Section 5101:2-36-01 - Intake and screening procedures for child abuse, neglect, dependency, family in need of services, and post-emancipation reports; and information and/or referral intakes(A) A public children services agency (PCSA) is to attempt to obtain, at a minimum, the following information from a referent/reporter making a referral regarding child safety, risk of child maltreatment or need for services to determine an intake category and arrive at a screening decision. Receipt of all the following information is not required to screen in a report or to categorize the information as information and/or referral: (1) The name(s) and address(es) of the child and the child's parent(s), guardian(s), or custodian(s) and all household members.(3) The child's and any other individual's race and ethnicity.(4) The type, extent, frequency, duration, and incident date(s) of the abuse, neglect, or dependency, as applicable.(5) Alleged perpetrator's access to the child, if applicable.(6) The child's current condition.(7) The child's current location.(8) Circumstances regarding the abuse, neglect, or dependency or the circumstances indicating a need for PCSA services.(9) Information regarding any evidence of previous injuries, abuse, or neglect.(10) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or the known or suspected threat of injury, abuse, or neglect or the case circumstances that support the family is in need of PCSA services.(B) The PCSA is not to delay making the screening decision if waiting for written information from the referent/reporter.(C) All information reported to a PCSA alleging known or suspected child abuse, neglect, or dependency, or indicating a family is in need of PCSA services is to be recorded in Ohio's comprehensive child welfare information system (CCWIS) as an intake in accordance with the following:(1) Referral information received is to be recorded in Ohio's CCWIS no later than the next working day from the date of the receipt of the referral information.(2) The original date and time the referral information is received by the PCSA is to be reflected in Ohio's CCWIS including the actual date and time of the screening decision. (D) The PCSA is to categorize the information received into one of the following intake categories:(1) Child abuse and/or neglect report.(a) Physical abuse, in accordance with section 2151.031 of the Revised Code. (b) Sexual abuse, in accordance with section 2151.031 of the Revised Code and Chapter 2907. of the Revised Code.(c) Emotional maltreatment/mental injury, in accordance with section 2151.011 or 2151.031 of the Revised Code.(d) Neglect, in accordance with section 2151.03 of the Revised Code. (2) Dependency report. Dependent child, as defined in section 2151.04 of the Revised Code.(3) Family in need of services report according to rule 5101:2-36-10 of the Administrative Code. (4) Post emancipation report, young adult services, for young adults who have emancipated from any PCSA, private child placing agency (PCPA), or children services agency (CSA) on or after attaining the age of eighteen, in accordance with rule 5101:2-42-19.2 of the Administrative Code.(5) Information and/or referral, pursuant to rule 5101:2-1-01 of the Administrative Code, if paragraph (D)(1), (D)(2), (D)(3), or (D)(4) of this rule do not apply.(E) When a PCSA receives a referral of a substance affected infant, the PCSA is to attempt to gather all information needed for a plan of safe care/family care plan as defined in rule 5101:2-1-01 of the Administrative Code. (F) The PCSA will not screen out any referral of a substance affected infant if:(1) The plan of safe care/ family care plan information listed in paragraph (E) of this rule is not obtained.(2) The plan of safe care/ family care plan has not been developed.(3) The plan of safe care/family care plan is not adequate to address the safety of the infant.(G) If the family has an active protective service alert (PSA) pursuant to rule 5101:2-36-14 of the Administrative Code and the current referral contains updated contact information that may allow the ability to locate the family, the PCSA is to screen in the current referral due to the PSA. The PCSA is to assess/investigate the concerns related to the PSA in addition to any concerns needing an assessment/investigation in the current referral. The PCSA is to cancel the PSA in accordance with rule 5101:2-36-14 of the Administrative Code upon locating the family.(H) The PCSA is to complete the screening decision and determine the immediacy of need for any agency response to ensure child safety within twenty-four hours from receipt of the information and following the categorization of the referral information in accordance with paragraphs (D)(1), (D)(2), (D)(3), and (D)(4) of this rule .(I) If the PCSA screens out a referral of abuse or neglect that occurred or is occurring in an out-of-home care setting pursuant to rule 5101:2-1-01 of the Administrative Code, the PCSA is to notify licensing and supervising authorities by the next working day of the screening decision pursuant to section 2151.421 of the Revised Code.(J) The PCSA may refer families with screened out referrals to prevention service providers pursuant to sections 2151.421 and 2151.423 of the Revised Code.(K) PCSAs are to assign reports screened in and categorized pursuant to paragraph (D)(1) of this rule to one of the following pathways: (1) Traditional response, pursuant to Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative Code.(2) Alternative response, pursuant to rules 5101:2-36-20 and 5101:2-38-20 of the Administrative Code.(L) The PCSA is to assign the following types of reports of child abuse and/or neglect to the traditional response pathway: (1) Physical abuse resulting in serious injury or that creates a serious and immediate risk to a child's health and safety. (2) Reports containing allegations of the sexual abuse of a child . (3) Reports requiring a specialized assessment as identified in rule 5101:2-36-04 of the Administrative Code.(4) Reports requiring a third party investigative procedure as identified in rule 5101:2-36-08 of the Administrative Code.(5) Reports containing allegations of known or suspected child abuse or neglect resulting in a child fatality or near fatality.(M) All referral information categorized as information and/or referral pursuant to paragraph (D)(5) of this rule is to be screened out. The PCSA is to identify which of the following activities was completed by the PCSA. (1) Directed/advised to contact non-PCSA service provider within the county.(2) Directed/advised to contact non-PCSA service provider outside the county.(3) Provided information only/no referral made.(4) Additional information received on an open case that is not alleging abuse or neglect of a child.(N) No later than seven calendar days after the screening decision, the PCSA is to provide written notification to all referents who are mandated reporters in accordance with section 2151.421 of the Revised Code.(O) The PCSA is to make a cross-referral to law enforcement pursuant to rule 5101:2-36-12 of the Administrative Code.(P) The PCSA may refer the referent/reporter to the county prosecutor pursuant to the county child abuse and neglect memorandum of understanding developed pursuant to sections 2151.4220 to 2151.4234 of the Revised Code.(Q) Additional child abuse and/or neglect allegations screened in within the first four working days of the acceptance of a child abuse and/or neglect report and prior to the completion of an assessment of safety with the child and the parent/caretaker, may be added to the initial report and assessed/investigated concurrently with the allegations received initially. The date and time the subsequent report was received along with the reporter information is to be recorded in Ohio's CCWIS.(R) Additional child abuse and/or neglect allegations screened in after the first four working days of the acceptance of the previous child abuse and/or neglect report or after completion of the assessment of safety are to be recorded as a subsequent child abuse and/or neglect report and are subject to the requirements contained in rules 5101:2-36-03, 5101:2-36-04, 5101:2-36-05, and 5101:2-36-20 of the Administrative Code.Ohio Admin. Code 5101:2-36-01
Effective: 9/1/2024
Five Year Review (FYR) Dates: 5/31/2024 and 09/01/2029
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.166
Rule Amplifies: 2151.421, 2151.3518, 5153.16
Prior Effective Dates: 02/01/1982, 10/01/1982, 01/01/1987, 01/01/1988, 03/15/1988, 01/01/1990, 10/01/1995, 06/01/1996, 06/01/1997, 10/01/1997 (Emer.), 12/30/1997, 03/01/2006, 10/01/2009, 07/01/2011, 03/01/2014, 06/17/2018