Ohio's Families and Children Rule Review Site

5101:2-36-12 PCSA requirement for cross-referring reports of child abuse and/or neglect.

Posted: February 15th, 2017

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.

NOTE: This rule is being reviewed for 30 days per the statutory 5 year review requirement. Additionally, changes will be made to comply with the Comprehensive Addiction and Recovery Act of 2016.

(A) The provisions of rule 5101:2-33-21 of the Administrative Code regarding confidentiality apply to all cross-referrals of child abuse and/or neglect required by this rule.

(B) The public children services agency (PCSA) shall make a cross referral to law enforcement if the report alleges a criminal offense.

(C) The PCSA shall cross refer reports of child abuse and or neglect in accordance with the PCSA's county child abuse and neglect memorandum of understanding, and if applicable, the interagency agreement with a child advocacy center pursuant to section 2151.428 of the Revised Code.

(D) The PCSA shall contact the following licensing and supervising authorities, as applicable, no later than the next working day from the date the referral was screened in to share information pursuant to rules 5101:2-33-21 and 5101:2-36-04 of the Administrative Code:

(1) The Ohio department of developmental disabilities (ODDD) division of developmental centers quality assurance if the report involves a developmental center managed by ODDD; or the office of licensure if the report involves a foster or group home licensed by ODDD.

(2) The local county board of developmental disabilities (DD) if the report involves any program managed by the county board of DD.

(3) The local board of alcohol, drug addiction, and mental health and the Ohio department of mental health (ODMH) if the report involves a residential care facility licensed by ODMH.

(4) The Ohio department of youth services' (ODYS) chief inspector if the report involves an institution or facility for delinquent children managed by ODYS; or the juvenile judge and ODYS' division of parole, courts, and community services if the report involves a detention or rehabilitation facility managed by a juvenile court and approved by ODYS.

(5) The superintendent of the local schools or the Ohio department of education's (ODE) legal counsel if the report involves the school for the deaf or blind or early education programs managed by ODE .

(6) The Ohio department of job and family services (ODJFS), children services licensing, if the report involves a foster home, group home or children's residential facility licensed by ODJFS.

(7) The ODJFS, child care licensing, if the report involves a child care center (more than twelve children) or a type A family child care home which is or should be licensed by ODJFS.

(8) The local county department of job and family services (CDJFS) if the report involves an in-home aide who is certified by the CDJFS or a type B family child care certified or licensed by the CDJFS.

Effective: 03/01/2014
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 2151.421
Rule Amplifies: 2151.421
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 4/1/01, 3/1/06, 10/01/09, 3/01/12