5101:2-34-35 PCSA requirements for cross-referring reports of child abuse and neglect.

(A)      The PCSA shall make a cross referral to law enforcement if the report could constitute a criminal offense, if the PCSA requires assistance in the assessment, or if a third-party investigation is required when the following parties are involved as principals: PURSUANT TO PARAGRAPH (D) OF RULE 5101:2-34-34 OF THE ADMINISTRATIVE CODE.

(1)      Any institution, facility, or family foster home which is licensed, or certified by ODHS ODJFS and operated or supervised by the PCSA;


(2)      Any employee, or agent of ODHS ODJFS or the PCSA; or


(3)      Any person who is providing services to the PCSA for payment or as a volunteer.

(B)      The PCSA shall contact law enforcement within twenty-four hours of receipt of the report to share information in accordance with rule 5101:2-34-38 of the Administrative Code and the child abuse and neglect county plan of cooperation MEMORANDUM OF UNDERSTANDING. Requests for a third party investigation by law enforcement shall be followed up with a written request within three days of the receipt of the report.


(C)      The PCSA shall contact the following licensing and supervising authorities, as appropriate, no later than the next working day to share information in accordance with rule 5101:2-34-38 of the Administrative Code:

(1)      The Ohio department of mental retardation and developmental disabilities DEPARTMENT OF MENTAL RETARDATION (ODMR/DD) division of developmental centers quality assurance when the report involves a developmental center managed by ODMR/DD; or the office of licensure when the report involves a foster or group home licensed by ODMR/DD.


(2)      The local county board of mental retardation and developmental disabilities when the report involves any program managed by the county board of ODMR/DD.


(3)      The local board of alcohol, drug addiction, and mental health and the Ohio DEPARTMENT OF MENTAL HEALTH department of mental health (ODMH) when the report involves a residential care facility licensed by ODMH.


(4)      The Ohio department of youth services' DEPARTMENT OF YOUTH SERVICES' (ODYS) chief inspector when the report involves an institution or facility for delinquent children managed by ODYS; or the juvenile judge and ODYS' division of parole, courts, and community services when the report involves a detention or rehabilitation facility managed by a juvenile court and approved by ODYS.


(5)      The superintendent of the local schools and the Ohio department of education DEPARTMENT OF EDUCATION (ODE) when the report involves a primary or secondary school setting, or ODE's legal counsel when reports involve the school for the deaf or blind managed by ODE and early education program such as head start.


(6)      The Ohio Department of Human JOB AND FAMILY services' ODHS ODJFS, children services licensing when the report involves a foster home, group home or children's residential facility licensed by ODHS ODJFS; or the day CHILD care licensing section when the report involves a day care center (more than twelve children) or a type A family day care home which is or should be licensed by ODHS ODJFS.


(7)      The local county department of Human JOB AND FAMILY services (CDHS) (CDJFS) when the report involves an in-home aide who is certified by the CDHS CDJFS or a type B family day care home which is certified by the CDHS CDJFS.

Effective date: 4/1/2001

Review date:

Certification: Jo Ann Davidson

Date

Promulgated under: Revised Code Chapter 119.

Statutory authority: Revised Code Section 2151.421

Rule amplifies: Revised Code Section 2151.421

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.