5101:2-38-10 Requirements for completing the semiannual administrative review.

 

 

 

5101:2-38-10               Requirements  for  completing  the  semiannual  administrative review.

 

 

 

(A)   Each public children services agency (PCSA) required to prepare a case plan for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code shall complete the JFS 01412 "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review" (rev. 8/2010)(rev. 9/2012) for the case plan no later than every six months from whichever of the following activities occurs first:

 

(1)  Original court complaint date.

 

(2)   Date of placement.

 

(3)   Date of court ordered protective supervision.

 

(4)   Date of parent, guardian, or custodian's signature on the case plan for in-home supportive services only.

 

(B)   The PCSA shall complete the JFS 01412 no later than every six months from the date of the first semiannual administrative review (SAR) is completed pursuant to paragraph (A) of this rule.

 

(C)  The PCSA shall complete the SAR no more than thirty days prior to the due date.

 

(D)   The PCSA shall complete the JFS 01413 "Comprehensive Assessment and Planning Model - I.S., Case Review" (rev. 8/2010) in conjunction with the JFS 01412.

 

(E)   A court hearing may take the place of a SAR if all of the following requirements are met:

 

(1)  The hearing is held in time to comply with paragraph (A) of this rule.

 

(2)   Notification is made to all required participants pursuant to paragraphs (H)(J) and (I)(K) of this rule.

 

(3)   During the hearing, the court addresses each of the issues stated in paragraph (M)(O) or (N)(P) of this rule.

 

(4)   The court hearing documents each issue either on the JFS 01412 or by journal entry.

 

 

 

 

(F) The PCSA shall document the date that each child, who has attained the age of sixteen, received a copy of their consumer credit report and was assisted with the following:

(1) Interpreting the credit report.

(2) Resolving inconsistencies.

(G) The PCSA shall complete the activities outlined in paragraph (F) of this rule at the first SAR held after the effective date of this rule or at the first SAR held after the child attains the age of sixteen, and no less than annually thereafter.

(F)(H) For in-home supportive services cases, the SAR shall be conducted by a review panel of at least two people, including but not limited to:

(1)       Caseworker  with  day-to-day  responsibility  for,  or  familiarity  with,  the management of the child's case plan.

(2)   A supervisor or designee.

(G)(I) For protective supervision and substitute care cases, a review panel shall conduct the SAR. The review panel shall have at least three people, including, but not limited to:

(1)      A caseworker with day-to-day responsibility for, or familiarity with, the management of the child's case plan.

(2)   A person, not responsible for the management of the child's case plan, or for the delivery of services to the child, his or her parent, guardian, or custodian, or pre-finalized adoptive parent, or substitute caregiver.

(3)   A supervisor or designee.

(H)(J) The SAR shall consist of a meeting with the review panel, as defined in paragraph (F)(H) or (G)(I) of this rule, and the following individuals:

(1)     The child's parent, guardian, or custodian, unless the child is in permanent custody.

(2)   The pre-adoptive parent of the child in an adoptive placement.

(3)   The child, if age appropriate.

(4)   The guardian ad litem and/or court appointed special advocate, if one has been appointed.

(5)    The child's substitute caregiver, including the relative providing care for the child, if applicable.

(6)   The child's attorney, if applicable.

(7)   The Indian child's tribe and Indian child's custodian(s) as defined by the child's tribe, if applicable.

(I)(K) The PCSA shall provide written notification, including the date, time, and place for the SAR.

(J)(L) If a parent, guardian, or custodian, guardian ad litem, or substitute caregiver of the child cannot be located after reasonable efforts to do so; declines to participate in the SAR after being contacted; or fails to appear for the scheduled review, the PCSA does not have to include him or her in the review.

(K)(M) For a child, adjudicated as a deserted child, notification and participation of the child and parent in the SAR is not required.

(L)(N) The PCSA shall prepare a written summary for each SAR required for a child receiving in-home supportive services using the JFS 01412. The summary shall contain all of the following information:

(1)    The extent of progress made toward alleviating the safety threats, risk, and/or circumstances requiring the PCSA to provide supportive services to the child/family.

(2)   A conclusion regarding the appropriateness of the supportive services provided to the child and his or her parent, guardian, or custodian.

(3)    An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4)   An estimated date by which in-home supportive services may be terminated.

(5)   Description of how the child's current placement provides for the child's specific safety needs and meets the child's basic and special needs.

(6)   The PCSA's recommendation regarding the child's custody arrangement for the next six month period.

(7)      A  summary  of  why  in-home  supportive  services  shall  be  continued  or terminated.

(8)   The names of all parties participating in the SAR.

(M)(O) The PCSA shall prepare a written summary for each SAR required for a child under protective supervision using the JFS 01412. The summary shall contain all of the following information:

(1)    The extent of progress made toward alleviating the safety threats, risk and/or circumstances requiring the PCSA to assume protective supervision of the child.

(2)   A conclusion regarding the appropriateness of the supportive services provided to the child and his or her parent, guardian, or custodian.

(3)    An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4)   A summary of why protective supervision must be continued or terminated.

(5)   An estimated date protective supervision may be terminated.

(6)   Description of how the child's current placement provides for the child's specific safety needs and meets the child's basic and special needs.

(7)   The PCSA's recommendation regarding the child's custody arrangement for the next six-month period.

(8)   The names of all parties participating in the SAR.

(N)(P) The PCSA shall prepare a written summary for each SAR required for a child in substitute care using the JFS 01412. The summary shall contain all of the following information:

(1)    The extent of progress made toward alleviating the safety threats, risk, and/or circumstances requiring the PCSA to assume temporary custody of the child.

(2)    A conclusion regarding the appropriateness of supportive services provided to the child and/or his or her parent, guardian, or custodian, or pre-finalized adoptive parent or substitute caregiver.

(3)    An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4)    Evaluation of whether services provided to the child and his or her parent, guardian, or custodian will help the child return to a safe environment, if applicable.

(5)   Description of how the child's current placement is appropriate and provides for the child's specific safety needs and meets the child's basic and special needs.

(6)   A summary of the ongoing efforts to identify an appropriate potential relative or kin placement.

(7)    An estimated date the child may be returned and safely maintained at home, placed with a relative or other suitable non-relative, placed in a planned permanent living arrangement, placed for adoption or finalized in an adoptive home, or prepared for independent living.

(8)     A determination of whether a child with a dispositional status of planned permanent living arrangement should continue in that status or whether the agency shall file a motion with the court requesting permanent custody of the child.

(9)   The extent of progress made towards meeting the needs of the child in a planned permanent living arrangement or in the permanent custody of the agency.

(10)    A determination of whether a supplemental plan needs to be developed to address locating a permanent family placement for the child which may be made concurrently with reasonable efforts to safely return the child to his or her own home.

(11)    If a supplemental plan is developed, indicate the agency's progress toward implementation and whether any amendments need to be made.

(12)    A plan to review the life skill services to assist a child attaining the age of sixteen to prepare for the transition from substitute care to independent living pursuant to rule 5101:2-42-19 of the Administrative Code.

(13)   The PCSA's recommendation regarding the child's custody arrangement for the next six-month period.

(14)   The names of all parties participating in the SAR.

(15)    The PCSA's recommendation regarding termination of parental rights for the child who is in the temporary custody of a PCSA for twelve or more of the previous twenty-two consecutive months.

(16)   An update of the JFS 01443, "Child's Education and Health Information" (rev. 8/2010) attached to the case plan pursuant to rule 5101:2-38-05 or 5101:2-42-66.2 of the Administrative Code.

(O)(Q) The PCSA shall file with the court a copy of the SAR summary for court involved cases no later than seven days after completion of the SAR and shall include a copy of the amended case plan, if an amendment was completed.

(P)(R) For court involved cases, the PCSA shall provide a copy of the SAR summary to all parties of the SAR and the guardian ad litem and/or court appointed special advocate before the end of the next day after filing the summary with the court. A copy of the SAR summary shall be maintained in the case record no later than fourteen days after the completion of the SAR.

(Q)(S) At the time the PCSA provides a copy of the SAR summary to all parties and the guardian ad litem and/or court appointed special advocate, the agency shall also indicate, in writing, all parties who participated in the SAR and the guardian ad litem and/or court appointed special advocates shall have seven days from notice of filing the required SAR summary with the court to object to proposed changes made in the case plan as a result of the SAR and request a hearing on the proposed change. The substitute caregiver or relative providing care for the child are not considered parties to the SAR.

(R)(T) For in-home supportive services cases, the PCSA shall provide a copy of the SAR summary to all parties participating in the SAR no later than seven days after completion of the SAR.

(S)(U) The PCSA shall maintain a copy of the JFS 01412 in the case record.

Effective:                                                     12/01/2012

R.C. 119.032 review dates:                         12/01/2015

CERTIFIED ELECTRONICALLY

Certification

10/05/2012

Date

Promulgated Under:                           119.03

Statutory Authority:                           2151.416

Rule Amplifies:                                  2151.416

Prior Effective Dates:                         1/14/83, 11/01/85, 1/31/86, 1/01/89, 1/01/90, 1/01/91,

7/01/92, 6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01,

12/1/01, 3/1/06, 10/1/09, 12/31/10