| |
5101:2-39-07 Supportive
services.
Effective Date: June 25, 2004.
Most current prior effective date: April
1, 2001.
(A) The primary goals of all
supportive services are:
(1) To respect and support the
integrity of the child's family unit;
(2) To prevent placement of a child
away from his family or caretaker;
(3) To enable a child's return home
or to an alternative permanent placement; or
(4) To assist a child who has
attained the age of sixteen to prepare for transition from substitute care to
independent living and self sufficiency.
(B) Supportive service shall be
made available by the public children services agency (PCSA) to the child, his
family or caretaker through one or more of the following:
(1) Information and referral
services to community resources:
(2) Direct services from the PCSA;
(3) Contract services from community
service providers;
(4) Compact services from community
service providers;
(5) Direct and indirect services
from child abuse and neglect multidisciplinary teams; or
(6) Direct and indirect services
through the county family and children first council and/or county "Help
Me Grow" provider.
(C) Supportive services shall be
based upon the PCSA's assessment of safety and risk to the child and shall be
available during:
(1) The safety planning process;
(2) The assessment/investigation
process;
(3) The supervision of a child in
his own home without court order;
(4) The protective supervision of a
child as ordered by the court;
(5) The child's substitute care
placement; or
(6) The period immediately following
reunification of the child, as appropriate.
(D) Supportive services shall be
available when one or more of the following exists:
(1) The child, his family or
caretaker have requested services, and the PCSA has determined such services
are necessary;
(2) The case evaluation/resolution
or other information obtained during or after the assessment/investigation
indicates the need for the services;
(3) The PCSA has received an order
of protective supervision; or
(4) The child has been placed in a
substitute care placement.
(E) When one or more of the
conditions listed in paragraph (D) of this rule exist, the JFS 01444,
"Family Decision Making Model, Part II: Case Plan" shall be prepared
as set forth in rules 5101:2-39-08 and 5101:2-39-08.1 of the Administrative
Code.
(F) The PCSA shall establish
procedures for referral of a child who is the subject of a report and who is not
at risk of imminent harm to a community organization or voluntary preventive
service.
(G) The PCSA may provide any of the
mandated services identified in this paragraph directly, or through arrangement
with a community service provider:
(1) Case management services.
"Case management services" means activities performed by the PCSA or
private child placing agency (PCPA) for the purpose of providing, recording
and supervising services to a child and his parents, guardian, custodian,
caretaker or substitute caregiver;
(2) Counseling services, which may
include one or both of the following:
(a) General counseling services
performed by a PCSA or shelter for victims of domestic violence to assist a
child, a child's parents, and a child's sibling in alleviating identified
problems that may cause or have caused the child to be an abused, neglected,
or dependent child; and
(b) Psychiatric or psychological
therapeutic counseling services provided to correct or alleviate any mental
or emotional illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or person licensed under Chapter 4754. of the Revised
Code to engage in social work or professional counseling;
(3) Diagnostic services.
"Diagnostic services" means medical, psychiatric, or psychological
services performed by a licensed physician, psychiatrist, psychologist,
licensed professional counselor with clinical endorsement, or a licensed
independent social worker for the purpose of evaluating an individual's
current physical, emotional, or mental condition;
(4) "Help Me Grow" early
intervention services. "Help Me Grow early intervention services"
means services provided to a child under age three which can include
developmental evaluations and assessments, speech and hearing services, family
training and counseling, home visits, occupational or physical therapy, social
and psychological services and service coordination;
(5) Emergency shelter.
"Emergency shelter" means the short-term crisis placement of any
child who is threatened or alleged to be abused, neglected, or dependent to an
extent that there is imminent risk to the child's life, physical or mental
health, or safety;
(6) Home health aide services.
"Home health aide services" means the personal care and maintenance
activities provided to individuals for the purpose of promoting normal
standards of health and hygiene;
(7) Homemaker services.
"Homemaker services" means the professionally directed or supervised
simple household maintenance or management services provided by trained
homemakers or individuals to families in their own homes;
(8) Protective day care services.
"Protective day care services" means services provided for a portion
of the twenty-four hour day for the direct care and protection of children who
have been harmed or threatened with harm, or who are at risk of abuse,
neglect, or exploitation due to a psychological or social problem, or physical
or mental handicap of a caretaker parent, or whose health or welfare is
otherwise jeopardized by their home environment;
(9) Substitute care.
"Substitute care" means the care provided to a child apart from his
parent or guardian, while the child's custody is held by a PCSA or PCPA; and
(10) Therapeutic services.
"Therapeutic services" means medical, psychiatric or psychological
services performed by licensed or certified physicians, psychiatrists,
psychologists, professional counselors or independent social workers for the
purpose of correcting or alleviating physical, mental, or emotional illnesses,
or disorders.
(H) When the PCSA determines that
an emergency exists and supportive services are necessary to reduce the risk of
abuse or neglect of the child, the PCSA shall immediately, but no later than the
next working day after making this determination, make available any appropriate
mandated services identified in paragraph (G).
(I) The PCSA shall, within fourteen
days from the date the case plan has been approved by the parent, guardian, or
custodian and the court, if applicable, make available such mandated services
listed in paragraph (G) of this rule by providing or arranging the service.
(J) The PCSA shall within thirty days
from the date the case plan has been approved by the parent, guardian, or
custodian and the court, if applicable, make available such mandatory services
listed in this paragraph.
(1) Adoption. "Adoption
means" the creation , by a court of competent jurisdiction, of parental
rights and responsibilities between a child and an adult, along with the
termination of all parental rights and responsibilities to the child held by
any other persons, which have not been previously surrendered or terminated by
court order;
(2) Information and referral
services. "Information and referral services" means services which
may assist any person in location and/or using available and appropriate
resources;
(3) Life skill services. "Life
skill services" means a series of developmentally appropriate services or
activities that provide an opportunity for a child to gain the skills needed
to live a self-sufficient adult life pursuant to rule 5101:2-42-19 of the
Administrative Code; and
(4) Unmarried parent services, as
defined in 5101:2-42-70 of the Administrative Code.
(K) If there are barriers to the
provision or arrangement of appropriate service(s), the PCSA caseworker must
identify them, and must have supervisory review and approval from an immediate
supervisor or the director, which indicates that the appropriate service(s)
cannot be provided directly or arranged.
(L) The results of the supervisory
review must be documented in the case record showing which service(s) were
needed, and the barriers causing the PCSA's inability to provide them directly,
or arrange for their provision.
(M) The PCSA shall also make available
a minimum of three of the following supportive services within the county:
(1) Community education services.
"Community education services" means a range of public information
activities designed to increase the public awareness of child abuse or neglect
and to promote appropriate utilization of services;
(2) Crisis services. "Crisis
services" means services provided to families in crisis situations for
purpose of providing an immediate or temporary solution to the presenting
problem;
(3) Emergency caretaker.
"Emergency caretaker" means services provided by a person placed
within a child's own home to act as a temporary caretaker when the child's own
caretaker is unable or unwilling to fulfill the responsibility;
(4) Employment and training
services. "Employment and training services" means services designed
to assist individuals in obtaining paid employment. Such services may include,
but not be limited to, the use or social, psychological, and vocational
diagnostic assessment, training, and placement.
(5) Environmental management
services. "Environmental management services" means services offered
to the child and his family or caretaker to improve physical living conditions
and provide emergency funds. Such services may be provided, arranged, or
ensured and may include, but not be limited to, housing repair, housing
location, exterminating rodents or insects, lead abatement or making available
financial assistance for outstanding utility bills.
(6) Parent aide services.
"Parent aide services" means supportive services provided by a
person assigned to families as a role model, and to provide family support for
a portion of the twenty-four-hour day;
(7) Parent education. "Parent
education services" means a teaching process to assist a parent,
guardian, or custodian in developing the basic skills necessary to provide
adequate care and support to a child in his own home;
(8) Crisis nursery. "Crisis
nursery" means an emergency facility designed to prevent the occurrence
of abuse or neglect by assuming immediate child-care responsibility on behalf
of caretakers who are experiencing a crisis;
(9) Day treatment services.
"Day treatment services" means services provided for a portion of
the day for a child living at home or in substitute care, who is at risk, or
is being or has been abused or neglected, and who manifests emotional,
psychological, behavioral, or social problems which cannot be resolved in
nonspecialized educational or developmental settings, or in specialized
settings such as learning behavioral disabilities classes; or
(10) Volunteer services.
"Volunteer services" means services (e.g., transportation) performed
by a person of his own free will and without monetary gain or compensation.
(N) PCSAs may regionalize the
provision of mandatory supportive services when appropriate. Each PCSA
participating in the regionalization of supportive services must identify which
services are regionalized, and what other counties are involved in the
regionalization of services.
(O) When the PCSA has identified,
through completion of a risk assessment, that a child is at imminent risk of
abuse or neglect because the parent, guardian or custodian of the child has a
chemical dependency problem or a chemical dependency problem was the basis for a
court's determination that the child was an abused, neglected or dependent
child, the agency shall:
(1) Develop and implement a safety
plan pursuant to rule 5101:2-34-37 of the Administrative Code in order to
protect and keep the child safe.
(2) Refer the parent, guardian, or
custodian to an alcohol or drug addition program certified by the Ohio
department of alcohol and drug addiction services (ODADAS) for initial
screening, assessment, treatment or testing.
(3) Notify the CDJFS of the referral
when the parent, guardian, or custodian is an OWF participant in order to
determine if the self-sufficiency contract needs to be amended.
The PCSA may require the parent, guardian or custodian to reimburse the
agency for the costs incurred for alcohol or drug testing if the parent,
guardian or custodian is not a recipient of medicaid.
(P) At the conclusion of a
diagnostic service or treatment, the PCSA shall request a written report from
the service provider. Reports involving treatment shall contain information
which indicates the progress the parent, guardian, or custodian and child has
made to resolve areas identified in the provider's service or treatment plan.
Such report shall be included in the case record.
(Q) At the conclusion of a short-term,
time-limited service or short-term time-limited treatment, the PCSA shall
request a report from the service provider. Reports involving treatment shall
contain information which indicates the progress the parent, guardian, or
custodian and child has made to resolve areas identified in the provider's
service or treatment plan. If such report is not written, the service provider's
identity, the date of the report, and the content of the report shall be
included in the case dictation.
(R) At a minimum of once every four
months and at the conclusion of ongoing services or treatment, the PCSA shall
request written or verbal reports from all ongoing service providers. Reports
shall contain information which indicates the progress the parent, guardian, or
custodian and child have made to resolve areas identified in the provider's
service or treatment plan. Such written reports shall be included in the case
record. If such report is not written, the service provider's identity, the date
of the report, and the content of the report shall be included in the case
dictation.
(S) The PCSA shall document the
following in the case record:
(1) Supportive service which have been offered or provided;
(2) Supportive services planned, but not provided, and the reason the
services were not provided.
(T) The director of the PCSA shall
be responsible for submitting a letter to the appropriate ODJFS field office by
January 1st of every year that contains the following assurances:
(1) The agency will assure all
supportive services mandated in paragraphs (G) and (J) of this rule are
available to all children and families in need of services without regard to
income, race, religion, social status, handicap, or sex;
(2) The agency will assure that
there is a commitment to maintaining and improving the quality of services for
the support of families and the protection of children;
(3) The agency will assure that
there is a commitment to meeting staff resource requirements of the state
and/or county civil service system;
(4) The agency will assure that
there is a written policy and procedures for reviewing and resolving
complaints concerning the provision of services and appeals by individuals who
disagree with the PCSA disposition/resolution of a report of child abuse and
neglect pursuant to rule 5101:2-33-04 of the Administrative Code.
(U) At the same time the director
submits the letter, he or she may submit a request to obtain ODJFS approval to
waive the requirement for the provision of homemaker or home health aide and/or
protective day care services listed in paragraph (G) of this rule. A waiver for
either or both of these services may be granted on an annual basis. In order for
the waiver to be granted by ODJFS, the PCSA must provide the following
information in the request for a waiver:
(1) The number of requests for the
provision of protective day-care services or homemaker/home health aide
services received during the last year;
(2) The number of times the agency
provided protective day-care services or homemaker/home health aide services
during the last year;
(3) Whether protective day-care
services and/or homemaker/home health aide services are available within the
county, and if not, where protective day-care services or homemaker/home
health aide services are available in proximity to the county;
(4) The projected unit cost (per
hour) for provision of protective day-care services or homemaker/home health
aide services; and
(5) The projected total cost for
county/agency provision of protective day-care services or homemaker/home
health aide services.
(V) To secure a waiver, the PCSA
must also certify that such service(s) are not needed by a significant number of
persons within the county; are not available from the PCSA or other community
resources within the county; and the cost of providing such service(s) is undue
or excessive when compared to the benefits to be derived from the service(s).
(W) Within thirty days of receipt and
review of the information contained in this paragraph, ODJFS will notify the
PCSA of receipt of the assurances and, if applicable, approval or disapproval of
its request for a waiver.
Effective: June 25, 2004
R.C. 119.032 review dates:
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 2151.412, 2151.421, 5153.16
Rule Amplifies: 2151.412, 2151.421, 5153.16
Prior Effective Dates: 4/1/83, 1/1/87, 1/1/88, 1/1/89, 1/1/91, 10/1/92,
12/15/96 (Emer.), 3/31/97; 6/30/97 (Emer.); 6/17/99; 4/1/01.
FCASMTL
156
| |
|
