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
5101:2-38-10
Rule Number
AMENDMENT
TYPE of rule filing
Rule Title/Tag Line Requirements for completing the semiannual administrative
review.
RULE SUMMARY
1. Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes
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: 2151.416, 2151.412
5. Statute(s) the rule, as filed, amplifies or implements: 2151.416, 2151.412
6. State the reason(s) for proposing (i.e., why are you filing,) this rule:
This rule is being proposed for amendment to update and clarify policy relating to the administration of the Bureau of Protection Services Child/Adult Program. The rule changes are a result of the Partners for Ohio's Families (PFOF) Rule Review Initiative. This also is part of the five-year review.
7. If the rule is an AMENDMENT, then summarize the changes and the content
Page 2 Rule Number: 5101:2-38-10
of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:
This rule contains the requirements that apply to public children services agencies and private child placing agencies for completing the semiannual administrative review. Minor changes provide consistency and clarity in language, correct paragraph references, and correct revision date of form JFS 01413 Comprehensive Assessment Planning Model - I. S. Case Review.
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. 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 RC 121.75(E).
This rule incorporated reference to ODJFS form JFS 01412 (rev. 1/2014) semiannual administrative review (SAR). This form has been electronically downloaded as an attachment.
This rule incorporated reference to ODJFS form JFS 01416 (rev. 1/2014) semiannual administrative review for private child placing agencies. This form has been electronically downloaded as an attachment.
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,
Page 3 Rule Number: 5101:2-38-10
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:
This rule is being revised to require all semiannual reviews to be reviewed by a panel of three people.
4/4/14
All volunteer in-home supportive services case semi-annual administrative reviews may be reviewed by two people. Revising based on legal interpretation. Added section 2151.412 of the Revised Code as an authorizing statute. Added paragraph
(G) back into the rule. 4/7/14
This rule is being revised to maintain federal compliance of the completion of the SAR every one hundred eighty days. Paragraph (C) requires the SAR reviews to continue every one hundred eighty days from the date established in paragraph (B) of this rule.
12. 119.032 Rule Review Date: 3/12/2014
(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.
Page 4 Rule Number: 5101:2-38-10
$0.00
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? Yes
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? Yes
Private Child Placing Agencies (PCPA) must be licensed or certified by ODJFS.
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? Yes
Failure to comply with rule may result in denial or revocation of license or certificate.
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes
Page 5 Rule Number: 5101:2-38-10
Private Child Placing Agencies (PCPA) are required to complete the JFS 01416 Semiannual Administrative Review.
Ohio Department of Job and Family Services
COMPREHENSIVE ASSESSMENT PLANNING MODEL - I.S. SEMIANNUAL ADMINISTRATIVE REVIEW (SAR)
Section 1: Identifying Information
Case Name
Agency Case Number
Last SAR Date
Today's Review Date
A SAR shall be conducted
every six months based upon whichever of the following activities occurs first: Original
Court Complaint Date Date of Placement 
Date of Court Ordered Legal Status Date of Agency Worker Signature
on Case Plan (JFS 01410) (for No Court Orders ONLY)
Names of children in family: list children from oldest to youngest.Child's Name
Child's Permanency Goal
Agency Legal Status Code
Date of Most Recent Placement
Check if Child is Protected under ICWA
Tribal Affiliation (if applicable)
Type of Placement
Permanency Goals
Maintain in own home; prevent removal Independent Living
Return the child(ren) to parent/guardian/custodian (Reunification) Adoption Place the child(ren) in a planned, permanent living arrangement, excluding adoption (PPLA)
Type of Placement Codes
Own Home OH Independent Living IL Certified Group Home GH Certified/Approved Relative CAR Adoptive Placement AH Absent Without Leave AWOL Certified/Approved Non-relative Licensed Medical/Educational Facility MEF Licensed Maternity Home MH Certified Foster Home FH Certified Emergency Shelter Care Facility ESC Detention Facility DET
Certified Children's Residential Center CRC
Agency Legal Status Codes
Temporary Custody TC Court Ordered Protective Supervision PSUP Permanent Surrender PS
Permanent Custody PC Agreement for Temporary Custody ATC Other (specify): No Custody NC Planned Permanent Living Arrangement PPLA
JFS 01412 (Rev. 1/2014)
Page 1 of 8
Section 2: Case Progress Review
A. Services Review
Attach Section 3A of the Case Review completed for this review and the previous Three Month Review to the SAR before continuing.
Section 3A of the Case Review is attached
and has been
reviewed.B. Safety and Appropriateness of Current Placement
Describe how each child's current placement, whether in own home or out-of-home placement (including relative placement, regardless of custody status), provides for the child's specific safety needs and is appropriately meeting the child's basic and special needs.
Review of the out-of-state placement indicates that an annual visit was conducted by the agency:
N/A YES Date of visit: NOSection 3: Placement Moves/Legal Status Changes
A. Placement Moves
Number of placement moves during review period (agency custody)
CHILD'S NAME
FROM
TO
DATE
Number of placement moves during review period (non-agency custody)
CHILD'S NAME
FROM
TO
DATE
B.
Legal Status ChangesNumber of legal status changes during review period
CHILD'S NAME
FROM
TO
DATE
Section 4: Permanency Goal Status
A. Describe the agency's recommendation regarding the child's custody arrangement for the next six months.
Description:
B. Describe the agency's ongoing efforts to identify an appropriate relative or kin placement for children placed in substitute care.
Description:
C.
Indicate the estimated
date each child may be returned home, protective supervision may be terminated, permanent placement may be made, or case may be closed.
If an amendment
to the current permanency goal is needed, indicate the recommended permanency goal and the estimated
date by which this goal should be achieved.
Any permanency goal change
requires an amendment to the case plan.Child's Name
Does the child's current permanency goal need to be modified?
If No, what is the estimated date to achieve the permanency goal?
If Yes, what will be the recommended permanency goal?
What is the estimated date for the amended permanency goal to be achieved?
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Will the case plan be amended as a result of this review?
Yes No
Section 5: Case Review Update
A.
The Case
Review has been completed. The
case progress is summarized below. Summary:B. Need for Substitute Care, Protective Supervision or In-Home Supportive Services
The out-of-home placement, protective supervision and/or in-home supportive services must continue or be terminated due to the following reasons:
C. Provide any additional comments or recommendations not covered in the above information.
Section 6: Child Well-Being Assessment
A. Education and Physical Health Issues
The JFS 01443, Child's Education and Health Information Form, was updated,
reviewed and discussed
for each child on this form.A copy of the
JFS 01443 was provided to the parent(s) and substitute caregiver.N/A - Child in In-Home Supportive
Services or Protective Supervision.B. Independent Living Services
For children 16 years of age or older Independent Living Service provisions are required to be a part of the case plan (PL 96-272).
Child's Name
Date(s) Life Skills Assessment was Completed
Discuss Independent Living Readiness Status
A review of the credit report for children in care age 16 years or older is required annually as part of the case review process (PL 112-34).
Child's Name
Credit Report Agency
Date Credit Report Requested
Date Credit Report Provided to the Child
Date Inconsistencies reported to OAG or N/A for no inconsistencies
Section 7: Permanency Planning
A. Explain the agency's recommendation regarding the termination of parental rights for any child who has been in the temporary custody of an agency for twelve (12) or more of the past twenty-two (22) consecutive months. If the agency is not recommending termination of parental rights, state the compelling reasons and what the permanency plan will be for the child(ren).
N/A - Child(ren) has not been in temporary
custody for twelve (12) or more of the past twenty- two
(22) consecutive months or is in In-Home Supportive
Services or Protective Supervision.Explanation:
B. Is a supplemental plan for the family needed at this time?
YES NO
C. Describe the agency's progress toward implementing an existing supplemental plan,
including whether any amendments are needed.
N/A - A supplemental plan has not been developed.Description:
D. Explain the agency's progress in meeting the needs of the child who is in a planned permanent living arrangement. Include a description of the child's relationship with his or her family, if any, and any visitation this child may be having with his or her family, extended family, kin and/or friends.
N/A - Child(ren) is not in
a planned
permanent living arrangement.Explanation:
E. Describe the agency's recommendation regarding: (1) maintaining the child in a planned permanent living arrangement; or (2) proceeding to file a motion with the court to terminate parental rights. If the decision is for the child to remain in a planned permanent living arrangement, document the reason for not reunifying with family or proceeding with the termination of parental rights.
N/A - Child(ren) is not in
a planned
permanent living arrangement.Description:
F. Describe the agency's efforts to locate an adoptive placement for a child who is in the permanent custody of the agency. Include information on child-specific recruitment activities and the results of those activities.
Child Study Inventory
has
been reviewed and updated. Date of update:
N/A - Child(ren) not in Permanent Custody
Section 8: Participant Notification
SAR Participant Name
Relationship to Child(ren)
Date Notified by
US Mail
Section 9: Participant Signatures
Identify all participants in this Semiannual Administrative Review:
Signatures of SAR Participants
Relationship to Child(ren)
Parent
Parent
Caseworker
Person not responsible for Case Management or Service Delivery
Other Panel Member
Ohio Department of Job and Family Services
SEMIANNUAL ADMINISTRATIVE REVIEW FOR PRIVATE CHILD PLACING AGENCIES
Section 1: Identifying Information
Case Name
Agency Case Number
Last SAR Date
Today's Review Date
Parent(s) Name
Agency Name
Review Period From
To
Court Name
Court ID No.
The SAR shall be conducted every six months based upon whichever of the following activities occurs first:
Original Court Complaint
Date . Date of Placement .Date of Court Ordered Legal Status .
Date of Agency Worker Signature on Case Plan (for No Court Orders ONLY).
Names of children in family: List children from oldest to youngest.
Child's Name
Child's Permanency Goal
Agency Legal Status Code
Date of Most Recent Placement
Check when Child is Protected under ICWA
Tribal Affiliation (when applicable)
Type of Placement
Child's Date of Birth
Own Home
OH
Independent Living
IL
Certified Group Home
GH
Certified/Approved Relative
CAR
Adoptive Placement
AH
Absent Without Leave
AWOL
Certified/Approved Nonrelative
ANR
Licensed Medical/Educational Facility
MEF
Licensed Maternity Home
MH
Certified Foster Home
FH
Certified Emergency Shelter Care Facility
ESC
Detention Facility
DET
Certified Children's Residential Center
CRC
Other (specify):
Temporary Custody
TC
Court Ordered Protective Supervision
PSUP
Permanent Surrender
PS
Permanent Custody
PC
Agreement for Temporary Custody
ATC
Other (Specify):
No Custody
NC
Planned Permanent Living Arrangement
PPLA
JFS 01416 (Rev. 1/2014) Page
1 of
9
Section
2: Case
Progress ReviewA. Safety and Appropriateness of Current Placement
Describe how each child's current placement, whether or not in own home or out-of-home placement (including relative placement, regardless of custody status), provides for the child's specific safety needs and is appropriately meeting the child's basic and special needs.
Review of the out-of-state placement indicates that an annual visit was conducted by the agency:
N/A YES NOWhen yes, indicate when the annual visit was conducted by the agency for children placed out-of-state:
Child's Name
Agency Visit Date
Agency Worker
Visit Location
B. Services Review
Attach the services review section of the Case Review completed for this review and the previous Three Month Review to the SAR prior to continuing.
Services Review section of the Case
Review is attached
and has been
reviewed.Case Plan Concern #
Start Date of Services:
1. Identify all services provided to address this concern.
2. Discuss the impact toward addressing safety, risk, permanency, and/or child well-being issues in detail. When applicable, include any existing barriers to services.
Case
Plan Concern #Start Date of Services:
1. Identify all services provided to address this concern.
2. Discuss the impact toward addressing safety, risk, permanency, and/or child well-being issues in detail. When applicable, include any existing barriers to services.
Case
Plan Concern #Start Date of Services:
1. Identify all services provided to address this concern.
2. Discuss the impact toward addressing safety, risk, permanency, and/or child well-being issues in detail. When applicable, include any existing barriers to services.
C. Summary of Services
Case plan services utilized during review period.
#
Supportive Services
Code Number
Participants
Part. Code
1
2
3
4
5
6
7
8
9
SUPPORTIVE SERVICES CODES
01
Counseling
12
Case Management
02
Diagnostic
13
Protective Day Care
03
Emergency Shelter
14
Parent Education
04
Information and Referral
15
Crisis Nursery
05
Therapeutic
16
Day Treatment
06
Crisis Services
17
Volunteer
07
Emergency Caretaker
18
Adoption
08
Employment and Training
19
Substitute Care
09
Environmental Management
20
Community Education
10
Homemaker or Home Health Aide
21
Unmarried Parent
11
Parent Aide
PARTICIPANT CODES
50
Individual Services
51
Family Services
52
Caregiver Services
Section 3: Placement Moves/Legal Status Changes
A. Placement Moves
Number of placement moves during review period (agency custody).
CHILD'S NAME
FROM
TO
DATE
Number of placement moves during review period (non-agency custody).
CHILD'S NAME
FROM
TO
DATE
B. Legal Status Changes
Number of legal status changes during review period.
CHILD'S NAME
FROM
TO
DATE
Section 4: Permanency Goal Status
A. Describe the agency's recommendation regarding the child's custody arrangement for the next six months.
Description
B. Describe the agency's ongoing efforts to identify an appropriate relative or kin placement for the child(ren) placed in substitute care.
Description
C. Indicate
the estimated date each child may be returned home, protective supervision may be terminated, permanent placement may be made, or case may be closed. When an amendment
to the current permanency goal is
needed, indicate the recommended permanency
goal and the estimated
date by which this goal should be achieved. Any permanency goal change requires
an amendment to the case
plan.Child's Name
Does the child's current permanency goal need modified?
When No, what is the estimated date to achieve the permanency goal?
When Yes, what will be the recommended permanency goal?
What is the estimated date for the amended permanency goal to be achieved?
Yes
No
Yes
No
Yes
No
Section
5:
Case Review UpdateA. The Case Review is complete. The summarized case progress is below.
B. Need for Substitute Care, Protective Supervision, or In-Home Supportive Services.
The out-of-home placement, protective supervision, and/or in-home supportive services must continue or be terminated due to the following reasons:
C. Provide any additional comments or recommendations not covered in the above information.
Section 6: Child Well-Being Assessment
A. Education and Physical Health Issues
The JFS
01443 "Child's Education and
Health Information" was updated,
reviewed and discussed
for each child on this form.A copy of the JFS
01443 was provided to the parent(s) and substitute caregiver.N/A - Child in In-Home Supportive
Services or Protective Supervision.B. Independent Living Services
FOR CHILDREN 16 YEARS OF AGE OR OLDER (5101:2-42-19) INDEPENDENT LIVING SERVICE PROVISIONS ARE REQUIRED TO BE A PART OF THE CASE PLAN (PL 96-272).
N/A - Child(ren) is in In-Home Supportive
Services or Protective Supervision
and/or is under the age of 16.Child's Name
Date(s) Life Skills Assessment was Completed
Discuss Independent Living Readiness Status
A review of the credit report for children in care age 16 years or older is required annually as part of the case review process (PL 112-34).
Child's Name
Credit Report Agency
Date Credit Report Requested
Date Credit Report Provided to the Child
Date Inconsistencies reported to OAG or N/A for no inconsistencies
Section 7: Permanency Planning
A. Explain the agency's recommendation regarding the termination of parental rights for any child who has been in the temporary custody of an agency for twelve (12) or more of the past twenty-two (22) consecutive months. When the agency is not recommending termination of parental rights, state the compelling reasons and what the permanency plan will be for the child(ren).
N/A - Child(ren) has not been in temporary
custody for twelve (12) or more of the past twenty-
two (22) consecutive months or is in In-Home
Supportive Services or Protective Supervision.Explanation
B. Is a supplemental plan for the family needed at this time?
YES NODescription
C. Describe the agency's progress toward implementing an existing supplemental
plan, including whether or not any amendments are needed.
N/A - A supplemental plan
has
not been developed.Description
D. Explain the agency's progress in meeting the needs of the child who is in a planned permanent living arrangement. Include a description of the child's relationship with his/her family, when any; and any visitation this child may be having with his/her family, extended family, kin and/or friends.
N/A - Child(ren) is not in
a planned
permanent living arrangement.Explanation
E. Describe the agency's recommendation regarding: (1) maintaining the child in a planned permanent living arrangement; or (2) proceeding to file a motion with the court to obtain permanent custody of the child. When the decision is for the child to remain in a planned permanent living arrangement, document the reason for not reunifying with family or proceeding with the termination of parental rights.
N/A - Child(ren) is not in
a planned
permanent living arrangement.Description
F. Describe the agency's efforts to locate an adoptive placement for a child who is in the permanent custody of the agency. Include information on child-specific recruitment activities and the results of those activities.
Child Study Inventory has been reviewed
and
updated. Date of updateN/A - Child(ren) is not in
Permanent Custody.Description
Section 8: Participant Notification
SAR Participant Name
Relationship to Child(ren)
Date Notified by
US Mail
Section 9: Participant Signatures
Identify all participants in this Semiannual Administrative Review.
Signatures of SAR Participants
Relationship to Child(ren)
Caseworker
Person not responsible for Case Management or Service Delivery
Other Panel Member
Document Information
- File Date:
- 2014-04-07
- Five Year Review:
- Yes
- CSI:
- Yes
- Rule File:
- 5101$2-38-10_PH_RV_A_RU_20140407_1048.pdf
- RSFA File:
- 5101$2-38-10_PH_RV_A_RS_20140407_1048.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 5101:2-38-10. Requirements for completing the semiannual administrative review