Ohio Admin. Code 5101:2-36-02

Current through all regulations passed and filed through December 9, 2024
Section 5101:2-36-02 - PCSA requirements for determining lead agency for screening and assessments/investigations
(A) The lead public children services agency (PCSA) or children services agency (CSA) is to be determined according to the following preferential order:
(1) The PCSA or CSA located in the county in which the alleged child victim/child subject of the report has a residence or legal settlement. A child has the same residence or legal settlement as their parent, legal guardian, or custodian who stands in loco parentis pursuant to section 2151.06 of the Revised Code.
(2) The PCSA or CSA located in the county in which the alleged child abuse, neglect, and/or dependency occurred.
(3) The PCSA or CSA located within the county in which a juvenile court has jurisdiction over an active participant of the case.
(4) The PCSA receiving the referral if the PCSA is unable to determine the lead PCSA or CSA within twenty-four hours from receipt of the information.
(B) If the PCSA determines that another PCSA or CSA should be the lead PCSA or CSA before making the screening decision, the PCSA is to make a referral to the other PCSA or CSA upon making that determination.
(C) If the assigned PCSA determines after the screening decision but before a case is filed in court that another PCSA or CSA is the lead PCSA or CSA, the assigned PCSA is to ensure safety of the alleged child victim(s)/child subject(s) of the report and notify the other PCSA or CSA of the screened in report and the assessment/investigation activities completed pursuant to paragraph (D) of this rule within one working day of determining the other PCSA or CSA is the lead PCSA or CSA. The PCSA is to confirm with the other PCSA acceptance or denial of the case within one working day.
(D) If requested by the lead PCSA either verbally or in writing, the non-lead PCSA located in a non-contiguous county is to conduct interviews with any principals of the report and collateral sources presently located within its county to provide the lead PCSA with the information necessary to complete all needed assessment/investigation activities pursuant to Chapters 5101:2-33, 5101:2-36, and 5101:2-37 of the Administrative Code.

Replaces: part of rule 5101:2-36-01, part of rule 5101:2-36-03, part of rule 5101:2-36-04, part of rule 5101:2-36-05, part of rule 5101:2-36-09, 5101:2-36-13, part of rule 5101:2-36-20

Ohio Admin. Code 5101:2-36-02

Effective: 9/1/2024
Five Year Review (FYR) Dates: 09/01/2029
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.166
Rule Amplifies: 2151.421, 2151.412, 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, 12/30/1997, 02/01/2003, 03/01/2006, 10/01/2009, 07/01/2011, 03/01/2012, 03/01/2014, 06/07/2018