Ohio Administrative Code

19.03 PDF: (A) An agency providing twenty-four hour out-of-home care for a child shall maintain a case record for each child in out-of-home care which shall include but not be limited to the documentation as required by Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-38, 5101:2-39,…

19.03 PDF: (A) The Ohio department of children and youth (DCY) may begin an investigation if either of the following apply:(1) DCY has knowledge of rule noncompliance or receives a complaint alleging that an agency is in violation of any of the requirements of the Administrative …

19.03 PDF: (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 appl…

19.03 PDF: (A) A public children services agency (PCSA), private child placing agency (PCPA), private non-custodial agency (PNA), and any residential facility is to create, in writing, a disaster preparedness plan and include this plan in its agency policy. All residential facili…

19.03 PDF: (A) An agency shall inform the individual or agency that placed a child in out of home care of any of the following services:(1) If the child needs treatment for non-routine mental health, medical, dental, or vision care and this treatment is not included in the curren…

19.03 PDF: (A) Volunteers, subcontractors or interns whose duties include any of the same general duties as child care staff shall be trained in the mission of the out-of-home care setting to which they are assigned.(B) An agency is to ensure a volunteer, intern or subcontractor …

19.03 PDF: (A) Every child has the right to enjoy freedom of thought, conscience, and religion. An agency shall demonstrate consideration for, and sensitivity to, the religious background of a child in out-of-home care and of families receiving agency services.(B) Opportunity sha…

19.03 PDF: (A) When a child is planned to be or is discharged from a specialized foster home, the agency shall prepare a written discharge summary. The discharge summary shall be prepared no earlier than thirty days before and no later than thirty days after the date of discharge…

19.03 PDF: (A) What is the purpose of rule 5180:2-5-18 of the Administrative Code?This rule outlines the conditions under which the Ohio department of children and youth (DCY) may grant waivers and variances to certain administrative requirements and procedures related to child w…

19.03 PDF: (A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) acting as a representative of the Ohio department of children and youth (DCY) is to:(1) Inform all individuals applying for an initial foster home cer…

19.03 PDF: (A) An agency shall not recommend for certification any applicant whose residence is licensed, regulated, approved, or operated under the direction of, or otherwise certified as a facility to provide overnight substitute care for unrelated persons, by:(1) The departmen…

19.03 PDF: (A) All currently certified foster homes are to apply for continuous certification no earlier than ninety days and no later than thirty days prior to the end date of their fourth year of the initial certificate. After the initial certification, the caregiver is to comp…

19.03 PDF: (A) An agency is to recommend a foster caregiver be certified to operate only one type of foster home at a time. A foster home may accept a foster child that is assessed as needing care at or below the level of care for which the home is certified.(B) Whenever a foster…

19.03 PDF: (A) At the time of an agency decision to recommend denial of initial certification, denial of continuous certification or revocation of a foster home certificate, the agency may contact the Ohio department of children and youth (DCY) licensing department for consultati…

19.03 PDF: (A) If a foster caregiver notifies the recommending agency of the voluntary termination of the foster home certificate, the recommending agency shall, within two working days of receipt of the notice, notify any other agency which has a foster child placed within the h…

19.03 PDF: (A) What is a recommending agency to do upon receiving an allegation of a foster home rule violation?The agency is to:(1) Begin investigating within three calendar days of all allegations of rule noncompliance of Chapters 5180:2-7 or any other relevant chapter of the A…

19.03 PDF: (A) An agency shall create a separate record for each foster home.(B) All documentation required by Chapters 5101:2-5 and 5101:2-7 of the Administrative Code shall be contained in the individual foster home record pursuant to paragraph (A) of this rule.(C) An agency sh…

19.03 PDF: (A) An assessor that meets the requirements of paragraph (B) of rule 5101:2-5-20 of the Administrative Code is to perform the duties of this rule.(B) If the agency is notified of any of the following changes for the foster caregiver, the agency is to amend the homestud…

19.03 PDF: (A) Prior to an agency sharing use of a foster home that has been recommended for certification by another agency, the agency wishing to use the home is to obtain a written agreement signed by the recommending agency stating how the home is to be used and that all part…

19.03 PDF: (A) An agency shall place a foster child in a foster home only when the agency and the foster caregiver are in compliance with the provisions of Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.(B) Specific circumstances and limitations for the capacity of a f…

19.03 PDF: (A) A recommending agency is to document that each person seeking certification successfully completes all preplacement training required by this rule according to the type of foster home for which certification is sought.(B) A recommending agency is to document that e…

19.03 PDF: (A) A private child placing agency (PCPA) or private noncustodial agency (PNA) which accepts a direct placement of a child from a parent, guardian or custodian, shall develop and prepare a case plan on the child and family.(1) The case plan is to be developed and prepa…

19.03 PDF: (A) No court, agency, resource caregiver, residential facility or any employee, volunteer, intern or subcontractor of an agency, court or residential facility is to in any way violate any of the following rights of children:(1) The right to be free from physical, verba…

19.03 PDF: (A) The recommending agency shall not allow a child who has special or exceptional needs as described in rule 5101:2-47-18 of the Administrative Code to be placed in a foster home unless the foster caregiver has been certified to operate a treatment foster home pursuan…

19.03 PDF: (A) The recommending agency shall not allow a medically fragile child to be placed in a foster home unless the foster caregiver(s) has been certified to operate a medically fragile foster home pursuant to this rule and rule 5101:2-7-17 of the Administrative Code. The r…

19.03 PDF: (A) As used in this rule, a training hour means sixty consecutive minutes of instruction and may include a break of not longer than five minutes per training hour when a training session is longer than one training hour in duration.(B) Stipend payments for foster careg…

19.03 PDF: (A) A private child placing agency (PCPA), private noncustodial agency (PNA), or a consortium of such agencies that seeks to operate a preplacement training program or a continuing training program is to submit its training proposal(s) for approval to the agency's assi…

19.03 PDF: (A) For the purposes of this program, in accordance with section 5101.1414 of the Revised Code, an adopted young adult is defined as a person that:(1) Was adopted at age sixteen or seventeen;(2) Was in the permanent custody of an Ohio public children services agency (P…

19.03 PDF: (A) To be eligible for adoption assistance connections to age twenty-one (AAC), an adopted young adult is to meet the following requirements:(1) Was adopted at age sixteen or seventeen;(2) Was in the permanent custody of an Ohio public children services agency (PCSA);(…

19.03 PDF: (A) The maximum amount of the monthly adoption assistance connections to age twenty-one (AAC) payment shall not exceed the cost of the monthly foster care maintenance (FCM) payment that was paid or would have been paid if the adopted young adult had remained in a foste…

19.03 PDF: (A) The public children services agency (PCSA) director or their designee will serve as the assistant deputy compact administrator (ADCA) for the agency in carrying out responsibilities involving interstate compact on the placement of children (ICPC). The ADCA is to me…

19.03 PDF: (A) The state of Ohio interstate compact on the placement of children (ICPC) office is to serve as the central approving authority for all requests for services related to the placement of children into or outside of Ohio by private child placing agencies (PCPA), priva…

19.03 PDF: (A) Prior to placing a child into another state or territory for an adoptive placement, an Ohio parent, legal guardian, private child placing agency (PCPA), or attorney, hereafter referred to as the sending agent, is to receive written approval, as documented on the JF…

19.03 PDF: (A) If an Ohio court is planning to place a child in a residential facility in another state or territory, the court is to electronically send one copy of the following to the Ohio interstate compact on the placement of children (ICPC) office for each placement resourc…

19.03 PDF: (A) "Active efforts" means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with his or her family. Where an agency is involved in the child custody proceeding, active efforts involve assisting the parent or pa…

19.03 PDF: (A) The public children services agency (PCSA) or the private child placing agency (PCPA) shall follow all of the Indian child welfare rules and guidelines as outlined by the Indian Child Welfare Act (ICWA)(1978) as reauthorized by the Child and Family Services Improve…

19.03 PDF: (A) For each referral the agency screens in, the public children services agency (PCSA) or private child placing agency (PCPA) shall ask case participants whether the participant knows or has reason to know pursuant to rule 5101:2-53-02 of the Administrative Code that …

19.03 PDF: (A) When a public children services agency (PCSA) or private child placing agency (PCPA) knows or has reason to know that an Indian child is the subject of an involuntary foster care placement or termination of parental rights proceeding, the agency shall send notice o…

19.03 PDF: (A) A public children services agency (PCSA) or private child placing agency (PCPA) may accept a voluntary agreement for temporary custody of an Indian child from a parent, guardian or Indian custodian for the purpose of placing the child in substitute care. The agreem…

19.03 PDF: (A) A public children services agency (PCSA) can take emergency protective custody of any Indian child pursuant to paragraph (C) of rule 5101:2-39-01 of the Administrative Code regardless of the jurisdictional status of his or her tribe as long as the child is in dange…

19.03 PDF: (A) A public children services agency (PCSA) or private child placing agency (PCPA) may accept a permanent surrender of an Indian child by a parent or Indian custodian. The surrender shall be executed on a JFS 01666 "Permanent Surrender of Child" and recorded before a …

19.03 PDF: (A) When the public children services agency (PCSA) or private child placing agency (PCPA) has custody of an Indian child, it shall select the least restrictive substitute care setting that:(1) Most approximates a family, taking into consideration sibling attachment;(2…

19.03 PDF: (A) Either parent, the Indian custodian, or the Indian child's tribe may request, at any time, orally on the record or in writing, that the court transfer a foster care or termination of parental rights proceeding to the jurisdiction of the child's tribe. The right to …

19.03 PDF: (A) For purposes of this program, in accordance with section 5101.1411 of the Revised Code, a kinship guardianship young adult is defined as a person that:(1) Was in the temporary, permanent, or planned permanent living arrangement custody of an Ohio public children se…

19.03 PDF: (A) Pursuant to sections 5101.141 and 5101.1411 of the Revised Code, to be eligible for kinship guardianship assistance program connections to twenty-one (KGAP C21), a kinship guardianship young adult is to meet all of the following requirements:(1) Was in the temporar…

19.03 PDF: (A) The maximum amount of the monthly kinship guardianship assistance program connections to twenty-one (KGAP C21) payment is to be equal to or less than the kinship guardianship assistance program (KGAP) payment that was provided to the kinship caregiver at the time o…

19.03 PDF: (A) The state kinship guardianship assistance program (KGAP) provides financial payments to eligible kinship caregivers who have been granted legal custody or guardianship of a child that was previously in the custody of a public children services agency (PCSA). The Oh…