5101:2-5-13 Required agency policies, plans and procedures.

 

 

 

5101:2-5-13                 Required agency policies.

 

 

 

(A)   A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) engaging in any of the functions listed in rule 5101:2-5-03 of the Administrative Code shall have, at a minimum, all of the following policies as applicable to the function or functions being performed.

 

(1)      An agency shall have a written discipline policy, including the use or prohibition of restraints, for foster homes which shall conform to but is not limited to the requirements of rule 5101:2-7-09 of the Administrative Code. The discipline policy shall prohibit the use of chemical or mechanical restraints.

 

(2)   An agency shall have a written policy on religious participation, socialization and education by children in out-of-home care which shall comply with the requirements of rules 5101:2-5-16 and 5101:2-7-11 of the Administrative Code.

 

(3)   An agency shall have a written policy describing strategies for foster caregiver recruitment that complies with the Multiethnic Placement Act, 42 U.S.C.A. 1996 (B), as amended by Section 1808 of the Small Business Job Protection Act of 1996, (MEPA), and the Civil Rights Act of 1964 (Title VI), as it applies to the foster care process. Each PCSA, PCPA and PNA shall submit a copy of its recruitment plan for state fiscal year 2006, signed by the agency director, to ODJFS by May 1, 2005. Subsequent annual recruitment plans will be due on May first of each year, and shall address the upcoming state fiscal year. If the PCSA, PCPA or PNA amends its recruitment plan at any other time than the required due date, the agency shall be responsible for submitting the amended recruitment plan to ODJFS within ten days following a plan change. This policy shall include:

 

(a)     A  description  of  the  characteristics  of  foster  children  served  by  the agency. The description that shall include the following:

 

(i)   Ages;.

 

(ii)   Developmental needs;.

 

(iii)   Emotional needs;.

 

(iv)   Physical needs;.

 

(v)   Cultural, racial, and ethnic backgrounds; and.

 

 

(vi)   Levels of care needed.

(b)     Diverse methods of disseminating general information regarding the children served by the agency.

(c)    Specific strategies to reach all parts of the community as defined by the agency.

(d)   Strategies for assuring that prospective foster caregivers have access to the application process, including the flexibility of service to the community served by the agency.

(e)   Strategies for training staff to work with diverse cultural, racial, ethnic and economic communities.

(f)  Strategies for dealing with linguistic barriers.

(g)   Procedures for a timely search for foster caregivers, including the use of interagency efforts, provided that such procedures must ensure that placement of a child in an appropriate household is not delayed by the search for a same race or ethnic placement.

(h)    A statement of assurance that all foster caregiver recruitment activities and materials shall be in compliance with MEPA, and Title VI, the Indian Child Welfare Act of 1978 (rules 5101:2-42-48 to 5101:2-42-58 of the Administrative Code), 25 U.S.C.A. 1901, et seq., as amended, and the Adoption and Safe Families Act of 1997.

(4)   An agency shall have a written policy describing the process for simultaneously approving applicants for foster care placement and adoptive placement.

(5)    An agency shall have a written policy detailing any assessment activities in which an agency would require a foster caregiver applicant to participate and any materials or documentation, not specifically required by Chapter 5101:2-7 of the Administrative Code, which a foster caregiver applicant would be required to submit as part of the assessment or homestudy process.

(6)   An agency shall have a written policy requiring a foster caregiver or prospective foster caregiver to notify the agency in writing if a person residing in the home who is at least twelve years old, but under eighteen years old, has been convicted of or pleaded guilty to any of the offenses listed in appendix A of

rule 5101:2-7-14 of the Administrative Code or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would constitute one of those offenses.

The written policy shall include notification to the Ohio department of job and family services ODJFS (ODJFS) should the agency subsequently learn that a foster caregiver has failed to notify the agency. When an  agency notifies the Ohio department of job and family services (ODJFS) ODJFS under these circumstances, ODJFS shall initiate action to revoke the foster caregiver's certificate.

(7)      An agency shall have a written policy detailing all payments to foster caregivers.

(8)    An agency shall have a written policy that shall state how foster caregivers recommended for certification by the agency will meet the preplacement and annual continuing training requirements of rule 5101:2-5-33 of the Administrative Code.

(9)     An agency shall have a written grievance policy detailing the methods for hearing grievances and for resolving differences with a foster caregiver or applicant relative to the requirements imposed by Chapter 5101:2-7 of the Administrative Code and other agency policies. This policy shall include a method of review by the highest administrative employee of the agency or designee for any unresolved grievance within thirty calendar days of the filing of the grievance.

(10)   An agency shall have a written policy regarding the sharing of a foster home. The policy shall include specifics on the written agreement and the notification to any other agencies using the home which shall conform to the requirements of rule 5101:2-5-31 of the Administrative Code.

(11)    An agency shall have a written policy for the transfer of a foster home. The policy shall include specifics or restrictions for the transfer of a home which shall conform to the requirements of rule 5101:2-5-31 of the Administrative Code.

(12)     A PCSA or PCPA shall have a written policy on the notification of the adoption process to the recommending agency, if other than the custody holding agency, and to the foster caregiver, of the adoption process, should a foster child placed with the foster caregiver become available for adoption. The notification shall be consistent with the requirements contained in rules 5101:2-48-11 and 5101:2-48-16 of the Administrative Code.

(13)   An agency shall have written policies that shall be explained to potential foster caregivers during initial orientation for all of the following:

(a)     Liability insurance and compensation for damages done by children placed in foster care.

(b)    Legal representation, legal fees, counseling or legal advocacy for foster caregivers for matters directly related to the proper performance of their roles.

(c)   Investigations of abuse and/or neglect involving a child living in a foster home.

(14)   Each recommending agency shall establish and implement a policy regarding good cause for a foster caregiver's failure to complete the continuing training in accordance with rule 5101:2-5-33 of the Administrative Code. If the foster caregiver complies with the policy, as determined by the agency, ODJFS may renew the foster caregiver's foster home certificate. The agency shall submit the policy to the department and provide a copy to each foster home the agency recommends for certification or renewal.

The policy shall include all of the following:

(a)      What constitutes good cause, including documented illness, critical emergencies, and lack of accessible training programs;.

(b)   Procedures for developing a scheduled corrective action plan that provides for prompt completion of the continuing training;.

(c)   Procedures for recommending revocation of the foster home certificate if the foster caregiver fails to comply with the corrective action plan.

(15)    An agency operating a specialized foster home program shall have a written policy on the operation of the specialized foster home program which shall comply with the requirements of rules 5101:2-5-36, 5101:2-5-37, 5101:2-7-16, and 5101:2-7-17 of the Administrative Code, as applicable. The policy shall specify the number of foster children, including specification of the number of treatment and medically fragile foster children, for which each treatment team leader shall be responsible for providing case management services. The policy shall also specify the number of treatment team leaders for which each treatment team leader supervisor is responsible for supervision. The policy shall also specify how the agency will determine the

equivalent experience required by paragraph (A) of rule 5101:2-7-16 of the Administrative Code and/or rule 5101:2-7-17 of the Administrative Code, as applicable. The policy required by the previous sentence shall not allow one's successful parenting of his/her own children who do not have special, exceptional or intensive needs as the sole criteria for determining the equivalent experience required.

(16)    An agency operating a specialized foster home program shall have a written policy that provides for access to both planned and crisis respite care, the amount to be determined on a case-by-case basis, for children in the program's care. The respite care policy shall include, but is not limited to, the following provisions:

(a)      Utilization of respite care shall be only with the approval of the administrative director of the specialized foster care program or his or her designee.

(b)    A process for the specialized foster care program to select and approve respite care providers.

(c)   Only approved respite care providers shall be utilized.

(d)     An approved respite care provider, who is not certified as a foster caregiver or specialized foster caregiver, shall receive at least twelve hours of orientation and training relevant to the children served by the specialized foster care program and have a criminal record check conducted as for a foster caregiver pursuant to rule 5101:2-5-09.1 of the Administrative Code prior to providing respite care.

(e)   A respite care provider shall not provide respite care for children for more than two consecutive weeks unless the provider is certified as a specialized foster caregiver.

(f)    Prior to each occasion of respite care, the recommending agency shall provide the respite care provider with a copy of the JFS 01443, "Child's Education and Health Information" or the form the agency uses in lieu of the JFS 01443 completed for the child pursuant to rule 5101:2-39-08.2 of the Administrative Code as part of his case plan and at least a written summary of the child's service plan. In addition, for a medically fragile child, any nursing treatment plan containing physician orders shall be provided. The information required by this paragraph shall be provided to the respite care provider by the agency that has approved the respite care provider. Documentation that this has been

done shall be maintained in the child's case record by the agency that approved the respite care provider.

(g)   For each occasion of respite care, a respite care provider shall provide a written report of the child's stay in respite care to the specialized foster caregiver.

(h)   A respite care provider for a medically fragile child shall be certified as a foster caregiver for medically fragile children or be a licensed medical professional.

(17)    An agency operating a specialized foster home program shall have a written policy, outlining procedures for matching children with specialized foster caregivers, that ensures consideration of the child's needs, the capabilities of the specialized foster caregiver, and family-centered, neighborhood-based practices.

(18)    An agency operating a specialized foster care program shall have a written policy for at least an annual evaluation of the specialized foster care program by specialized foster caregivers, children in care, as appropriate to their age and understanding, and the families of children in care, if applicable. The policy shall address any restrictions on access to the evaluation.

(19)    An agency operating a specialized foster care program shall have a written policy to assure that all children in specialized foster care and all specialized foster caregivers and their families affiliated with the program shall have access to crisis counseling, arranged by the program, for issues or problems caused by a specific incident related to a child receiving treatment within the caregiver's home, including the death or hospitalization of a child.

(20)     An agency which is certified to operate a residential facility shall have a written admission policy specifying the type of child who will be accepted into the facility and the conditions under which a child would not be accepted.

(21)     An agency which is certified to operate a residential facility shall have a written policy and procedures regarding discipline of children or teenage mothers which shall conform to, but is not limited to, the requirements of rule 5101:2-9-21 of the Administrative Code. The discipline policy shall not allow the use of chemical or mechanical restraints.

(22)    An agency which is certified to operate a residential facility shall have a

written policy and procedures regarding the use of restraint and isolation which shall conform to, but is not limited to, the requirements of rule 5101:2-9-22 of the Administrative Code.

(23)   An agency which is certified to operate a residential facility, a treatment foster care program, or a medically fragile foster care program shall be responsible for developing and implementing a behavior intervention policy which includes a description of the facility's behavior management program. The behavior intervention policy shall, at a minimum, contain the following components:

(a)      A detailed description of the full range of behavior intervention procedures (intervention that is the least intrusive and least disruptive to the child, positive behavioral interventions, prompted relaxation, time out, physical restraints, supervised restraint, and isolation) or combination of procedures employed, including operational details of the interventions themselves and a definition of each behavior intervention;.

(b)      The use of restrictive behavior interventions, behavior management techniques or aversive procedures and identification of instances in which such procedures may be contraindicated;.

(c)   Procedures for carrying out these provisions consistent with the needs of children with disabilities;.

(d)   A description of the credentials of the personnel involved in designing, approving, implementing, monitoring and supervising the implementation of the behavior interventions.

(24)     An agency which is certified to operate a residential facility shall have a written complaint policy and procedures for children or teenage mothers and families which shall conform to, but is not limited to, the requirements of rule 5101:2-9-24 of the Administrative Code.

(25)     An agency which is certified to operate a residential facility shall have a written policy policies and procedures for administering medication to children, and teenage mothers including the self administration of medication as appropriate to a child or teenage mother's child's age and functioning level, for keeping medications in a safe place away from children or teenage mothers and for monitoring potential side effects of medication which shall conform to, but is are not limited to, the requirements of rule 5101:2-9-14 of the Administrative Code.

(26)     An agency which is certified to operate a residential facility shall have a written policy concerning visits and communications between a child or teenage mother and family and friends which shall conform to, but is not limited to, the requirements of rule 5101:2-9-16 of the Administrative Code.

(27)     An agency which is certified to operate a residential facility shall have a written policy on the use of alcohol, tobacco and tobacco products by staff and children within such facilities which shall conform to, but is not limited to, the requirements of rule 5101:2-9-06 of the Administrative Code. No residential facility shall use alcohol, tobacco or tobacco products to influence or control the behavior of a child.

(28)    An agency shall have a written policy which describes the conditions under which, and the procedures by which, a child will be discharged from an out-of-home care setting including any criteria for emergency discharges and discharges not in accordance with a child's service plan.

(29)     An agency shall have a written policy which specifies the procedures for ensuring the accessibility of the administrator or designee with executive authority to agency staff and ODJFS representatives at all times.

(30)     An agency shall have a written policy regarding access, confidentiality, maintenance, security and disposal of all records maintained by the agency.

(31)    An agency shall have a written policy which protects the confidentiality of information concerning a child and the child's family. This policy shall include the agency's procedure for disseminating information to a child fatality review board.

(32)   An agency shall have a written policy governing the agency's participation in human research projects, fund raising and publicity activities, and shall not involve a child in any such activity without the prior informed, written consent of the parent, guardian or legal custodian and the child, according to the child's age and functioning level. Such written consent shall be contained in the child's case record.

(33)    An agency shall have written personnel policies and procedures which are provided to all personnel. These personnel polices and procedures shall include, but are not limited to:

(a)         Procedures    for    recruitment,    screening,     orientation,       assignment, supervision, promotion, training, and written annual evaluation of all

employees.

(b)       Procedures for discipline of employees including suspension and dismissal.

(c)   Procedures for handling staff grievances.

(d)  Salary and fringe benefit plan.

(e)    A requirement for an employee that he shall notify the agency within twenty-four hours of any charge of any criminal offense that is brought against him. This policy shall also contain a provision that:

(i)   Failure to notify the agency within twenty-four hours of any charge of any of the crimes listed in rule 5101:2-5-09 of the Administrative Code shall result in immediate dismissal from employment.

(ii)    If the charges result in a conviction, the employee shall notify the agency within twenty-four hours of the conviction. Failure to notify the employer of any conviction of any criminal offense shall result in the employee's immediate dismissal from employment.

(iii)    Conviction of any of the crimes listed in rule 5101:2-5-09 of the Administrative Code while in the employ of the agency shall result in immediate dismissal from employment with the agency.

(34) An agency shall ensure that agency staff shall implement all current written policies of the agency and that all activities and programs occur in accordance with such policies.

(35)(34) An agency which uses volunteers or college interns shall have a written policy for screening which includes conducting criminal background checks, orienting, training, supervising and assigning volunteers and college interns, as appropriate to the function to be performed. The policy shall include a requirement for any volunteer or college intern to notify the agency within twenty-four hours of any charge of any criminal offense that is brought against him. The policy shall also contain a provision that the following provisions:

(a)   Failure to notify the agency within twenty-four hours of any charge shall

result in immediate dismissal from the agency.

(b)   If the charges result in a conviction, the volunteer or college intern shall notify the agency within twenty-four hours of the conviction. Failure to notify the agency of any conviction of any criminal offense shall result in the immediate dismissal of the volunteer or college intern from the agency.

(c)      Conviction of any of the crimes listed in rule 5101:2-5-09 of the Administrative Code while serving as a volunteer or college intern for the agency shall result in the immediate dismissal of the volunteer or college intern from the agency.

(36)(35)  An  agency  shall  have  a  written  policy,  and  procedure  which  assures protection of a child's or teenage mother's civil rights.

(37)(36) An agency shall develop and implement policies governing its adoption program pursuant to the requirements of Chapter 5101:2-48 of the Administrative Code.

(38)(37) An agency shall have a written policy on the type and extent of postfinalization adoption services that will be provided by the agency pursuant to the requirements of Chapter 5101:2-48 of the Administrative Code.

(38) An agency certified to operate a foster care program shall include in its foster care policy a copy of the JFS 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements." No additional language regarding non-discrimination in the foster care process based upon race, color, or national origin shall be permitted in the PCSA, PCPA or PNA foster care policy unless additional language is required pursuant to a federal court order and is approved by the ODJFS.

(39) An agency certified to operate a foster care program shall comply with the standards of conduct regarding MEPA and Title VI in accordance with rule 5101:2-33-11 of the Administrative Code.

(40) An agency certified to operate a foster care program shall include in its foster care policy the complaint process pursuant to rule 5101:2-33-03 of the Administrative Code.

(B)   Unless otherwise indicated, all All policies shall be submitted to ODJFS at the time of application for initial certification or recertification, upon review of PCSA foster

home records, or within ten days of a policy change.

(C) An agency shall ensure that agency staff and contractors performing work related to the functions listed in rule 5101:2-5-03 of the Administrative Code shall implement all current written policies of the agency related to those functions and that all activities and programs related to those functions occur in accordance with such policies.

(C)(D) All policies required by this chapter shall be provided to any person affected by the policy. Any policy required by this chapter shall be provided to any person upon request.

Effective:                                                     02/01/2005

R.C. 119.032 review dates:                         10/29/2004 and 05/01/2009

CERTIFIED ELECTRONICALLY

Certification

01/06/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           5101.141, 5103.03, 5103.0316

Rule Amplifies:                                  5103.02, 5103.03, 5103.0316, 5103.0319, 5103.032

Prior Effective Dates:                         12-30-66; 10-1-86; 7-2-90 (Emer.); 10-1-90; 1-1-91;

9-18-96 (Emer.); 10-21-96; 5-2-98; 7-1-00; 1-1-03