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5101:2-39-10 PCPA
case plan for children in custody or under court-ordered protective supervision.
Effective Date: February 1, 2003.
Most current prior effective date: June
17, 1999.
(A) When initiating the case planning process
the PCPA 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:
(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 case plan; attempt to obtain agreement on the
case plan by the parties mentioned in paragraph (A)(1) of this rule; and
provide each party with a copy of the case plan.
(3) Inform all parties that when agreement
cannot be obtained on the contents of the case plan 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 PCPA 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 case plan.
(C) The PCPA shall prepare a case plan 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 PCPA 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 PCPA 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 PCPA has court ordered temporary or
permanent custody of the child.
(4) The court orders the PCPA to provide
protective supervision for a child living in his own home.
(5) The court orders the PCPA to place the
child in a planned permanent living arrangement.
(6) The PCPA has not placed the child for
adoption within six months after the ODHS 1666
JFS 01666, "Permanent Surrender of Child" is executed without
juvenile court approval for a child in the custody of the PCPA who was under
the age of six months at the time a permanent surrender was executed.
(D) When a case plan is required as a result
of events outlined in paragraphs (C)(1) to (C)(5) of this rule and sufficient
information is available, the PCPA shall file the case plan 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 part of the case plan for events outlined in
paragraphs (C)(1) to (C)(5) of this rule, the PCPA shall specify in the case
plan, additional information which needs to be obtained in order to complete the
case plan and steps to be taken to obtain missing information. All parts of the
case plan 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) When a case plan is required in cases in
which the PCPA has not placed a child for adoption within six months after the ODHS
1666 JFS 01666 , "Permanent Surrender of Child"
is executed without juvenile court approval for a child in the custody of a PCPA
who was under the age of six months at the time a permanent surrender was
executed, the case plan shall be submitted to the court at the same time a
request is made to the juvenile court to conduct a review hearing on the matter.
(G) The case plan shall serve as the permanency
plan for the child.
(H) Once the court has journalized the case
plan, the PCPA shall inform the parent, guardian or custodian in writing that
the parties are now bound by the conditions of the case plan .
Failure , and that failure of any party to comply with
the case plan by any party may
result in a possible finding of contempt of court. The case plan document may
include a statement to this effect provides such notice to
all parties .
(I) The PCPA or any other party may request a
change in the case plan (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
approve or disapprove the change, does not schedule a hearing, and makes no
decision regarding the change, the PCPA can implement the change no earlier than
fifteen days after it is submitted to the court.
(J) The PCPA shall contact the child's parent,
guardian or custodian or prefinalized adoptive parent, if applicable, and
may contact the guardian ad
litem and/or court appointed special advocate and seek prior agreement for any
amendment to the case plan when any of the following occurs:
(1) Changes in
the The conditions of the child and his parent,
guardian or custodian, or prefinalized adoptive parent, if applicable,
change and the change , are affecting
affects the provision of supportive services;
(2) Changes
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
prefinalized 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 parents',
guardian's, custodian's or prefinalized adoptive parents' environment are
identified by the PCPA or the child's parent, guardian, custodian or
prefinalized adoptive parent; or
(7) A party must be added or deleted from the
case plan, which may result in a change in the case plan.
(K) The PCPA shall attempt to obtain the
signatures of the parent, guardian, custodian or prefinalized 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 case plan.
(L) The PCPA shall record, on the case plan, the
reasons for any agreed upon amendment made
and submit the amendment to the court within seven days. The PCPA may implement
the amendment fourteen days after submittal if the court has journalized the
case plan with or without a hearing.
(M) When an amendment is not agreed upon by the
child's parent, guardian, custodian or prefinalized adoptive parent, if
applicable, and guardian ad litem and/or court appointed special advocate, if
one has been appointed, the PCPA shall request the court schedule a hearing to
consider the amendment.
(N) In an emergency situation where
the if a child is at immediate risk, the PCPA shall:
(1) Implement the change and amend the case
plan;
(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 prefinalized 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 case plan 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 PCPA shall continue to implement the change unless the court
disapproves. If the court disapproves the change, the PCPA may not continue
implementation and shall instead implement the provisions of the prior
journalized case plan.
(P) The PCPA shall conduct semiannual
administrative reviews of the case plan pursuant to rule 5101:2-42-43 of the
Administrative Code.
(Q)
The purpose of reviews are to:
(1)
Assess and update, as needed, the
permanency plan for the child which can include, but is not limited to,
reunification, independent living, a planned permanency living arrangement, or
adoption.
(2)
Evaluate whether the overall level of
risk to the child has been reduced.
(3)
Assess the appropriateness of supportive
services offered and provided to the child and his parent, guardian,
custodian, or prefinalized adoptive parent, and substitute caregiver.
(4)
Evaluate whether services provided to
the child and his parent, guardian or custodian will help the child return to
a safe environment, when applicable.
(5)
Assess the continued safety and
appropriateness of the placement setting of the child.
(6)
Determine if a plan to locate a
permanent family placement for the child shall be made concurrently with
reasonable efforts to safely return the child to his own home, according to
the procedures contained in paragraph (R) of this rule.
(Q) In cases of a deserted child,
notification and participation of parent is not required for the development of
the case plan or any amendments to the case plan.
(R) For court-ordered protective
supervision cases, the PCPA shall make face-to-face contact with each parent,
guardian or custodian and the child listed on the case plan 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.
(S) For cases with children in
custody, face-to-face contact with the child shall be made pursuant to rule
5101:2-42-62 of the Administrative Code. Face-to-face contact with the parent,
guardian or custodian listed on the case plan 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.
(R)(T)
The PCPA may develop a supplemental plan for locating a permanent family
placement for the child. The supplemental plan shall not be considered a part of
the case plan. Any supplemental plan shall be discussed and reviewed with the
child's parent, guardian, or custodian. The supplemental plan does not require
agreement or approval by the parent, guardian, or custodian.
(S)(U)
The PCPA shall maintain a copy of the original case plan , and
all amendments to the case plan in the child's
case record. All , and all supplemental plans shall
also be maintained
in the child's case record.
(T)(V)
The PCPA shall attach the ODHS 1443
JFS 01443 , "Child's Education and Health Information" or the
PCPA form being used in lieu of the ODHS 1443
JFS 01443 , containing all documentation required on the ODHS
1443 JFS 01443 , to the case plan for each child residing
in the substitute care setting.
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, 5103.03, 2151.412, 5153.16
Rule Amplifies: 2151.412, 2151.421, 5103.03, 5153.16
Prior Effective Dates: 1/14/83, 3/20/83, 11/1/85 (Emer.), 1/29/86 (Emer.),
1/31/86, 4/1/86, 1/1/87 (Emer.), 3/20/87, 1/1/89, 1/1/90, 10/1/97, 3/18/99 (Emer.),
6/17/99.
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