Ohio's Families and Children Rule Review Site

5101:2-33-23 Case records for children services.

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: This rule will be posted for 30 days as Ohio Administrative Code Rules have been requested for a five-year rule review.

(A) The public children services agency (PCSA) shall record case information in the statewide automated child welfare information system (SACWIS). Case information that cannot be recorded in SACWIS shall be maintained as hard copy files, electronic files or as a combination of both.

(B) All case records prepared, maintained, and permanently kept by the PCSA are confidential. Access to PCSA case records and the release of PCSA case record information shall be conducted pursuant to and in accordance with the requirements outlined in rule 5101:2-33-21 of the Administrative Code.

(C) The PCSA shall prepare, maintain, and permanently keep records for all referrals, related screening decisions, and information received by the agency pursuant to rule 5101:2-36-01 of the Administrative Code .

(D) The PCSA shall prepare, maintain, and permanently keep records for all of the following intake categories which the PCSA has received and/or conducted an assessment/investigation and required activities pursuant to Chapters 5101:2-36 and 5101:2-37 of the Administrative Code:

(1) Child abuse and/or neglect reports.

(2) Dependency reports.

(3) Family in need of services reports.

(4) Information and/or referral intakes.

(E) The PCSA shall prepare, maintain and permanently keep records on all cases for which the PCSA provided services including:

(1) Voluntary supportive services cases pursuant to Chapters 5101:2-37, 5101:2-38, and 5101:2-40 of the Administrative Code.

(2) Court ordered protective supervision cases pursuant to Chapters 5101:2-37, 5101:2-38, and 5101:2-40 of the Administrative Code.

(3) Substitute care cases pursuant to Chapters 5101:2-37, 5101:2-38, 5101:2-39, 5101:2-40, 5101:2-42, and 5101:2-47 of the Administrative Code.

(4) Adoption cases pursuant to Chapters 5101:2-37, 5101:2-38, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-48 and 5101:2-49 of the Administrative Code.

(F) Each case record prepared, maintained and permanently kept in accordance with this rule shall contain, but not be limited to, the following information, as applicable:

(1) Documentation that the PCSA has attempted to locate the correct address of the principals of the report, if necessary, and make required face-to-face contacts with the principals of the report as required in rule 5101:2-36-01 of the Administrative Code.

(2) Documentation of the PCSA's request and the corresponding rationale for requesting assistance from law enforcement during the course of the PCSA's assessment/investigation of a family, if applicable.

(3) Documentation of any involvement the PCSA had with law enforcement regarding missing children, death of a child, third-party investigative procedures, or any other assistance the PCSA requested from law enforcement as stipulated in the county child abuse and neglect memorandum of understanding.

(4) Reports from service providers, including but not limited to medical, educational, psychological, diagnostic, and treatment.

(5) Documentation of verbal, written, or electronic referrals and provision of services by the PCSA, county department of job and family services (CDJFS), other public and private agencies and community service providers on behalf of children and families being served by the PCSA, including any oral and/or written reports and the dates when services were delivered.

(6) Correspondence pertaining to the child and his family or caretaker.

(7) A copy of all complaints, motions, petitions, pleadings, and other documents submitted to the juvenile court by the PCSA or any other party.

(8) A copy of all court orders, findings, written determinations, and journalized entries from the juvenile court.

(9) Copies of supplemental plans, as applicable.

(10) A copy of any written materials presented during the semiannual administrative review(s).

(11) Transfer summaries prepared by the PCSA.

(12) Copies of applications for financial or social service support programs including, but not limited to Ohio works first (OWF), prevention, retention and contingency program, Title IV-B, Title IV-E, Title XX, medical assistance, supplemental security income, or children with medical handicaps program, and documentation supporting eligibility determinations made.

(13) A copy of the child's social security card or application for same.

(14) A copy of the child's birth certificate.

(G) The PCSA shall maintain case records that cannot be maintained in SACWIS in a consistent and organized manner such that required information set forth in this rule can be readily located. If the PCSA maintains any required information set forth in this rule in a location other than the case record, it shall be stated in the PCSA policy or noted in the case record where the information can be found.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5103.03, 5153.166, 5153.17
Rule Amplifies: 2151.421, 5103.03, 5153.16 , 5153.17
Prior Effective Dates: 1/1/87, 1/1/88, 1/1/89, 10/1/90, 5/1/93, 6/1/97, 10/1/97 (Emer.), 12/30/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 2/1/03, 3/1/06, 10/1/09, 11/1/11

0I Approve
2I Agree1I Disagree
C) The PCSA shall prepare, maintain, and permanently keep records for all r...
Shelby Cully
07-23-2019 (2:02pm)
What effect does the changes to ORC 149.43 (effective 4/8/2019) have on an agency's responsibility to keep information permanently confidential ? With the instruction that records shall be permanently kept and with the changes to ORC 149.43 that non-public records (with few exceptions) become public after 75 years, will PCSA case records then become public record? Should this section or 5101:2-33-21 have any changes to instruct PCSA's on older/historic records especially with genealogy request increasing?
Show related text
In regards to: C) The PCSA shall prepare, maintain, and permanently keep records for all referrals, related screening decisions, and information received by the agency pursuant to rule 5101:2-36-01 of the Administrative Code .
2I Agree0I Disagree
(C) The PCSA shall prepare, maintain, and permanently keep records for all ...
Richard Tvaroch
08-07-2019 (3:05pm)
What effect does the changes to ORC 149.43 (effective 4/8/2019) have on an agency's responsibility to keep information permanently confidential ? With the instruction that records shall be permanently kept and with the changes to ORC 149.43 that non-public records (with few exceptions) become public after 75 years, will PCSA case records then become public record? Should this section or 5101:2-33-21 have any changes to instruct PCSA's on older/historic records especially with genealogy request increasing?
Show related text
In regards to: (C) The PCSA shall prepare, maintain, and permanently keep records for all referrals, related screening decisions, and information received by the agency pursuant to rule 5101:2-36-01 of the Administrative Code .
1I Agree0I Disagree
(A) The public children services agency (PCSA) shall record case informatio...
Richard Tvaroch
08-07-2019 (3:12pm)
Since SACWIS is an ODJFS system, should this rule be amended to "flush out" requirements for the Department?
Show related text
In regards to: (A) The public children services agency (PCSA) shall record case information in the statewide automated child welfare information system (SACWIS). Case information that cannot be recorded in SACWIS shall be maintained as hard copy files, electronic files or as a combination of both.