5101:2-38-10 Requirements for completing the semiannual administrative review.

 

 

 

5101:2-38-10               PCSA     Requirements     requirements     for    completing               the semiannual administrative review.

 

 

 

(A)   Each public children services agency (PCSA) required to prepare a case plan for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code shall complete the JFS 01412 "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review (SAR)" (rev. 1/2014)(rev. 7/2016) for the case plan. Each private child placing agency (PCPA) shall complete the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (rev. 1/2014) in lieu of the JFS 01412 pusuant to rule 5101:2-38-07 of the Administrative Code.

 

(B)      The PCSA or PCPA shall complete the seminannual administrative review (SAR)SAR no later than every one hundred eighty days from whichever of the following activities occurs first:

 

(1)  Date the original PCSA or PCPA court complaint was filed.

 

(2)   Date of placement.

 

(3)   Date of court ordered protective supervision.

 

(4)   Date of parent, guardian, or custodian's signature on the case plan for in-home supportive services only.

 

(C)    The PCSA or PCPA shall continue to complete the SAR no later than every one hundred eighty days from the date established pursuant to paragraph (B) of this rule.

 

(D)  The PCSA or PCPA shall complete the SAR no more than thirty days prior to the due date.

 

(E)   The PCSA shall complete the JFS 01413 "Comprehensive Assessment and Planning Model - I.S., Case Review" (rev. 8/2010) in conjunction with the JFS 01412.

 

(F)   A court hearing may take the place of a SAR if all of the following requirements are met:

 

(1)  The hearing is held in time to comply with paragraph (B) of this rule.

 

(2)    Notification is made to all required participantsthe parties to the case plan pursuant to paragraphs (H) and (I) of this ruleas outlined in paragraph (E) of

 

 

 

rule 5101:2-38-05 of the Administrative Code.

(3)   During the hearing, the court addresses each of the issues stated in paragraph

(M) or (O) of this rule.

(4)   The court hearing documents each issue either on the JFS 01412 or by journal entry.

(G)    For in-home supportive services cases, a review panel of at least two people shall conduct the SAR. The review panel shall include but not be limited to:

(1)      A  caseworker  with  day-to-day  responsibility  for,  or  familiarity  with,  the management of the child's case plan.

(2)   A supervisor or designee.

(H)   For protective supervision and substitute care cases, a review panel of at least three people shall conduct the SAR. The review panel shall include but not be limited to:

(1)      A  caseworker  with  day-to-day  responsibility  for,  or  familiarity  with,  the management of the child's case plan.

(2)   A person, not responsible for the management of the child's case plan, or for the delivery of services to the child, the child's parent, guardian, or custodian, or pre-finalized adoptive parent, or substitute caregiver.

(3)   A supervisor or designee.

(I)   The SAR shall consist of a meeting with the review panel, as defined in paragraph (G) or (H) of this rule, and the following individuals shall be invited to participateNo less than seven days prior to the SAR, the PCSA shall provide a written invitation including the date, time, and place to all of the following:

(1) For in-home supportive services cases, all parties to the case plan as outlined in paragraph (D) of rule 5101:2-38-01 of the Administrative Code.

(2) For protective supervision and substitute care cases:

(a) All  parties  to  the  case  plan  as  outlined  in  paragraph  (E)  of  rule 5101:2-38-05 of the Administrative Code.

(b) The   substitute   caregiver,   as   defined   in   rule   5101:2-1-01  of   the

Administrative Code.

(c) The two individuals selected by the child pursuant to rule 5101:2-42-90 of the Administrative Code and in accordance with the JFS 01677 "Foster Youth Rights Handbook" (rev. 5/2015), if applicable.

(3) For substitute care cases in which the child is age fourteen and older, two individuals as outlined in paragraph (G)(1)(c) of rule 5101:2-38-05 of the Administrative Code.

(1) The child's parent, guardian, or custodian, unless the child is in permanent custody.

(2) The pre-adoptive parent of the child in an adoptive placement.

(3) The child, if age and developmentally appropriate.

(4) The guardian ad litem and/or court appointed special advocate, if one has been appointed.

(5) The child's substitute caregiver, including the relative providing care for the child, if applicable.

(6) The child's attorney, if applicable.

(7) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code if applicable.

(J) The PCSA or PCPA shall provide written invitation including the date, time, and place for the SAR, to the child's parent, guardian, or custodian and child, if age and developmentally appropriate, no less than seven days prior to the SAR.

(K)(J) If a parent, guardian, or custodian, guardian ad litem, or substitute caregiver of the child cannot be located after reasonable efforts to do so; declines to participate in the SAR after being contacted; or fails to appear for the scheduled review, the PCSA or PCPA does not have to include him or her in the review.The PCSA does not have to include any individual listed in paragraph (I) of this rule if any of the following apply:

(1) Cannot be located after reasonable efforts to do so;

(2) Declines to participate in the SAR after being contacted; or

(3) Fails to appear for the scheduled review.

(L)(K) For a child adjudicated as a deserted child, pursuant to section 2151.3519 of the

Revised Code,notificationan invitation and participation of the child and parent in the SAR is not required.

(M) The PCSA or PCPA shall prepare a written summary for each SAR required for a child receiving in-home supportive services using the JFS 01412. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk, and/or circumstances requiring the agency to provide supportive services to the child/family.

(2) A conclusion regarding the appropriateness of the supportive services provided to the child and the child's parent, guardian, or custodian.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) An estimated date in-home supportive services may be terminated.

(5) Description of how the child's current living arrangement provides for the child's specific safety needs and meets the child's basic and special needs.

(6) The agency's recommendation regarding the child's custody arrangement for the next six month period.

(7) A  summary  of  why  in-home  supportive  services  shall  be  continued  or terminated.

(8) The names of all parties participating in the SAR.

(N)(L) For in-home supportive services cases, the PCSA or PCPA shall provide a copy of the SAR summary to all parties outlined in paragraph (I)(1) of this rule participating in the SAR no later than seven days after completion of the SAR. A copy of the JFS 01412 or JFS 01416 shall be maintained in the statewide automated child welfare information system (SACWIS)case record.

(O) The PCSA or PCPA shall prepare a written summary for each SAR required for a child under protective supervision using the JFS 01412. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk and/or circumstances requiring the agency to assume protective supervision of the child.

(2) A conclusion regarding the appropriateness of the supportive services provided to the child and the child's parent, guardian, or custodian.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) A summary of why protective supervision must be continued or terminated.

(5) An estimated date protective supervision may be terminated.

(6) Description of how the child's current living arrangement provides for the child's specific safety needs and meets the child's basic and special needs.

(7) The agency's recommendation regarding the child's custody arrangement for the next six-month period.

(8) The names of all parties participating in the SAR.

(P) For each child in the custody of the PCSA or PCPA who has attained the age of sixteen, the PCSA or PCPA shall request a credit report from each of the three major credit reporting agencies (CRA) each year until the child is discharged from substitute care. This may be completed simultaneously or separately throughout the year. A request shall be submitted to at least one CRA by the first SAR held after the child attains the age of sixteen.

(Q) The PCSA or PCPA shall prepare a written summary for each SAR required for a child in substitute care using the JFS 01412 or JFS 01416. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk, and/or circumstances requiring the agency to assume temporary custody of the child.

(2) A conclusion regarding the appropriateness of supportive services provided to the child and/or his or her parent, guardian, or custodian, or pre-finalized adoptive parent or substitute caregiver.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) Evaluation of whether services provided to the child and the child's parent, guardian, or custodian will help the child return to a safe environment, if applicable.

(5) Description of how the child's current living arrangement is appropriate and provides for the child's specific safety needs and meets the child's basic and special needs.

(6) A summary of the ongoing efforts to identify an appropriate potential relative or kin placement.

(7) An estimated date the child may be returned and safely maintained at home, placed with a relative or other suitable non-relative, placed in a planned permanent living arrangement, placed for adoption or finalized in an adoptive home, or prepared for independent living.

(8) A determination of whether a child with a dispositional status of planned permanent living arrangement should continue in that status or whether the agency shall file a motion with the court requesting permanent custody of the child.

(9) The extent of progress made towards meeting the needs of the child in a planned permanent living arrangement or in the permanent custody of the agency.

(10) A determination of whether a supplemental plan needs to be developed to address locating a permanent family placement for the child which may be made concurrently with reasonable efforts to safely return the child to the child's own home.

(11) If a supplemental plan is developed, indicate the agency's progress toward implementation and whether any amendments need to be made.

(12) A plan to review the life skill services to assist a child attaining the age of sixteen to prepare for the transition from substitute care to independent living pursuant to rule 5101:2-42-19 of the Administrative Code.

(13) The agency's recommendation regarding the child's custody arrangement for the next six-month period.

(14) The names of all parties participating in the SAR.

(15) The agency's recommendation regarding termination of parental rights for the child who is in the temporary custody of a PCSA for twelve or more of the previous twenty-two consecutive months.

(16) An update of the JFS 01443, "Child's Education and Health Information" (rev. 8/2010) attached to the case plan pursuant to rule 5101:2-38-05 or 5101:2-42-66.2 of the Administrative Code.

(17) The PCSA or PCPA shall document the date(s) the agency requested a copy of the consumer credit report from each of the three major CRAs pursuant to paragraph (P) of this rule.

(18) The PCSA or PCPA shall document the date(s) that each child in the custody of an agency, who has attained the age of sixteen, received the copy(ies) of their consumer credit report(s) and was assisted with the following:

(a) Interpreting the credit report.

(b) Resolving inconsistencies.

(R) For court involved cases, the PCSA or PCPA shall file with the court a copy of the SAR summary no later than seven days after completion of the SAR and shall include a copy of the amended case plan, if an amendment was completed.

(M) For protective supervision and substitute care cases the PCSA shall:

(1) File with the court a copy of the SAR no later than seven days after completion of the SAR and shall include a copy of the amended case plan as applicable.

(2) Provide a copy of the SAR to all parties to the case plan in accordance with paragraph (I)(2)(a) of this rule, before the end of the next business day, after filing the SAR with the court.

(3) Indicate, in writing, the parties identified in paragraph (I)(2)(a) of this rule shall have seven days after the date the notice is sent to object to proposed changes made in the case plan as a result of the SAR and request a hearing on the proposed change.

(S) For court involved cases, the PCSA or PCPA shall provide a copy of the SAR summary to all parties of the case plan in accordance with rule 5101:2-38-05 of the Administrative Code before the end of the next day after filing the summary with the court. A copy of the SAR summary shall be maintained in the case record.

(T) At the time the PCSA or PCPA provides a copy of the SAR summary pursuant to paragraph (Q) of this rule, the agency shall also indicate, in writing, the parties shall have seven days from notice of filing the required SAR summary with the court to object to proposed changes made in the case plan as a result of the SAR and request a hearing on the proposed change. The substitute caregiver or relative providing care for the child are not considered parties to the SAR unless otherwise determined by the court.

(N) The PCSA shall maintain a copy of the SAR and any resultant amendments to the case plan in SACWIS.

(U)

Effective:                                                             08/01/2016

Five Year Review (FYR) Dates:                         04/06/2016 and 08/01/2021

CERTIFIED ELECTRONICALLY

Certification

07/06/2016

Date

Promulgated Under:                           119.03

Statutory Authority:                           2151.416, 2151.412

Rule Amplifies:                                  2151.416, 2151.412

Prior Effective Dates:                         1/14/83, 11/01/85, 1/31/86, 1/01/89, 1/01/90, 1/01/91,

7/01/92, 6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01,

12/1/01, 3/1/06, 10/1/09, 12/31/10, 12/1/12, 5/30/14