Ohio's Families and Children Rule Review Site

5101:2-37-02 PCSA requirements for completing the safety plan.

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 not e: Rule 5101:2-37-02 is being proposed for amendment due to five year rule review

(A) The public children services agency (PCSA) shall immediately develop and implement a JFS 01409 "Comprehensive Assessment Planning Model - I.S., Safety Plan for Children" (rev. 2/2006) if the PCSA determines a child is in immediate danger of serious harm.

(B) At a minimum, the PCSA shall assess all of the following to determine the degree of intervention necessary to control safety threats and protect the child:

(1) The presence of active safety threats.

(2) The vulnerability of the child.

(3) The protective capacities of the parent, guardian, or custodian.

(C) If an infant is born and identified as affected by illegal substance use or withdrawal symptoms resulting from prenatal drug exposure, the PCSA shall develop a safety plan as needed, pursuant to paragraph (D) or (P) of this rule.

(D) If, after the assessment of safety, the safety response is to implement an in-home safety plan or an out-of-home safety plan, the PCSA shall develop a safety plan utilizing the JFS 01409.

(E) The PCSA and the parent, guardian, or custodian shall mutually:

(1) Identify the action steps to control the active safety threats.

(2) Identify each individual or community resource responsible for conducting an action step specified on the safety plan.

(3) Agree to the participation of that individual or community resource on the safety plan.

(F) To implement a safety plan utilizing the JFS 01409, the PCSA shall do one of the following:

(1) Obtain signatures on the JFS 01409 from the custodial parent, legal guardian, or legal custodian and all persons responsible for a safety plan action step indicating their willingness to participate in the safety plan.

(2) If an order of shared parenting has been issued, and there has not been a residential parent designated by the court, the PCSA shall obtain agreement and signatures on the JFS 01409 of both parents.

(3) If a custodial parent, legal guardian, or legal custodian or person responsible for an action step is not present to sign the JFS 01409, the safety plan may be implemented with a verbal authorization. The PCSA shall document the date and time the verbal authorization was received.

(G) If verbal authorization is obtained the PCSA shall complete an extension pursuant to rule 5101:2-36-11 of the Administrative Code and attempt to obtain the signature(s) on the JFS 01409 within five working days from receipt of the verbal authorization. All attempts to obtain the signature(s) and the reasons why the signature(s) cannot be obtained shall be documented in the case record. The PCSA shall implement alternative safety interventions if the signature(s) cannot be obtained.

(H) The PCSA shall waive the signature of the custodial parent, legal guardian, or legal custodian outlined in paragraph (F) of this rule who is unable or unavailable to sign the safety plan if the PCSA has obtained one signature from another custodial parent, legal guardian, or legal custodian pursuant to rule 5101:2-36-11 of the Administrative Code. The reason(s) why the signature cannot be obtained shall be documented in the case record.

(I) The PCSA shall implement alternative safety interventions if a parent, guardian, or custodian or responsible person is unwilling to sign the JFS 01409.

(J) The PCSA shall monitor safety plans to ensure the action steps are controlling the identified safety threats. The monitoring plan requires the following:

(1) To monitor an in-home safety plan, the PCSA shall conduct weekly home visits. During the home visits, the PCSA shall make face-to-face contact with each child identified on the safety plan and each parent, guardian, or custodian residing in the home.

(2) To monitor an out-of-home safety plan, the PCSA shall have weekly contact with the children or persons responsible for an action step either by telephone or face-to-face. The PCSA shall have face-to-face contact with each child, parent, guardian, or custodian involved every other week.

(K) If the PCSA determines a safety threat is no longer active or is being controlled through the family's protective capacities and the child is no longer in immediate danger of serious harm, the JFS 01409 shall be discontinued. The PCSA shall notify the parent, guardian, or custodian and each responsible party in writing within two working days of the discontinuation of the JFS 01409.

(L) If the JFS 01409 is modified, the signature of all participants on the modified JFS 01409 prior to its implementation shall serve as notification.

(M) The PCSA shall not close a case if a JFS 01409 is active .

(N) The PCSA shall maintain a copy of the JFS 01409 in the case record and record the JFS 01409 in SACWIS within three working days from the date the first signature is obtained.

(O) If after the assessment of safety the safety response is to implement a legally authorized out-of-home placement, the PCSA shall contact law enforcement and/or remove the child pursuant to rule 5101:2-39-01 of the Administrative Code. Completion of the JFS 01409 is not required for a legally authorized out-of-home placement safety response.

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: 6/1/97, 4/1/01, 3/1/06, 10/01/09

0I Approve
4I Agree0I Disagree
(A) The public children services agency (PCSA) shall immediately develop an...
Trumbull County
02-01-2019 (11:02am)
These pre-clearance comments 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 immediately develop and implement a JFS 01409 "Comprehensive Assessment Planning Model - I.S., Safety Plan for Children" (rev. 2/2006) if the PCSA determines a child is in immediate danger of serious harm.
6I Agree0I Disagree
(J) The PCSA shall monitor safety plans to ensure the action steps are cont...
Trumbull County
02-01-2019 (11:03am)
As it is not dictated by law or written federal guidance, and with the caveat that the frequency of the Safety Plan monitoring visits must be documented and justified based on the unique characteristic of the individual case, the frequency of monitoring visits should not be dictated by rule and should left to county discretion. This would allow PCSAs greater flexibility to develop Safety Plan monitoring schedules tailored to meet the unique needs of each family.
Show related text
In regards to: (J) The PCSA shall monitor safety plans to ensure the action steps are controlling the identified safety threats. The monitoring plan requires the following: (1) To monitor an in-home safety plan, the PCSA shall conduct weekly home visits. During the home visits, the PCSA shall make face-to-face contact with each child identified on the safety plan and each parent, guardian, or custodian residing in the home. (2) To monitor an out-of-home safety plan, the PCSA shall have weekly contact with the children or persons responsible for an action step either by telephone or face-to-face. The PCSA shall have face-to-face contact with each child, parent, guardian, or custodian involved every other week.
6I Agree0I Disagree
(C) If an infant is born and identified as affected by illegal substance us...
Trumbull County
02-01-2019 (11:05am)
The Safety Plan process and tool should be modified to address the requirements of the Comprehensive Addiction and Recovery Act (CARA) of 2016, and the development of Plans of Safe Care (POSC) for all CARA infants. Federal guidance clearly states that a POSC is not a Safety Plan, and vice versa. POSC is defined in Ohio Administrative Code and is what is clearly required on CARA cases, not a Safety Plan.
Show related text
In regards to: (C) If an infant is born and identified as affected by illegal substance use or withdrawal symptoms resulting from prenatal drug exposure, the PCSA shall develop a safety plan as needed, pursuant to paragraph (D) or (P) of this rule.
5I Agree0I Disagree
(M) The PCSA shall not close a case if a JFS 01409 is active .
Trumbull County
02-01-2019 (11:06am)
If a case is being closed at the Assessment/ Investigation level, SACWIS functionality should be modified to allow workers to terminate a Safety Plan and complete the Family Assessment in a single integrated process.
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In regards to: (M) The PCSA shall not close a case if a JFS 01409 is active .
0I Agree0I Disagree
(C) If an infant is born and identified as affected by illegal substance us...
Lucas County
02-01-2019 (1:15pm)
In this section, the rules states that the PCSA should make a safety plan pursuant to paragraph ( D) or ( P) of this rule -- What is paragraph (P)?
Show related text
In regards to: (C) If an infant is born and identified as affected by illegal substance use or withdrawal symptoms resulting from prenatal drug exposure, the PCSA shall develop a safety plan as needed, pursuant to paragraph (D) or (P) of this rule.