Ohio's Families and Children Rule Review Site

5101:2-1-01 Children services definitions of terms.

This rule is no longer open for comment. However, here you can view an archived, read-only version of the rule and any associated comments.

This rule is being reviewed for 30 days for the purpose of adding the term sibling. The Preventing Sex Trafficking and Strengthening Families Act references the states’ definition of sibling. At this time Ohio does not define sibling in law or rule. The rule is being amended to add the term –Sibling” to the definitions rule. Sibling will be defined as: –Sibling” means a legal relationship exists between two or more children related to one another by blood; including half-blood siblings, or adoption.

(A) This rule contains the definitions of terms used in Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-36, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-44, 5101:2-47, 5101:2-48, 5101:2-49, 5101:2-52 and 5101:2-57 of the Administrative Code.

(B) Definitions.

(1) "Abandoned child", pursuant to section 2151.011 of the Revised Code, means a child who is presumed abandoned when the parents of the child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that period of ninety days.

(2) "Abused child," pursuant to section 2151.031 of the Revised Code, includes any child who:

(a) Is the victim of sexual activity as defined under Chapter 2907. of the Revised Code, where such activity would constitute an offense under Chapter 2907. of the Revised Code except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child.

(b) Is endangered as defined in section 2919.22 of the Revised Code, except that the court need not find that any person has been convicted under section 2919.22 of the Revised Code in order to find that the child is an abused child.

(c) Exhibits evidence of any physical or mental injury or death, inflicted other than by accidental means, or an injury or death which is at variance with the history given of it. Except as provided in this definition, a child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent, guardian, custodian, person having custody or control, or person in loco parentis of a child is not an abused child under this definition if the measure is not prohibited under section 2919.22 of the Revised Code.

(d) Because of the acts of his parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child's health or welfare.

(e) Is subjected to out-of-home care child abuse.

(3) "Adjudicatory hearing" pursuant to section 2151.28 of the Revised Code means a hearing held by the juvenile court to determine whether a child is a juvenile traffic offender, delinquent, unruly, abused, neglected, or dependent or otherwise within the jurisdiction of the court or whether temporary or legal custody should be converted to permanent custody.

(4) "Administrative director" or "administrator" means the person designated by the governing body of an agency who is responsible for the management and administration of the agency.

(5) "Adopted person" is a person whose legal relationship was terminated with his/her biological parents, through permanent surrender or court order, and a new legal relationship has been established with an adoptive family.

(6) "Adoption" is the creation, by a court of competent jurisdiction, of parental rights and responsibilities between a child and an adult, along with the termination of all parental rights and responsibilities to the child held by any other persons, which have not been previously surrendered or terminated by court order.

(7) "Adoption finalization" is an order of the court issued pursuant to section 3107.14 of the Revised Code terminating all parental rights and responsibilities of a biological or other legal parent and creating the relationship of parent and child between the petitioner and the adopted person.

(8) "Adoptive parent" is a person who adopts a person legally available for adoption.

(9) "Adoptive placement" means the permanent placement of a child for adoption, including any action resulting in a final adoption decree.

(10) "After-hours" are the times other than the normal business day, Monday through Friday, pursuant to policies as set forth by the . public children services agency (PCSA) "After-hours" also includes weekends and holidays.

(11) "Agency" means a PCSA, private child placing agency (PCPA) or private non-custodial agency (PNA) certified by ODJFS.

(12) "Agreement for temporary custody" means a voluntary agreement authorized by section 5103.15 of the Revised Code and transferring the temporary custody of a child to a PCSA or a PCPA.

(13) "Agreement for temporary custody of child" for the purposes of accepting temporary custody of a Native American (Indian) child shall mean when implementing rules contained in Chapter 5101:2-53 of the Administrative Code any action in which the parent or Indian custodian voluntarily transfers custody of an Indian child to an agency for temporary placement in a foster home or children's residential center or the home of a guardian, where parental rights such as the privileges of reasonable visitation, consent to adoption, the privilege to determine the child's religious or Indian affiliation, and the responsibility for support cannot be terminated. The parent or Indian custodian may revoke an agreement for temporary custody of the child at any time and the child must be returned.

(14) "Allegation" means a described set of circumstances which asserts the occurrence of child abuse, neglect, or dependency.

(15) "Alleged child victim" means a child suspected of being or at risk of becoming abused and/or neglected.

(16) "Alleged perpetrator" is the individual suspected of being responsible for the abuse or neglect of a child.

(17) "Anonymous reporter" is an unidentified person making a report of alleged child abuse or neglect.

(18) "Applicant" as used in Chapters 5101:2-5 to 5101:2-9 of the Administrative Code means a person who has filed an application form with ODJFS to operate an agency regulated by Chapter 5101:2-5 of the Administrative Code or a person who has completed a JFS 01691 "Application for Child Placement" (rev. 12/2014) to become a foster caregiver and submitted the application to an agency pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code. An applicant does not include a person currently certified as a foster caregiver and who is applying to become a specialized foster caregiver with the same agency with which the person is currently affiliated as a certified foster caregiver.

(19) "Approved adoptive home" is a home in which the family has been studied, evaluated and approved by the PCSA, PCPA or PNA for the adoptive placement of a child.

(20) "Assessment" means comprehensive family assessment and/or risk assessment as defined by this rule.

(21) "Assessor" for the purposes of foster care or adoption means an individual who meets the requirements outlined in section 3107.014 of the Revised Code .

(22) "Assessment/investigation" means a fact-finding process which includes interviews, observations, and other forms of information gathering. Information collected during the assessment/investigation provides data upon which to make a disposition regarding a report of alleged child abuse or neglect.

(23) "Assessment of risk" or "re-assessment of risk" means the ongoing process of classifying a family based upon the family's characteristics and how likely the family is to maltreat or re-maltreat a child(ren).

(24) "Assessment of safety" or "re-assessment of safety" means the ongoing process of evaluating safety threats, protective capacities, and child vulnerability to determine the appropriate safety response.

(25) "At risk of institutionalization" as used in the definition of a "medically fragile foster home" means that unless the child's medical condition, and/or functional abilities and/or environment are maintained or improved, the child would require placement in a hospital, skilled nursing facility or intermediate care facility for the mentally retarded, in order to maintain their health and safety.

(26) "Attorney" is a person who has been admitted to the bar by order of the Ohio supreme court.

(27) "Authorization of release form" is the form prescribed by the department of health under division (A)(2) of section 3107.50 of the Revised Code to be used by the birth parent.

(28) "Birth parent" is a biological parent of an adopted person.

(29) "Birth sibling" is a biological sibling of an adopted person.

(30) "Board of directors" or "board of trustees" or "governing body" or "governing board" means the body of persons empowered by an organization's articles of incorporation, constitution, regulations, or statute to operate an agency and may or may not have proprietary interest in the agency.

(31) "Branch office" means a location of an agency having an address separate from the main or primary location of the agency where any or all of the certified functions of the agency may be conducted.

(32) "Business Day" is any day Monday through Friday excluding the ten federal holidays.

(33) "Calendar day" is any day in the month including weekends and holidays.

(34) "Calendar year" means January first through December thirty-first.

(35) "Caregiver" is a person providing the direct day-to-day care of a child during his placement in substitute care.

(36) "Caretaker" is a person with whom the child resides or the person responsible for the child's daily care. This includes, but is not limited to, the parent, guardian, custodian or out-of-home care setting employee.

(37) "Case" means the composition of individuals grouped together for the purpose of providing and/or supervising, and recording PCSA services. The group of individuals are associated to one case reference name and one case number.

(38) "Case decision" means the PCSA's determination of whether the case should be closed or continued for ongoing PCSA services.

(39) "Case disposition" means the determination of whether or not abuse or neglect has occurred or is occurring and reflects the highest report disposition in the following ranking order from highest to lowest:

(a) Substantiated.

(b) Indicated.

(c) Unsubstantiated.

(d) Family moved - unable to complete assessment/investigation.

(e) Family moved out of county - refer to appropriate PCSA.

(f) Unable to locate.

(40) "Case evaluation" means the analysis of social, environmental and interactional information gathered during the assessment/investigation of child abuse or neglect for the purpose of making a report disposition/resolution, and developing a case plan, when necessary.

(41) "Case management services" are activities performed by the PCSA, PCPA, PNA, or Title IV-E agency for the purpose of providing, recording and supervising services to a child and his parent, guardian, custodian, caretaker or substitute caregiver.

(42) "Case members" means the persons associated to a case for the purpose of provision of child protective services.

(43) "Case plan" means a written document developed by the PCSA, PCPA or Title IV-E agency and the family which identifies strengths of the family, concerns to be resolved and supportive services to be provided which will result in ensuring permanence for the child.

(44) "Case record" means the permanent documentation of the assessment/investigation and the provision of social services to families and children maintained as hard copy files, electronic files, or as a combination of both.

(45) "Casework services" are those services performed or arranged by the PCSA, PCPA or Title IV-E agency to manage the progress, provide supervision and protection of the child and his parent, guardian or custodian.

(46) "Caseworker" means a PCSA, PCPA or PNA staff person who is responsible for provision of protective services or supportive services to the child and his parent, guardian, custodian or substitute caregiver.

(47) "Central registry report" is the report of an incident of alleged child abuse or neglect submitted by the PCSA to ODJFS to determine whether prior reports have been made in other counties concerning the child or other principals of the case.

(48) "Certificate" means a document prescribed by ODJFS issued pursuant to Chapter 5103. of the Revised Code authorizing an agency to perform specific functions or authorizing a foster caregiver to care for children.

(49) "Certified foster home" means a foster home operated by persons holding a certificate in force, issued under section 5103.03 of the Revised Code.

(50) "Certified organization" pursuant to section 5153.01 of the Revised Code means any organization holding a certificate that is in full force and effect, issued under section 5103.03 of the Revised Code.

(51) "Chemical dependency", pursuant to section 2151.3514 of the Revised Code, means either of the following:

(a) The chronic and habitual use of alcoholic beverages to the extent that the user can no longer control the use of alcohol or endangers the user's health, safety, or welfare or that of others.

(b) The use of a drug of abuse, as defined in section 3719.011 of the Revised

Code, to the extent that the user becomes physically or psychologically dependent on the drug or endangers the user's health, safety, or welfare or that of others.

(52) "Chemical restraint" means any substance given to a child to subdue or restrict movement or behavior as punishment or for staff convenience. Chemical restraint is prohibited by ODJFS.

(53) "Child" means any person under eighteen years of age or a mentally or physically handicapped person under twenty-one years of age.

(54) "Child abuse and neglect memorandum of understanding" is a memorandum of understanding which establishes the normal operating procedures and responsibilities to be exercised by each participant regarding alleged child abuse and neglect.

(55) "Child abuse and neglect multidisciplinary teams" are groups organized to provide prevention, identification, diagnosis, treatment and/or consultation on child abuse and neglect.

(56) "Child care staff" means any employee, volunteer or college intern whose duties involve the direct face-to-face care of children as specified on the individual's job description.

(57) "Child care center" and "center" means any place child care is provided for thirteen or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child care is provided for seven to twelve children at one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and are on the premises of the center shall be counted.

(58) "Child in treatment foster care" means a child having one or more special or exceptional needs as described in rule 5101:2-47-18 of the Administrative Code that substantially interfere with or limit the child's functioning in family, school, or community activities.

(59) "Child protection and permanency program" means the administration of a wide range of services identified through the risk assessment process. The program can include the provision of protective services, in-home supportive services, out-of-home care services and adoption services coordinated and delivered on behalf of a child who has come to the attention of the PCSA.

(60) "Child service plan" or "service plan" means a goal-oriented, time-limited, individualized program of action for a child and the family, specific to the child's placement in a particular facility and separate from the case plan as required by Chapters 5101:2-5 and 5101:2-39 of the Administrative Code, developed by the placement facility in cooperation with the custody holding agency or individual.

(61) "Child stealing" is the illegal removal of a child from the parent, guardian or custodian who has legal custody.

(62) "Child subject of the report" refers to the child identified as the subject requiring an assessment or services in the following types of reports:

(a) Dependency.

(b) Alternative response.

(c) Family in need of services report.

(63) "Children services agency" (CSA) is any agency or organization in another state which has assumed the administration of the child welfare function prescribed in its respective state statute.

(64) "Children's protective services" (CPS) is a term used to describe a wide range of social services coordinated and delivered on behalf of a child who is at risk, or is being or has been abused or neglected.

(65) "Children's residential center" (CRC) means a facility in which eleven or more children, including the children of any staff residing at the facility, are given non-secure care and supervision twenty-four hours a day.

(66) "Child vulnerability" means the degree to which a child can avoid or modify the impact of safety threats or risk concerns.

(67) "Collateral source" means a person who provides or documents information concerning child abuse, neglect, or dependency but is not a principal to the case or witness.

(68) "Community education service" is a range of public information activities designed to increase the public's awareness of child abuse or neglect and to promote appropriate utilization of services.

(69) "Compact state" means a state, U.S. commonwealth, possession or trust territory which is a signatory to the interstate compact on the placement of children.

(70) "Comparable requirement" means a nationally recognized accreditation organization's standard that equals or exceeds Ohio Administrative Code (OAC) requirements.

(71) "Comprehensive Assessment and Planning Model - Interim Solution" means a strength based and family centered model used to support and document critical child protection decisions regarding child safety, risk of child maltreatment, family functioning, and a family's ability to resolve concerns.

(72) "Comprehensive family assessment" is an ongoing exchange of information between worker, family and collaterals to determine the strengths of the family and the degree of risk and intervention necessary to keep a child safe. It organizes and categorizes information focusing on the management of future risk or maltreatment and is constantly being revised during the life of the case.

(73) "Control" means the focus of the safety plan, in response to any child in immediate danger of serious harm, which serves to manage immediate safety threats and supplement protective capacities.

(74) "Co-parents" means adult individuals, related or unrelated, living together in the same household and sharing parenting responsibilities.

(75) "Corrective action" is action taken to correct or remediate situations which were identified as being the cause of a child abuse or neglect incident.

(76) "Counseling" includes both of the following:

(a) General counseling services performed by a PCSA or shelter for victims of domestic violence to assist a child, a child's parents, and a child's sibling in alleviating identified problems that may cause or have caused the child to be an abused, neglected, or dependent child.

(b) Psychiatric or psychological therapeutic counseling services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or person licensed under Chapter 4754. of the Revised Code to engage in social work or professional counseling.

(77) "Court-appointed special advocate" means a volunteer guardian ad litem appointed by the court who is responsible for: researching the background of assigned child abuse, neglect and dependency cases; representing the child's best interests; speaking for the child in all hearings, reviews and other relevant case activities; monitoring the child during the life of the case; and advocating for a safe and permanent home for the child.

(78) "Court order of priority placement" means a court order prepared by an Ohio judge or a judge in another state, which designates that a specific child's interstate placement shall be made on a priority basis in order to meet the special needs of the child and to expedite the procedures between agencies and states involved in the child's placement across state lines.

(79) "Courtesy supervision" means a type of family in need of services report in which a request is made by a PCSA or CSA to another PCSA or CSA for assistance in providing protective services to a family who is residing in the jurisdiction of the second PCSA/CSA.

(80) "Credible information" means information worthy of belief.

(81) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation (BCII) pursuant to section 109.572 of the Revised Code.

(82) "Crisis services" are services provided to families in crisis situations for the purpose of providing an immediate or temporary solution to the presenting problem.

(83) "Custodian" means a person having legal custody of a child or a PCSA, PCPA, or Title IV-E agency that has permanent, temporary, or legal custody of a child.

(84) "Cultural competency" means the understanding of culture as a system of values, beliefs, attitudes, traditions, and standards of behavior governing the organization of people into social groups and regulate both group and individual behaviors.

(85) "Danger" means the likelihood of serious harm to a child precipitated by one or more currently active safety threats and arising from insufficient protective capacities.

(86) "Day camp" is a nonfacility-based program in the outdoors providing children with creative, recreational, and educational experiences in group living in a single-site natural environmental area.

(87) "Day treatment services" are services provided for a portion of the day for a child, living at home or in substitute care, who is at risk, or is being or has been abused or neglected, and who manifests emotional, psychological, behavioral, or social problems which cannot be resolved in nonspecialized educational or developmental settings, or in specialized settings such as learning behavioral disabilities classes.

(88) "Delinquent child" pursuant to section 2152.02 of the Revised Code includes any child who does any of the following:

(a) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;

(b) Any child who violates any lawful order of the court made under this chapter or under Chapter 2151. of the Revised Code other than an order issued under section 2151.87 of the Revised Code;

(c) Any child who violates division (C) of section 2907.39, division (A) of section 2923.211, or division (C)(1) or (D) of section 2925.55 of the Revised Code;

(d) Any child who is a habitual truant and who previously has been adjudicated an unruly child for being a habitual truant;

(e) Any child who is a chronic truant.

(89) "Denial or authorization to release form" is either of the following:

(a) The section of the JFS 01693, "Ohio Law and Adoption Materials" (rev. 5/2009) prescribed under division (A)(1)(b) of section 3107.083 of the Revised Code where the birth parent checked the "no" space provided in that section.

(b) The form prescribed under division (A)(1) of section 3107.50 of the Revised Code.

(90) "Deserted child" means a child whose parent has voluntarily delivered the child to an emergency medical service worker, peace officer, or hospital employee without expressing an intent to return for the child and who, pursuant to sections 2151.3516 and 2151.3517 of the Revised Code, is thirty days old or younger and has no apparent signs of abuse or neglect.

(91) "Developmental disability" is as defined in section 5123.01 of the Revised Code.

(92) "Diagnostic services" are medical, psychiatric, or psychological services performed by a licensed physician, psychiatrist, psychologist, and persons licensed under Chapter 4757. of the Revised Code for the purpose of evaluating an individual's current physical, emotional, or mental condition.

(93) "Direct placement" means the placement of a child by the parent, guardian or legal custodian of the child, including by court order, with the participation and agreement of an agency, into an out-of-home care setting operated or supervised by the agency, with the parent, guardian or legal custodian retaining legal custody of the child.

(94) "Disabled infant" is a child less than one year of age who has a physical or mental handicap which substantially limits or may limit in the future one or more major life activities such as self-care, receptive and expressive language, learning, and mobility.

(95) "Dispositional hearing," pursuant to sections 2151.35 to 2151.355 and 2151.414 of the Revised Code, means a hearing held by the juvenile court to determine what action shall be taken concerning a child who is within the jurisdiction of the court.

(96) "Disruption" is the unplanned interruption of a substitute care placement of a child which requires the transfer of the child to a subsequent substitute care placement setting before the goals of the child's case plan are achieved.

(97) "Domestic violence" pursuant to section 3113.33 of the Revised Code means attempting to cause or causing bodily injury to a family or household member, or placing a family or household member by threat of force in fear of imminent physical harm.

(98) "Duly authorized" is the established ongoing approval by a juvenile court, granting the PCSA permission to remove a child who is at imminent risk when time does not permit obtaining a court order or assistance from law enforcement.

(99) "Educational/vocational assistance" means counseling and other similar assistance related to educational and vocational training, preparation for a general equivalency diploma (GED) or for higher education, job readiness, job search assistance, and placement program.

(100) "Effective denial of release form" is a denial of release form that has not been rescinded by an authorization of release form pursuant to division (B) of section 3107.46 of the Revised Code.

(101) "Emergency" means a situation where there is reason to believe that a child is threatened or alleged to be abused, neglected, or dependent to an extent that the child is in immediate danger of serious harm.

(102) "Emergency caretaker services" are those services provided by a person placed within a child's own home to act as a temporary caretaker when the child's own caretaker is unable or unwilling to fulfill the responsibility.

(103) "Emergency medical service worker" means a first responder, emergency medical technician-basic, emergency medical technician-intermediate, or paramedic.

(104) "Emergency shelter" is the short-term crisis placement of any child who is threatened or alleged to be abused, neglected, or dependent to an extent that there is imminent risk to the child's life, physical or mental health, or safety.

(105) "Emergency shelter care facility" is a group home for children, a children's residential center (CRC), or a portion of a CRC, which is certified to provide temporary emergency nonsecure care for children.

(106) "Employment and training services" are services designed to assist individuals in obtaining paid employment. Such services may include, but not be limited to, the use of social, psychological, and vocational diagnostic assessment, training, and placement.

(107) "Environmental management services" are services offered to the child and his family or caretaker to improve physical living conditions and provide emergency funds. Such services may be provided, arranged, or ensured and may include, but not be limited to, housing repair, housing location, exterminating rodents or insects, lead abatement or making available financial assistance for outstanding utility bills.

(108) "Exigent circumstances" means an emergency resulting from the conduct, conditions, or surroundings of the children that would endanger their health, welfare, or safety and demands immediate action by the PCSA.

(109) "Ex parte emergency order" is an order issued by a juvenile judge or a designated referee pursuant to section 2151.31 of the Revised Code initiated and obtained by one party where other parties have not had advance notice and the opportunity to be heard prior to the issuance of the order authorizing the taking of a child into custody.

(110) "Family" means a group of people related by blood or circumstances who may rely upon one another for sustenance, support, security, and or socialization.

(111) "Family foster home" means a foster home that is not a specialized foster home.

(112) "Family in need of services" means an intake category in which a request has been made for a PCSA to provide or Ohio department of job and family services (ODJFS) to facilitate one or more of the following types of services to a family:

(a) Adoption subsidy only.

(b) Child fatalities that are not a result of abuse or neglect.

(c) Courtesy supervision.

(d) Deserted child.

(e) Emancipated youth.

(f) Home evaluations/visitation assessments.

(g) Interstate compact on adoption and medical assistance (ICAMA).

(h) Interstate compact on the placement of children (ICPC).

(i) Permanent surrender.

(j) Post-finalization services.

(k) Postnatal placement services to infants of incarcerated mothers.

(l) Preventive services.

(m) Required non-lead PCSA interviews.

(n) Stranger danger investigations.

(o) Unruly or delinquent youth.

(113) "Family moved - unable to complete assessment/investigation" means the report disposition when a PCSA cannot confirm or deny child abuse or neglect allegations based upon a full assessment/investigation because the family moved after the PCSA made contact with the family but the family's current whereabouts are unknown or the family now lives out of state and a referral was made to the child services agency where the family currently resides.

(114) "Family preservation services" means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including:

(a) Service programs designed to help children: return to their families from which they have been removed, if determined to be safe and appropriate; or be placed for adoption, or with a guardian; or if adoption or guardianship is determined not to be safe and appropriate for a child, in some other planned permanent living arrangement.

(b) Preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of substitute care placement remain safely with their families.

(c) Service programs designed to provide follow-up care to families to whom a child has been returned after a substitute care placement.

(d) Respite care of children to provide temporary relief for parents and other caregivers (including foster caregivers).

(e) Services designed to improve parenting skills (by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition.

(115) "Family support services" means community-based services to promote the safety and well-being of children and families, which are designed to increase the strength and stability of families (including adoptive, foster, and extended families), to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable and supportive family environment, and otherwise to enhance child development.

(116) "Federal fiscal year" means the period of time between October first of one year and September thirtieth of the following year.

(117) "Final decree of adoption" includes an interlocutory order of adoption that has become final.

(118) "Final report" as used in rule 5101:2-33-02 of the Administrative Code means the official written findings of the structured quality assurance review of the county child protection system.

(119) "Foster care for medically fragile children" means foster caregiver-based treatment services for children whose intensive health care needs cannot be met in their own home. Foster care for medically fragile children focuses rehabilitative services on medically fragile children and their families with the primary location of treatment in a medically fragile foster home.

(120) "Foster caregiver" means a person holding a valid foster home certificate issued by ODJFS.

(121) "Foster care maintenance" is an individual entitlement for financial assistance for board and care of children who meet the eligibility requirements contained in Chapter 5101:2-47 of the Administrative Code, who are in the placement and care of a Title IV-E agency and are in an approved substitute care placement.

(122) "Foster child" means a child placed in a foster home who is not the natural or adopted child or other legal ward of the foster caregiver.

(123) "Foster home" means a private residence in which children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children non-secure care, supervision, or training twenty-four hours a day. "Foster home" does not include care provided for a child in the home of a person other than the child's parent, guardian, or legal custodian while the parent, guardian, or legal custodian is temporarily away. Family foster homes, pre-adoptive infant foster homes and specialized foster homes are types of foster homes.

(124) "Group home" is a public or private facility which provides placement services for children and is licensed, regulated, approved, operated under the direction of, or otherwise certified as a group home by ODJFS, the Ohio department of education, a local board of education, the Ohio department of youth services, the Ohio department of mental health, a county board of mental health, the Ohio department of developmental disabilities, a county board of developmental disabilities, or a political subdivision.

(125) "Group home for children" referred to in Chapter 5101:2-5 of the Administrative Code as "group home" means any facility, public or private, which meets all of the following criteria:

(a) Gives a maximum of ten children, including the children of the operator or any staff who reside in the facility, nonsecure care and supervision twenty-four hours a day for hire, gain, or reward by a person or persons who are unrelated to such children by blood or marriage, or who is not the appointed guardian of such children. Any individual who provides care for children from only a single-family group, placed there by their parents or other relative having custody, shall not be considered as being a group home for children.

(b) Is not certified as a foster home.

(c) Receives or cares for children for two or more consecutive weeks.

(126) "Guardian" means a person, association, or corporation that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code to exercise parental rights over a child to the extent provided in the court's order and subject to the residual parental rights of the child's parents.

(127) "Guardian ad litem" is a guardian appointed by the juvenile court to represent and protect the best interest of an alleged or adjudicated abused, neglected, or dependent child.

(128) "Habilitation" is the process by which the staff of a mental retardation institution assists a resident to acquire and maintain those life skills which enable him to cope more effectively with the demands of his own person and of his environment and to the level of his physical, mental, social, and vocational efficiency. Habilitation includes, but is not limited to, programs of formal structured education and training.

(129) "Handicapped person" is an individual who is mentally and/or physically handicapped.

(130) "Harm" (for the purpose of utilizing the "Comprehensive Assessment and Planning Model - Interim Solution") means the consequence of maltreatment and refers to the nature of the injury or trauma affecting the child.

(131) "Health care facility" is any public or private hospital or institution offering maternity services, or services to premature disabled infants, or services to disabled newborns.

(132) "Health care facility designee" is the person named by the health care facility to act as the contact with the PCSA in all cases when there is an allegation that a disabled infant with life-threatening conditions is a neglected child as defined in division (A) of section 2151.03 of the Revised Code due to the withholding of appropriate nutrition, hydration, medication, or medically indicated treatment.

(133) "Health care facility review committee" is an infant care review committee, an institutional bioethics committee, or another entity established to deal with medical, legal, and ethical dilemmas arising in the care of patients within a health care facility.

(134) "Health care professional" means any physician as defined in this rule or a registered or licensed practical nurse who holds a valid license issued under Chapter 4723. of the Revised Code.

(135) "Help me grow early intervention services" are services provided to a child under age three which can include developmental evaluations and assessments, speech and hearing services, family training and counseling, home visits, occupational or physical therapy, social and psychological services and service coordination.

(136) "Hire, gain, or reward" means any form of compensation made available to the person providing care and supervision to a child.

(137) "Hold status" is an action taken by a PCSA or PCPA to exclude requests for Ohio adoption photo listing (OAPL) matches.

(138) "Home evaluation/visitation assessments" means a type of family in need of services intake. A home evaluation means the collection of information requested by a court, other PCSA, or CSA regarding a prospective caregiver and his/her ability to provide care to a child. A visitation assessment means a summary of information regarding visitations between the child(ren) and parent or other individual(s) as ordered by a court or requested by a PCSA.

(139) "Home health aide services" means the personal care and maintenance activities provided to individuals for the purpose of promoting normal standards of health and hygiene.

(140) "Homemaker services" means the professionally directed or supervised simple household maintenance or management services provided by trained homemakers or individuals to families in their own homes.

(141) "Hospital" is as defined in section 5122.01 of the Revised Code.

(142) "Hospital employee" means any of the following:

(a) A physician who has been granted privileges to practice at the hospital.

(b) A nurse, physician assistant, or nursing assistant employed by the hospital.

(c) An authorized person employed by the hospital who is acting under the direction of a physician that has been granted privileges to practice at the hospital.

(143) "Hotline/answering service" is a communication system which allows child abuse or neglect reports to be received twenty-four hours per day, seven days per week.

(144) "Household" means a private residence including the members of the family living therein and/or unrelated individuals living in the same residence and sharing common living areas.

(145) "Identifying information" as used in adoption is as defined in section 3107.01 of the Revised Code.

(146) "Independent interstate placement" is the act of placing a child, by his parents or non agency legal guardian, across state boundaries into placement for foster care or placement for adoption.

(147) "Independent living arrangement" means any living environment provided by an agency including service programs and activities to assist youth fourteen years of age and older to make the transition from substitute care to independent living. If housing is provided to a child who is sixteen or seventeen years of age as part of the services, the child shall be placed in housing that is supervised or semi-supervised by an adult.

(148) "Indian foster home" for the purpose of placing a Native American (Indian) child pursuant to rules contained in Chapter 5101:2-53 of the Administrative Code means a home licensed, approved, or specified by the Indian child's tribe, whether on or off the reservation, or an Indian foster home certified by the department of job and family services or another state agency with such authority.

(149) "Indicated" means the report disposition in which there is circumstantial or other isolated indicators of child abuse or neglect lacking confirmation; or a determination by the caseworker that the child may have been abused or neglected based upon completion of an assessment/investigation.

(150) "Infant" means any child from birth to eighteen months of age.

(151) "Information and referral services" means services which may assist any person in locating or using available and appropriate resources or both.

(152) "Information and/or referral" means an intake category in which information is provided to any person to assist in locating or using available and appropriate resources or both.

(153) "In-home safety plan" is a voluntary safety plan developed with a family in response to an active safety threat. It is designed to enable a child to remain in his or her own home. An in-home safety plan is the least restrictive type of safety plan.

(154) "In-home services" are a range of supportive services provided to children and families in their own homes.

(155) "Initial report" is a report of information supplied to the PCSA by the reporter.

(156) "Institution for children" for the purpose of placing a Native American (Indian) child pursuant to requirements contained in Chapter 5101:2-53 of the Administrative Code, means an institution approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs.

(157) "Intake" means a function of the PCSA through which referrals of: alleged child abuse, neglect, dependency and family in need of services are received, screened, and prioritized; and information and/or referral is categorized.

(158) "Intake category" means each of the following divisions for the classification of referral information:

(a) "Child Abuse/Neglect" means an abused child as defined in this rule or a neglected child as defined in this rule.

(b) "Dependency" means a dependent child as defined in this rule.

(c) Family in need of services.

(d) Information and/or referral.

(159) "Interlocutory order of adoption" is an order of the court issued pursuant to section 3107.14 of the Revised Code which automatically becomes a final decree of adoption upon the date specified in the order.

(160) "Interstate children's protective services referral" is an out-of-state report concerning alleged, indicated, or substantiated child abuse or neglect made or accepted by a PCSA.

(161) "Interstate compact on adoption and medical assistance (ICAMA)" is an interstate compact which formalizes cooperation among party states and provides the standardized procedures for arranging for medical assistance and services for adopted special needs children and their families when there is a state adoption assistance agreement or a federal adoption assistance agreement in effect.

(162) "Interstate compact on the placement of children (ICPC)" is a uniform law enacted by states and jurisdictions of the United States, establishing orderly procedures for the interstate placement of children across state lines and assigning responsibilities for those involved in placing children.

(163) "Interstate placement" is the arrangement made by a sending agency, for the care of a child to be sent from Ohio to another state or from another state into Ohio, which care is to be provided by a foster home, home of a parent or parents, relative home, child-care institution, or adoptive home. This definition does not include any of the following types of placements:

(a) Placements into a facility caring for the mentally ill, mentally retarded or developmentally disabled; a facility that is primarily educational in nature; or a hospital or other medical facility.

(b) The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or nonagency legal guardian, and leaving the child with any such relative or nonagency legal guardian in the receiving state.

(c) Placement of a child across state lines by a court as an incident to a divorce.

(d) Placement of a child into Ohio for a period of time not exceeding thirty calendar days, if the sending agency, when the sending agency is other than a parent or non agency legal guardian, has notified the agency in the county where the child will be visiting of the following:

(i) That the child will be visiting.

(ii) The child's date of arrival.

(iii) The anticipated length of the child's visit.

(e) Placement of a child who is subject to an agreement for temporary custody.

(164) "Intra-familial assessment/investigation" means an assessment/investigation conducted by a PCSA in response to a child abuse and/or neglect report and includes an alleged perpetrator who is one or more of the following:

(a) Is a member of the alleged child victim's family.

(b) Has sanctioned or continued access to the alleged child victim.

(c) Is involved in daily or regular care for the alleged child victim, excluding a person responsible for the care of a child in an out-of-home care setting.

(165) "Intrastate children's protective services referral" is a report concerning alleged, indicated, or substantiated child abuse and neglect made by one Ohio PCSA to another Ohio PCSA for the purpose of requesting the provision of protective services.

(166) "Investigation" is a fact-finding process which includes interviews, observations, and other forms of information gathering. Information collected during the investigation provides data upon which to make a case resolution/disposition regarding a report of alleged child abuse or neglect.

(167) "Items of identification" include a motor vehicle driver's or commercial driver's license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code, a marriage application, a social security card, a credit card, a military identification card, or an employee identification card.

(168) "Kin" means the following:

(a) Individuals related by blood or adoption:

(i) Parents, grandparents, including grandparents with the prefix "great," "great-great," "grand," or "great-grand."

(ii) Siblings.

(iii) Aunts, uncles, nephews, and nieces, including such relative with the prefix "great," "great-great," or "great-grand."

(iv) Cousins and first cousins once removed.

(b) Stepparents and stepsiblings.

(c) Spouses and former spouses of individuals named in paragraph (B)(168)(a) of this rule.

(d) Any non-relative adult the current custodial caretaker or child identifies as having a familiar and long-standing relationship/bond with the child and/or the family which will ensure the child's social ties.

(169) "Legal custody" means a legal status vesting in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.

(170) "Licensing authority" is the governmental body responsible for carrying out a department's licensing and regulatory functions, including monitoring compliance with applicable state laws and departmental rules by agencies, individuals, organizations, facilities, or other service providers licensed or certified by that body.

(171) "Lifebook" is a record of the child's life which helps identify events in the child's past, including what happened while in agency care. The record shall include a chronological listing of such events and relationships in the child's life. Photographs may be used to depict events in the life book.

(172) "Life skills assessment" is an evaluation of the strengths and needs regarding the life and personal skill development of a child in order to determine his current level of independence and the services required to help the child become a self-sufficient adult.

(173) "Life skills services" are a series of developmentally appropriate services or activities that provide an opportunity for a child to gain the skills needed to live a self-sufficient adult life pursuant to rule 5101:2-42-19 of the Administrative Code.

(174) "Life-threatening condition" is any condition in which a disabled infant would die unless medical or corrective surgical treatment is provided.

(175) "Linkage and practice" means coordination with other components of the independent living program.

(176) "Living unit" means one of the following:

(a) A group home.

(b) Individual houses or cottages, with a capacity of no more than twenty children, each of which contain bedrooms, bathrooms, living room or lounge, and may contain a kitchen or designated eating area.

(c) A floor or specific parts of a floor with a capacity of no more than twenty children and which contains bedrooms, bathrooms, living room or lounge, other activity space as required by rule 5101:2-9-26 of the Administrative Code, and may contain a kitchen or designated eating area.

(177) "Managed care" refers to contracted service providers that have full responsibility for case planning and case management. It does not include contracted service providers that provide services while the public children services agency maintains decision making and case management responsibilities for the case or the child.

(178) "Management information system" is the electronic method of arranging client, case and service data for storage and retrieval.

(179) "Mechanical restraint" means any device used to prevent or restrict movement as punishment or for staff convenience. Mechanical restraint is prohibited by ODJFS.

(180) "Medical consultant" is a licensed, board-certified, and practicing pediatrician, or neonatologist.

(181) "Medical diagnosis" is the evaluation of a child examined by a licensed physician to determine if abuse or neglect is medically indicated.

(182) "Medically fragile child" means a person from birth through twenty-one years of age who has intensive health care needs that can be met in a medically fragile foster home.

(183) "Medically fragile foster caregiver" means a person who has been specifically trained and certified pursuant to rules 5101:2-5-20 to 5101:2-5-37 and 5101:2-7-02 to 5101:2-7-17 of the Administrative Code to provide foster care and other services for medically fragile children placed in the caregiver's medically fragile foster home.

(184) "Medically fragile foster home" means a foster home providing specialized medical services designed to meet the needs of children with intensive health care needs who meet all of the following criteria:

(a) The children require a skilled level of care under rules adopted by the department of job and family services governing payment under Chapter 5111. of the Revised Code for long-term care services as defined in rule 5101:2-3-15 of the Administrative Code.

(b) The children require the services of a doctor of medicine or osteopathic medicine at least once a week due to the instability of their medical conditions.

(c) The children require the services of a registered nurse on a daily basis.

(d) The children are at risk of institutionalization in a hospital, skilled nursing facility, or intermediate care facility for the mentally retarded.

(185) "Mental illness" is as defined in section 5122.01 of the Revised Code.

(186) "Mental injury" means any behavioral, cognitive, emotional, or mental disorder in a child caused by an act or omission that is described in section 2919.22 of the Revised Code and is committed by the parent or other person responsible for the child's care.

(187) "Mental retardation" is the condition of significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period.

(188) "Mental retardation institution" is a tax-supported facility under the jurisdiction of the department of developmental disabilities, a county developmental disabilities program, or any other facility in which a mentally retarded person may be placed by a court pursuant to section 5123.76 of the Revised Code.

(189) "Mentally ill person subject to hospitalization by court order" is as defined in section 5122.01 of the Revised Code.

(190) "Mentally retarded person" pursuant to section 5123.01 of the Revised Code means a person having significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period.

(191) "Mentor" is an individual who is specifically trained and assigned to a child or family to assist the child or family deal with or learn to deal with day-to-day living situations.

(192) "Neglected child" pursuant to Chapter 2151. of the Revised Code includes any child:

(a) Who is abandoned by the child's parents, guardian, or custodian.

(b) Who lacks adequate parental care because of the faults or habits of the child's parents, guardian, or custodian.

(c) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child's health, morals, or well being.

(d) Whose parents, guardian, or custodian neglects the child or refuses to provide the special care made necessary by the child's mental condition.

(e) Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of sections 5103.16 and 5103.17 of the Revised Code.

(f) Who, because of the omission of the child's parents, guardian, or custodian, suffers physical or mental injury harming or threatening to harm the child's health or welfare.

(g) Who is subject to out-of-home care child neglect.

(h) Nothing in Chapter 2151. of the Revised Code shall be construed as subjecting a parent, guardian, or custodian of a child to criminal liability when soley in the practice of religious beliefs, the parent, guardian, or custodian fails to provide adequate medical or surgical care or treatment for the child.

(193) "Nonidentifying information" as used in adoption is as defined in section 3107.60 of the Revised Code.

(194) "Nonrelative" for the purposes of selecting a substitute care setting for the placement of a child means an individual identified by the current custodial caretaker or child as having a familiar and longstanding relationship with the child or the family.

(195) "Nonsecure care, supervision, training" means care, supervision, or training of a child in a facility that does not confine or prevent movement of the child within the facility or from the facility.

(196) "Ohio adoption photo listing (OAPL)" is a recruitment tool featuring a listing and description of Ohio's children available for adoption and approved adoptive families.

(197) "OAPL matches" is a listing of information describing the characteristics of children available for adoption and links them with characteristics and preferences of approved adoptive families.

(198) "Organization" is as defined in section 2151.011 of the Revised Code.

(199) "Out-of-home care" is as defined in section 2151.011 of the Revised Code.

(200) "Out-of-home care child abuse" pursuant to section 2151.011 of the Revised Code, means any of the following when committed by a person responsible for the care of a child in out-of-home care:

(a) Engaging in sexual activity with a child in the person's care.

(b) Denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary for a child's health.

(c) Use of restraint procedures on a child that cause injury or pain.

(d) Administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician.

(e) Commission of any act, other than by accidental means, that results in any injury to or death of the child in out-of-home care or commission of any act by accidental means that results in an injury to or death of a child in out-of-home care and that is at variance with the history given of the injury or death.

(201) "Out-of-home care child neglect," pursuant to section 2151.011 of the Revised Code, means any of the following when committed by a person responsible for the care of a child in out-of-home care:

(a) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child.

(b) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child, that results in sexual or physical abuse of the child by any person.

(c) Failure to develop a process for all of the following:

(i) Administration of prescription drugs or psychotropic drugs for the child.

(ii) Assuring that the instructions of the licensed physician who prescribed a drug for the child are followed.

(iii) Reporting to the licensed physician who prescribed the drug all unfavorable or dangerous side effects from the use of the drug.

(d) Failure to provide proper or necessary subsistence, education, medical care, or other individualized care necessary for the health or well-being of the child.

(e) Confinement of the child to a locked room without monitoring by staff.

(f) Failure to provide ongoing security for all prescription and nonprescription medication.

(g) Isolation of a child for a period of time when there is substantial risk that the isolation, if continued, will impair or retard the mental health or physical well-being of the child.

(202) "Out-of-home care setting" is a detention facility, shelter facility, foster home, pre-finalized adoptive placement, certified foster home, approved foster care, organization, certified organization, child care center, type A family day-care home, type B family day-care home, group home, institution, state institution, residential facility, residential care facility, residential camp, day camp, hospital, medical clinic, children's residential center, public or nonpublic school, or respite home that is responsible for the care, physical custody, or control of a child.

(203) "Out-of-home safety plan" is a voluntary safety plan developed with a family in response to an active safety threat. It is designed to enable a child to remain in the legal custody of his parent, guardian, or custodian while residing with a relative or kin outside of his or her own home.

(204) "Outreach" means establishment of a system of outreach which would encourage children and families to participate in services; and develop community organizational efforts and ongoing support networks for children and families.

(205) "Parent aide services" are those supportive services provided by a person assigned to families as a role model, and to provide family support for a portion of the twenty-four hour day.

(206) "Parent education" is a teaching process to assist a parent, guardian, or custodian in developing the basic skills necessary to provide adequate care and support to a child in his own home.

(207) "Parental rights" is the authority of a child's parents to make all decisions regarding the child's care and control including, but not limited to, the determination of where and with whom the child shall live and the right to protect, train, and discipline the child and provide the child with food, shelter, education, and medical care.

(208) "Peace officer" means a sheriff, deputy sheriff, constable, police officer of a township or joint township police district, marshal, deputy marshal, municipal police officer, or a state highway patrol trooper.

(209) "Permanent alternative placement" is a planned placement for a child, when it has been determined he cannot return to the child's own home, including adoption, custody to kin, independent living, or planned permanent living arrangement.

(210) "Permanency plan" shall have the same meaning as the case plan.

(211) "Permanent commitment" is an order of a juvenile court exercising jurisdiction, pursuant to section 2151.353, 2151.354, or 2151.414 of the Revised Code, which grants permanent custody of a child to a PCSA or PCPA.

(212) "Permanent court commitment" as used in Indian child welfare rules contained in Chapter 5101:2-53 of the Administrative Code means any court action resulting in the termination of the residual rights when it has been proven that reunification of the family will not serve the Indian child's best interests.

(213) "Permanent custody" is as defined in section 2151.011 of the Revised Code.

(214) "Permanent surrender" is as defined in section 2151.011 of the Revised Code.

(215) "Permanent surrender action" as used in Indian child welfare rules contained in Chapter 5101:2-53 of the Administrative Code means any voluntary permanent surrender on the part of the parent or Indian custodian resulting in the termination of the residual rights.

(216) "Person responsible for a child's care in out-of-home care" means any of the persons named below, but does not include a prospective employee of the department of youth services, or a person responsible for a child's care in a hospital or medical clinic other than a children's hospital.

(a) Any foster caregiver, in-home aide, or provider.

(b) Any administrator, employee, or agent of any of the following: a public or private detention facility; shelter facility; organization; certified organization; child care center; type A family child care home; certified type B family child care home; group home; institution; state institution; residential facility; residential care facility; residential camp; day camp; hospital; or medical clinic.

(c) Any other person performing a similar function with respect to, or has a similar relationship to, children.

(217) "Physical restraint" means a therapeutic holding technique(s) with the intent to minimize or prevent harm when the child has lost control of his or her actions in such a way as to threaten harm to self or others. Physical restraint shall not be used as a planned intervention until after other less restrictive procedures or measures have been explored and found to be inappropriate. At no time shall physical restraint be used as punishment or for staff convenience.

(218) "Physically impaired" is as defined in section 2151.011 of the Revised Code.

(219) "Physician" means an individual licensed to practice medicine and surgery or osteopathic medicine and surgery by the state medical board or by a comparable body in another state.

(220) "Placement for adoption" is as defined in section 2151.011 of the Revised Code.

(221) "Placement in foster care" is as defined in section 2151.011 of the Revised Code.

(222) "Planned permanent living arrangement" is as defined in section 2151.011 of the Revised Code.

(223) "Post-finalization services" or "post-finalization adoption services" means services provided or arranged by the PCSA, PCPA or PNA to support, maintain and assist an adopted child, adoptive family or birth parent anytime after finalization of an adoption.

(224) "Practitioner of behavior science" means an individual licensed or credentialed by the state of Ohio having within their scope of practice the assessment and treatment of psychological, developmental and behavioral disorders of children.

(225) "Pre-adoptive infant foster home" means a foster home for the care of a child who is in the custody of a PCSA or PCPA pursuant to an agreement entered into under section 5103.15 of the Revised Code regarding a child who w