Ohio Admin. Code 5101:2-36-12 - PCSA requirements for child abuse and/or neglect cross-referrals

(A) The provisions of rule 5101:2-33-21 of the Administrative Code regarding confidentiality apply to all cross-referrals of child abuse and/or neglect specified required by this rule.

(B) Upon receipt of a referral, the public children services agency (PCSA) is to notify licensing and supervising authorities when abuse or neglect allegedly occurs in an out-of-home care setting pursuant to section 2151.421 of the Revised Code.

(B)(C) At minimum, the public children services agency (PCSA) PCSA is to make a cross referral to law enforcement:

(1) Upon receiving information alleging a criminal offense.

(2)(1) Within seven calendar days of screening in a report alleging abuse in which law enforcement is not the referent referrent.

(3)(2) Within seven calendar days of screening in a report alleging neglect in which law enforcement is not the referent referrent if the PCSA implements a legally authorized out-of-home placement enacts a safety plan, including but not limited to removal, due to neglect.

(C)(D) The PCSA is to shall cross refer reports of child abuse and/or and or neglect in accordance with the PCSA's county child abuse and neglect memorandum of understanding pursuant to rule 5101:2-33-26 of the Administrative Code, and if applicable, the interagency agreement with a child advocacy center pursuant to rule 5101:2-33-26 of the Administrative Code and section 2151.428 of the Revised Code.

(D)(E) As applicable, the The PCSA is to shall contact the following licensing and supervising authorities promptly disseminate all information determined to be relevant to any federal, state, or local governmental entity, any agency providing prevention services to the child, or any agent of such entity, as applicable, no later than the next working day from the date the referral was screened in to share information pursuant to rules 5101:2-33-21 and 5101:2-36-04 in accordance with section 2151.423 of the Administrative Revised Code. :

(1) The Ohio department of developmental disabilities (ODDD) division of developmental centers quality assurance if the report involves a developmental center managed by ODDD; or the office of licensure if the report involves a foster or group home licensed by ODDD.

(2) The local county board of developmental disabilities (DD) if the report involves any program managed by the county board of DD.

(3) The local board of alcohol, drug addiction, and mental health and the Ohio department of mental health and addiction services (OMHAS) if the report involves a qualified residential treatment program certified by OMHAS.

(4) The Ohio department of youth services' (ODYS) chief inspector if the report involves an institution or facility for delinquent children managed by ODYS; or the juvenile judge and ODYS' division of parole, courts, and community services if the report involves a detention or rehabilitation facility managed by a juvenile court and approved by ODYS.

(5) The superintendent of the local schools or the Ohio department of education's (ODE) legal counsel if the report involves the school for the deaf or blind or early education programs managed by ODE.

(6) The Ohio department of job and family services (ODJFS), foster care licensing, if the report involves a foster home, group home, children's residential facility, or qualified residential treatment program certified by ODJFS.

(7) The ODJFS, child care licensing, if the report involves a child care center or a type A or type B family child care home which is or should be licensed by ODJFS.

(8) The local county department of job and family services (CDJFS) if the report involves an in-home aide who is certified by the CDJFS or a type B family child care provider.

Notes

Ohio Admin. Code 5101:2-36-12

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, 5153.16, 2151.4210
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, 04/01/2001, 03/01/2006, 10/01/2009, 03/01/2012, 03/01/2014, 06/17/2018, 09/15/2022