5101:2-38-01 Requirements for PCSA case plan for in-home supportive services without court order.  

  • Text Box: ACTION: Revised Text Box: DATE: 04/03/2014 11:21 AM

     

     

     

    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

    Michael.Lynch@jfs.ohio.gov

    Email

    5101:2-38-01

    Rule Number

    AMENDMENT

    TYPE of rule filing

    Rule Title/Tag Line              Requirements  for  PCSA  case  plan  for  in-home  supportive

    services without court order.

    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: 2151.412, 2151.421, 5103.03

    5.  Statute(s) the rule, as filed, amplifies or implements: 2151.412, 2151.421, 5103.03, 5153.16

    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.

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    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:

    The rule contains the requirements that apply to public children services agencies for completing case plans and case reviews. 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 references to the Ohio Revised Code. This question is not applicable to any incorporation by reference to the ORC because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(1).

    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.

    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

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    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:

    This rule is being revised to correct the revision date of JFS 01402 cited in paragraph (L)(6). The revision date of the JFS 01402 form should be (rev.7/2006).

    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.

    $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:

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    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

    Text Box: ACTION: Revised                                                                                                                                              Text Box: DATE: 04/03/2014 11:21 AM

    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:                                                           NO

    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 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