5101:2-39-01 Removal of a child from his or her own home.

 

 

 

5101:2-39-01               Removal of a child from his own home.

 

 

 

(A)When the public children services agency (PCSA) has completed a JFS 01401 "Comprehensive Assessment and Planning Model - I.S., Safety Assessment" (rev. 2/2006), or a safety re-assessment, and a determination is made that the family cannot manage current active safety threats and the family is unable or unwilling to participate in an out-of-home safety plan, the PCSA shall pursue removal of the child from his own home. When removing a child from his own home, the PCSA shall:

 

(1) Comply with rules 5101:2-42-48, 5101:2-42-52, 5101:2-42-53, 5101:2-42-54,

5101:2-42-55, 5101:2-42-56, and 5101:2-42-58 of the Administrative Code if the child is an Indian child, or the agency has reason to believe the child may be an Indian child.

 

(2)Provide pre-placement services to the child and his parent, guardian, or custodian in accordance with the requirements contained in rule 5101:2-40-02 of the Administrative Code.

 

(3)Complete and provide the substitute caregiver with an individual child care agreement pursuant to rule 5101:2-42-90 of the Administrative Code.

 

(B)When emergency removal of a child from his own home is necessary, the PCSA shall consider removal procedures in the following order:

 

(1)Filing a complaint in the juvenile court with a motion requesting emergency removal of the child and providing notice in advance to the parent, guardian, or custodian regarding the time of the court hearing.

 

(2) Petitioning the court for an ex parte emergency order to remove the child.

 

(3)Requesting the assistance of a law enforcement officer or a duly authorized officer of the court.

 

(4)Following the most preferred procedure for the emergency removal of a child that will not endanger the child.

 

(C)The PCSA shall remove a child and provide temporary emergency care for a child considered to be in need of protection, without agreement or commitment, when all of the following conditions exist:

 

(1) The parent, guardian, or custodian is unavailable.

 

(2) The child is in a life-threatening situation requiring immediate intervention.

 

(3) Time does not permit obtaining a court order.

 

(D)When a PCSA removes a child pursuant to paragraphs (B)(2), (B)(3), and (C) of this

 

 

rule, it shall petition the court for an order authorizing the continued placement of the child within twenty-four hours or the next working day and request a determination by the court that reasonable efforts were not possible due to the urgent nature of the child's removal.

(E) When emergency removal of the child occurs and the parent, guardian, or custodian is present, the PCSA shall provide the child, when age-appropriate, and parent, guardian, or custodian with the following information verbally and in writing.

(1) Reason for emergency removal.

(2) PCSA  name,  telephone  number,  address,  and  name  of  person  to  contact regarding the case.

(3) Visitation schedule prior to a journalized case plan.

(4) Time and place of court hearings, when known and applicable.

(5) When known, the name and telephone number of the employee designated by the court to provide the appointment of counsel to a parent, guardian, or custodian who cannot afford to hire an attorney.

(F) When emergency removal of a child occurs in the absence of the parent, guardian, or custodian, the PCSA shall provide or attempt to provide the parent, guardian, or custodian with the information stated in paragraphs (E)(1) to (E)(4) of this rule within twenty-four hours. Notification shall be given verbally and in writing.

(G) The PCSA is not required to duplicate any written notice that has previously been provided by a court officer or court employee.

(H) The PCSA shall request assistance from the appropriate law enforcement agency to remove a child when any of the following conditions exist:

(1) The PCSA is unable, due to the immediacy of the situation, to obtain a court order authorizing the emergency removal of a child.

(2) The PCSA is denied entry into the home, or is denied access to the child.

(3) The parent, guardian, or custodian or child offers physical resistance to the emergency removal.

(4) The safety of the child or PCSA employee is jeopardized.

(I) When relative placements have been explored and determined to be unavailable or unsuitable, the PCSA shall ensure that the temporary emergency care for the child is in the least-restrictive, most family-like setting available to meet the needs of the child in accordance with rule 5101:2-42-05 of the Administrative Code.

(J) When the PCSA removes a child from the home due to abuse, neglect or dependency and the family is a participant in Ohio works first (OWF), the PCSA shall notify the county department of job and family services (CDJFS) of the child's removal according to procedures contained in the OWF county plan of cooperation. The child's parent, guardian, or custodian may continue to participate in OWF and receive cash assistance for up to six payment months when the PCSA completes the following activities:

(1) Notifies the CDJFS at the time the PCSA takes the child into custody that it believes the child will be able to return to the home within six months.

(2) Informs the CDJFS at the end of the first five months after the PCSA takes the child into custody of the following:

(a) The parent, guardian, or custodian, or specified relative of the child is cooperating with the case plan prepared pursuant to rule 5101:2-38-05 of the Administrative Code.

(b) The PCSA is making reasonable efforts to return the child to the home of the OWF assistance group.

(K)The PCSA shall document the following information in the case record:

(1) Provision of preplacement services.

(2) Provision of information to the potential caretaker.

(3) Provision of the individual child care agreement to the substitute caregiver.

(4) Attempts to provide the parent, guardian, or custodian with notification of the child's emergency removal.

(5) Attempts to provide the parent, guardian, or custodian with notification of any court hearings.

(6) Copies of ex parte emergency orders, if applicable, and the court determination that reasonable efforts were not possible due to the urgent nature of the child's removal.

(7) Notification to the CDJFS regarding removal of the child from the home and expected date for reunification of the child with his parent, guardian, or custodian, if applicable.

(8) Notifications to the child.

Replaces:                                                     5101:2-39-12

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, 5101.02, 5103.03, 5153.16

Rule Amplifies:                                  2151.412, 2151.421, 5101.02, 5103.03, 5153.16,

5107.10, 5153.16

Prior Effective Dates:                         1/14/83, 1/1/87, 1/1/88, 1/1/89, 10/1/97 (Emer.),

12/30/97, 3/18/99 (Emer.), 6/17/99, 7/1/00, 4/1/01