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5101:2-34-71 The
child abuse and neglect memorandum of understanding.
Effective Date: February 1, 2003.
Most current prior effective date: December
30, 1997.
(A) The child abuse and neglect memorandum of
understanding (hereinafter referred to as memorandum) is a document required by
section 2151.421 of the Revised Code. The memorandum sets forth the normal
operating procedure to be employed by all concerned officials in the execution
of their respective responsibilities under section 2151.421 "Report of
child abuse or neglect; investigation; memorandum of understanding,"
division (C) of section 2919.21 "Nonsupport or contributing to nonsupport
of dependents," division (B)(1) of section 2919.22 "Endangering
children," division (B) of section 2919.23 "Interference with
custody," and section 2919.24 "Contributing to unruliness or
delinquency of a child" of the Revised Code.
(B) Each PCSA shall prepare a memorandum of
understanding that is signed by all of the following parties:
(1) The juvenile judge of the county or the
juvenile judge's representative; or if there is more than one juvenile judge
in the county, a juvenile judge or the juvenile judge's representative
selected by the juvenile judges or, if they are unable to do so for any
reason, the juvenile judge who is senior in point of service or the senior
juvenile judge's representative;
(2) The county peace officer;
(3) All chief municipal peace officers within
the county;
(4) Other law enforcement officers handling
child abuse and neglect cases in the county;
(5) The prosecuting attorney of the county;
and
(6) If the PCSA is not the county department
of human services (CDHS) job
and family services (CDJFS) , the CDHS
CDJFS .
(C) The memorandum shall include all of the
following:
(1) A statement that a failure to follow
procedures set forth in the memorandum by the concerned officials is not
grounds for, and shall not result in the dismissal of any charges or complaint
arising from any reported case of abuse or neglect or the suppression of any
evidence obtained as a result of any reported child abuse or neglect and does
not give, and shall not be construed as giving, any rights or grounds for
appeal or post-conviction relief to any person.
(2) The PCSA's system for receiving reports of
child abuse and neglect twenty-four hours per day, seven days per week. If the
PCSA contracts with an outside source to receive after-hour calls, a copy of a
signed agreement must be attached to the memorandum which indicates that all
reports with identifying and demographic information of the reporter and
principals of the report will be forwarded to a designated PCSA worker within
an hour of receipt and that confidentiality requirements will be met. In
addition, when the PCSA contracts with an outside source, the PCSA must
include in the memorandum its system for informing the general public of the
after-hours phone number.
(3) The roles and responsibilities for
handling emergency and non-emergency cases of child abuse and neglect
(4) A system for consultation among
subscribers as it is deemed necessary to protect children. The county's system
for consultation shall include at a minimum the PCSA's protocol for consulting
with law enforcement, the prosecuting attorney's office, and the juvenile
judge for any cases which may require their intervention or assistance.
(5) Standards and procedures for handling and
coordinating investigations of reported cases of child abuse and neglect
including sharing of investigative reports and procedures specific to cases
which:
(a) Involve out-of-home care child abuse or
neglect;
(b) Require third party involvement;
(c) Involve an emergency requiring immediate
response;
(d) Involve a child death in which abuse or
neglect is suspected as the cause; and
(e) Involve alleged withholding of
appropriate nutrition, hydration, medication, or medically indicated
treatment from disabled infants with life-threatening conditions.
(6) Methods to be used in interviewing the
child who is the subject of the report.
(7) Standards and procedures addressing the
categories of persons who may interview the child who is the subject of the
report.
(8) A system for the elimination of all
unnecessary interviews of a child who is the subject of the report
(9) The PCSA's system for submitting reports
to the central registry on child abuse and neglect
(10) A system for receiving and responding to
reports involving:
(a) Individuals who aid, abet, induce,
cause, encourage, or contribute to a child or a ward of the juvenile court:
(i) Becoming a dependent or neglected
child;
(ii) Becoming an unruly or delinquent
child; or
(iii) Leaving the custody of any person,
department, or public or private institution without the legal consent of
that person, department, or institution.
(b) Missing children.
(11) Standards and procedures for removing and
placing children on an emergency and nonemergency
non-emergency basis.
(12) The PCSA's system for notifying the
county prosecuting attorney or city director of law when any mandated reporter
of child abuse or neglect fails to report.
(13) The PCSA's system for notifying the
county prosecuting attorney or city director of law when there is unauthorized
dissemination of information.
Effective: 02/01/2003
R.C. 119.032 review dates: 10/09/2002 and 02/01/2008
Certification: CERTIFIED ELECTRONICALLY
Date: 12/16/2002
Promulgated Under: 119.03
Statutory Authority: 2151.421
Rule Amplifies: 2151.421
Prior Effective Dates: 4/1/83, 1/1/87, 4/1/87 (Emer.), 7/1/87, 1/1/88,
10/1/91, 4/11/96, 10/1/95, 10/1/97 (Emer.), 12/30/97.
FCASMTL
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