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

 

 

 

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

 

 

 

(A)The public children services agency (PCSA) shall prepare the case plan  when services are provided to the child in his own home or in a substitute care setting and one of the following occurs:

 

(1)The court requests the PCSA prepare a case plan when the child and his parent, guardian, custodian, or, if applicable, pre-finalized adoptive parent do not attend a detention or shelter care hearing and the complaint alleged that a child was an abused, neglected or dependent child.

 

(2)The PCSA files a complaint pursuant to section 2151.27 of the Revised Code alleging that the child is an abused, neglected, or dependent child.

 

(3)The PCSA has court ordered temporary custody or permanent custody of the child.

 

(4)The court orders the PCSA to provide protective supervision for a child living in his own home.

 

(5)The court orders the PCSA to place the child in a planned permanent living arrangement.

 

(B)When initiating the case planning process the PCSA shall:

 

(1)Provide verbal or written notification to the following parties of their responsibility to work with the agency in jointly developing, implementing, and reviewing the case plan utilizing the JFS 01410 "Comprehensive Assessment Planning Model - I.S., Case Plan" (rev. 2/2006) at least seven days prior to the date the case plan is completed:

 

(a) Child's parent, guardian, or custodian.

 

(b) Pre-finalized adoptive parent, if applicable.

 

(c) Guardian ad litem and/or court appointed special advocate, if one has been appointed.

 

(d)Child, if age appropriate.

 

(e) The Indian tribe and extended relatives as defined by the child's tribe, if applicable.

 

(2)Work with all parties on the development, implementation, and review of the case plan; attempt to obtain agreement on the contents of the case plan by the parties mentioned in paragraph (B)(1) of this rule and provide each party with a copy of the JFS 01410.

 

 

(3) Inform all parties that when agreement cannot be obtained on the contents of the case plan, the parties must present evidence on the contents of the case plan at the dispositional hearing and the court will determine the contents of the case plan based upon the evidence presented.

(4) The PCSA shall provide the substitute caregiver, including a relative who is fulfilling this role, verbal or written notification of the opportunity to participate in the development, implementation, and review of the case plan at least seven days prior to the date the case plan is completed. The date and method of notification shall be documented in the case record.

(C) The PCSA shall develop one case plan per case unless directed otherwise by an order of the court.

(D) When a case plan is required as a result of events outlined in paragraph (A) of this rule, the PCSA shall file the JFS 01410 with the court based upon whichever of the following occurs first:

(1) No later than thirty days from the date the complaint was filed or the child was placed in shelter care.

(2) Prior to the adjudicatory hearing on the complaint.

(E) When sufficient information is not available to complete any element contained on the JFS 01410, the PCSA shall specify in the JFS 01410 the additional information which needs to be obtained in order to complete the case plan and the steps that will be taken to obtain the necessary information; and file the JFS 01410 with the court in accordance with paragraph (D) of this rule.

(F) If the case plan is filed pursuant to paragraph (E) of this rule, all parts of the JFS 01410 shall be completed and submitted to the court based upon whichever of the following occurs first:

(1) Thirty days after the adjudicatory hearing on the complaint.

(2) The date of the dispositional hearing on the complaint.

(G) The case plan shall be based on the completion of the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev. 2/2006) which provides an assessment of safety and risk to the child and any additional information obtained.

Completion of the JFS 01400 is not required to complete a case plan resulting from the following family in need of service intakes:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(H)The JFS 01410 shall serve as the permanency plan for the child.

(I) Once the court has journalized the JFS 01410, the parties, including PCSA staff are bound by the provisions outlined in the case plan. Failure to comply with the case plan by any party to the case plan may result in a finding of contempt of court. The JFS 01410 provides such notice to all parties.

(J) The PCSA, or any other party, may request a change in the case plan, not limited to child's placement and visitation rights, by filing the proposed change with the court and giving written notice of the proposed change to all affected parties, including the guardian ad litem and/or court appointed special advocate. Notification shall be provided no later than the close of business of the day after the proposed change is filed with the court. All parties, and the guardian ad litem, and/or court appointed special advocate may object to the change and request a court hearing on the proposed change within seven calendar days of the filing with the court. If the court does not approve or disapprove the change, does not schedule a hearing, and makes no decision regarding the change, the PCSA can implement the change no earlier than fifteen days after it is filed with the court.

(K) The PCSA shall contact the child's parent, guardian, or custodian, or pre-finalized adoptive parent, if applicable, and the guardian ad litem and/or court appointed special advocate and seek prior agreement for any amendment to the case plan when any of the following occurs:

(1) The conditions of either the child or his parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the legal status of the child or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; returned to his parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child has attained the age of sixteen and programs and life skill services will be offered, as appropriate.

(5) A change in the visitation plan for a child in substitute care needs to be made.

(6) Relevant factors within the parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent's environment are identified by the PCSA or the

child's parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent.

(7) A party must be added or deleted from the JFS 01410.

(L) The PCSA shall attempt to obtain the signatures of the parent, guardian, or custodian or, if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, when an amendment is made to the JFS 01410.

(M) The PCSA shall record, on the JFS 01410, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days of the agreement. The PCSA may implement the amendment fifteen days after submittal if the court has journalized the JFS 01410 with or without a hearing.

(N) When an amendment is not agreed upon by the child's parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, the PCSA shall request the court schedule a hearing to consider the amendment.

(O) In an emergency situation or if a child is in immediate danger of serious harm, the PCSA shall:

(1) Implement the change and amend the case plan.

(2) Notify all parties, the child's guardian ad litem, and the court of the change before the end of the next day after the change is made.

(3) File a statement of the change with the court within three calendar days of the change.

(4) Give notice of the filing along with a copy of the statement  within  three calendar days of the change to the child's parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed.

(P) In an emergency situation, all parties to the case plan and the guardian ad litem and/or court appointed special advocate have ten days to object to the change in the case plan and to request a hearing regarding the change with the court. If the objection and request for a hearing is filed with the court, the PCSA shall continue to implement the change unless the court disapproves. If the court does not approve the change, the PCSA may not continue implementation; the PCSA must revert back to implementing the provisions of the journalized case plan.

(Q) In cases of a deserted child, notification and participation of the child, parent, guardian, or custodian are not required in the development of the case plan or any amendments to the case plan.

(R) For court-ordered protective supervision cases, the PCSA shall make face-to-face contact with each parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent, and child participating in and being provided services through the case plan no less than monthly to monitor progress on the case plan objectives. At least one contact every two months must be made in the child's home.

(S) For cases with children in custody, face-to-face contact with the child shall be made pursuant to rule 5101:2-42-65 of the Administrative Code. Face-to-face contact with each parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent participating in and being provided services through the case plan shall be made no less than monthly to monitor progress on the case plan objectives. At least one contact every two months must be made in the parent's, guardian's, or custodian's, or, if applicable, pre-finalized adoptive parent's home.

(T) If the initial attempt to complete face-to-face contact pursuant to paragraph (R) or (S) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contacts within the calendar month.

(U) The PCSA may suspend home visits with the parent, guardian, or custodian of a child in PCSA custody when conducting visits in the home presents a threat to the safety of the caseworker. A written justification to suspend visits in the home shall be documented in the case record and shall include all of the following:

(1) Identification of the specific threat to the caseworker's safety and the person who poses the threat.

(2) Documentation  of  other  measures  taken  to  assure  worker  safety  prior  to suspension of home visits.

(3) The anticipated length of time that home visits are to be suspended.

(4) The signature of the executive director or his designee authorizing suspension of home visits.

(V) When home visits are suspended pursuant to paragraph (U) of this rule, the PCSA shall conduct monthly face-to-face visits with the parent, guardian, or custodian of the child in a location which assists in ensuring the safety of the caseworker.

(W) The PCSA shall review the progress in achieving the case plan objectives and services by completing the JFS 01413 "Comprehensive Assessment Planning Model - I.S., Case Review" (rev. 2/2006) pursuant to rule 5101:2-38-09 of the Administrative Code.

(X) The PCSA shall conduct semiannual administrative reviews of the case plan pursuant to rule 5101:2-38-10 of the Administrative Code.

(Y) The PCSA may develop a supplemental plan for locating a permanent family placement for a child. The supplemental plan shall not be considered a part of the case plan . Any supplemental plan shall be discussed and reviewed with the parent, guardian, or custodian. The supplemental plan does not require agreement or approval by the parent, guardian, or custodian.

(Z) The PCSA shall maintain a copy of the original JFS 01410, all amendments to the JFS 01410, all supplemental plans, and all documentation of the face-to-face contacts, including all attempts to monitor progress on the case plan objectives, in the child's case record in accordance with rule 5101:2-33-23 of the Administrative Code.

(AA) The PCSA shall attach the JFS 01443 "Child's Education and Health Information" (rev. 2/2006), to the JFS 01410 for each child placed in a substitute care setting.

(BB) Case closure shall occur when either of the following occurs:

(1) The PCSA has determined the case may be closed as there are no active safety threats and the overall level of risk has been reduced.

(2) The court has ordered the case closed.

(CC) Upon completing case closure the PCSA shall complete all of the following:

(1) Notify the principals of the case closure.

(2) Complete and sign the JFS 01411 "Comprehensive Assessment Planning Model

-I.S., Amended Case Plan Cover Sheet" (rev. 2/2006).

(3) File the JFS 01411 with the court in accordance with paragraph (J) of this rule.

Replaces:                                                     5101: 2-39-08.1

Effective:                                                     03/01/2006

R.C. 119.032 review dates:                         03/31/2009

CERTIFIED ELECTRONICALLY

Certification

02/03/2006

Date

Promulgated Under:                           119.03

Statutory Authority:                           2151.412, 2151.421, 5103.03

Rule Amplifies:                                  2151.412, 2151.421, 5103.03

Prior Effective Dates:                         1/14/83, 3/20/83, 3/21/83, 11/1/85 (Emer.), 1/1/86,

1/29/86 (Emer.), 1/31/86, 4/1/86 (Emer.), 1/1/87,

3/20/87, 9/28/87 (Emer.), 12/23/87 (Emer.), 3/15/88,

7/1/88 (Emer.), 9/1/88, 1/1/89, 10/1/90, 7/1/92, 9/1/93,

6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 12/1/01,

09/19/05