5101:2-36-11. Extending time frames for completion or waiving completion of assessment/investigation activities

(A) The public children services agency (PCSA) shall request an extension if the PCSA is unable to complete specific assessment/investigative activities pursuant to the time frames established within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code. The justification for extension shall:

(1) Contain written justification for not meeting the established time frame.

(2) Contain supervisory approval of the written justification prior to the expiration of the established time frame.

(3) Be maintained in the case record.

(B) An extension is permitted for the following assessment/investigative activities:

(1) Completion of the JFS 01401 "Comprehensive Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006). The time frame may be extended until face-to-face contact with each required participant is completed or until the PCSA is required to make a report disposition or final case decision.

(2) Execution of the second attempt to complete face-to-face contact and the JFS 01401 within four working days from the screening decision when all of the following have been recorded in the extension justification prior to the expiration of the fourth working day:

(a) The diligent efforts completed to identify the child's current safety status with a principal of the report or collateral source who has knowledge of the child's current condition, and can provide current and credible information about the child's safety.

(b) The name and location of the individual who provided the credible information about the child's safety, and the manner in which the information was obtained.

(c) The information provided by the principal of the report or collateral source that supports the PCSA's belief that the child is not at risk of being seriously harmed.

(d) Completion of the supervisory approval of the extension request in SACWIS prior to the expiration of the fourth working day.

(3) Obtaining the signature of the parent, guardian, or custodian, or person(s) responsible for an action step on the JFS 01409 "Comprehensive Assessment Planning Model - I.S., Safety Plan for Children" (rev. 2/2006) within twenty-four hours from receipt of the verbal authorization. The time frame of the extension shall not exceed five working days.

(C) A fifteen day extension is permitted to complete the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev. 7 /2006), JFS 01402 "Comprehensive Assessment Planning Model - I.S., Ongoing Case Assessment/ Investigation" (rev. 7/2006), JFS 01403 "Comprehensive Assessment Planning Model - I.S., Specialized Assessment/Investigation" (rev. 2/2006), JFS 01419 "Comprehensive Assessment Planning Model - I.S., Alternative Response Family Assessment" (rev. 7 /2008), JFS 01423 "Comprehensive Assessment Planning Model - I.S., Alternative Response Ongoing Case Assessment " (rev. 7/2008 ) or to reach a case disposition or case decision if diligent efforts to complete the necessary activities have been unsuccessful and one of the following applies:

(1) A principal of the report has not been interviewed.

(2) The PCSA is waiting on documentation/information from another entity that is necessary in determining the disposition or case decision.

(3) Interviews with collaterals or witnesses who have specific information about the allegations have not been completed.

(4) The case is assigned to the alternative response pathway and additional time is needed to complete the linkage to services prior to case closure.

(D) An extension is permitted to notify the alleged perpetrator in writing of the report disposition if the alleged perpetrator is the subject of a law enforcement investigation into human trafficking. The timeframe for the extension shall not exceed one hundred twenty days from the date the PCSA screened in the referral as a child abuse and/ or neglect report.

(E) The PCSA shall complete a request to waive an assessment/investigation activity pursuant to the requirements established within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code if the PCSA is unable to complete specific assessment/investigative activities. The request shall:

(1) Contain written justification of why each assessment/investigation activity can not be completed.

(2) Contain the director's or designee's approval of the written request prior to the termination of the established time frame, or extended time frame, for the assessment/investigation activity.

(3) Be maintained in the case record.

(F) A PCSA may request to waive the following assessment/investigation activities:

(1) Completion of the face-to-face interview with the alleged child victim or child subject of the report.

(2) Completion of the face-to-face interview with each child in the home of the alleged child victim or child subject of the report.

(3) Completion of the face-to-face interview with each adult residing in the home of the alleged child victim or child subject of the report, including the parent(s), guardian, or custodian.

(4) Completion of the face-to-face interview with the alleged perpetrator or adult subject of the report.

(5) Completion of face-to-face or telephone interviews with any identified witnesses and collateral sources.

(6) Completion of the JFS 01400, JFS 01401, JFS 01402, or JFS 01403 if the report disposition is one of the following:

(a) Family moved: unable to complete assessment/investigation.

(b) Unable to locate.

(7) Completion of the JFS 01401, JFS 01419 or the JFS 01423 if the PCSA has not completed contact with any principal of the report and has been unable to locate the family.

(8) Completion of the JFS 01400, JFS 01401, JFS 01402, or JFS 01403 if all of the following apply:

(a) The PCSA has not successfully gathered sufficient information from any principal of the report, identified witness, or collaterals in order to complete the JFS 01400, JFS 01401, JFS 01402, or JFS 01403.

(b) The parent, guardian, or custodian of the alleged child victim refused the PCSA to have contact with family members, including principals of the report, to complete the required assessment activities.

(c) The PCSA consulted legal counsel regarding the report and the family's refusal to engage in the assessment/investigation process.

(d) The PCSA's legal counsel advised the PCSA no legal action will be pursued.

(e) The PCSA report disposition is unsubstantiated, substantiated, or indicated.

(9) The signature of a parent, guardian, or custodian on the JFS 01409 if all of the following apply:

(a) The PCSA has obtained one signature from a parent, guardian, or custodian on the JFS 01409.

(b) The PCSA determines the parent, guardian, or custodian who has not signed is unable or unavailable to sign the JFS 01409.

(c) The reason(s) why the parent, guardian, or custodian who has not signed is unable or unavailable to sign the JFS 01409 is documented in the case record.

(10) Completion of the JFS 01400, JFS 01401, JFS 01402, JFS 01403, JFS 01419, or JFS 01423 if, upon initiation, the PCSA determines the specific incident alleged in the report has been previously assessed/investigated and all of the following apply:

(a) The report involves the same alleged child victim or child subject of the previous report.

(b) The report involves the same alleged perpetrator or adult subject of the previous report.

(c) The previous report received an alternative response case decision or report disposition of substantiated, indicated or unsubstantiated.

(G) The PCSA shall not complete a justification to waive or extend the completion time frame for any assessment/investigation activity not identified within this rule.

Effective: 6/17/2018
Five Year Review (FYR) Dates: 5/24/2017 and 06/17/2023
Promulgated Under: 119.03
Statutory Authority: 5153.166, 5153.16 , 2151.421
Rule Amplifies: 2151.421 , 5153.16
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 10/1/97 (Emer.), 12/30/97, 4/1/01, 12/1/01, 6/25/04, 3/01/06, 10/01/09, 3/01/14, 7/23/15