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

 

 

 

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

 

 

 

(A)    Public children services agencies (PCSA) are responsible for establishing policies and procedures for service coordination with correctional facilities and hospitals on behalf of infants born to women who are incarcerated.

 

(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  a  home  an  assessment  of  the  proposed  relative  or  non-relative

caregiver person or persons recommended by the incarcerated

woman, in

accordance with rule 5101:2-42-18 of the Administrative Code, and provide a copy of the findings and 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.

(2)   Coordinate with Ohio's interstate compact on the placement of children (ICPC) office in accordance with rules 5101:2-52-02 to 5101:2-52-08 of the Administrative Code the local children services agency in another state to request a home assessment, when the proposed relative or non-relative caregiver lives out-of-state.

(3)     Obtain temporary custody of the infant by execution of the JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) in accordance with rule rules 5101:2-42-06 or and 5101:2-42-08 of the Administrative Code

or  by  court  order,

if:

the  incarcerated  woman  has  not  recommended  a

caregiver, or if the home assessment does not recommend the caregiver.

(a) The infant is not remaining with the mother as part of a prison nursery program;

(b) The incarcerated woman has not recommended a caregiver; or

(c) The home assessment conducted pursuant to paragraph (B)(1) of this rule does not recommend approval of the caregiver.

(4)    Assist the incarcerated mother, if the mother wants chooses a private child

placing agency (PCPA) or Ohio attorney to participate in the planning for her infant by:

(a) Contacting the Ohio department of job and family services (ODJFS) to verify licensure giving the agency authority to place children.

(b)(a) Advising the incarcerated woman that any out-of-state placements through a PCPA or Ohio attorney will need to shall be coordinated with the Ohio interstate compact on the placement of children ICPC (ICPC) office in accordance with rules 5101:2-52-02 to 5101:2-52-08 Chapter 5101:2-52 of the Administrative Code.

(c)(b) Contacting the PCPA or Ohio attorney to assure that a plan has been completed.

(C)    When the PCSA of jurisdiction is not located in the county in which the infant is hospitalized, and due to circumstances beyond the PCSA's control, the PCSA is unable to obtain custody and care of an infant requiring immediate placement, the PCSA in the county in which the infant is hospitalized shall:

(1)     Obtain temporary custody of the infant by execution of the JFS 01645 in accordance with rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code or by court order.

(2)      Secure the infant's release from the hospital and place the infant in an appropriate substitute care setting.

(3)   Advise the PCSA of jurisdiction, as identified in paragraph (B) of this rule, of the action taken and the child's ongoing need for care.

(D)   Upon notification, the PCSA of jurisdiction shall arrange for care and custody of the child.

(E)   The PCSA which holds custody of the infant is responsible for costs of medical care and services to the infant, commencing at the time of the infant's birth if other financial resources are insufficient or do not exist. If a local PCSA obtained temporary custody of the infant in accordance with paragraph (C) of this rule, the PCSA of jurisdiction shall reimburse the local PCSA for all its actual costs.

(F)     The PCSA of jurisdiction and the local PCSA shall act in a timely manner in coordinating the transfer of custody and reimbursement costs.

Effective:                                                             06/01/2016

Five Year Review (FYR) Dates:                         05/01/2019

CERTIFIED ELECTRONICALLY

Certification

04/12/2016

Date

Promulgated Under:                           119.03

Statutory Authority:                           5153.16

Rule Amplifies:                                  5153.16

Prior Effective Dates:                         10/1/85 (Emer.), 12/23/85 (Emer.), 1/2/86, 2/1/03,

4/20/08, 5/10/14