Ohio's Families and Children Rule Review Site

5101:2-42-89 Public children services agency and private child placing agency procedures when a child is receiving services or is in agency custody dies.

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 for the purpose to be revised due to a procedure change for PCSAs. PCSAs will be able to capture the needed data in SACWIS.

(A) If a child in the temporary custody or a planned permanent living arrangement of a public children services agency (PCSA) or a private child placing agency (PCPA) dies, the PCSA or PCPA shall:

(1) Notify the law enforcement agency with jurisdiction within one hour of its knowledge of the child's death pursuant to rule 5101:2-33-26 of the Administrative Code.

(2) Contact the parent, guardian or custodian within one hour of its knowledge of the child's death.

(3) Complete the JFS 01987 "Child Fatality Report Face Sheet" (rev. 10/2009) and send it to the Ohio department of job and family services (ODJFS) within five working days after receiving the report. The JFS 01987 shall be sent electronically as directed by the JFS 01987I "Instructions for completing JFS 01987 child fatality report face sheet" (rev. 10/2009).

(4) Notify the local health department and/or the child fatality review board.

(5) Assist the family in planning funeral arrangements, if requested.

(B) If a child in the permanent custody of a PCSA or PCPA dies, the PCSA or PCPA shall:

(1) Notify the law enforcement agency with jurisdiction within one hour of its knowledge of the child's death as described in paragraph (A)(1) of this rule.

(2) Determine whether notification of the parent, guardian, custodian or other relatives is appropriate.

(3) Complete the JFS 01987 and send it to ODJFS as described in paragraph (A)(3) of this rule.

(4) Notify the local health department and/or the child fatality review board.

(5) Assume responsibility for funeral arrangements.

(C) If the death of a child is the result of suspected child abuse or neglect, the PCSA shall:

(1) Follow procedures set forth pursuant to rule 5101:2-36-01 of the Administrative Code regarding children with:

(a) Suspected child abuse and neglect as determined by law enforcement, medical or PCSA personnel.

(b) Prior involvement with the PCSA or any member of the household including:

(i) Open in-home voluntary cases.

(ii) Open court ordered protective supervision.

(iii) Open intake assessments within twelve months of the fatality.

(iv) A closed, inactive case within twelve months of the fatality.

(2) Complete part three of the JFS 01987 and send electronically to the assigned ODJFS regional field office.

(D) The PCSA or PCPA shall maintain documentation regarding the provision of notices as required by this rule in the child's case record and the custodial agency's provider record.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.166
Rule Amplifies: 5103.03, 5153.166
Prior Effective Dates: 9/28/87, 1/1/89, 1/1/90, 2/1/03, 11/08/2009
7I Agree0I Disagree
(C) If the death of a child is the result of suspected child abuse or negle...
Jeff Felton
09-06-2016 (12:12pm)
The form JFS 01987 and its' instructions require completion in cases of a child death where the PCSA had an open case (including assessment/investigation) even if the death was not as a result of suspected abuse or neglect. However, "C" above required action (only) when the child dies as a result of child abuse or neglect. To avoid confusion, the form and the rule should state the same thing.
Show related text
In regards to: (C) If the death of a child is the result of suspected child abuse or neglect, the PCSA shall: