Ohio Administrative Code|Rule 5101:2-42-18 | PCSA and PCPA approval of placements with relative and nonrelative substitute caregivers.

                                                
(A) A public children services agency
		  (PCSA) or private child placing agency (PCPA) having custody of a child, or
		  upon interstate request by a state with jurisdiction, may approve placement
		  with the following substitute caregivers in accordance with rule 5101:2-42-05
		  of the Administrative Code if the placement is determined to be in the
		  child's best interest and the substitute caregivers are not certified
		  through the Ohio department of job and family services:
(1) A relative by blood,
			 adoption, or marriage who, in accordance with sections 5103.02 and 5103.03 of
			 the Revised Code, is exempt from certification and who is being considered as a
			 substitute caregiver; or
(2) A nonrelative who has
			 a relationship with the child and/or family and who, in accordance with section
			 5153.161 of the Revised Code, is a qualified non-relative.
(B)  Prior to placing the child with the
		  relative or nonrelative substitute caregiver, the PCSA or PCPA shall adhere to
		  the following procedures and document its actions in approving the placement
		  setting:
(1) Collect identifying
			 information (first name, last name, maiden name, aliases, social security
			 number, address, telephone number, place of employment) on the prospective
			 caregiver and all household members.
(2) Require all adults in
			 the home to identify prior PCSA or children services agency (CSA)
			 involvement.
(3) Assure that a search of the statewide
			 automated child welfare information system (SACWIS) has been completed for the
			 prospective caregiver and adult household members pursuant to rule 5101:2-33-21
			 of the Administrative Code.
(a) If the agency has the ability to access SACWIS pursuant to
				rule 5101:2-33-70 of the Administrative Code and section 5101.132 of the
				Revised Code, the agency shall complete an alleged perpetrator search of abuse
				and neglect report history through SACWIS for the prospective caregiver and
				each adult who resides in the home.
(b) If the agency does not have the ability to access SACWIS, the
				agency shall request a search of SACWIS from the Ohio department of job and
				family services (ODJFS) for the prospective caregiver and each adult who
				resides in the home and shall secure the necessary releases of information and
				initiate requests for information when applicable.
(4)  When involvement with a CSA in
			 another state is indicated or suspected, the PCSA or PCPA shall request a check
			 of the child abuse and neglect registry from the other state.
(5) When the home of the
			 relative or nonrelative substitute caregiver is a licensed foster home or
			 approved adoptive home, the PCSA or PCPA is to notify the recommending agency
			 of the intent to place the kinship child in the home. The PCSA or PCPA should
			 consider placing the child as a foster care placement if
			 appropriate.
(6) Assess the safety of the home by
			 checking on all of the following:
(a) Cleanliness of the home.
(b) Absence of hazardous conditions inside and
				outside.
(c) Storing of poisonous and otherwise dangerous or combustible
				materials.
(d) Proper heating, lighting and ventilation.
(e) Condition of plumbing and toilet facilities.
(f) Installation of a working smoke alarm on each level of
				occupancy of the home.
(g) Safe storing of weapons, including firearms and ammunitions,
				in inoperative condition and in a secured and locked area.
(h) Adequacy of each child's bedding and appropriateness to
				his or her needs.
(i) Availability of a working telephone within the home or
				reasonable access to a working telephone for emergency situations.
(7) Provide the prospective caregiver
			 with known information regarding educational, medical, prescription and
			 nonprescription medications, child care, and special needs of the child
			 including information on how to access support services to meet the needs of
			 the child.
(8) Provide the prospective caregiver
			 with the following information:
(a) Information about the kinship support program (KSP),
				including eligibility requirements and details about payments and payment
				timeframes, in accordance with rule 5101:2-42-18.2 of the Administrative
				Code.
(b) How to apply for Ohio works first (OWF) child-only
				financial assistance and medicaid coverage.
(c) The caregiver's right to apply for certification
				as a foster caregiver.
(d) How to apply for certification as a foster
				caregiver.
(e) The requirements for foster caregiver certification and
				adoption approval and how those requirements differ from the requirements for
				approval as a relative or nonrelative substitute caregiver.
(f) The difference in payment between OWF child-only
				payments, KSP payments, and the foster care per diem.
(g) The difference (if any) in the eligibility for
				supportive services.
(h) The caregiver's right to be heard during hearings
				involving the child(ren) if the placement is approved.
(9) Assess the prospective
			 caregiver's ability and willingness to provide care and supervision of the
			 child and to provide a safe and appropriate placement for the
			 child.
(10)  Submit fingerprints for the
			 prospective relative or nonrelative caregiver and all adults residing within
			 the home according to the requirements of the bureau of criminal investigation
			 (BCI). The agency shall request that BCI include information from the federal
			 bureau of investigation (FBI) in the criminal records check. The required
			 criminal records check must be completed prior to an agency approving the
			 prospective relative or nonrelative placement.
(11) Complete a review of the national sex
			 offender registry at https://www.nsopw.gov (2019) for the prospective relative
			 or nonrelative caregiver and all adults residing within the home.
(12) Require the prospective caregiver to
			 submit written notification if a person at least twelve years of age but less
			 than eighteen years of age residing within the home of the prospective
			 caregiver has been convicted of or plead guilty to any offenses described in
			 section 5103.0319 of the Revised Code, or has been adjudicated to be a
			 delinquent child for committing an act that if committed by an adult would have
			 constituted such a violation.
(C)  If a child must be removed from his
		  or her home immediately in accordance with rules 5101:2-39-01 and 5101:2-39-03
		  of the Administrative Code, the PCSA or PCPA may place the child with the
		  prospective relative or nonrelative substitute caregiver, if there are no known
		  safety concerns, and initiate the assessments required by paragraph (B) of this
		  rule no later than the next business day.
(1) The PCSA or PCPA
			 shall complete all activities required by paragraph (B) of this rule no later
			 than five business days from the date the child was placed.
(2) The PCSA or PCPA
			 shall make a final decision to approve or not approve the placement of the
			 child no later than five business days from the date the agency receives the
			 BCI and FBI background check results and/or alleged perpetrator background
			 check results.
(3) The PCSA or PCPA
			 shall provide the relative or nonrelative caregiver with written notification
			 of the decision to approve or not approve the placement within three business
			 days of the date the final decision to approve or not approve the placement was
			 made.
(D) The PCSA or PCPA shall complete the
		  JFS 01447 "Assessment of Relative or Nonrelative Substitute
		  Caregiver." The PCSA or PCPA shall use the SACWIS application to complete
		  home assessments.
(E)  The PCSA or PCPA may deny the placement if the relative or
		  nonrelative had his or her parental rights involuntarily
		  terminated.
(F) The PCSA or PCPA shall not approve the placement if the
		  relative or nonrelative or other adults residing within the home have been
		  convicted of or pleaded guilty to any offense listed in appendix A to this rule
		  unless the agency finds and documents that person's residency in the
		  relative or nonrelative caregiver's household will not jeopardize in any
		  way the health, safety or welfare of the children the agency serves. The
		  following factors shall be considered in determining the person's approval
		  as a relative or nonrelative caregiver or the person's residency in the
		  relative or nonrelative caregiver's household:
(1) The person's age at the time of the
			 offense.
(2) The nature and seriousness of the offense.
(3) The victim of the offense was any of the
			 following:
(a) A person under the
				age of eighteen.
(b) A functionally
				impaired person as defined in section 2903.10 of the Revised Code.
(c) A person with an
				intellectual disability as defined in section 5123.01 of the Revised
				Code.
(d) A developmentally
				disabled person as defined in section 5123.01 of the Revised Code.
(e) A person with a
				mental illness as defined in section 5122.01 of the Revised Code.
(f) A person sixty years
				of age or older.
(4) The circumstances under which the offense was
			 committed.
(5) The degree of participation of the person involved in
			 the offense.
(6) The time elapsed since the person was fully discharged
			 from imprisonment or probation.
(7) The likelihood that the circumstance leading to the
			 offense will recur.
(8) The likelihood that the circumstance leading to the
			 offense will recur.
(9) The person's employment record.
(10) The person's efforts at rehabilitation and the
			 results of those efforts.
(11) Whether any criminal proceedings are pending against
			 the person.
(12) Whether the person has been convicted of or pleaded
			 guilty to a felony contained in the Revised Code that is not listed in
			 paragraph (H) of this rule, if the felony bears a direct and substantial
			 relationship to being a relative or nonrelative caregiver or adult member of
			 the caregiver's household.
(13) Any other factors the agency considers
			 relevant.
(G) The PCSA, PCPA, and kinship caregiver or potential
		  kinship caregiver are to refer to appendix A to this rule to determine the
		  rehabilitative status of a crime.
(H) The PCSA or PCPA shall complete the requirements of
		  paragraph (B) of this rule and make a decision to approve or not approve the
		  child's placement with the relative or nonrelative caregiver within thirty
		  calendar days from the date the assessment was initiated. If the BCI or FBI
		  background check results and/or alleged perpetrator background check results
		  have not been received by the PCSA or PCPA within thirty calendar days from the
		  date the assessment was initiated, the PCSA or PCPA shall make a final decision
		  to approve or not approve the placement of the child no later than five
		  business days from the date the agency receives the BCI and FBI background
		  check results and/or alleged perpetrator background check results.
(I) The PCSA or PCPA shall provide the relative or
		  nonrelative caregiver with written notification of the decision to approve or
		  not approve the placement within three business days of the date the final
		  decision to approve or not approve the placement was made.
(J)  If the PCSA or PCPA disapproves of a court ordered
		  placement of a child, it shall notify the court in writing of its findings and
		  recommend a suitable substitute care placement. The PCSA or PCPA shall continue
		  to notify the court in writing of its findings and recommended substitute care
		  placement at least every six months.
(K) The PCSA or PCPA shall maintain documentation, in the
		  case record, of all assessments and findings required by this rule that are
		  used in approving or disapproving the placement.
(L) Annually, based on the date of the original approval,
		  the PCSA or PCPA shall complete a home assessment to assure that the placement
		  continues to meet the requirements of this rule for approval of the
		  placement.
(1) If there are multiple
			 children placed by one agency in the home, the agency may complete one annual
			 assessment based on the date of the original placement approval, but shall
			 consider the appropriateness of each placement on a child specific
			 basis.
(2) If there are any new adults in the
			 home, the PCSA or PCPA shall conduct background checks on the new adult(s)
			 pursuant to paragraph (B) of this rule.
(3) If the relative or nonrelative
			 caregiver(s) has moved to a new address, the PCSA or PCPA shall ensure that the
			 home meets the requirements listed in paragraph (B) of this rule.
(M) Once a child has been placed with a relative or
		  nonrelative substitute caregiver and is not in need of a new placement, the
		  PCSA or PCPA may continue to complete additional home assessments on other
		  relative or nonrelative substitute caregivers. The PCSA or PCPA may extend the
		  timeframe for completing these additional assessments by a maximum of thirty
		  days past the requirements listed in paragraph (I) of this rule.
(N) Nothing in this rule removes the PCSA's
		  responsibility for conducting parent assessments when a child reunifies with
		  the parent from which the child was removed or when a child is being placed
		  with a non-custodial or non-residential parent in accordance with rules
		  5101:2-37-01, 5101:2-37-02, and 5101:2-37-04 of the Administrative
		  Code.

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Last updated July 1, 2021 at 10:39 AM