5101:2-38-05 PCSA case plan for children in custody or under protective supervision.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Division of Social Services                                  Mike Lynch

Division                                                                  Contact

 

30 E. Broad St., 31st Floor ODJFS, Office of Legal Services Columbus OH 43215-3414

466-4605               752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5101:2-38-05

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              PCSA case plan for children in custody or under protective

supervision.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 2151.412, 2151.421, 5103.03

5.  Statute(s) the rule, as filed, amplifies or implements: 2151.412, 2151.421, 5103.03

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

To revise the system of risk assessment and case planning for public children services agencies.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule establishes the requirements for public children services agencies (PCSAs) to complete a case plan for a family in which the agency holds custody of a child or when the case plan is court ordered. This rule will be replacing rule 5101:2-39-081 for PCSAs that are implementing the Comprehensive Assessment and Planning Model - Interim Solution.

It contains the requirements of the rule that it is replacing and adds a requirement that the PCSA notify the Indian tribe and extended relatives if a child qualifies under the Indian Child Welfare Act. A limitation that only one case plan can be developed per case unless directed otherwise by an order of the court has been established. Utilizing the Comprehensive Assessment Planning Model- I.S. Family Assessment in order to develop a case plan for a family for cases that meet the criteria established is required. Time frames for the public children services agencies to notify all parties and the court of a change to the case plan in emergency situations have been revised. Criteria regarding when public children services agencies may close a case that is court involved is identified. Procedures to be completed by the public children services agencies in order to close a case are established. The case plan amendment is required to be filed by the public children services agencies with the court. Language incorporating the use of the Comprehensive Assessment Planning Model- I.S. tools has been incorporated throughout this rule.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule incorporates one or more references to the Ohio Revised Code. This question is not applicable to any incorporation by reference to the ORC because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(1).

This rule incorporates one or more references to another rule or rules of the Ohio Administrative Code. This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(3).

This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) in accordance with ORC 121.75(E).

infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Throughout this rule, revisions were made to reflect the change in the form number for the case plan. In paragraph (CC)(1), the form number for the case plan amendment sheet was revised.

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

Not applicable

necessitated by the proposed rule:

Not applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Public children service agencies may experience an increase in administrative cost in order to comply with reviewing each case plan once every ninety days. This is dependent upon each agency's current practice.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No