Ohio's Families and Children Rule Review Site

5101:2-38-06 Required contents of a PCPA case plan document.

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 posted for 30 days for its five-year review.

(A) The private child placing agency (PCPA) shall select one or more of the following case plan goals as applicable:

(1) Maintain a child safely in the child's own home.

(2) Reunify a child with the child's parent, guardian, or custodian.

(3) Place a child in a safe, planned permanent living arrangement excluding adoption.

(4) Prepare a child for independent living and emancipation.

(5) Place a child for adoption.

(B) The case plan shall include, but not be limited to, the following elements:

(1) Parties involved in the case plan and their individual responsibilities.

(2) Statement of goals and objectives to be achieved and conditions in the home that must be improved to ensure the child will be safe and will receive proper care.

(3) Anticipated timeframes for attainment of goals and objectives.

(4) Identification of services requested by or provided to the child or the child's parent, guardian, or custodian to achieve the goals identified in paragraph (B)(2) of this rule.

(5) The appropriateness of supportive services offered or provided under the court order for protective supervision to prevent removal of the child from the child's parent, guardian, or custodian.

(6) Specification of case management, casework services, and/or if appropriate, therapeutic counseling.

(C) For each child placed in a substitute care setting, the case plan shall also include, but not be limited to, the following elements:

(1) The type of substitute care placement.

(2) The appropriateness and safety of the placement in accordance with rule 5101:2-42-05 of the Administrative Code.

(3) The reasonable efforts made or will be made to make it possible for the child to return to the child's home or identify that reasonable efforts are not required pursuant to rule 5101:2-39-01 of the Administrative Code.

(4) The steps to be taken to assure services are provided to the child and the child's parent, guardian, or custodian to do one of the following:

(a) Facilitate the reunification of the child to the child's parent, guardian, or custodian.

(b) Locate a safe, planned permanent living arrangement for the child.

(5) The steps to be taken to assure services are provided to the child and substitute caregiver to address the needs of the child while the child is in the substitute care placement.

(6) A schedule for regular and frequent visitation, including an explanation of the reason for any restrictions on location of visits or the need for supervision of visits, between the child and the child's parent, guardian, or custodian for children in temporary custody as specified in rule 5101:2-42-92 of the Administrative Code.

(7) The reason why parental rights shall not be terminated pursuant to the requirements contained in rule 5101:2-42-95 of the Administrative Code.

(8) Programs and services to assist the child to prepare for transition to independent living and emancipation, for a child sixteen years of age or older if appropriate.

(D) If the case plan goal is adoption or another planned permanent living arrangement, the case plan shall include the steps the PCPA is taking to do one of the following:

(1) Place the child with an adult relative expressing an interest in adopting the child and meeting all relevant state child protection standards, a guardian, or an adoptive family.

(2) Find an adoptive family, through child specific recruitment efforts, for the child.

(3) Identify a planned permanent living arrangement for the child.

(4) Finalize the adoption or guardianship.

(E) When a child is placed in substitute care, the case plan shall indicate that the substitute care setting is:

(1) Safe and consistent with the best interest and special needs of the child.

(2) The least-restrictive, most family-like setting available.

(3) In close proximity to the home from which the child was removed or the home in which the child will be permanently placed.

(4) In close proximity to the school in which the child was enrolled prior to the placement.

(5) Designed to enhance reunification, if appropriate, in accordance with rule 5101:2-42-05 of the Administrative Code.

(F) The PCPA shall document in the case record the reason why certain elements were not contained in the case plan document due to the permanent custody status of a child.

Replaces: 5101:2-39-11

Effective: 05/30/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412, 5103.03
Rule Amplifies: 2151.412, 5103.03
Prior Effective Dates: 1/1/89, 3/18/99 (Emer.), 6/17/99, 10/4/04, 10/1/09