Ohio's Families and Children Rule Review Site

5101:2-38-07 PCPA case plan for children in custody or under court-ordered protective supervision.

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 of incorporating changes as a result of H.R. 4980.

(A) The private child placing agency (PCPA) shall develop and complete a case plan if services are provided to the child in the child's own home or in a substitute care setting and one of the following occurs:

(1) The PCPA files a complaint pursuant to section 2151.27 of the Revised Code alleging the child is an abused, neglected, or dependent child.

(2) The PCPA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCPA to provide protective supervision for a child living in his or her own home.

(4) The court orders the PCPA to place the child in a planned permanent living arrangement.

(5) The PCPA has not placed the child for adoption within six months after the JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) is executed without juvenile court approval for a child in the custody of the PCPA who was under the age of six months at the time the permanent surrender was executed.

(B) The PCPA shall develop one case plan per case unless directed otherwise by an order of the court.

(C) If initiating the case planning process, the PCPA shall:

(1) Provide verbal or written notification to the following parties of their responsibility to work with the agency in jointly developing, implementing, and reviewing the case plan no less than seven days prior to case plan completion:

(a) Child's parent, guardian or custodian.

(b) Pre-finalized adoptive parent, if applicable.

(c) Guardian ad litem and/or court appointed special advocate, if one has been appointed.

(d) Child, if age and developmentally appropriate.

(e) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code if applicable.

(2) Work with all parties on the development, implementation, and review of the case plan; attempt to obtain agreement on the contents of the case plan by the parties mentioned in paragraph (C)(1) of this rule and provide each party with a copy of the case plan.

(3) Inform all parties, if agreement cannot be obtained on the contents of the case plan, the parties may present evidence at the dispositional hearing and the court will determine the contents of the case plan based upon the evidence presented.

(4) Provide the substitute caregiver, foster caregiver, including a relative, kin caregiver or pre-finalized adoptive parent fulfilling this role, verbal or written notification of the opportunity to participate in the development, implementation, and review of the case plan no less than seven days prior to case plan completion. The date and method of notification shall be documented in the case record.

(D) Notification and participation of the child or parent is not required for the development of the case plan or any amendments to the case plan if the child has been adjudicated as a deserted child.

(E) If a case plan is developed pursuant to paragraph (A) of this rule, the PCPA shall file the case plan with the court no later than thirty days from whichever of the following occurs first:

(1) The date the PCPA complaint was filed or the child was placed in shelter care.

(2) The date of court ordered protective supervision.

(3) Prior to the adjudicatory hearing on the complaint.

(F) The case plan shall be considered complete once the court journalizes the case plan.

(G) If sufficient information is not available to complete any element contained on the case plan, the PCPA shall do all of the following:

(1) Specify in the case plan, developed pursuant to paragraph (A) of this rule, the additional information needed in order to complete all parts of the case plan and the steps needed to obtain the missing information and file with the court.

(2) Obtain the missing information and complete the missing elements of the case plan and submit to the courts no later than thirty days after the adjudicatory hearing or the date of the dispositional hearing.

(H) If a case plan is required pursuant to paragraph (A)(5) of this rule and the PCPA has not placed the child, who is under six months of age, for adoption within six months at the time the JFS 01666 is executed without juvenile court approval; the PCPA shall file a request for a review hearing and file the case plan.

(I) The case plan shall serve as the permanency plan for the child.

(J) PCPA shall act in accordance with rule 5101:2-53-02 of the Administrative Code for children identified as Indian. Services provided shall be specifically designed for the Indian family if available, including resources of the extended family, the tribe, Indian organizations, tribal family service programs and individual Indian caregivers.

(K) The PCPA shall include a written visitation plan for siblings removed from their home and not jointly placed pursuant to rule 5101:2-42-92 and 5101:2-39-01 of the Administrative Code. The visitation plan shall provide for regular, ongoing visitation and interaction between the siblings no less than monthly unless the PCPA has documented that it would be contrary to the safety or well-being of the children.

(L) The sibling visitation plan developed pursuant to paragraph (K) of this rule shall include a description of the following:

(1) Efforts made by the agency to place the siblings together and why those efforts were unsuccessful.

(2) Identification of any sibling who is not included in the visitation plan, and an explanation of why visitation or interaction with the child would be contrary to the safety or well-being of the other sibling(s).

(M) The PCPA shall include a written visitation plan for the parent, guardian, or custodian. The visitation plan shall provide for regular, ongoing visitation and interaction between the child placed in substitute care and the parent, guardian, or custodian pursuant to rule 5101:2-42-92 of the Administrative Code.

(N) Once the court journalizes the case plan, the parties including PCPA staff, are bound by the provisions outlined in the journalized case plan. Failure to comply with the case plan by any party to the case plan may result in a finding of contempt of court. The journalized case plan provides such notice to all parties.

(O) The PCPA shall contact the child's parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and the guardian ad litem and/or court appointed special advocate and seek prior agreement for any amendment to the case plan if any of the following occurs:

(1) The conditions of either the child or the child's parent, guardian or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the child's legal status or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; returned to the child's parent, guardian, or custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of sixteen and independent living and life skill services are offered.

(5) A change in the visitation plan for a child.

(6) A party must be added or deleted from the case plan.

(P) The PCPA shall attempt to obtain the signatures of the parent, guardian, custodian or if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, if an amendment is made to the case plan.

(Q) The PCPA shall record, on the case plan, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days of the agreement.

(R) If agreement of the parties is not obtained, the PCPA shall request a change in the case plan by filing the proposed change with the court.

(1) The PCPA shall provide written notice of the proposed change to all affected parties including the guardian ad litem and/or court appointed special advocate.

(a) Notification shall be provided no later than the close of business of the day after the proposed change is filed with the court.

(b) All parties to the case plan, and the guardian ad litem, and/or court appointed special advocate may object to the change and request a court hearing on the proposed change within seven days of the filing with the court.

(2) The PCPA may implement the amendment fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(c) The court journalizes the case plan amendment.

(S) In an emergency situation or if a child is in immediate danger of serious harm, the PCPA shall:

(1) Implement the change and amend the case plan.

(2) Notify all parties, the child's guardian ad litem, and the court of the change no later than the next day after the change is implemented.

(3) File a statement of the change with the court within three days after the change is implemented.

(4) Give notice of the filing along with a copy of the statement within three days of the change to the child's parent, guardian, custodian, or pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed.

(T) In an emergency situation, all parties to the case plan, the guardian ad litem and/or court appointed special advocate have ten days to object to the change in the case plan and to request a court hearing regarding the change. If the objection and request for a hearing is filed with the court, the PCPA shall continue to implement the change unless the court disapproves. If the court does not approve the change, the PCPA shall revert back to implementing the provisions of the journalized case plan.

(U) For court-ordered protective supervision cases, the PCPA shall:

(1) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(2) Complete at least one contact every other month in the child's home.

(V) For cases with children in custody, the PCPA shall:

(1) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(2) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(3) Complete at least one contact every other month in the parent, guardian, or custodian's, or if applicable, pre-finalized adoptive parents' home.

(W) If the initial attempt to complete face-to-face contact pursuant to paragraph (U) or (V) of this rule is unsuccessful, the PCPA shall make a minimum of two additional attempts to complete the face-to-face contacts within the calendar month.

(X) The PCPA shall conduct semiannual administrative reviews of the progress in achieving the case plan goal objectives and services pursuant to rule 5101:2-38-10 of the Administrative Code. The PCPA shall document the SAR on the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (rev. 1/2014) in lieu of the JFS 01412 "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review (rev. 1/2014).

(Y) The PCPA may develop a supplemental plan for locating a permanent family placement for a child concurrently with reasonable efforts to preserve and reunify families. A case plan may include, as a supplement, a plan for locating a permanent family placement. The supplement shall not be considered part of the case plan and does not require agreement or approval by the parties. Any supplemental plan shall be discussed and reviewed with the parent, guardian, or custodian.

(Z) For children in permanent custody, the PCPA shall document efforts to locate an adoptive placement or other planned permanent living arrangement in the case plan.

(AA) The PCPA shall maintain a copy of the original case plan, all journalized amendments to the case plan, all supplemental plans, and all documentation of the face-to-face contacts, including all attempts to monitor progress on the case plan objectives in the child's case record and recorded in SACWIS.

(BB) The PCPA shall attach the JFS 01443 "Child's Education and Health Information" (rev. 8/2010) or the PCPA form being used in lieu of the JFS 01443, containing all documentation required on the JFS 01443 pursuant to rule 5101:2-38-08 of the Administrative Code, to the case plan for each child residing in a substitute care setting.

(CC) The PCPA shall close the case if:

(1) There are no active safety threats and the overall level of risk is reduced.

(2) The court orders the case closed.

(DD) The PCPA shall notify all parties of the case closure.

Replaces: 5101:2-39-10

Effective: 05/30/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412
Rule Amplifies: 2151.3522 , 2151.412
Prior Effective Dates: 1/14/83, 3/20/83, 11/1/85 (Emer.), 1/29/86 (Emer.), 1/31/86, 4/1/86, 1/1/87 (Emer.), 3/20/87, 1/1/89, 1/1/90, 10/1/97, 3/18/99 (Emer.), 6/17/99, 2/1/03, 4/17/06, 10/1/09, 12/31/10
0I Agree0I Disagree
The PCPA shall record, on the case plan, the reasons for any agreed upon am...
Denise Estep
11-24-2014 (8:47am)
Same comment- 7 days is insufficient to complete caseplan, have signed by parties and submit to court in order to be journalized. I propose 10-14 days as a more realistic target. Thank you
Show related text
In regards to: The PCPA shall record, on the case plan, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days of the agreement.