Ohio Admin. Code 5101:2-42-05 - Selection of a placement setting
(A) When a child cannot remain in his or her
own home, the public children services agency (PCSA) or private child placing
agency (PCPA) shall explore both maternal and paternal relatives
including a non-custodial parent regarding their
willingness and ability to assume temporary custody or guardianship of the
child. Unless it is not in the child's best interest, the PCSA or PCPA shall
explore placement with a
the noncustodial parent before considering other
relatives.
(B) If a suitable
relative is not available to assume temporary custody, guardianship, or
placement, the PCSA or PCPA shall explore placement with a suitable nonrelative
who has a relationship with the child and/or family.
(C) The PCSA or PCPA shall only place
children:
(1) In homes of relative or
non-relatives approved by the PCSA or PCPA in accordance with rule
5101:2-42-18
of the Administrative Code.
(2) In
substitute care settings that are licensed, certified or approved by the agency
of the state having responsibility for licensing, cerifying
certifying
or approving facilities of the type in which the child is placed.
(D) The PCSA or PCPA shall attempt
to place siblings in the same home unless it is not in the child's or siblings'
best interest.
(E) When the PCSA or
PCPA has temporary custody of a child, it shall select a substitute care
setting that is consistent with the best interest and special needs of the
child and that meets the following criteria:
(1) Is considered the least restrictive, most
family-like setting available to meet the child's emotional and physical
needs.
(2) Is in close proximity to
the home from which the child was removed or the home in which the child will
be permanently placed.
(3) Is in
close proximity to the school in which the child was enrolled prior to
placement.
(4) Is designed to
enhance the likelihood of achieving permanency plan goals.
(5) Is able to provide a safe environment for
the child.
(F) The
following allowable substitute care settings are
listed in order from least restrictive to most restrictive:
(2)
(3) The home of a
suitable nonrelative as defined in rule
5101:2-1-01
of the Administrative Code.
(3)
(4) A foster
home.
(4)
(5) An independent living arrangement, as appropriate
for the child.
(5)
(6) A group home.
(6)
(7) A maternity
home.
(7)
(8) An emergency shelter care facility.
(8)
(9) A
children's residential center.
(9)
(10) A medical or
educational facility.
(1)
The home of a
suitable relative as defined in rule
5101:2-1-01
of the Administrative Code.
With the parent in
a substance use disorder (SUD) residential facility.
(2)
The home of a
suitable relative, excluding the parent, as defined in rule
5101:2-1-01
of the Administrative Code.
(G)
For a child in the permanent custody of a PCSA or PCPA, an adoptive placement
shall be considered the least restrictive setting. When selecting an adoptive
placement, the agency shall follow rule
5101:2-48-16
of the Administrative Code.
(H)
Only when a PCSA or PCPA determines that a child's
mental, physical or emotional needs indicate that a less-restrictive setting
cannot address his or her needs, the PCSA or PCPA may place the child in a more
restrictive setting.
The PCSA or PCPA may place
the child in a more restrictive setting, only when the PCSA or PCPA determines
that a child's mental, physical or emotional needs indicate that a
less-restrictive setting cannot address the child's needs.
(I) This rule shall not contravene the
placement of a child in a secure facility or other specified setting by law
enforcement or any court of jurisdiction.
(J) The PCSA or PCPA shall document the
following in the child's case plan:
(1)
Educational, medical, psychological, and social information used by the agency
to select a placement setting.
(2)
How the setting constitutes a safe and appropriate placement.
(3) Why less-restrictive placements, if
applicable, were not utilized.
(K) The provisions of this rule do not apply
to a permanent surrender agreement executed in the child's best interest by a
PCPA in accordance with division (B)(2) of section
5103.15 of the Revised Code for
a child less than six months of age for the purpose of adoption on the date of
the execution of the agreement.
(L)
All placement activities shall be in compliance with rules 5101:2-42-18.1 and
5101:2-48-13 of the Administrative Code and
42 U.S.C.
sections 671(a)(18),
674(d)
and
1996b
(collectively, the Multiethnic Placement Act of 1994 as
amended by Section 1808 of the Small Business Job Protection Act of 1996
or MEPA as in effect January 1,
1997).
Notes
Promulgated Under: 119.03
Statutory Authority: 5153.166, 5103.03
Rule Amplifies: 5103.02, 5103.03, 5153.16
Prior Effective Dates: 01/14/1983, 09/23/1987 (Emer.), 12/27/1987, 01/01/1989, 01/01/1990, 10/01/1990, 12/15/1995 (Emer.), 03/01/1996, 10/01/1997, 12/30/1997, 03/18/1999 (Emer.), 06/17/1999, 01/01/2003, 10/04/2004, 12/19/2008, 05/10/2014
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