(A) The public
children services agency (PCSA) shall immediately develop and implement a JFS
01409 "Comprehensive Assessment Planning Model - I.S., Safety Plan for
Children"
(rev. 2/2006) if the PCSA
determines a child is in immediate danger of serious harm
due to an active safety threat.
(B) At a minimum, the PCSA shall
assess all of the following to determine the degree of intervention necessary
to control safety threats and protect the child:
(1) The presence of active safety
threats.
(2) The vulnerability of the
child.
(3) The protective capacities of the
parent, guardian, or custodian.
(C) If an infant is born and
identified as affected by illegal substance use or withdrawal symptoms
resulting from prenatal drug exposure, the PCSA shall develop a safety plan as
needed, pursuant to paragraph (D) or (P) of this rule.
(D)(B) If, after the
assessment of safety,
described in rule
5101:2-37-01
of the Administrative Code the safety response is to implement an in-home
safety plan or an out-of-home safety plan, the PCSA shall develop a safety plan
utilizing the JFS 01409.
(E)(C) The PCSA and the
parent, guardian, or custodian shall mutually:
(1) Identify the action steps to control the
active safety threats.
(2) Identify
each individual or community resource responsible for conducting an action step
specified on the safety plan.
(3)
Agree to the participation of that individual or community resource on the
safety plan.
(F)(D) To implement a
safety plan utilizing the JFS 01409, the PCSA shall do one of the following:
(1) Obtain signatures on the JFS 01409 from
the custodial parent, legal guardian, or legal custodian and all persons
responsible for a safety plan action step indicating their willingness to
participate in the safety plan.
(2)
If an order of shared parenting has been issued, and there has not been a
residential parent designated by the court, the PCSA shall obtain agreement and
signatures on the JFS 01409 of both parents.
(3) If a custodial parent, legal guardian, or
legal custodian or person responsible for an action step is not present to sign
the JFS 01409, the safety plan may be implemented with a verbal authorization.
The PCSA shall document the date and time the verbal authorization was
received.
(G)(E) If verbal
authorization is obtained the PCSA shall
complete an
extension pursuant to rule
5101:2-36-11
of the Administrative Code and attempt to obtain the signature(s) on
the JFS 01409 within five working days from receipt of the verbal
authorization.
All attempts to obtain the
signature(s) and the reasons why the signature(s) cannot be obtained shall be
documented in the case record. The PCSA shall implement alternative safety
interventions if the signature(s) cannot be obtained.
(1)
All attempts to
obtain the signature(s) and any reasons why the signature(s) cannot be obtained
are to be documented in the case record.
(2)
If attempts to
obtain the signature(s) were unsuccessful, an extension to obtain the
signature(s) may be granted when the following apply:
(a)
The custodial
parent, legal guardian, or legal custodian who provided verbal authorization is
absent and is not interfering with the agreed upon safety plan
activities.
(b)
The responsible party is following the safety plan and
controlling the active safety threat(s) to the child.
(3)
Upon
contact with the custodial parent, legal guardian, or legal custodian the
signature is to be obtained.
(H)(F) The PCSA shall
waive the signature
requirement of the custodial
parent, legal guardian, or legal custodian outlined in paragraph (D) of this
rule who is unable or unavailable to sign the safety plan if the PCSA has
obtained one signature from another custodial parent, legal guardian, or legal
custodian pursuant to rule
5101:2-36-11
of the Administrative Code. The reason(s) why the signature cannot be obtained
shall be documented in the case record.
(I) The PCSA shall implement
alternative safety interventions if a parent, guardian, or custodian or
responsible person is unwilling to sign the JFS
01409.
(J)(G) The PCSA shall
monitor safety plans
by assessing safety to
ensure the action steps are controlling the identified safety threats.
The monitoring plan
Monitoring the plan requires the following:
(1)
To
monitor
For an in-home safety plan, the
PCSA shall conduct weekly home visits. During the home visits, the PCSA shall
make face-to-face contact with each child identified on the safety plan and
each parent, guardian, or custodian residing in the home.
During the visit an assessment of the active safety
threat(s) is to be completed.
(2)
To
monitor
For an out-of-home safety plan,
the PCSA shall have weekly contact with the children or persons responsible for
an action step
either by telephone or
face-to-face. The PCSA shall have face-to-face contact with each
child
, parent, guardian, or custodian
and responsible party involved every other week.
During the visit an assessment of the active safety
threat(s) is to be completed.
(H)
The PCSA is to
implement alternative safety interventions when any of the following
applies:
(1)
An active safety threat is not controlled.
(2)
A parent,
guardian or custodian or responsible person is unwilling to sign the JFS
01409.
(3)
The parent, guardian or custodian or responsible person
is not cooperating or willing to follow the action steps according to the JFS
01409.
(4)
The PCSA has not been able to complete the required
monitoring contacts despite concerted efforts being made pursuant to paragraph
(G) of this rule and the following occurs:
(a)
Face-to-face
contact has not been made on an in-home safety plan for two weeks with each
child identified on the safety plan and each parent, guardian, or custodian
residing in the home.
(b)
Face-to-face contact has not been made on an
out-of-home safety plan for four weeks with each child identified on the safety
plan.
(K)(I) If the PCSA
determines a safety threat is no longer active or is being controlled through
the family's protective capacities and the child is no longer in immediate
danger of serious harm, the JFS 01409 shall be discontinued. The PCSA shall
notify the parent, guardian, or custodian and each responsible party in writing
within two working days of the discontinuation of the JFS 01409.
(L)(J) If
the JFS 01409 is modified, the signature of all participants on the modified
JFS 01409 prior to its implementation shall serve as notification.
(M)(K)
The PCSA shall not close a case if a JFS 01409 is active.
(N)(L)
The PCSA shall
maintain a copy of the JFS 01409 in
the case record and record the JFS 01409 in SACWIS within
three
five
working days from the date the first signature is obtained.
(O)(M) If
after the assessment of safety
, the safety
response is to implement a legally authorized out-of-home placement, the PCSA
shall contact law enforcement and/ or remove the child pursuant to rule
5101:2-39-01
of the Administrative Code. Completion of the JFS 01409 is not required for a
legally authorized out-of-home placement safety response.