Ohio Admin. Code 5101:2-39-03 - Emergency removal of a child from substitute care placement
(A)
Emergency
Removal
removal of a
child from an
a
out-of-home
substitute care setting shall be considered necessary
if it is determined the child is in immediate danger of serious harm and in
need of protection from child abuse or neglect or the presence of the child in
the out-of-home
substitute care setting places another child in the
out-of-home
substitute care setting in immediate danger of serious
harm.
(B) If a child in the custody
of a public children services agency (PCSA) is removed from a substitute care
placement
setting, the PCSA shall provide the child,
; if
age-appropriate
age
and developmentally appropriate , and parent, guardian, or custodian;
out-of-home care caretaker
substitute caregiver ; and guardian ad litem with the
following information verbally and in writing within twenty-four hours.
(1) Reason for emergency removal.
(2) PCSA name, telephone number, address, and
name of person to contact regarding the case.
(3) Time and place of court hearings, as
applicable.
(C) If a
PCSA determines the need for an emergency removal
of a child in the custody of another PCSA; private child placing agency (PCPA);
or children services agency (CSA); the PCSA shall do all of the following:
(1) Immediately contact the PCSA, PCPA or CSA
holding custody of the child and notify the agency of the circumstances
necessitating the recommendation for
emergency removal.
(2) Provide the custodial PCSA, PCPA or CSA
with the agency's name, telephone number, address, and name of person to
contact regarding the case.
(3)
Provide all notifications required pursuant to this paragraph in writing within
three working
business days.
(D) If emergency removal of a child occurs
and attempts to notify the parent, guardian, or custodian;
out-of-home setting caretaker
substitute caregiver ; and guardian ad litem pursuant
to paragraph (A)
(B) of this rule are unsuccessful, the PCSA shall
provide written notice of the information listed in
paragraph (A) of this rule within twenty-four hours
no later than the next business day .
(E) The PCSA or PCPA holding custody of the
child shall complete an amendment to the case plan in accordance with rule
5101:2-38-05
or 5101:2-39-10
5101:2-38-07 of the Administrative Code upon removal
of a child from a substitute care placement
setting .
(F) The PCSA shall document all activities
and notifications required by this rule in the case record.
Notes
Promulgated Under: 119.03
Statutory Authority: 2151.412, 2151.421, 5101.02, 5103.03, 5153.16
Rule Amplifies: 2151.412, 2151.421, 5101.02, 5103.03, 5153.16
Prior Effective Dates: 01/14/1983, 01/01/1987, 01/01/1988, 01/01/1989, 03/01/2006, 10/01/2009, 05/30/2014
Promulgated Under: 119.03
Statutory Authority: 2151.412, 2151.421, 5101.02, 5103.03, 5153.16
Rule Amplifies: 2151.412, 2151.421, 5101.02, 5103.03, 5153.16
Prior Effective Dates: 1/14/83, 1/1/87, 1/1/88, 1/1/89, 3/1/06, 10/01/2009
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