circumstances that support the family is in need of PCSA
services.
(B)
The PCSA may request that a referent/reporter
providing information submit the allegations in writing. The PCSA
is
shall not
to delay making the screening decision
if
while
waiting for
the written information from
the referent/reporter.
(C) All
information reported to a PCSA alleging known or suspected child abuse,
neglect, or dependency, or indicating a family is in need of PCSA services
is to
shall
be recorded in
Ohio's comprehensive
the statewide automated child welfare
information system
(CCWIS)
(SACWIS) as an intake in accordance with
the following:
(1) Referral information
received
is to
shall be recorded in
Ohio's
CCWIS
SACWIS no later than the next
working day from the date of the receipt of the referral information.
(2) The original date and time the referral
information is received by the PCSA
is to
shall be reflected in
Ohio's CCWIS
SACWIS
including the actual date and time of the screening decision.
(D) If a PCSA receives a referral
alleging abuse or neglect of a child located in Ohio and the child's parent,
guardian or custodian resides in another state, the PCSA shall:
(1) Contact the children services
agency (CSA) and inform the CSA of the referral pursuant to rule 5101:2-36-13
of the Administrative Code.
(2) If the referral is not accepted
by the CSA where the child's parent, guardian or custodian resides, the PCSA
shall categorize and complete a screening decision in accordance with this
rule.
(E) If a PCSA receives a referral
alleging an incident of child abuse or neglect that occurred in Ohio, the child
is located outside of Ohio, and the child's parent, guardian or custodian
resides in another state, the PCSA shall:
(1) Contact the CSA and inform the
CSA of the referral pursuant to rule 5101:2-36-13 of the Administrative
Code.
(2) Make a referral to the law
enforcement agency with jurisdiction if the referral alleges a criminal
offense.
(F)(D) The PCSA
is to
shall
categorize the information received into one of the following intake
categories:
(1) Child abuse and/or neglect
report.
(a) Physical abuse, in accordance with
section
2151.031 of the Revised Code
.
, and any report alleging
either of the following:
(i) An infant identified as affected
by legal or illegal substance abuse or withdrawal symptoms resulting from
prenatal or postnatal substance exposure pursuant to rule 5101:2-1-01 of the
Administrative Code.
(ii) An infant diagnosed with a
fetal alcohol spectrum disorder.
(b) Physical abuse, shaken baby, in
accordance with section 2151.031 of the Revised Code.
(c)(b) Sexual abuse, in
accordance with section
2151.031 of the Revised Code and
Chapter 2907. of the Revised Code.
(d)(c) Emotional
maltreatment/mental injury, in accordance with section
2151.011 or
2151.031 of the Revised
Code.
(e)(d) Neglect, in
accordance with section
2151.03 of the Revised Code.
(f) Medical neglect, in accordance
with section 2151.03 of the Revised Code.
(g) Medical neglect, disabled
infant, in accordance with rule 5101:2-36-07 of the Administrative
Code.
(2)
Dependency report. Dependent child, as defined in section
2151.04 of the Revised
Code.
(3) Family in need of
services report
according to rule
5101:2-36-10 of the
Administrative Code.
(a) Emancipated youth, in accordance
with rule 5101:2-42-19.2 of the Administrative Code.
(b) Permanent surrender, in
accordance with rule 5101:2-42-09 of the Administrative Code.
(c) Deserted child, as defined in
rule 5101:2-1-01 of the Administrative Code and in accordance with rule
5101:2-36-06 of the Administrative Code.
(d) Stranger danger investigation,
in accordance with rule 5101:2-36-05 of the Administrative Code for a child
whom the PCSA considers to be in need of public care or protective
services.
(e) Post-finalization adoption
services, as defined in rule 5101:2-1-01 of the Administrative Code upon the
request of the birth parent, adoptive parent or adoptee.
(f) Preventive services, as defined
in rule 5101:2-1-01 of the Administrative Code for a child whom the PCSA
considers to be in need of public care or protective services.
(g) Unruly child/delinquent child,
whom the PCSA considers to be in need of public care or protective services in
accordance with section 5153.16 of the Revised Code and memorandums specified
in rule 5101:2-33-26 of the Administrative Code.
(h) Child fatality, non-child
abuse/neglect, in accordance with rule 5101:2-42-89 of the Administrative
Code.
(i) Required non-lead PCSA
interviews, in accordance with rules 5101:2-36-03, 5101:2-36-04, and
5101:2-36-09 of the Administrative Code and sections 5103.20 and 2151.56 of the
Revised Code.
(j) Courtesy supervision in
accordance with sections 5103.20 and 2151.56 of the Revised
Code.
(k) Home evaluation/visitation
assessment, in accordance with rules 5101:2-1-01 and 5101:2-42-18 of the
Administrative Code or in response to a request from another PCSA or a court
exercising appropriate jurisdiction.
(l) Pre-placement or postnatal
services for the placement of an infant of an incarcerated mother, in
accordance with rule 5101:2-42-60 of the Administrative Code.
(m) Adoption subsidy only in
accordance with Chapter 5101:2-49 of the Administrative Code.
(n) Interstate compact on the
placement of children (ICPC) in accordance with rule 5101:2-52-04 of the
Administrative Code.
(o) Alternative response required
non-lead PCSA contacts, in accordance with rule 5101:2-36-20 of the
Administrative Code.
(4)
Post emancipation
report, young adult services, for young adults who have emancipated from any
PCSA, private child placing agency (PCPA), or children services agency (CSA) on
or after attaining the age of eighteen, in accordance with rule
5101:2-42-19.2 of the
Administrative Code.
(4)(5) Information and/or
referral, pursuant to rule
5101:2-1-01 of the
Administrative Code, if paragraph
(D)(1), (D)(2),
(D)(3), or (D)(4)
(F)(1), (F)(2), or
(F)(3) of this rule do not apply.
(G)(E) When a PCSA
receives a referral of a substance affected infant, the PCSA is to attempt to
gather all information needed for a plan of safe care/family care plan as
defined in rule
5101:2-1-01 of the
Administrative Code.
(1) The name(s) and address(es) of
all of the following:
(a) The child.
(b) The parent, guardian(s), or
custodian(s).
(c) All household
members.
(2) Identify the caregiver(s) for
the infant.
(3) A description of the interaction
between the mother/caregiver and infant.
(4) The name of the hospital or
medical facility where the infant is receiving care.
(5) Any known medical information on
the parent(s), guardian(s), caregiver(s), infant, or household
members.
(6) Information regarding any known
legal or illegal substance abuse, which includes the history of legal or
illegal substance abuse by parent(s), guardian(s), caregiver(s) and household
members.
(7) Information regarding support
systems for the parent(s), guardian(s), caregiver(s), or household
members.
(8) Information on the managed care
plan and insurance information.
(H)(F) The PCSA
will
shall not
screen out any referral
of a substance affected infant
categorized in paragraph (F)(1)(a) of this
rule if:
(1) The plan of safe
care
/ family care plan information listed in
paragraph
(E)
(G) of this rule is not obtained.
(2) The plan of safe care
/ family care plan has not been developed.
(3) The plan of safe care
/family care plan is not adequate to address the
safety of the infant.
(G)
If the family has an active protective service alert
(PSA) pursuant to rule
5101:2-36-14 of the
Administrative Code and the current referral contains updated contact
information that may allow the ability to locate the family, the PCSA is to
screen in the current referral due to the PSA. The PCSA is to
assess/investigate the concerns related to the PSA in addition to any concerns
needing an assessment/investigation in the current referral. The PCSA is to
cancel the PSA in accordance with rule
5101:2-36-14 of the
Administrative Code upon locating the family.
(I)(H) The PCSA
is to
shall
complete the screening decision and determine the immediacy of need for any
agency response to ensure child safety within twenty-four hours from receipt of
the information and following the categorization of the referral information in
accordance with paragraphs
(D)(1), (D)(2), (D)(3), and
(D)(4)
(F)(1), (F)(2), and (F)(3) of
this rule
based on the information received from the
referent/reporter and the child protective services records regarding the
principals of the report.
(J)(I) If the PCSA screens
out a referral of abuse or neglect
that occurred or is
occurring
and a principal of the report is a
person responsible for the child's care in an out-of-home care setting
pursuant to rule
5101:2-1-01 of the
Administrative Code, the PCSA
is to
shall notify licensing and supervising
authorities
by the next working day of the screening
decision pursuant to section
2151.421 of the Revised
Code
, as appropriate, no later than four
working days from the date of the screening decision to share
information.
(J)
The PCSA may refer families with screened out referrals
to prevention service providers pursuant to sections
2151.421 and
2151.423 of the Revised
Code.
(K) PCSAs
are to
shall
assign reports screened in and categorized pursuant to paragraph
(D)(1)
(F)(1)
of this rule to one of the following pathways:
(1) Traditional response, pursuant to
Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative
Code.
(L)
The PCSA
is to
shall assign the following types of reports of
child abuse and/or neglect to the traditional response pathway:
(1) Reports containing allegations
that could result in charges of felony child endangering.
(2)(1)
Physical abuse resulting in serious injury or that creates a serious and
immediate risk to a child's health and safety.
(3) Reports containing allegations
that could result in charges of criminal sexual conduct.
(4)(2) Reports containing
allegations of the sexual abuse of a child
or an
abused child who is also a victim of sexual abuse.
(5) Reports containing allegations
that could result in charges of homicide.
(6)(3)
Reports requiring a specialized assessment as identified in rule
5101:2-36-04 of the
Administrative Code.
(7)(4) Reports requiring a
third party investigative procedure as identified in rule
5101:2-36-08 of the
Administrative Code.
(8)(5) Reports containing
allegations
of known or suspected child abuse or
neglect resulting in a child fatality or near fatality
regarding
a suspicious child fatality.
(M) All referral information categorized as
information and/or referral pursuant to paragraph
(D)(5)
(F)(4) of
this rule
is to
shall be screened out. The PCSA
is to
shall
identify which of the following activities was completed by the PCSA.
(1) Directed/advised to contact non-PCSA
service provider within the county.
(2) Directed/advised to contact non-PCSA
service provider outside the county.
(3) Provided information only/no referral
made.
(4) Additional information
received on an open case that is not alleging abuse or neglect of a
child.
(N)
No later than seven calendar days after the screening
decision, the PCSA is to provide written notification to all referents who are
mandated reporters in accordance with section
2151.421 of the Revised
Code.
(O)
The PCSA is to make a cross-referral to law enforcement
pursuant to rule
5101:2-36-12 of the
Administrative Code.
(N)(P) The PCSA may refer
the referent/reporter to the county prosecutor pursuant to the county child
abuse and neglect memorandum of understanding developed pursuant to
sections
2151.4220 to
2151.4234
section 2151.421 of the Revised
Code.
(O)(Q) Additional child
abuse and/or neglect allegations screened in within the first four working days
of the acceptance of a child abuse and/or neglect report and prior to the
completion of an assessment of safety with the child and the
parent/caretaker
parent/caregiver, may be added to the initial
report and assessed/investigated concurrently with the allegations received
initially. The date and time the subsequent report was received along with the
reporter information
is to
shall be recorded
in Ohio's
CCWIS.
(P)(R) Additional child
abuse and/or neglect allegations screened in after the first four working days
of the acceptance of the previous child abuse and/or neglect report or after
completion of the assessment of safety
are
to
shall be recorded as a subsequent
child abuse and/or neglect report and are subject to the requirements contained
in rules 5101:2-36-03, 5101:2-36-04,
and
5101:2-36-05
, and 5101:2-36-20 of the
Administrative Code.
Notes
Ohio Admin. Code
5101:2-36-01
Effective:
9/1/2024
Five Year Review (FYR) Dates:
5/31/2024 and
09/01/2029
Promulgated
Under: 119.03
Statutory
Authority: 2151.421,
5153.166
Rule
Amplifies: 2151.421,
2151.3518,
5153.16
Prior
Effective Dates: 02/01/1982, 10/01/1982, 01/01/1987, 01/01/1988, 03/15/1988,
01/01/1990, 10/01/1995, 06/01/1996, 06/01/1997, 10/01/1997 (Emer.), 12/30/1997,
03/01/2006, 10/01/2009, 07/01/2011, 03/01/2014,
06/17/2018
