| |
5101:2-34-32 PCSA
requirements for assessments and investigations.
Effective Date: June 25, 2004.
Most current prior effective date: December
1, 2001.
(A) Upon receipt of a report of a child at
risk of abuse and neglect, the PCSA shall determine the immediacy of need for
agency response based on information from the following sources:
(1) The
information from the referrent The referent;
(2) Agency records for the family; and
(3) Information
obtained from collateralCollateral sources.
(B) The PCSA may request assistance of law
enforcement at any time during an assessment/investigation for any reason
including, but not limited to, worker safety.
(C) The PCSA shall consider the report an
emergency when it is determined that there is an imminent risk
threat to the child's safety or there is insufficient information to
determine whether or not the child is safe at the time of the report.
(D) For emergency reports, the PCSA shall
attempt a face-to-face contact
with the alleged child victim within one hour of the receipt of the report.
(E) For all other reports, the PCSA shall
attempt a face-to-face or
telephone contact within twenty-four hours with a principal or collateral source
to ensure that the child is safe, and attempt a
face-to-face contact with the alleged child victim within three
calendar days of receipt of the report.
(F) For any report alleging that an
infant has been born and identified as affected by illegal substance abuse or
withdrawal symptoms resulting from prenatal drug exposure, the PCSA shall assess
safety and risk pursuant to rule 5101:2-34-33 of the Administrative Code and
develop a plan of safe care for the infant as needed.
(F)(G)
If the PCSA has attempted to make a
face-to face
face-to-face contact with the alleged child victim and
the child was unavailable, the PCSA shall continue making attempts at least
every five working days until the child is seen or until the PCSA is required to
make a case resolution and disposition pursuant to paragraphs (S)
and (T) (V) and (W) of this rule.
(G)(H)
The PCSA shall: conduct:
(1) Face to
face Conduct and document face-to-face interviews with
all adults residing in the home of the alleged child victim and the alleged
perpetrator (unless law enforcement or the county prosecutor will interview
the alleged perpetrator pursuant to the procedures delineated in the child
abuse and neglect memorandum of understanding) in order to:
(a) Assess their knowledge of the
allegation;
(b) Observe the interaction of
between the alleged child victim and caretaker; and
(c) Obtain relevant information regarding
the risk to the child.
(2) Advise the alleged perpetrator
of the allegations made against him or her at the time of the initial contact
with the individual. The initial contact between the caseworker beginning to
investigate an abuse or neglect report and the adult subject(s) of such
investigation may include the first face-to-face contact as well as telephone
contacts with those adults when information is gathered as part of the
investigation process.
(2)(3)
Face to face Conduct
and document face-to-face interviews with each child residing within the
home.
(a) The purpose of the interviews is to:
(i) Evaluate each child's condition and
safety; and
(ii) Obtain each child's explanation of
the allegations contained in the report.
(b) When possible, each child should be
interviewed separately from the alleged perpetrator.
(c) The PCSA need not interview a child if
it is determined:
(i) That the child does not have
sufficient verbal skill; or
(ii) That additional interviewing would be
detrimental, unless requested by lead PCSA pursuant to paragraph (O)
(Q) of this rule.
(d) Should the PCSA not interview a child
residing in the home, the PCSA must document the justification in the case
record.
(3)(4)
Face to face Conduct
and document face-to-face interviews or telephone contacts with any
persons identified as possible sources of information sources
during the assessment/investigation to obtain relevant information regarding
the risk to the children. Discretion shall be exercised in the selection of
collateral sources to protect the family or out-of-home care setting's right
to privacy. To protect the confidentiality of the principals, persons shall
not be randomly interviewed.
(H)(I)
The PCSA shall take any other actions necessary to assess the risk to the
child including, but not limited to:
(1) Taking photographs of areas of trauma on
the child's body;
(2) Taking photographs of the child's
environment (with the caretaker's consent);
(3) Securing a medical,
and/or psychological examination/evaluation of the child (with
consent of the child, parent, guardian, or custodian;
or with a court order); or
(4) Securing any relevant records (including
but not limited to school, mental health, medical, incident reports in an
out-of-home care setting).
(I)(J)
At any time the PCSA determines a child to be at imminent risk of harm,
the PCSA shall:
(1) Immediately enact a safety plan, pursuant
to rule 5101:2-34-37 of the Administrative Code, utilizing the ODJFS
JFS 01510, "Family Decision Making Model, Safety Plan for
Children"; and/or
(2) Contact law enforcement; and/or
(3) Remove the child pursuant to rule
5101:2-39-12 of the Administrative Code.
(J)(K)
The PCSA shall request assistance from law enforcement, the county
prosecutor, the PCSA's legal counsel, or the court when refused access to the
alleged child victim or any records required to conduct the
assessment/investigation.
(K)(L)
The PCSA shall have an interpreter present for all interviews when the
PCSA has determined that a principal of the case has a language or any other
impairment that causes a barrier in communication (i.e., principal is deaf or
hearing impaired, speaks a language other than English or is developmentally
delayed or autistic).
(L)(M)
Within three calendar two
working days of completion of the assessment/investigation, the PCSA shall:
(1) Notify the child (unless the child is not
of an age or developmental capacity to understand) and the child's parent,
guardian or custodian of the case resolution and disposition;
(2) Notify the alleged perpetrator in writing
of the case disposition; and
and the right to appeal as described in 5101:2-33-04 of the Administrative
Code;
(3) Refer any child under the age of
three who is involved in a substantiated case of child abuse or neglect to
"Help Me Grow" for early intervention services;
(4) As appropriate, refer any child
determined not to be at risk of imminent harm for services pursuant to
procedures established in rule 5101:2-39-07 (F); and
(3)(5)
Document in the case record, the date and method of notification
and/or referral.
(M)(N)
The PCSA located within the county in which the child's parent, guardian,
or custodian resides shall lead assessment/investigation efforts when two or
more Ohio PCSAs are involved. In situations of joint custody or shared
parenting, the PCSA in the county in which the child's residential parent at the
time of the referral resides shall lead the assessment efforts.
(N)(O)
If a report of child abuse and neglect involves a child who is living in a
shelter for victims of domestic violence or a homeless shelter, the PCSA who
received the report shall:
(1) Determine if the child was brought to the
shelter pursuant to an agreement with a shelter in another county. If a
determination is made that there was an agreement in place, the PCSA in the
county from which the child was brought shall lead the
assessment/investigation and provide the required supportive services or
petition the court for custody of the child, if necessary.
(2) Lead the assessment/investigation when a
determination was made that the child was not brought to the shelter under an
agreement with a shelter in another county. When two or more PCSAs are
involved the non-lead PCSA shall be responsible for following procedures
outlined in paragraph (O) (P)of
this rule.
(3) Commence the assessment/investigation if a
determination cannot be made immediately if an agreement is in effect. The
PCSA shall continue to determine if an agreement is in effect and then follow
procedures outlined in paragraph (N)
(P)(1) or (N) (P)(2)
of this rule.
(O)(P)
When requested by the lead PCSA (either verbally or in writing), the
non-lead PCSA shall conduct interviews of any principals and collateral sources
presently located within its jurisdiction and assist in the completion of a
family risk assessment (unless the lead PCSA notifies the other PCSA that they
will interview these parties) within a time frame that will allow the lead PCSA
to fulfill their time frames outlined in this rule. All PCSAs involved shall
document the request in the case record.
(P)(Q)
The Ohio PCSA shall cooperate with the out-of-state CSA, including, when
necessary, leading investigative efforts when the child is located within Ohio
or when the abuse or neglect is alleged to have occurred within Ohio.
(Q)(R)
The PCSA shall contact other PCSAs immediately but no later than the next
working day to share information in accordance with rule 5101:2-34-38 of the
Administrative Code and to coordinate investigative efforts in accordance with
rules 5101:2-34-33 to 5101:2-34-36 of the Administrative Code.
(R)(S)
The PCSA shall follow procedures set forth in rule 5101:2-35-77 of the
Administrative Code when the report of neglect involves alleged withholding of
appropriate nutrition, hydration, medication, or medically indicated treatment
from a disabled infant with a life-threatening condition.
(S)(T)
The PCSA shall follow procedures set forth in rule 5101:2-34-32.1 of the
Administrative Code when the report involves a deserted child.
(T)(U)
The PCSA shall reach a case resolution which includes the case disposition
by completing the structured decision making steps at the completion of the
family risk assessment, but no later than thirty days from the receipt of the
report (forty-five days when information needed to determine the case resolution
cannot be completed within thirty days and the reasons are documented in the
case record).
(U)(V)
The PCSA shall complete a case disposition at the conclusion of the
out-of-home care or third party investigation, but no later than thirty days
from the receipt of the report (forty-five days when information needed to
determine the case disposition cannot be compiled within thirty days and the
reasons are documented in the case record).
(V)(W)
The PCSA shall enter into the central registry, pursuant to rule
5101:2-35-16 of the Administrative Code, the case resolution/disposition upon
completion of the assessment/investigation.
(W)(X)
The assessment/investigation documentation and any material obtained as a
result of the assessment/investigation, shall be maintained in the case record.
If any information gathering activity cannot be completed, justification and
written approval of the executive director or his designee shall be filed in the
case record. The PCSA may not waive completion of the case
resolution/disposition, or the time frame for
making the case resolution/disposition. The PCSA shall document
in the case record the date, time, and with whom the assessment/investigation
began.
Effective: June 25, 2004
R.C. 119.032 review dates: 04/09/2004
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.3518, 2151.421, 5153.16
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90,
10/1/95, 6/1/96, 6/1/97, 10/1/97 (Emer.), 12/30/97, 4/1/01, 12/1/01
| |
|
