(A) When initiating the case planning process the PCSA shall:

     (1) Provide reasonable and timely notification to the following parties of their responsibility to work with the agency in jointly developing, implementing and reviewing the case plan, utilizing the ODJFS 01444 "Family Decision Making Model, Part II: Case Plan":

     (a) Child's parent, guardian or custodian;

     (b) Prefinalized adoptive parent, if applicable; and

     (c) Guardian ad litem and/or court appointed special advocate, if one has been appointed.

     (2) Work with all parties on the development, implementation and review of the ODJFS 01444; attempt to obtain agreement on the contents of the ODJFS 01444 by the parties mentioned in paragraph (A)(1) of this rule; and provide each party with a copy of the ODJFS 01444.

     (3) Inform all parties that when agreement cannot be obtained on the contents of the ODJFS 01444, the parties must present evidence on the contents of the case plan at the dispositional hearing and the court will determine the contents of the case plan based upon the evidence presented.

     (B) The PCSA shall provide the substitute caregiver, including a relative who is fulfilling this role, with reasonable and timely notification of the opportunity to participate in the development, implementation and review of the ODJFS 01444.

     (C) The PCSA shall prepare the ODJFS 01444 when services are provided to the child in his own home or in a substitute care setting and one of the following occurs:

     (1) The court requests the PCSA prepare a case plan when the child and his parent, guardian or custodian do not attend a detention or shelter care hearing and the complaint alleged that a child was an abused, neglected, or dependent child.

     (2) The PCSA files a complaint pursuant to section 2151.27 of the Revised Code alleging that the child is an abused, neglected or dependent child.

     (3) The PCSA has court ordered temporary or permanent custody of the child.

     (4) The court orders the PCSA to provide protective supervision for a child living in his own home.

     (5) The court orders the PCSA to place the child in a planned permanent living arrangement.

     (D) When a case plan is required as a result of events outlined in paragraph (C) of this rule and sufficient information is available, the PCSA shall file the ODJFS 01444 with the court based upon whichever of the following occurs first:

     (1) No later than thirty days from the date the complaint was filed or the child was first placed away from his own home; or

     (2) Prior to the adjudicatory hearing.

     -(E) When sufficient information is not available to complete any elements contained on the ODJFS 01444, the PCSA shall specify in the ODJFS 01444, additional information which needs to be obtained in order to complete the case plan and the steps that will be taken to obtain missing information. All parts of the ODJFS 01444 shall be completed and submitted to the court based upon whichever of the following occurs first:

     (1) Thirty days after the adjudicatory hearing or the date of the dispositional hearing when a child has been removed from his own home or there is a court order for protective supervision.

     (2) Sixty days after placement of a child in substitute care.

     (F) The ODJFS 01444 shall be based on the assessment of risk to the child and any additional information obtained. The ODJFS 01444 shall serve as the permanency plan for the child.

     (G) In cases of a deserted child, the ODJFS 01444 shall be based on permanence for the child.

     (H) Once the court has journalized the ODJFS 01444, the parties are now bound by the conditions of the case plan. Failure to comply with the case plan by any party may result in a possible finding of contempt of court. The ODJFS 01444 provides such notice to all parties.

     (I) The PCSA or any other party may request a change in the ODJFS 01444 (not limited to child's placement and visitation rights) by filing the proposed change with the court and giving written notice of the proposed change to all affected parties, including the guardian ad litem and/or court appointed special advocate. Notification shall be provided no later than the end of the day after which the proposed change is filed with the court. All parties and the guardian ad litem and/or court appointed special advocate may object to the change and request a court hearing on the proposed change within seven calendar days of the filing with the court. If the court does not approved or disapprove the change, does not schedule a hearing, and makes no decision regarding the change, the PCSA can implement the change no earlier than fifteen days after it is submitted to the court.

     (J) The PCSA shall contact the child's parent, guardian or pre-finalized adoptive parent, and may contact the guardian ad litem and/or court appointed special advocate and seek prior agreement for any amendment to the ODJFS 01444 when any of the following occurs:

     (1) The conditions of the child and his parent, guardian or custodian, or pre-finalized adoptive parent change, and the changes affect the provision of supportive services;

     (2) There are changes in the goals for the child and/or changes family members need to address to alleviate concerns;

     (3) The child needs to be placed in a substitute care setting, returned to his parent, guardian or custodian or pre-finalized adoptive parent, or moved to another substitute care setting;

     (4) The child has attained the age of sixteen and programs and life skill services will be offered, as appropriate;

     (5) A change in the visitation plan for a child in substitute care needs to be made;

     (6) Relevant factors within the parent, guardian, custodian or pre-finalized adoptive parent's environment are identified by the PCSA or the child's parent, guardian, custodian or pre-finalized adoptive parent; or

     (7) A party must be added or deleted from the ODJFS 01444, which may result in a change to the ODJFS 01444.

     (K) The PCSA shall attempt to obtain the signatures of the parent, guardian, custodian or pre-finalized adoptive parent, if applicable, and guardian ad litem and/or court appointed special advocate, if one has been appointed, when an amendment is made on the ODJFS 01444.

     (L) The PCSA shall record, on the ODJFS 01444, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days. The PCSA may implement the amendment fourteen days after submittal if the court has journalized the ODJFS 01444 with or without a hearing.

     (M) When an amendment is not agreed upon by the child's parent, guardian, custodian or pre-finalized adoptive parent, if applicable, and guardian ad litem and/or court appointed special advocate, if one has been appointed, the PCSA shall request the court schedule a hearing to consider the amendment.

     (N) In an emergency situation, if a child is at immediate risk, the PCSA shall:

     (1) Implement the change and amend the ODJFS 01444;

     (2) File a statement of the change with the court within three calendar days of the change; and

     (3) Give notice of the filing along with a copy of the statement within three calendar days of the change to the child's parent, guardian, custodian or pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed.

     (O) In an emergency situation, all parties and the guardian ad litem and/or court appointed special advocate have ten days to object to the change in the ODJFS 01444 and to request a hearing regarding the change with the court. If the objection and request for a hearing is filed with the court, the PCSA shall continue to implement the change unless the court disapproves. If the court disapproves the change, the PCSA may not continue implementation and shall instead implement the provisions of the prior journalized case plan.

     (P) In cases of a deserted child, notification and participation of the child, parent, guardian, or custodian are not required in the development of the ODJFS 01444 or any amendments to the ODJFS 01444.

     (Q) For court-ordered protective supervision cases, the PCSA shall make face-to-face contact with each parent, guardian or custodian, and child listed on the ODJFS 01444 no less than monthly to monitor progress on the case plan objectives. At least one contact every two months must be made in the child's home.

     (R) For cases with children in custody, face-to-face contact with the child shall be made pursuant to rule 5101:2-42-65 of the Administrative Code. Face-to-face contact with the parent, guardian or custodian listed on the ODJFS 01444 shall be made no less than monthly to monitor progress on the case plan objectives. At least one contact every two months must be made in the parent, guardian, or custodian's home.

     (S) The PCSA shall conduct semiannual administrative reviews of the ODJFS 01444 pursuant to rule 5101:2-42-43 of the Administrative Code.

     (T) The PCSA may develop a supplemental plan for locating a permanent family placement for a child. The supplemental plan shall not be considered a part of the ODJFS 01444. Any supplemental plan shall be discussed and reviewed with the parent, guardian, or custodian. The supplemental plan does not require agreement or approval by the parent, guardian or custodian.

     (U) The PCSA shall maintain a copy of the original ODJFS 01444, all amendments to the ODJFS 01444, all supplemental plans and all documentation of the face-to-face contacts to monitor progress on the case plan objectives in the child's case record.

     (V) Case closure shall occur once it is indicated that the overall level of risk has been reduced, the PCSA has determined the case may be closed or the court has ordered the case closed, the principals of the case have been notified and a case plan amendment cover sheet has been completed and signed by the PCSA.

     (W) The PCSA may convert the ODJFS 01444 to a horizontal format. The ODJFS 01444 language, ranked order of sections, and the order of elements contained within the sections shall not be altered during the conversion process.

     (X) The PCSA shall attach the ODJFS 01443, "Child's Education and Health Information" or the PCSA form being used in lieu of the ODJFS 01443, containing all documentation required on the ODJFS 01443, to the ODJFS 01444 for each child residing in the substitute care setting.

Rule promulgated under:  RC Chapter 119.

Rule authorized by:  RC 2151.412, 2151.421, 5103.03

Rule amplifies:  RC 2151.412, 2151.421, 5103.03

Review Date: 11/2/2005