5101:2-42-60 Placement services for infants of incarcerated mothers.
NOTE: This rule is being reviewed for 30 days for the purpose of clarification to the rule.
(A) Public children services agencies (PCSA) are responsible for establishing policies and procedures for service coordination with correctional facilities and hospitals on behalf of infants born to women who are incarcerated.
(B) Upon notification by the correctional facility that postnatal services will be needed, the PCSA in the county in which the woman was a resident at the time of incarceration, or if not an Ohio resident, the PCSA in the county in which the woman was charged or sentenced shall:
(1) Conduct a home assessment of the proposed relative or non-relative caregiver recommended by the incarcerated woman, in accordance with rule 5101:2-42-18 of the Administrative Code, and provide a copy of the findings and recommendation to the correctional facility.
(2) Coordinate with Ohio's interstate compact on the placement of children (ICPC) office in accordance with rules 5101:2-52-02 to 5101:2-52-08 of the Administrative Code to request a home assessment, when the proposed relative or non-relative caregiver lives out-of-state.
(3) Obtain temporary custody of the infant by execution of the JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) in accordance with rule 5101:2-42-06 or 5101:2-42-08 of the Administrative Code, if the incarcerated woman has not recommended a caregiver, or if the home assessment does not recommend the caregiver.
(4) Assist the incarcerated mother, if the mother wants a private child placing agency (PCPA) to participate in the planning for her infant by:
(a) Contacting the Ohio department of job and family services (ODJFS) to verify licensure giving the agency authority to place children.
(b) Advising the incarcerated woman that any out-of-state placements through a PCPA will need to be coordinated with the Ohio ICPC office in accordance with rules 5101:2-52-02 to 5101:2-52-08 of the Administrative Code.
(c) Contacting the PCPA to assure that a plan has been completed.
(C) When the PCSA of jurisdiction is not located in the county in which the infant is hospitalized, and due to circumstances beyond the PCSA's control, the PCSA is unable to obtain custody and care of an infant requiring immediate placement, the PCSA in the county in which the infant is hospitalized shall:
(1) Obtain temporary custody of the infant by execution of the JFS 01645 in accordance with rules 5101:2-42-06 and 5101:2-42-08 of the Administrative Code.
(2) Secure the infant's release from the hospital and place the infant in an appropriate substitute care setting.
(3) Advise the PCSA of jurisdiction, as identified in paragraph (B) of this rule, of the action taken and the child's ongoing need for care.
(D) Upon notification, the PCSA of jurisdiction shall arrange for care and custody of the child.
(E) The PCSA which holds custody of the infant is responsible for costs of medical care and services to the infant, commencing at the time of the infant's birth if other financial resources are insufficient or do not exist. If a local PCSA obtained temporary custody of the infant in accordance with paragraph (C) of this rule, the PCSA of jurisdiction shall reimburse the local PCSA for all its actual costs.
(F) The PCSA of jurisdiction and the local PCSA shall act in a timely manner in coordinating the transfer of custody and reimbursement costs.
R.C. 119.032 review dates: 02/20/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.16
Rule Amplifies: 5153.16
Prior Effective Dates: 10/1/85 (Emer.), 12/23/85 (Emer.), 1/2/86, 2/1/03, 4/20/08