Ohio Administrative Code|Rule 5101:2-5-13 | Required agency policies, plans and procedures.

                                                
(A) A public children services agency
		  (PCSA), private child placing agency (PCPA) or private noncustodial agency
		  (PNA) engaging in any of the functions listed in rule 5101:2-5-03 of the
		  Administrative Code shall have, at a minimum, all of the following policies as
		  applicable to the function or functions being performed.
(1) An agency shall have
			 a written discipline policy which:
(a) Prohibits the use of prone restraints. Prone restraint is
				defined as all items or measures used to limit or control the movement or
				normal functioning of any portion, or all, of an individual's body while
				the individual is in a face-down position for an extended period of time. Prone
				restraint includes physical or mechanical restraint.
(b) If an agency has a discipline policy that does not allow any
				type of restraint, the agency can document this in its policy and the agency
				does not have to address the issues in paragraph (A)(1)(a) of this
				rule.
(2) An agency shall have a written plan
			 describing strategies for foster caregiver recruitment that complies with the
			 Multiethnic Placement Act, Oct. 20, 1994, P.L. 103-382, as amended by Section
			 1808 of the Small Business Job Protection Act of 1996, P.L. 104-188 (MEPA), and
			 the Civil Rights Act of 1964 (Title VI), as it applies to the foster care
			 process. If the PCSA, PCPA or PNA amends its recruitment plan, the agency shall
			 be responsible for submitting the amended recruitment plan to ODJFS within
			 ninety days following a plan change. This policy shall include:
(a) A description of the characteristics of foster children
				served by the agency that shall include the following:
(i) Ages.
(ii)  Developmental
				  needs.
(iii) Emotional
				  needs.
(iv) Physical
				  needs.
(v)  Race, color and
				  national origin backgrounds.
(vi) Levels of care
				  needed.
(b) Diverse methods of disseminating general information
				regarding the children served by the agency.
(c) Specific strategies to reach all parts of the community as
				defined by the agency.
(d) Strategies for assuring that prospective foster caregivers
				have access to the application process, including the flexibility of service to
				the community served by the agency.
(e) Strategies for training staff to work with diverse cultural,
				racial, ethnic and economic communities.
(f) Strategies for dealing with linguistic barriers.
(g) Procedures for a timely search for foster caregivers,
				including the use of interagency efforts, provided that such procedures ensure
				that placement of a child in an appropriate household is not delayed by the
				search for a same race or ethnic placement.
(h) A statement of assurance that all foster caregiver
				recruitment activities and materials shall be in compliance with MEPA and Title
				VI, the Indian Child Welfare Act of 1978, 25 U.S.C. 1901 and the Adoption and
				Safe Families Act of 1997.
(3) An agency shall have a written policy
			 describing the process for simultaneously approving applicants for foster care
			 placement and adoptive placement.
(4) An agency shall have a written policy
			 detailing any assessment activities in which an agency would require a foster
			 caregiver applicant to participate and any materials or documentation, not
			 specifically required by Chapter 5101:2-5 or 5101:2-7 of the Administrative
			 Code, which a foster caregiver applicant would be required to submit as part of
			 the assessment or homestudy process.
(5) An agency shall have a written policy
			 detailing all payments to foster caregivers.
(6) An agency shall have a written
			 grievance policy detailing the methods for hearing grievances and for resolving
			 differences with a foster caregiver or applicant relative to the requirements
			 imposed by Chapter 5101:2-7 of the Administrative Code and other agency
			 policies. This policy shall include a method of review by the highest
			 administrative employee of the agency or designee for any unresolved grievance
			 within thirty calendar days of the filing of the grievance.
(7) A PCSA or PCPA shall
			 have a written policy regarding the required notification to the foster or
			 kinship caregiver if the PCSA or PCPA seeks permanent custody of a child placed
			 with the caregiver and if a child placed with the caregiver becomes available
			 for adoption. The notification shall also be given to the recommending agency
			 when the custodial agency is different than the recommending agency. The
			 notification shall be consistent with the requirements contained in section
			 5103.161 of the Revised Code.
(8) An agency shall have written policies
			 that shall be explained to potential foster caregivers during initial
			 orientation for all of the following:
(a) Liability insurance and compensation for damages done by
				children placed in foster care.
(b) Legal representation, legal fees, counseling or legal
				advocacy for foster caregivers for matters directly related to the proper
				performance of their roles.
(c) Investigations of abuse and/or neglect involving a child
				living in a foster home.
(9) Each recommending agency shall
			 establish and implement a policy regarding good cause for a foster
			 caregiver's failure to complete the continuing training in accordance with
			 rule 5101:2-5-33 of the Administrative Code. If the foster caregiver complies
			 with the policy, as determined by the agency, ODJFS may renew the foster
			 caregiver's foster home certificate. The agency shall submit the policy to
			 the department and provide a copy to each foster home the agency recommends for
			 certification or renewal.
The policy shall include all of the
			 following:
(a) What constitutes good cause, including documented illness,
				critical emergencies, and lack of accessible training programs.
(b) Procedures for developing a scheduled corrective action plan
				that provides for prompt completion of the continuing training.
(c) Procedures for recommending revocation of the foster home
				certificate if the foster caregiver fails to comply with the corrective action
				plan.
(10) An agency operating a specialized
			 foster home program shall have a written policy on the operation of the
			 specialized foster home program which shall comply with the requirements of
			 rules 5101:2-5-36, 5101:2-5-37, 5101:2-7-16, and 5101:2-7-17 of the
			 Administrative Code, as applicable. The policy shall specify:
(a) The hierarchy of the program including:
(i) The number of
				  treatment team leaders each supervisor is responsible for providing
				  supervision.
(ii) The specific number
				  of treatment and medically fragile foster children for which each treatment
				  team leader shall be responsible for providing case management
				  services.
(b) How the agency will determine the equivalent experience
				required by paragraph (A) of rule 5101:2-7-16 of the Administrative Code and
				rule 5101:2-7-17 of the Administrative Code, as applicable.
(11) An agency operating a specialized
			 foster home program shall have a written policy that provides for access to
			 both planned and crisis respite care, the amount to be determined on a
			 case-by-case basis, for children in the program's care. The respite care
			 policy shall include, but is not limited to, the following
			 provisions:
(a) Utilization of respite care shall be only with the approval
				of the administrative director of the specialized foster care program or his or
				her designee.
(b) A process for the specialized foster care program to select
				and approve respite care providers.
(c) Only approved respite care providers shall be
				utilized.
(d) An approved respite care provider, who is not certified as a
				foster caregiver or specialized foster caregiver, shall receive at least twelve
				hours of orientation and training relevant to the children served by the
				specialized foster care program and have a criminal record check conducted as
				for a foster caregiver pursuant to rule 5101:2-5-09.1 of the Administrative
				Code prior to providing respite care.
(e) A respite care provider shall not provide respite care for
				children for more than two consecutive weeks unless the provider is certified
				as a specialized foster caregiver.
(f) Prior to each occasion of respite care, the recommending
				agency shall provide the respite care provider with a copy of the JFS 01443
				"Child's Education and Health Information" or the form the
				agency uses in lieu of the JFS 01443 completed for the child pursuant to rule
				5101:2-38-08 of the Administrative Code as part of his case plan and at least a
				written summary of the child's service plan and any information required
				to be shared with a foster caregiver by rule 5101:2-42-90 of the Administrative
				Code. In addition, for a medically fragile child, any nursing treatment plan
				containing physician orders shall be provided. The information required by this
				paragraph shall be provided to the respite care provider by the agency that has
				approved the respite care provider. Documentation that this has been done shall
				be maintained in the child's case record by the agency that approved the
				respite care provider.
(g) For each occasion of respite care, a respite care provider
				shall provide a written report of the child's stay in respite care to the
				specialized foster caregiver.
(h) A respite care provider for a medically fragile child shall
				be certified as a foster caregiver for medically fragile children or be a
				licensed medical professional.
(12) An agency operating a specialized
			 foster home program shall have a written policy, outlining procedures for
			 matching children with specialized foster caregivers, that ensures
			 consideration of the child's needs, the capabilities of the specialized
			 foster caregiver, and family-centered, neighborhood-based
			 practices.
(13) An agency operating a specialized
			 foster care program shall have a written policy to assure that all children in
			 specialized foster care and all specialized foster caregivers and their
			 families affiliated with the program shall have access to crisis counseling,
			 arranged by the program, for issues or problems caused by a specific incident
			 related to a child receiving treatment within the caregiver's home,
			 including the death or hospitalization of a child.
(14) An agency which is certified to
			 operate a residential facility, a treatment foster care program, or a medically
			 fragile foster care program shall be responsible for developing and
			 implementing a behavior intervention policy which includes a description of the
			 facility's behavior management program. The behavior intervention policy
			 shall, at a minimum, contain the following components:
(a) A detailed description of the full range of behavior
				intervention procedures (intervention that is the least intrusive and least
				disruptive to the child, positive behavioral interventions, prompted
				relaxation, time out, physical restraints, supervised restraint, and isolation)
				or combination of procedures employed, including operational details of the
				interventions themselves and a definition of each behavior
				intervention.
(b) The use of restrictive behavior interventions, behavior
				management techniques or aversive procedures and identification of instances in
				which such procedures may be contraindicated.
(c) Procedures for carrying out these provisions consistent with
				the needs of children with disabilities.
(d) A description of the credentials of the personnel involved in
				designing, approving, implementing, monitoring and supervising the
				implementation of the behavior interventions.
(15) An agency which is certified to
			 operate a residential facility shall have a written policy on the use of
			 alcohol, tobacco and tobacco products by staff and children within such
			 facilities which shall conform to, but is not limited to, the requirements of
			 rule 5101:2-9-06 of the Administrative Code. No residential facility shall use
			 alcohol, tobacco or tobacco products to influence or control the behavior of a
			 child.
(16) An agency which is
			 certified to operate a residential facility shall have a written admissions
			 policy specifying the type of child who will be accepted into the facility and
			 the conditions under which a child would not be accepted.
(17) An agency which is
			 certified to operate a residential facility is to have a written policy to
			 address the requirements of being a qualified residential treatment program
			 (QRTP) as outlined in rule 5101:2-9-42 of the Administrative Code.
(18) An agency shall have a written policy
			 which describes the conditions under which, and the procedures by which, a
			 child will be discharged from an out-of-home care setting including any
			 criteria for emergency discharges and discharges not in accordance with a
			 child's service plan.
(19) An agency shall have a written policy
			 which specifies the procedures for ensuring the accessibility of the
			 administrator or designee with executive authority to agency staff and ODJFS
			 representatives at all times.
(20) An agency shall have a written policy
			 regarding access, confidentiality, maintenance, security and disposal of all
			 records maintained by the agency.
(21) An agency shall have a written policy
			 which protects the confidentiality of information concerning a child and the
			 child's family. This policy shall include the agency's procedure for
			 disseminating information to a child fatality review board.
(22) An agency shall have a written policy
			 governing the agency's participation in human research projects, fund
			 raising and publicity activities, and shall not involve a child in any such
			 activity without the prior informed, written consent of the parent, guardian or
			 legal custodian and the child, according to the child's age and
			 functioning level. Such written consent shall be contained in the child's
			 case record.
(23) An agency shall have written
			 personnel policies and procedures which are provided to all personnel. These
			 personnel polices and procedures shall include, but are not limited
			 to:
(a) Procedures for recruitment, screening, orientation,
				assignment, supervision, promotion, training, and written annual evaluation of
				all employees.
(b) Procedures for discipline of employees including suspension
				and dismissal.
(c) Procedures for handling staff grievances.
(d) Salary and fringe benefit plan.
(e) A requirement for an employee that he shall notify the agency
				within twenty-four hours of any charge of any criminal offense that is brought
				against him. This policy shall also contain a provision that:
(i) Failure to notify the
				  agency within twenty-four hours of any charge of any of the crimes listed in
				  rule 5101:2-5-09 of the Administrative Code shall result in immediate dismissal
				  from employment.
(ii) If the charges
				  result in a conviction, the employee shall notify the agency within twenty-four
				  hours of the conviction. Failure to notify the employer of any conviction of
				  any criminal offense shall result in the employee's immediate dismissal
				  from employment.
(iii) Conviction of any
				  of the crimes listed in rule 5101:2-5-09 of the Administrative Code while in
				  the employ of the agency shall result in immediate dismissal from employment
				  with the agency.
(24) An agency which uses volunteers or
			 college interns shall have a written policy for screening which includes
			 conducting criminal background checks, orienting, training, supervising and
			 assigning volunteers and college interns, as appropriate to the function to be
			 performed. The policy shall include a requirement for any volunteer or college
			 intern to notify the agency within twenty-four hours of any charge of any
			 criminal offense that is brought against him. The policy shall also contain the
			 following provisions:
(a) Failure to notify the agency within twenty-four hours of any
				charge shall result in immediate dismissal from the agency.
(b) If the charges result in a conviction, the volunteer or
				college intern shall notify the agency within twenty-four hours of the
				conviction. Failure to notify the agency of any conviction of any criminal
				offense shall result in the immediate dismissal of the volunteer or college
				intern from the agency.
(c) Conviction of any of the crimes listed in rule 5101:2-5-09 of
				the Administrative Code while serving as a volunteer or college intern for the
				agency shall result in the immediate dismissal of the volunteer or college
				intern from the agency.
(25) An agency shall have a written policy
			 and procedure which assures protection of a child's civil
			 rights.
(26) An agency operating a foster care
			 program shall include in its foster care policy a copy of the JFS 01611
			 "Non-discrimination Requirements for Foster Care and Adoptive
			 Placements." No additional language regarding non-discrimination in the
			 foster care process based upon race, color, or national origin shall be
			 permitted in the PCSA, PCPA or PNA foster care policy unless additional
			 language is required pursuant to a federal court order and is approved by the
			 ODJFS.
(27) An agency operating a foster care
			 program shall comply with the standards of conduct regarding MEPA and Title VI
			 in accordance with rule 5101:2-33-11 of the Administrative Code.
(28) An agency operating a foster care
			 program shall include in its foster care policy the complaint process pursuant
			 to rule 5101:2-33-03 of the Administrative Code.
(29) If a recommending agency has a foster
			 home that is providing care for a child in the custody of another agency, the
			 recommending agency shall have a written policy and procedure to notify the
			 custodial agency if any of the following incidents occur:
(a) A serious injury or illness involving medical treatment of
				the foster child.
(b) The death of the foster child.
(c) Unauthorized absence of the foster child from the home. The
				recommending agency shall provide the notification to the custodial agency
				immediately, but no later than twenty-four hours from the time the recommending
				agency became aware of the unauthorized absence.
(d) Removal or attempted removal of the foster child from the
				home by any person or agency other than the placing agency.
(e) Any involvement of the foster child with law enforcement
				authorities.
(30) A PCSA shall have a written policy
			 for monitoring the appropriate use of psychotropic medications for children in
			 foster care. In preparation for developing the policy, the PCSA may review the
			 JFS 01682 "Psychotropic medication toolkit for Public Children Services
			 Agencies." This policy shall include:
(a) Comprehensive and coordinated screening, assessment, and
				treatment planning mechanisms to identify the child's mental health and
				trauma-treatment needs including a psychiatric or medical evaluation, as
				necessary, to identify needs for psychotropic medication.
(b) Informed and shared decision-making and methods for ongoing
				communication between the prescriber, the child, the child's parents or
				caregivers, other healthcare providers, and the agency case
				worker.
(c) Effective medication monitoring for the children placed in
				care.
(31) A residential facility operating as a
			 private, nonprofit therapeutic wilderness camp shall have written policies in
			 accordance with division (D) of section 5103.50 of the Revised
			 Code.
(B) Unless otherwise indicated, policies,
		  plans and procedures related to ODJFS certified or approved functions shall be
		  submitted to ODJFS in accordance with the following:
(1) At the time of
			 application for an initial certificate, all policies, plans, and procedures
			 shall be submitted.
(2) At the time of
			 application for an amended certificate to add an additional function, the
			 agency shall submit any policy, plan, or procedure related to the new
			 function.
(3) At the time of
			 request for approval of any new foster home function of a PCSA, all policies,
			 plans, and procedures related to that function shall be submitted.
(4) When an agency
			 revises a policy, plan or procedure, the revision shall be submitted within
			 ninety calendar days of the change.
(5) If a change of the
			 Administrative Code or the Revised Code requires the agency policy to change,
			 the agency shall submit the affected agency policy to ODJFS within ninety days
			 of the effective date of the Administrative Code or the Revised Code
			 change.
(C) An agency shall ensure that agency
		  staff and contractors performing work related to the functions listed in rule
		  5101:2-5-03 of the Administrative Code shall implement all current written
		  policies of the agency related to those functions and that all activities and
		  programs related to those functions occur in accordance with such
		  policies.
(D) All policies required by this chapter shall be provided to
		  any person affected by the policy. Any policy required by this chapter shall be
		  provided to any person upon request.
(E) If ODJFS determines an agency's
		  foster care policy, policy revisions or plans are noncompliant, the agency
		  shall accept technical assistance from ODJFS until such time that the policy or
		  recruitment plan is in compliance.


Last updated October 15, 2021 at 8:25 AM