Ohio Admin. Code 5101:2-42-92 - Visitation for child in temporary custody
(A) Each public children services agency
(PCSA) or private child placing agency (PCPA) shall arrange for and provide
each child in temporary custody, whether custody is by agreement or commitment,
an opportunity for regular and frequent visitation with his parent, guardian or
custodian. Such visitation schedule shall be developed in accordance with the
requirements of this rule and contained in the case plan as required by rule
5101:2-38-05 of the
Administrative Code, if applicable for the PCSAs and rules
5101:2-38-06 and
5101:2-38-07 of the
Administrative Code for the PCPA.
(B) The PCSA or PCPA shall consult with the
parent, guardian, or custodian, child, when age-appropriate, and other service
providers, when applicable, in developing the plan for visits. The PCSA or PCPA
shall address the following criteria for planning the visits.
(1) Frequency of the visits shall be based
on:
(a) The attitudes and feelings between the
child and parent, guardian, or custodian in the present relationship.
(b) The case plan goal.
(c) The need to maintain or enhance the
bonding relationship between the parent, guardian, or custodian and
child.
(d) What is determined to be
in the child's best interest, and is conducive to the child's physical and
emotional well-being.
(2)
Duration of the visit shall be based on:
(a)
The amount of time needed to maintain or enhance the bonding relationship
between the parent, guardian, or custodian and child.
(b) A determination based upon the current
relationship between the child and parent, guardian, or custodian on the length
of time that would be in the child's best interest.
(3) Location of the visit shall be in:
(a) The least-restrictive setting consistent
with the goals of the case plan. The following list represents the order of
least-restrictive to most-restrictive settings.
(i) Visitation in the home of the parent,
guardian, or custodian.
(ii)
Visitation in the home of a friend, relative, substitute caregiver or other
noninstitutional setting.
(iii)
Visitation at the agency or other substitute care setting.
(b) A location providing a safe setting for
the child.
(4)
Restrictions on the frequency, duration, location of visits, and supervision of
visits shall be based on factors related to:
(a) Potential harm to the child as a result
of the parent's, guardian's or custodian's behavior or pattern of conduct
toward the child.
(b) Special needs
or problems of the child.
(c) The
parent's, guardian's, or custodian's failure to be available for more frequent
or longer visits.
(5) The
PCSA shall review the JFS 1413 "Comprehensive Assessment and Planning Model -
I.S., Case Review" (rev. 8/2010) pursuant to rule
5101:2-38-09 of the
Administrative Code, if applicable to assist in arriving at a decision to guide
the frequency, duration and location of visits or to determine the level of
supervision needed during visits.
(C) The PCSA or PCPA also shall ensure that
the child has an opportunity for other forms of communication with his parent,
guardian, or custodian on a regular basis.
(D) In the child's best interest, the PCSA or
PCPA shall make arrangements for visitation and communication with siblings and
significant others integral to maintaining connections with those individuals.
The agency shall also make arrangements for visitations related to the
maintenance and connection with Indian tribes pursuant to rule
5101:2-53-06 of the
Administrative Code.
(E)
Withholding of visits shall never be used as a threat or form of discipline to
the child or to control or punish the parent for failure to work with the
agency or other community providers.
(F) The PCSA's or PCPA's decision on each of
the criteria identified in paragraph (B) of this rule and the need for
visitation restrictions and supervision and the reason for the decision must be
recorded in the case plan as required by rule
5101:2-38-05 of the
Administrative Code, if applicable for PCSAs and rules
5101:2-38-06 and
5101:2-38-07 of the
Administrative Code, if applicable for PCPAs.
Notes
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.166
Rule Amplifies: 5103.03, 5153.16
Prior Effective Dates: 09/28/1987 (Emer.), 12/27/1987, 01/01/1989, 10/01/1997, 02/01/2003, 04/20/2008, 05/30/2014
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