5101:2-42-60 Placement services for infants of incarcerated mothers.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Division of Social Services                                  Michael Lynch

Division                                                                  Contact

 

OFC- 4200 E. 5th Ave., 2nd fl. J6-02 P.O. Box 183204 Columbus OH 43218-3204

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

5101:2-42-60

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Placement services for infants of incarcerated mothers.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? 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: 5153.16

5.  Statute(s) the rule, as filed, amplifies or implements: 5153.16

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

To clarify policy relating to the provision of services to infants of incarcerated mothers.

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 sets forth requirements for public children services agencies (PCSAs) to provide services to infants of incarcerated mothers. Changes to the rule include clarification regarding when the PCSA is required to conduct home assessments on relative or non-relative caregivers that the mother identifies for possible placement of the infant. Changes also include clarification about when out-of-state placements must be coordinated through the Ohio interstate compact on the placement of children (ICPC) office. The amended rule also clarifies that when the PCSA seeks custody of the infant, this can be done by court order in addition to the execution of the JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006).

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 another rule or rules of the Ohio Administrative Code (OAC). This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 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 inner-web at http://innerapp.odjfs.state.oh.us/forms/inner.asp or on the inter-net at http://www.odjfs.state.oh.us/forms/inter.asp in accordance with RC 121.75(E).

9.  If the rule incorporates a text or other material by reference, and it was 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. If applicable, indicate each

specific paragraph of the rule that has been modified:

Paragraph (B)(1) has been revised to say

(B)   Upon notification by the correctional facility that postnatal services will be needed, the PCSA in the county in which the woman was a resident at the time of incarceration, or if not an Ohio resident, the PCSA in the county in which the woman was charged or sentenced shall:

(1)   Conduct an assessment of the person or persons recommended by the incarcerated woman and provide a copy of the recommendation of approval or non-approval to the correctional facility.

(a)   In the case of the child's father, the PCSA shall conduct a parent assessment in accordance with agency policy.

(b)   In the case of a relative or non-relative caregiver, the PCSA shall conduct a home assessment in accordance with rule 5101:2-42-18 of the Administrative Code.

12.  Five Year Review (FYR) Date: 5/1/2019

(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

No impact on current budget.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure 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:

No new costs.

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

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? No

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No