Ohio's Families and Children Rule Review Site

5101:2-37-01 PCSA requirements for completing the safety assessment.

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.

Please note: Rule 5101:2-37-01 is being proposed for amendment due to five year rule review.

(A) The public children services agency (PCSA) shall complete the JFS 01401 "Comprehensive Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006) for all of the following:

(1) Intra-familial child abuse and neglect reports, including those which are screened in as a third party investigation.

(2) Dependency reports.

(3) Stranger danger investigations.

(B) The PCSA shall complete the JFS 01401 regarding the family of the alleged child victim/child subject of the report. For the purpose of completion of the JFS 01401, family includes all of the following individuals, as applicable:

(1) Alleged child victim/child subject of the report.

(2) Siblings of the alleged child victim/child subject of the report, including step or half siblings residing in the home.

(3) Parent(s), guardian, or custodian of the alleged child victim/child subject of the report.

(4) Paramour of the custodial parent, guardian, or custodian who is residing in the home.

(5) Children of the paramour residing in the home.

(6) Other children residing in the home of whom the parent, guardian, or custodian has custody or guardianship.

(7) A related or unrelated adult residing in the home who has routine responsibility for the care of the alleged child victim/child subject of the report and siblings.

(C) The PCSA shall document the assessment of safety threats, past history, child vulnerability, and family protective capacities on the JFS 01401 to determine the safety response.

(D) The PCSA shall, at a minimum, conduct a face-to-face interview with each alleged child victim/child subject of the report and at least one parent, guardian, or custodian or a caretaker having routine responsibility for the care of the alleged child victim/child subject of the report within the first four working days from the date the report was screened in as a child abuse, neglect, or dependency report to assess the safety of the child and complete the JFS 01401.

(E) If an order of shared parenting has been issued and there has not been a residential parent designated by the court, the PCSA shall complete the JFS 01401 with each alleged child victim/child subject of the report and at least the parent or caretaker having routine responsibility in the home of the parent who has physical care of the alleged child victim/child subject of the report at the time the incident occurred within the first four working days from the date the report was screened in as a child abuse, neglect, or dependency report to assess the safety of the child and complete the JFS 01401.

(F) The PCSA shall record the JFS 01401 in the statewide automated child welfare information system (SACWIS) within seven working days from the date the report was screened in as a child abuse, neglect, or dependency report.

(G) If the PCSA has attempted to make face-to-face contact with the alleged child victim/child subject of the report and at a minimum one parent, guardian, or custodian and one or more of the parties was unavailable, the PCSA shall attempt at least one additional face-to-face contact within the first four working days from the date that the referral was screened in as a report, in order to complete the JFS 01401 pursuant to paragraph (D) of this rule.

(H) If the PCSA has attempted to make face-to-face contact pursuant to paragraphs (D) and (G) of this rule with the alleged child victim/child subject of the report and his or her parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim/child subject of the report and they are unavailable, the PCSA shall do all of the following:

(1) Create and approve a request to extend the completion time frame prior to the expiration of the fourth working day time frame from the date the report was screened in as a child abuse, neglect, or dependency report pursuant to rule 5101:2-36-11 of the Administrative Code.

(2) Continue making attempts of face-to-face contact pursuant to rule 5101:2-36-03, 5101:2-36-05, or 5101:2-36-09 of the Administrative Code, as applicable.

(3) Complete the JFS 01401 within three working days after face-to-face contact is made with each alleged child victim/child subject of the report and the parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim/child subject of the report.

(I) If additional child abuse, neglect, and/or dependency reports are screened in for assessment/investigation after acceptance of a child abuse, neglect, and/or dependency report and prior to the completion of the initial JFS 01401, the PCSA shall do one of the following:

(1) Complete one JFS 01401 concerning all reports within four working days from the date the initial report was screened in for assessment/investigation and record the JFS 01401 in SACWIS within seven working days.

(2) Complete a JFS 01401 for each report screened in for assessment/investigation within four working days from the date each report was screened in respectively and record the JFS 01401 in SACWIS within seven working days.

(J) The completion of one JFS 01401 shall be permitted if a request for an extension of the JFS 01401 has been approved and a subsequent report has been received prior to the PCSA successfully completing the required face-to-face contacts for the assessment of safety.

(K) The PCSA shall maintain a copy of the JFS 01401 in the case record.

Effective: 03/01/2014
R.C. 119.032 review dates: 11/21/2013 and 03/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.421, 5153.16
Prior Effective Dates: 3/1/06 , 10/01/09

0I Approve
3I Agree1I Disagree
(3) Complete the JFS 01401 within three working days after face-to-face con...
Lorain County
02-01-2019 (8:54am)
We believe that the assessments should be tools that add value to our work with children and families. Unfortunately, too often, the tools detract from that work and become a form that needs to be filled out by a deadline rather than a meaningful tool. We believe the Chapter 37 Rules should be revised to provide a framework that supports thoughtful, timely, and quality assessments.
Show related text
In regards to: (3) Complete the JFS 01401 within three working days after face-to-face contact is made with each alleged child victim/child subject of the report and the parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim/child subject of the report.
5I Agree0I Disagree
(A) The public children services agency (PCSA) shall complete the JFS 01401...
Richard Tvaroch
02-01-2019 (10:45am)
These pre-clearance comments regarding are being submitted by Trumbull County Children Services (TCCS). If the goal is to provide a framework that supports thoughtful, timely, and quality assessments, in addition to revising these rules, the related assessment tools and SACWIS must also be revised. These components are an interdependent and cannot be isolated from each other. Consequently, TCCS’ comments include rule specific and thematic recommendations for each of these components. While the rule specific recommendations are linked to the individual sections of each rule, the thematic recommendations can be grouped as follows: CAPMIS Evaluation: The CAPMIS Evaluation was commissioned by ODJFS and conducted by a research team from the University of Cincinnati. The goal of this evaluation is to provide guidance for the revision of the CAPMIS tool-kit. This evaluation included a detailed analysis of three of the four assessment rules (the Safety Assessment, Safety Plan, and the Family Assessment) that are currently in pre-clearance. TCCS supports the thoughtful incorporation of the CAMPIS Evaluation recommendations into the revision of these rules. Visitation: TCCS shares ODJFS and our federal partners’ concerns regarding assessment/ investigation home visits. While TCCS endorses the idea that more home visits should be made than are currently the norm, because cases are not one-size-fits-all, we do not believe mandating a specific number of visits is the answer. Rather, TCCS hopes to collaboratively work with ODJFS to develop a regulatory framework that assures that an appropriate number of visits are made on each individual case. CARA & Human Trafficking: The Safety Assessment, Safety Plan, and Family Assessment rules and tools must be revised to address the requirements of the Comprehensive Addiction and Recovery Act (CARA) of 2016; the development of Plans of Safe Care for all CARA infants; and to ensure that all individuals (children and adults) are assessed for potential human trafficking involvement, pursuant to recognized best practice standards. Discretion: It is our understanding that HHS only requires that states assure timely and quality assessments. Beyond that, states have discretion to set specific requirements and mandates such as timelines, the tools to be used, and so on. Is this correct? If it is, given Ohio’s county administered structure, these rules must be redesigned to maximize county autonomy, discretion, and decision making. If it is not, we ask that ODJFS please provide the federal law, rule, or guidance that drives these rules and the content of these assessments. SACWIS: The shortcomings of Ohio’s SACWIS system are well documented. As repeatedly noted in the CAPMIS Evaluation, and in the recommendations of the CFSR PIP Workgroup, SACWIS enhancements could substantially improve rule compliance and the quality of these assessment processes. Because workers are spending too much at their desks, and not enough time in the field, steps must also be taken to simplify, streamline, and eliminate redundant data entry requirements. While we acknowledge that these enhancements will be expensive, if the goal is to improve the quality of assessments that are being completed, it is money that must be spent. And if it is well spent, like it was with the recent changes that were made to the SACWIS Screening/ Intake functionality, ODJFS, the PCSAs, and the children and families that we collective serve, will all benefit.
Show related text
In regards to: (A) The public children services agency (PCSA) shall complete the JFS 01401 "Comprehensive Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006) for all of the following: (1) Intra-familial child abuse and neglect reports, including those which are screened in as a third party investigation. (2) Dependency reports. (3) Stranger danger investigations. (B) The PCSA shall complete the JFS 01401 regarding the family of the alleged child victim/child subject of the report. For the purpose of completion of the JFS 01401, family includes all of the following individuals, as applicable: (1) Alleged child victim/child subject of the report. (2) Siblings of the alleged child victim/child subject of the report, including step or half siblings residing in the home. (3) Parent(s), guardian, or custodian of the alleged child victim/child subject of the report. (4) Paramour of the custodial parent, guardian, or custodian who is residing in the home. (5) Children of the paramour residing in the home. (6) Other children residing in the home of whom the parent, guardian, or custodian has custody or guardianship. (7) A related or unrelated adult residing in the home who has routine responsibility for the care of the alleged child victim/child subject of the report and siblings. (C) The PCSA shall document the assessment of safety threats, past history, child vulnerability, and family protective capacities on the JFS 01401 to determine the safety response. (D) The PCSA shall, at a minimum, conduct a face-to-face interview with each alleged child victim/child subject of the report and at least one parent, guardian, or custodian or a caretaker having routine responsibility for the care of the alleged child victim/child subject of the report within the first four working days from the date the report was screened in as a child abuse, neglect, or dependency report to assess the safety of the child and complete the JFS 01401. (E) If an order of shared parenting has been issued and there has not been a residential parent designated by the court, the PCSA shall complete the JFS 01401 with each alleged child victim/child subject of the report and at least the parent or caretaker having routine responsibility in the home of the parent who has physical care of the alleged child victim/child subject of the report at the time the incident occurred within the first four working days from the date the report was screened in as a child abuse, neglect, or dependency report to assess the safety of the child and complete the JFS 01401. (F) The PCSA shall record the JFS 01401 in the statewide automated child welfare information system (SACWIS) within seven working days from the date the report was screened in as a child abuse, neglect, or dependency report. (G) If the PCSA has attempted to make face-to-face contact with the alleged child victim/child subject of the report and at a minimum one parent, guardian, or custodian and one or more of the parties was unavailable, the PCSA shall attempt at least one additional face-to-face contact within the first four working days from the date that the referral was screened in as a report, in order to complete the JFS 01401 pursuant to paragraph (D) of this rule. (H) If the PCSA has attempted to make face-to-face contact pursuant to paragraphs (D) and (G) of this rule with the alleged child victim/child subject of the report and his or her parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim/child subject of the report and they are unavailable, the PCSA shall do all of the following: (1) Create and approve a request to extend the completion time frame prior to the expiration of the fourth working day time frame from the date the report was screened in as a child abuse, neglect, or dependency report pursuant to rule 5101:2-36-11 of the Administrative Code. (2) Continue making attempts of face-to-face contact pursuant to rule 5101:2-36-03, 5101:2-36-05, or 5101:2-36-09 of the Administrative Code, as applicable. (3) Complete the JFS 01401 within three working days after face-to-face contact is made with each alleged child victim/child subject of the report and the parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim/child subject of the report. (I) If additional child abuse, neglect, and/or dependency reports are screened in for assessment/investigation after acceptance of a child abuse, neglect, and/or dependency report and prior to the completion of the initial JFS 01401, the PCSA shall do one of the following: (1) Complete one JFS 01401 concerning all reports within four working days from the date the initial report was screened in for assessment/investigation and record the JFS 01401 in SACWIS within seven working days. (2) Complete a JFS 01401 for each report screened in for assessment/investigation within four working days from the date each report was screened in respectively and record the JFS 01401 in SACWIS within seven working days. (J) The completion of one JFS 01401 shall be permitted if a request for an extension of the JFS 01401 has been approved and a subsequent report has been received prior to the PCSA successfully completing the required face-to-face contacts for the assessment of safety. (K) The PCSA shall maintain a copy of the JFS 01401 in the case record. Effective: 03/01/2014 R.C. 119.032 review dates: 11/21/2013 and 03/01/2019 Promulgated Under: 119.03 Statutory Authority: 2151.421, 5153.16 Rule Amplifies: 2151.421, 5153.16 Prior Effective Dates: 3/1/06 , 10/01/09
6I Agree0I Disagree
(C) The PCSA shall document the assessment of safety threats, past history,...
Trumbull County
02-01-2019 (10:48am)
As per the CAPMIS Evaluation, the Safety Assessment should be redesigned to more clearly differentiate among possible safety threats, indicators of adult protective capacity, and indicators of child vulnerability. This separation of different safety constructs should promote critical thinking, and as a result, the quality of these assessments should improve. The Safety Assessment should also be redesigned to better ensure that caseworkers fully assess, and address key risk factors, including, but not limited to, parental substance use/ abuse, and domestic violence.
Show related text
In regards to: (C) The PCSA shall document the assessment of safety threats, past history, child vulnerability, and family protective capacities on the JFS 01401 to determine the safety response.
5I Agree0I Disagree
(D) The PCSA shall, at a minimum, conduct a face-to-face interview with eac...
Trumbull County
02-01-2019 (10:51am)
Excellent assessments take time, but the current rules require that these processes must be completed in a compressed period. The caseload pressure that this can create may lead to workers making fewer home visits than would be desirable. Therefore, with the caveat that the frequency of the visits made must be documented and justified based on the unique characteristic of the individual case, the timeframes for the completion of the Safety Assessment process should be removed from rule and left to PCSA discretion.
Show related text
In regards to: (D) The PCSA shall, at a minimum, conduct a face-to-face interview with each alleged child victim/child subject of the report and at least one parent, guardian, or custodian or a caretaker having routine responsibility for the care of the alleged child victim/child subject of the report within the first four working days from the date the report was screened in as a child abuse, neglect, or dependency report to assess the safety of the child and complete the JFS 01401
5I Agree0I Disagree
(C) The PCSA shall document the assessment of safety threats, past history,...
Trumbull County
02-01-2019 (10:53am)
The Safety Assessment tool and process should be modified to address the requirements of the Comprehensive Addiction and Recovery Act of 2016, and the development of Plans of Safe Care for all infants impacted by parental substance use; and to to ensure that every individual (child and adult) is assessed for potential human trafficking involvement pursuant to recognized best practice standards.
Show related text
In regards to: (C) The PCSA shall document the assessment of safety threats, past history, child vulnerability, and family protective capacities on the JFS 01401 to determine the safety response.
5I Agree0I Disagree
(J) The completion of one JFS 01401 shall be permitted if a request for an ...
Trumbull County
02-01-2019 (10:55am)
The current Safety Assessment extension process is cumbersome and is nothing more than a “procedural hoop” that staff must jump through to ensure rule compliance. It should be sufficient to have staff explain and justify why the completion of the process was delayed when they are completing the tool, no matter when that is.
Show related text
In regards to: (J) The completion of one JFS 01401 shall be permitted if a request for an extension of the JFS 01401 has been approved and a subsequent report has been received prior to the PCSA successfully completing the required face-to-face contacts for the assessment of safety.
5I Agree0I Disagree
(K) The PCSA shall maintain a copy of the JFS 01401 in the case record.
Trumbull County
02-01-2019 (10:57am)
The requirement that the PCSA shall maintain a copy of the Safety Assessment in the case record is antiquated and should be removed from the rule.
Show related text
In regards to: (K) The PCSA shall maintain a copy of the JFS 01401 in the case record.
3I Agree0I Disagree
D) The PCSA shall, at a minimum, conduct a face-to-face interview with each...
Lucas County
02-01-2019 (1:04pm)
LCCS respects the need to complete timely safety assessments but is concerned with the rigidity of the statute. Every referral that is received and case that it is accepted for services presents unique challenges, but the range of PCSA response is limited. As Ohio child welfare rules are currently written, PCSAs are routinely forced to complete full CAPMIS assessments on cases that either should never have been screened in; or on ones that the needed level of intervention, if any, is immediately obvious. This limits the time they can spend on cases where assessment are more challenging and proper case decisions require more contact with the families. LCCS believes that the assessment tools should work to ensure children safety and not detract from quality casework. Therefore we urge the CAPMIS evaluation findings be incorporated into these rules.
Show related text
In regards to: D) The PCSA shall, at a minimum, conduct a face-to-face interview with each alleged child victim/child subject of the report and at least one parent, guardian, or custodian or a caretaker having routine responsibility for the care of the alleged child victim/child subject of the report within the first four working days from the date the report was screened in as a child abuse, neglect, or dependency report to assess the safety of the child and complete the JFS 01401.
1I Agree0I Disagree
(A) The public children services agency (PCSA) shall complete the JFS 01401...
Mary Wachtel
02-01-2019 (4:11pm)
My comments are intended to apply to all of the Chapter 37 assessment rules. Because of the technology and format for commenting on this website, I am including all of my comments here, rather than repeating them for each rule. Based on CFSR findings and discussions at the CFSR PIP group and other settings, we urge that the CAPMIS evaluation findings be incorporated into these rules. In addition, these findings should drive changes to the assessment tools themselves. While the CAPMIS evaluation did not include the Reunification Assessment, our comments also pertain to that tool. We believe the Chapter 37 Rules should be revised to provide a framework that supports thoughtful, timely, and quality assessments. A wholistic approach is needed as the Chapter 37 Rules work in concert with SACWIS and the assessment tools. • Please provide federal law, rule, or guidance that drives these rules and the content of the assessments. Our current understanding is that the federal government requires that states assure timely and quality assessments with parental involvement. Beyond that, states have discretion to set specific requirements and mandates such as timelines, the tools to be used, and so on. Is this understanding correct? • Several issues of great impact to children services are not addressed in Chapter 37 rules and assessments and should be included: 1) the requirements of CARA and the development of plans of safe care---should be incorporated into the Safety Assessment, Safety Plan, and Family Assessment; and 2) human trafficking --- the Safety Assessment and Family Assessment should be modified to ensure that all individuals (children and adults) are assessed for potential human trafficking involvement, pursuant to recognized best practice standards. Thank you for your consideration of these comments
Show related text
In regards to: (A) The public children services agency (PCSA) shall complete the JFS 01401 "Comprehensive Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006) for all of the following:
0I Agree0I Disagree
(C) The PCSA shall document the assessment of safety threats, past history,...
Bhumika Patel
02-01-2019 (5:06pm)
The Safety Assessment tool and process should be modified to ensure that every individual (child and adult) is assessed for potential human trafficking involvement pursuant to recognized best practice standards. Because of the hidden and misunderstood nature of human trafficking, many cases of human trafficking are not identified as such when a referral is made to children services, and indicators of human trafficking often do not present until an investigation is underway. Victims of human trafficking often do not self-identify due to factors such as complex trauma, traumatic bonding, and normalization of victimization, and additionally, victims often distrust authority figures and may not disclose due to intimidation and threats by their traffickers. Including human trafficking into the Safety Assessment tool and process will allow ODJFS to better understand the impact of human trafficking on children and families in Ohio.
Show related text
In regards to: (C) The PCSA shall document the assessment of safety threats, past history, child vulnerability, and family protective capacities on the JFS 01401 to determine the safety response.