5101:2-42-43 Requirements of semiannual administrative review.

(A)      Each PCSA and PCPA required to prepare a case plan for a child pursuant to rule 5101:2-39-08, 5101:2-39-081, or 5101:2-39-10 of the Administrative Code shall complete a semiannual administrative review (SAR) of the case plan no later than six months after whichever occurs earlier:

(1)      The date the original case plan was completed for in-home voluntary supportive services, no court order.


(2)      The earlier of either the date on which the complaint was filed or the child was first placed in substitute care.


(3)      The earlier of either the date on which the complaint in the case was filed or the court issued an order pursuant to section 2151.414 or 2151.415 of the Revised Code regarding when the case has been terminated and an extension is requested.


(4)      The earlier of either the date on which the complaint in the case was filed or the court issued an order of protective supervision pursuant to section 2151.353 of the Revised Code.

(B)      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 permanent 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, AS APPLICABLE.


(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 set forth in paragraph (P) of rule 5101:2-39-081 of the Administrative Code.

(C)      After the first SAR, the PCSA or PCPA shall continue to conduct an SAR no later than every six months after the most recent SAR.


(D)      A court hearing may take the place of an SAR that would otherwise be required if:

(1)      The hearing is held in time to comply with paragraphs (A) and (C) of this rule;


(2)      Notification is made to all required participants pursuant to paragraph (E)(3) of this rule; and


(3)      During the hearing the court addresses each of the issues stated in paragraphs (E)(4), (E)(5) or (E)(6) of this rule; and


(4)      The court hearing documents each issue either on the SAR form or by journal entry.

(E)      Each SAR shall comply with the following requirements:

(1)      For in-home supportive services, no court order cases, the SAR shall be conducted by a review panel consisting of at least:

(a)      Caseworker with day-to-day responsibility for, or familiarity with the management of the child's case plan; and


(b)      Supervisor or designee.

(2)      For court ordered protective supervision and substitute care cases, the SAR shall be conducted by a review panel of at least three persons, including, but not limited to:

(a)      A caseworker with day-to-day responsibility for, or familiarity with the management of the child's case plan; and


(b)      A person who is not responsible for the management of the child's case plan, or for the delivery of services to the child or his parent, guardian or custodian.

(3)      The SAR shall consist of a meeting by the review panel, as defined in paragraph (E)(1) or (E)(2) of this rule, with the child's parent, guardian or custodian, pre-adoptive parent, the guardian ad litem and/or court appointed special advocate, if one has been appointed, the child's substitute caregiver, including the relative providing care for the child, and the child's attorney, if applicable. All individuals shall be given the opportunity to submit any written materials to be included in the child's case record. The PCSA or PCPA shall provide written notification including the date, time and place for the SAR to all individuals. If, after written notification, any of the individuals decline to participate or fail to appear for the scheduled review, the PCSA or PCPA may proceed with the review. The substitute caregiver or relative providing care for the child are not considered parties to the SAR.


(4)      IN CASES OF A DESERTED CHILD, NOTIFICATION AND PARTICIPATION OF THE CHILD AND PARENT IN THE SAR ARE NOT REQUIRED.


(4)(5)      The PCSA or PCPA shall prepare a written summary for each SAR required for in-home supportive services, no court order. The PCSA shall use the ODJFS JFS 01414 "Family Decision Making Model, Part III: Semiannual Administrative Review (SAR)" and the PCPA may use the ODJFS JFS 01416, "Semiannual Administrative Review Summary (for Private Child Placing Agency Use Only)" when preparing the written summary of the SAR. The summary shall contain the following information:

(a)      The extent of progress made toward alleviating the risk and/or circumstances that required the PCSA or PCPA to provide supportive services to the child/family;


(b)      A conclusion regarding the appropriateness of the supportive services provided to the child and his parent, guardian or custodian;


(c)      An assessment of the appropriateness of the case plan for the child and the extent of compliance by all parties with the case plan; and


(d)      The names of all persons who participated in the SAR.

(5)(6)      The PCSA or PCPA shall prepare a written summary for each SAR required for a child under protective supervision. The PCSA shall use the ODJFS JFS 01414 "Family Decision Making Model, Part III: Semiannual Administrative Review (SAR)" and the PCPA may use the ODJFS JFS 01416, "Semiannual Administrative Review Summary (for Private Child Placing Agency Use Only)" when preparing the written summary of the SAR. The summary shall contain the following information:

(a)      The extent of progress made toward alleviating the risk and/or circumstances that required the PCSA or PCPA to assume protective supervision of the child;


(b)      A conclusion regarding the appropriateness of the supportive services provided the child and his parent, guardian or custodian;


(c)      An assessment of the appropriateness of the case plan for the child and the extent of compliance by all parties with the case plan;


(d)      An estimated date by which protective supervision may be terminated;


(e)      The PCSA or PCPA's recommendation as to which agency or person should be given custodial rights over the child for the next six-month period; and


(f)      The names of all persons who participated in the SAR.

(6)(7)      The PCSA or PCPA shall prepare a written summary for each SAR required for a child in substitute care. The PCSA shall use the ODJFS JFS 01414 "Family Decision Making Model, Part III: Semiannual Administrative Review (SAR)" and the PCPA may use the ODJFS JFS 01416, "Semiannual Administrative Review Summary (for Private Child Placing Agency Use Only)" when preparing the written summary of the SAR. The summary shall contain the following information:

(a)      The extent of progress made toward alleviating the risk and/or circumstances that required the PCSA or PCPA to assume temporary custody of the child;


(b)      A conclusion regarding the appropriateness of the supportive services provided to the child and/OR his parent, guardian or custodian;


(c)      An assessment of the appropriateness of the case plan for the child and the extent of compliance by all parties with the case plan;


(d)      Evaluation of whether services provided to the child and his parent, guardian or custodian will help the child return to a safe environment, when applicable;


(e)      An assessment of the continued safety, necessity for and appropriateness of the placement setting of the child;


(f)      An estimated date by which the child may be returned and safely maintained at home, placed with a relative or other suitable non-relative, placed in a planned permanent living arrangement, placed for adoption or finalized in an adoptive home, or prepared for independent living;


(g)      A determination of whether a child with a dispositional status of planned permanent living arrangement should continue in that status or whether the agency shall file a motion with the court requesting permanent custody of the child.


(h)      The extent of progress made towards meeting the needs of the child in a planned permanent living arrangement or in the permanent custody of the agency;


(i)      A determination of whether a supplemental plan needs to be developed to address locating a permanent family placement for the child which may be made concurrently with reasonable efforts to safely return the child to his own home;


(j)      If a supplemental plan has been developed, indicate the agency's progress toward implementation and whether any amendments need to be made;


(k)      A plan to review the life skill services to assist a child who has attained the age of sixteen to prepare for the transition from substitute care to independent living pursuant to rule 5101:2-42-19 of the Administrative Code.


(l)      The PCSA or PCPA's recommendation regarding which agency or person should be given custodial rights over the child for the next six-month period; and


(m)      The names of all persons who participated in the SAR.

(7)(8)      The PCSA shall summarize IN WRITING the PCSA's recommendation regarding termination of parental rights for the child who has been in the temporary custody of a PCSA for twelve or more of the past twenty-two consecutive months.


(8)(9)      The SAR shall include an update of the ODJFS JFS 01443, "Child's Education and Health Information;" or the PCSA or PCPA's form being used in lieu of the ODJFS JFS 01443, containing all documentation required on the ODJFS JFS 01443, which will be attached to the case plan pursuant to rule 5101:2-39-082 or 5101:2-42-662 of the Administrative Code.

(F)      The PCSA or PCPA shall file with the court a copy of the SAR summary for court involved cases no later than seven days after completion of the SAR and shall include a copy of the amended case plan.


(G)      The PCSA or PCPA shall provide a copy of the SAR summary to all parties and the guardian ad litem and/or court appointed special advocate within one day of filing with the court. A copy of the SAR form shall be filed in the child's case record no later than fourteen days after the completion of the SAR.


(H)      At the time the PCSA or PCPA provides a copy of the SAR summary to all parties and the guardian ad litem and/or court appointed special advocate, the agency shall also indicate, in writing, that all parties and the guardian ad litem and/or court appointed special advocate shall have seven days from the notice of filing the required SAR summary with the court to object to any proposed changes made in the case plan as a result of the SAR and request a hearing on the proposed change.


(I)      PCSA or PCPA may choose to convert the SAR form to a computerized format. The language, ranked order of sections and the order of elements shall not be altered by the conversion process.

Effective Date: December 1, 2001

Review date:

Certification: Thomas J. Hayes

Date: November 16, 2001

Promulgated Under: Revised Code Chapter 119.

Statutory Authority: Revised Code Section 2151.416.

Rule Amplifies: Revised Code Section 2151.416.

Prior Effective Dates: 01/14/83, 11/01/85 (Emer.), 01/31/86, 01/01/89, 01/01/90, 01/01/91, 07/01/92, 6/01/97, 3/18/99 (Emer.)., 6/17/99, 4/1/01.