5101:2-5-36 Additional Requirements For an Agency That Acts As A Representative of ODJFS in Recommending Treatment Foster Homes For Certification.

Effective Date: January 1, 2003.

IN ADDITION TO THE REQUIREMENTS FOUND IN RULES 5101:2-5-02 TO 5101:2-5-35 OF THE ADMINISTRATIVE CODE AN AGENCY THAT ACTS AS A REPRESENTATIVE OF THE OHIO DEPARTMENT OF JOB AND FAMILY SERVICES IN RECOMMENDING TREATMENT FOSTER HOMES FOR CERTIFICATION SHALL MEET THE FOLLOWING REQUIREMENTS:

(A)      BEGINNING TWENTY-SEVEN MONTHS AFTER THE EFFECTIVE DATE OF THIS RULE, NO CHILD WHO HAS SPECIAL OR EXCEPTIONAL NEEDS AS DESCRIBED IN RULE 5101:2-47-18 OF THE ADMINISTRATIVE CODE SHALL BE PLACED IN A FOSTER HOME UNLESS THE FOSTER CAREGIVER HAS BEEN CERTIFIED TO OPERATE A TREATMENT FOSTER HOME PURSUANT TO THIS RULE AND THE REQUIREMENTS CONTAINED IN RULE 5101:2-7-16 OF THE ADMINISTRATIVE CODE.


(B)      A TREATMENT TEAM SHALL BE ASSIGNED TO EACH CHILD WITH SPECIAL OR EXCEPTIONAL NEEDS PLACED IN A TREATMENT FOSTER HOME.


(C)      AN INITIAL SERVICE PLAN SHALL BE COMPLETED BY THE TREATMENT TEAM FOR EACH CHILD WITH SPECIAL OR EXCEPTIONAL NEEDS PLACED IN A TREATMENT FOSTER HOME NO LATER THAN THIRTY DAYS AFTER PLACEMENT. THE SERVICE PLAN SHALL BE REVIEWED AND REVISED, IF NECESSARY, AT LEAST ONCE EVERY NINETY DAYS THEREAFTER. SERVICE PLAN DEVELOPMENT AND ANY REVISIONS SHALL BE COMPLETED BY THE TREATMENT TEAM LEADER WITH APPROVAL OF THE TREATMENT TEAM LEADER'S SUPERVISOR WHO SHALL BE A MEMBER OF THE AGENCY'S PROFESSIONAL TREATMENT STAFF. ALL TREATMENT TEAM MEMBERS SHALL BE NOTIFIED IN ADVANCE OF EACH TREATMENT TEAM MEETING AND INVITED TO PARTICIPATE. DOCUMENTATION OF THE INVITATIONS SHALL BE MAINTAINED IN THE CHILD'S RECORD.


(D)      THE SERVICE PLAN FOR A CHILD WITH SPECIAL OR EXCEPTIONAL NEEDS PLACED IN A TREATMENT FOSTER HOME SHALL INCLUDE:

(1)      TREATMENT GOALS, CLINICAL AND/OR REHABILITATIVE SERVICES AND OTHER NECESSARY INTERVENTIONS FOR THE CHILD AND HIS FAMILY.


(2)      THE METHOD BY WHICH THE GOALS, REHABILITATIVE SERVICES, AND OTHER NECESSARY INTERVENTIONS WILL BE ATTAINED AND PROGRESS EVALUATED.


(3)      THE PROJECTED LENGTH OF THE CHILD'S STAY IN TREATMENT FOSTER CARE.


(4)      THE CRITERIA FOR THE CHILD TO MEET FOR THE CHILD'S REUNIFICATION WITH HIS PARENT(S)/FAMILY OR GUARDIAN OR THE PROJECTED POST-TREATMENT SETTING INTO WHICH THE CHILD WILL BE PLACED UPON ATTAINMENT OF THE TREATMENT GOALS.


(5)      SERVICES TO BE PROVIDED OR ARRANGED FOR THE CHILD AFTER DISCHARGE FROM THE TREATMENT FOSTER CARE PROGRAM.


(6)      HOW THE CHILD'S PERMANENCY PLAN FOR FAMILY REUNIFICATION, ADOPTION, INDEPENDENT LIVING OR A PLANNED PERMANENT LIVING ARRANGEMENT, AS SPECIFIED IN THE CUSTODIAL AGENCY'S CASE PLAN, WILL BE ATTAINED.

(E)      AN INDIVIDUAL PLAN FOR RESPITE CARE SHALL BE DEVELOPED FOR EACH CHILD WITH SPECIAL OR EXCEPTIONAL NEEDS PLACED IN TREATMENT FOSTER CARE. THE USE OF RESPITE CARE SHALL COMPLY WITH THE AGENCY'S RESPITE CARE POLICY PREPARED PURSUANT TO RULE 5101:2-5-13 OF THE ADMINISTRATIVE CODE. A COPY OF THE INDIVIDUAL PLAN FOR RESPITE CARE FOR EACH FOSTER CHILD WITH SPECIAL OR EXCEPTIONAL NEEDS PLACED IN A TREATMENT FOSTER HOME SHALL BE INCLUDED IN THE CHILD'S CASE RECORD.


(F)      THE AGENCY SHALL ENSURE THAT A MEMBER OF THE AGENCY'S PROFESSIONAL STAFF SHALL BE ON-CALL FOR TREATMENT FOSTER CAREGIVERS AND CHILDREN WITH SPECIAL OR EXCEPTIONAL NEEDS PLACED IN A TREATMENT FOSTER HOME ON A TWENTY-FOUR HOUR, SEVEN DAY A WEEK BASIS.


(G)      THE AGENCY SHALL ENSURE THAT TREATMENT FOSTER CAREGIVERS ARE PROVIDED WITH A MANUAL CONTAINING ALL POLICIES, PROCEDURES AND OTHER INFORMATION RELATED TO THE TREATMENT FOSTER CARE PROGRAM NO LATER THAN THE DATE THE INDIVIDUAL BECOMES CERTIFIED TO OPERATE A TREATMENT FOSTER HOME.


(H)      THE AGENCY SHALL COORDINATE WITH THE AGENCY HOLDING CUSTODY OF A CHILD IN TREATMENT FOSTER CARE OR THE CHILD'S PARENT OR GUARDIAN FOR THE PROVISION OF ALL REHABILITATIVE SERVICES AND OTHER NECESSARY INTERVENTIONS CONTAINED IN THE CHILD'S SERVICE PLAN AND ANY REVISIONS THERETO. THE AGENCY SHALL ALSO IMPLEMENT THOSE ASPECTS OF THE CHILD'S SERVICE PLAN THAT ARE ITS RESPONSIBILITY.


(I)      THE AGENCY SHALL ENSURE THAT A DISCHARGE SUMMARY IS PREPARED PURSUANT TO RULE 5101:2-5-17 OF THE ADMINISTRATIVE CODE FOR EACH SPECIAL OR EXCEPTIONAL NEEDS CHILD DISCHARGED FROM A TREATMENT FOSTER HOME. THIS PARAGRAPH DOES NOT APPLY TO A CHILD WHO HAS BEEN ENROLLED ONLY FOR RESPITE SERVICES.


(J)      AT THE TIME OF PLACEMENT AND WHENEVER ADDITIONAL INFORMATION BECOMES AVAILABLE, THE AGENCY SHALL DISCLOSE TO THE TREATMENT FOSTER CAREGIVER ALL INFORMATION AVAILABLE TO THE AGENCY ABOUT THE CHILD AND HIS FAMILY PURSUANT TO RULE 5101:2-42-90 OF THE ADMINISTRATIVE CODE. DOCUMENTATION OF THE RECEIPT OF THIS INFORMATION SHALL BE MAINTAINED IN THE TREATMENT FOSTER CAREGIVER'S RECORD AND IN THE CHILD'S RECORD.


(K)      THE AGENCY SHALL ASSURE THAT ALL PROFESSIONAL TREATMENT STAFF REQUIRED TO BE LICENSED SHALL BE APPROPRIATELY LICENSED. PROFESSIONAL TREATMENT STAFF SHALL DEMONSTRATE TO THE EMPLOYING OR CONTRACTING AGENCY THAT THE TRAINING REQUIRED FOR PROFESSIONAL LICENSURE SHALL BE IN TOPICS APPROPRIATE TO TREATMENT FOSTER CARE.


(L)      ALL PROFESSIONAL TREATMENT STAFF SHALL ANNUALLY COMPLETE AT LEAST FIFTEEN HOURS OF TRAINING SPECIFIC TO TREATMENT FOSTER CARE ISSUES AND THE MISSION OF THE AGENCY.


(M)      THE AGENCY SHALL ENSURE THAT ALL PROFESSIONAL TREATMENT STAFF ARE PROVIDED WITH A MANUAL OF ALL POLICIES AND PROCEDURES RELEVANT TO THE TREATMENT FOSTER CARE PROGRAM AT THE BEGINNING OF THEIR EMPLOYMENT WITH THE AGENCY.


(N)      THE AGENCY SHALL NOT PROHIBIT TREATMENT FOSTER CAREGIVERS FROM PARTICIPATION IN ANY FORMAL OR INFORMAL SUPPORT GROUPS ORGANIZED FOR THE PURPOSE OF SUPPORTING FOSTER CAREGIVERS.


(O)(1)      WITH THE EXCEPTION OF THE PROVISIONS OF PARAGRAPH (O)(2) OF THIS RULE, A TREATMENT FOSTER CAREGIVER MAY PROVIDE FOSTER CARE FOR NOT MORE THAN FIVE FOSTER CHILDREN, TWO OF WHOM MAY HAVE EXCEPTIONAL NEEDS AS DESCRIBED IN RULE 5101:2-47-18 OF THE ADMINISTRATIVE CODE REQUIRING THEIR PLACEMENT IN A TREATMENT FOSTER HOME. ANY EXCEPTIONS TO THE NUMBER OF EXCEPTIONAL NEEDS CHILDREN TO BE SERVED, MUST HAVE SPECIFIC JUSTIFICATION IN ACCORDANCE WITH THE AGENCY'S POLICY FOR MATCHING FOSTER CHILDREN AND TREATMENT FOSTER CAREGIVERS PURSUANT TO RULE 5101:2-5-13 OF THE ADMINISTRATIVE CODE. SUCH JUSTIFICATION, WHICH MAY INCLUDE THE NEED TO PLACE A SIBLING GROUP, OR THE ABILITIES OF A PARTICULAR FOSTER CAREGIVER(S) IN RELATION TO THE EXCEPTIONAL NEEDS OF A PARTICULAR CHILD, SHALL BE DOCUMENTED IN THE CHILD'S CASE RECORD AND IN THE TREATMENT FOSTER HOME RECORD. IF MORE THAN TWO EXCEPTIONAL NEEDS CHILDREN ARE PLACED IN A TREATMENT FOSTER HOME, ALL AGENCIES HOLDING CUSTODY OF ANY OTHER CHILDREN PLACED IN THE HOME SHALL BE NOTIFIED BY THE AGENCY RECOMMENDING CERTIFICATION OF THE HOME WITHIN SEVENTY-TWO HOURS OF THE ADDITIONAL EXCEPTIONAL NEEDS CHILD'S PLACEMENT.

(2)      A TREATMENT FOSTER CAREGIVER WHO IS ALSO AN APPROPRIATELY TRAINED AND LICENSED PROFESSIONAL SUCH AS A SOCIAL WORKER, PROFESSIONAL COUNSELOR, PSYCHOLOGIST OR TEACHER, OR WHO HAS A MINIMUM OF A BACHELOR'S DEGREE IN A CHILD DEVELOPMENT OR SOCIAL SERVICES FIELD AND FIVE YEARS OF CHILD CARE EXPERIENCE AND TRAINING RELATED TO SERVING CHILDREN IN FOSTER CARE, AND WHOSE PRIMARY MEANS OF SUPPORT IS FROM REIMBURSEMENT AS A TREATMENT FOSTER CAREGIVER, MAY PROVIDE CARE FOR NOT MORE THAN FIVE TREATMENT FOSTER CHILDREN PLACED IN THE CAREGIVER'S HOME.


(3)      CHILDREN PLACED IN A FOSTER HOME ON THE EFFECTIVE DATE OF THIS RULE SHALL NOT BE MOVED TO ANOTHER PLACEMENT SOLELY TO MEET THIS REQUIREMENT.

(P)      THE AGENCY SHALL ENSURE THAT PROFESSIONAL TREATMENT STAFF SHALL HAVE WEEKLY CONSULTATION AND FACE-TO-FACE CONTACT AT LEAST EVERY TWO WEEKS WITH EACH TREATMENT FOSTER HOME SERVING A CHILD WITH SPECIAL OR EXCEPTIONAL NEEDS AND AT LEAST ONE MEMBER OF EACH TREATMENT FOSTER CAREGIVER COUPLE OR CO-PARENTS. AT LEAST ONE OF THE FACE-TO-FACE CONTACTS EACH MONTH SHALL TAKE PLACE IN THE TREATMENT FOSTER HOME.


(Q)      THE AGENCY SHALL ENSURE THAT PROFESSIONAL TREATMENT STAFF SHALL HAVE AT LEAST WEEKLY CONTACT AND FACE-TO-FACE MEETINGS AT LEAST EVERY TWO WEEKS WITH EACH SPECIAL OR EXCEPTIONAL NEEDS CHILD PLACED IN A TREATMENT FOSTER HOME. AT LEAST ONE OF THE FACE-TO-FACE CONTACTS EACH MONTH SHALL TAKE PLACE IN THE TREATMENT FOSTER HOME.


(R)      THE AGENCY SHALL ENSURE THAT TREATMENT FOSTER CAREGIVERS KEEP A WRITTEN RECORD OF THE BEHAVIOR AND PROGRESS TOWARDS ACHIEVING TREATMENT GOALS AS IDENTIFIED IN THE CHILD'S SERVICE PLAN FOR EACH FOSTER CHILD PLACED IN A TREATMENT FOSTER HOME. THE WRITTEN RECORD SHALL BE MAINTAINED CURRENT AND KEPT IN THE MANNER PRESCRIBED BY THE TREATMENT FOSTER CARE PROGRAM.


(S)      THE AGENCY SHALL ASSURE THAT TREATMENT FOSTER CAREGIVERS ARE AWARE OF THE POTENTIAL SIDE EFFECTS OF ANY PRESCRIBED MEDICATION FOR CHILDREN PLACED IN THEIR HOME.

Effective Date: 1/1/03

Review Date:

Certification: Thomas J. Hayes

Date 10/31/02

Promulgated Under: Revised Code Chapter 119

Statutory Authority: Revised Code Sections 5103.03, 5103.0316

Rule Amplifies: Revised Code Sections 5103.02, 5103.03

Prior Effective Date: