Ohio Admin. Code 5101:2-42-12 - Assessment to determine child's placement into a qualified residential treatment program
(A)
For the purpose
of qualified residential treatment programs (QRTP), a qualified individual is a
trained professional or licensed clinician who:
(1)
Is not connected
to or affiliated with any placement setting in which children could be
placed,
(2)
Is trained to administer the assessment tool outlined
in paragraph (B) of this rule, with evidence of child and adolescent needs and
strengths (CANS) training and a current CANS certification kept in the
employee's file.
(3)
Maintains objectivity with respect to determining the
most effective and appropriate placement for a child.
(4)
Is knowledgeable
on local resources to support a child's ongoing needs.
(5)
Meets one of the
following options:
(a)
Is a title IV-E agency employee who is not in the chain
of command of the case oversight or placement decision-making.
(b)
Is a local
service provider who enters into an agreement with the title IV-E agency. The
service provider cannot serve as the qualified individual if they are under
another title IV-E agency contract and their objectivity is
compromised.
(c)
Is a title IV-E agency employee provided through an
established agreement with at least one other title IV-E
agency.
(d)
Is employed by ODJFS and is not in the chain of command
of a fiscal or licensing bureau.
(e)
Is a vendor
contracted by the state and is not in the chain of command of a fiscal or
licensing bureau.
(B)
Prior to
placement in a QRTP or no later than thirty days after the date of each
placement in a QRTP, a qualified individual is to:
(1)
Complete an
assessment of the strengths and needs of the child in title IV-E agency custody
using the "Ohio Brief' or "Ohio Comprehensive" versions of the CANS
tool.
(2)
Complete the assessment in conjunction with the family
and permanency team for the child.
(a)
The PCSA is responsible for assembling the family and
permanency team. The family and permanency team is to consist of all
appropriate family members, relatives, and kin of the child, as well as
appropriate professionals who are a resource to the family of the child, such
as teachers, medical or mental health providers who have treated the child, or
clergy.
(b)
In the case of a child who has attained age fourteen,
the family and permanency team is to include the members that are selected by
the child as outlined in rules
5101:2-38-05 and
5101:2-38-07 of the
Administrative Code.
(c)
The PCSA may use an existing team for the purpose of
the family and permanency team if the team composition meets the requirements
outlined in paragraph (B)(2) of this rule.
(3)
Develop a list of
child specific short and long term mental and behavioral health
goals.
(C)
Based on the information outlined in paragraph (B) of
this rule, the qualified individual is to determine whether the needs of the
child can be met with family members, kin, or through placement in a foster
home and which setting would provide the most effective and appropriate level
of care for the child in the least restrictive environment and be consistent
with the short and long-term goals for the child, as specified in the family
case plan for the child outlined in rules 5101:2-38-05,
5101:2-38-05.1 and
5101:2-38-07 of the
Administrative Code.
(D)
If the qualified individual completing the assessment
outlined in paragraph (B) of this rule determines the child should not be
placed with family members, kin, or in a foster home, the qualified individual
is to specify in writing all of the following:
(1)
The reasons why
the needs of the child cannot be met by the family of the child, kin, or in a
foster home. A lack of available foster homes is not an acceptable reason for
determining that the needs of the child cannot be met in a foster
home.
(2)
The reasons why the placement into a QRTP is the
recommended setting that will provide the child with the most effective and
appropriate level of care in the least restrictive environment.
(3)
How the placement
into the QRTP is consistent with the short-term and long-term goals for the
child, as specified in the family case plan for the child.
(E)
Within
sixty days of the start of each title IV-E eligible child's placement into a
QRTP, the title IV-E agency is to work collaboratively with the juvenile court
to ensure the court:
(1)
Considers the assessment, determination, and
documentation made by the qualified individual conducting the assessment
outlined in paragraph (B) of this rule.
(2)
Determines
whether the needs of the child can be met through placement in a foster home,
or, if not, whether the placement of the child in a QRTP provides the most
effective and appropriate level of care for the child in the least restrictive
environment and whether that placement is consistent with the short-term and
long-term goals for the child, as specified in the family case
plan.
(3)
Approves or disapproves of the placement of the child
in a QRTP.
(F)
Upon completion of the requirements outlined in
paragraph (B) of this rule, if the qualified individual determines the child
should not be placed in a QRTP or if the juvenile court disapproves of the
placement in a QRTP, the family and permanency team is to consider the
appropriate level of care for the child in the least restrictive environment as
outlined in rule
5101:2-42-05 of the
Administrative Code.
(G)
When a child is placed in a QRTP, the title IV-E agency
is to submit to the court the following at each semi-annual review and
permanency hearing:
(1)
Evidence that the ongoing assessment of the strengths
and needs of the child continues to support the determination that the needs of
the child cannot be met through placement in a foster home.
(2)
Documentation
that the placement of the child in the QRTP provides the most effective level
of care for the child in the least restrictive environment.
(3)
Documentation
that continued placement in the QRTP is consistent with the short-term and
long-term goals for the child, as specified in the family case plan for the
child.
(4)
Documentation of the specific treatment or service
needs that will be met for the child in the QRTP and the length of time the
child is expected to need the treatment or services.
(5)
Documentation of
the efforts made by the title IV-E agency to prepare the child to return home
or to be placed with a fit and willing kinship caregiver, legal guardian,
adoptive parent, or in a foster home.
(H)
For any child
placed in a QRTP for more than twelve consecutive months or eighteen
nonconsecutive months, or for any child who has not attained the age of
thirteen and is placed in a QRTP for more than six consecutive or
nonconsecutive months, the title IV-E agency is to document in the case
record:
(1)
The
most recent versions of the evidence and documentation outlined in paragraph
(G) of this rule; and
(2)
The signed approval of the title IV-E agency director
for the continued placement of the child in the QRTP.
(I)
The
title IV-E agency is to ensure that all requirements located in this rule are
documented in the statewide automated child welfare information system
(SACWIS).
Notes
Promulgated Under: 119.03
Statutory Authority: 5153.166, 5103.03, 2151.412
Rule Amplifies: 5153.16, 5103.03, 2151.412
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