MOU to Address Child Abuse & Neglect

The capacity to accept and screen referrals of suspected child abuse, neglect, and/or dependency includes, but is not limited to: receiving referrals 24 hours a day, 7 days a week; recording and retaining referral information; following Ohio’s screening guidelines based on the Ohio Administrative and Revised Code and categorizing the child maltreatment type; adhering to a protocol for making screening and differential response pathway decisions within 24 hours from the time of the referral; documenting case decisions; and assigning a response priority of emergency or non-emergency to any screened-in report.

The capacity to investigate and assess accepted reports includes responding to emergency reports within one (1) hour and non-emergency reports within twenty-four (24) hours; conducting an initial Safety Assessment using a standardized CAPM (Comprehensive Assessment Planning Model) tool within the timeline prescribed in the Ohio Administrative Code; completing a more in-depth CAPM Family Assessment, including a clinical and actuarial risk assessment, within sixty (60) days; working collaboratively with other investigative agencies when appropriate; making traditional response case dispositions within required timeframes; evaluating the need for protective, prevention, or supportive services and/or court involvement; and documenting all activities and case determinations.

The capacity to provide services that ameliorate, eliminate, or reduce future child maltreatment and the conditions that led to abuse, neglect, or dependency includes service planning and case management coordination; identifying the concern and behavior change(s) needed for reunification through the CAPM Family Case Plan; monitoring the family’s case progress, measuring service outcomes, re-assessing safety and risk, and evaluating permanency options using the CAPM Case Review and Semi-Annual Review tools; and adhering to existing visitation, documentation, and case closure protocols.

The PCSA is the lead agency for the investigation of child abuse, neglect, or dependency in the county. The PCSA coordinates and facilitates meetings, establishes standards and protocol for joint assessment/investigation with law enforcement, cross-referrals, confidentiality, and training of signatories as required by statute. Child Protective Services staff and management also participate in meetings and trainings as deemed appropriate at the discretion of the Director.

The county peace officer, each Chief of the local political subdivisions, and any other law enforcement officers handling child abuse and neglect cases are responsible for: taking referrals/reports from any source within their jurisdiction; referring reports to the PCSA as soon as possible or within 24 hours; determining whether allegations rise to the level of criminal conduct; cooperating with the PCSA in a joint, thorough investigation when there is alleged present danger; assisting in hazardous situations; coordinating interviews when there are serious criminal implications; notifying the PCSA of legal action involving an alleged perpetrator; responding to PCSA requests for information; providing police record checks as permitted by law; consulting with the PCSA prior to removal of a child when possible; and handling investigations involving a child fatality or near-fatality that may have resulted from abuse or neglect.

The most senior Juvenile Judge (or their representative) is responsible for attending MOU meetings, entering into agreements regarding the court’s responsibility to timely hear and resolve child abuse, neglect, and dependency matters, signing the MOU, and updating or approving amendments. The juvenile court exercises jurisdiction under ORC Chapters 2151 and 2152, issues orders regarding the care, protection, health, safety, and best interest of children, ensures due process, hears evidence and issues findings, orders timely and safe permanency dispositions, and preserves the family environment whenever possible while keeping the child’s health and safety paramount.

The County Prosecutor reports suspected cases of child abuse and neglect to the PCSA or appropriate law enforcement agency and represents the PCSA in legal actions to protect a child from further harm. The prosecuting attorney prosecutes complaints, suits, and controversies on behalf of the state, determines whether criminal culpability and sufficient evidence exist, is available to law enforcement and PCSA staff for assistance, allows direct presentation to the Grand Jury when feasible to minimize trauma to child victims, and aids the PCSA in protecting the confidential nature of children services records and the identity of the reporting source.

This section is marked Not Applicable for Meigs County, as the Department of Job and Family Services and the PCSA are a combined agency.

Local animal cruelty reporting agencies investigate reports of animal abuse and neglect within the county and, pursuant to ORC 2151.421, report suspected cases of child abuse and neglect observed during the commission of their duties to the PCSA or local law enforcement.

This section is marked Not Applicable. Where a formal CAC agreement exists, the CAC establishes internal protocols, participates in training, works jointly in the investigation of CAC cases, and exchanges information with the PCSA, law enforcement, and other signatories.

This section is marked Not Applicable. Where included, the Clerk collaborates with the PCSA, County Prosecutor, and law enforcement to establish standards for filing and accepting abuse, neglect, and dependency pleadings, service of process, communications, handling of emergency/ex parte motions, and periodic training.

Persons identified as mandated reporters per ORC section 2151.421, while acting in an official or professional capacity, will immediately report knowledge or reasonable cause to suspect the abuse or neglect of a child. Reports are made to the PCSA or a law enforcement officer.

The penalty for failure of a mandated reporter to report is a misdemeanor of the fourth degree, and a misdemeanor of the first degree under the aggravating circumstances described in ORC 2151.421. Failure to report may also result in civil liability for compensatory or exemplary damages. The agency would meet with the prosecutor to discuss charges being filed against an individual who did not take the proper steps to report suspected child abuse and/or neglect.

Reports of child abuse or neglect are made to the PCSA or any law enforcement officer with jurisdiction in the county. The agency provides 24-hour on-call coverage, with each worker/supervisor taking a turn in the rotation.

The Children Services Division has a phone system to handle after-hours emergencies. The after-hours message instructs callers to contact EMS/911 if they are unable to reach the on-call worker. Reporters are not required to leave a name, but should provide a call-back number and keep their line open. (For confidentiality and safety, staff on-call contact numbers are not published publicly.)

When the PCSA receives a referral from a mandated reporter who provides their name and contact information, the PCSA forwards an initial mandated reporter notification to the referent within seven days, per the reporter’s preference. Information shared (as permitted by ORC 2151.421(K)) includes whether an investigation was initiated, whether it is continuing, whether the agency is otherwise involved with the child, the general status of the child’s health and safety, and whether the report resulted in a complaint in juvenile court or criminal charges. When the PCSA closes an investigation reported by a mandated reporter, it forwards a referral outcome notification with a point of contact.

When the PCSA determines a report is emergent, it attempts face-to-face contact with the child subject of the report within one hour of receipt. If an active safety threat is identified at any point during the assessment/investigation, the caseworker or supervisor implements a safety response. Meigs County Children Services contacts the Juvenile Court Judge to maintain custody of a child being removed from the home; if the judge cannot be reached while at the home, law enforcement will assume custody until the judge is contacted.

In cases of suspected sexual abuse meeting agency criteria, a child advocacy center is consulted for a physical exam and forensic interview. If the suspected abuse occurred within 72 hours, the child is sent immediately to Nationwide Children’s Hospital Emergency Department for a forensic interview and SANE exam. If greater than 72 hours, MCDJFS schedules the forensic interview and physical exam with The Garden Center in Ross County.

Meigs County DJFS has a contract with the Meigs County Sheriff’s Office so that a detective is housed at JFS and can respond with workers during regular business hours. After hours, the detective is contacted to go out with workers; if unavailable, another deputy assists. Law enforcement responds immediately in situations of suspected severe physical abuse and neglect, sexual abuse, or any case involving the death of a child.

Children in need should be transported to the closest emergency room to receive the proper care that is needed.

Methods used in interviewing the child, alleged perpetrators, family members, and witnesses are discussed and agreed upon in advance by the PCSA and the corresponding law enforcement agency. To the extent possible, investigative interviews of alleged child victims where criminal activity is suspected (including human trafficking) are cooperatively planned by the PCSA and law enforcement. Every effort is made to prevent or reduce duplicate interviews; when feasible, only one interview is completed with the alleged child victim. The PCSA is the lead agency in scheduling joint interviews. Before an interview, participants determine who is present, who asks questions, what areas are covered, and who serves as scribe; audio and video recordings may be used when necessary.

Interviews of children who are the subjects of reports are limited to: casework and supervisory staff of the PCSA; law enforcement personnel; county or city prosecuting attorneys, assistant prosecuting attorneys, in-house JFS legal counsel if applicable, and their investigative staff; staff at The Garden Center; and Meigs County Juvenile Court staff, including the Juvenile/Probate Judge, Juvenile Court appointed staff, CASA or GAL.

The PCSA may request law enforcement assistance during an assessment/investigation if one or more of the following exist: an exigent circumstance; reason to believe the child is in immediate danger of serious harm; reason to believe the worker is or will be in danger; reason to believe a crime is being or has been committed against a child; a home visit is needed after regular business hours and an escort is standard procedure; the PCSA is removing a child via court order and believes the family will challenge the removal; the client has a propensity toward violence; or the family has historically threatened harm to PCSA staff. MCDJFS has a Sheriff’s Deputy on staff and housed in the agency; if unavailable, another deputy assists, and law enforcement responds immediately to severe physical abuse and neglect, sexual abuse, or any case involving the death of a child.

To the extent possible, investigative interviews of alleged child victims where criminal activity is suspected — including human trafficking, physical and sexual abuse, domestic violence, child endangering, or the like — are cooperatively planned by the PCSA and the law enforcement agency of jurisdiction.

The PCSA conducts an out-of-home care investigation when a report includes an alleged perpetrator who is a person responsible for the child’s care in an out-of-home setting (as defined in OAC 5180:2-1-01 or ORC 2151.011), who has access to the child by virtue of employment or affiliation with an organization, or who has access through placement in an out-of-home care setting. The PCSA follows the procedures in OAC 5180:2-36-04.

Per OAC 5180:2-36-08, the PCSA requests a third party in the assessment/investigation where there is potential for a conflict of interest because a principal of the report is, for example, an employee of a DCY-licensed facility supervised by the PCSA; a foster caregiver, adoptive parent, relative, or kinship caregiver recommended/approved/supervised by the PCSA; a licensed family childcare home; an employee or agent of DCY or the PCSA; or any time the PCSA determines a conflict exists. For third-party investigations, MCSO or city/village law enforcement assists MCDJFS where a third-party investigation is required due to a conflict, and also where MCDJFS is requested to investigate on behalf of another PCSA. The PCSA contacts law enforcement of jurisdiction within 24 hours of identifying a conflict; if law enforcement cannot assist or the conflict extends beyond the PCSA, coordination with another county PCSA is requested.

The PCSA is governed by ORC section 307.622 and maintains a child fatality review board. Death of a child due to abuse or neglect: Meigs County DJFS’s role is limited to protecting siblings of the deceased child; the appropriate law enforcement agency is responsible for the criminal investigation. Death of a child in PCSA custody: the PCSA follows OAC rules 5180:2-33-14 and 5180:2-42-89.

The PCSA follows OAC 5180:2-36-07. Withholding of medically indicated treatment is the refusal to provide appropriate nutrition, hydration, medication, or other treatment to a disabled infant with a life-threatening condition. Medically indicated treatment is the care most likely to relieve or correct the condition; reasonable medical judgments of a prudent physician or treatment team are considered, and a future “quality of life” judgment does not bear on whether treatment is medically indicated, except as listed in OAC 5180:2-36-07(A)(3)(a-d).

When a report is screened in using the Traditional Pathway, Meigs County DJFS Children Services cross-refers reports alleging child abuse or neglect. When it is believed a crime has occurred, MCDJFS submits a referral for criminal investigation to the law enforcement agency in the jurisdiction where the alleged crime took place.

When MCDJFS becomes aware that an individual is aiding, abetting, inducing, causing, encouraging, or contributing to a child becoming a dependent child (ORC 2151.04), neglected child (2151.03), unruly child (2151.022), or delinquent child (2152.02), MCDJFS contacts law enforcement to conduct a criminal investigation. Likewise, when a person causes a child in MCDJFS custody to leave that custody without consent, MCDJFS refers the matter to law enforcement.

Upon learning that a minor child has run away or is otherwise missing: an MOU signatory agency coordinates with the custodian to report concerns to law enforcement in the appropriate jurisdiction; law enforcement enters known information into the National Crime Information Center (NCIC) if the child is in PCSA custody and takes prompt action to locate the child; law enforcement notifies the child’s parents/guardian that information was entered into NCIC; and the PCSA contacts the National Center for Missing and Exploited Children (NCMEC) if the child is in PCSA custody. The PCSA provides assistance and relevant information upon request, and all MOU signatory agencies notify the PCSA when a child known or suspected to be abused or neglected runs away or goes missing.

Emergency removal is necessary when the child is at imminent risk of harm and in need of protection. An ex parte order may be issued with or without a complaint. Juv. R. 6 orders may be issued in-person, by phone, or by video conference where reasonable grounds exist to believe removal is necessary to prevent immediate or threatened physical or emotional harm. Findings are made regarding reasonable efforts; if temporary custody is granted to the PCSA, a shelter care hearing is scheduled the next business day (no later than 72 hours). If the ex parte motion is denied, a shelter care hearing is set within ten days of filing.

Upon receiving a report, the PCSA commences an investigation per ORC 2151.421. If the case rises to court involvement, the PCSA files a complaint per ORC 2151.27, and the matter is set for a shelter care/preliminary protective hearing. Reasonable notice is provided to parents/guardian/custodian, parties are served and advised of their right to counsel, counsel is appointed for children when abuse is alleged, and a guardian ad litem is appointed to all children who are subjects of proceedings. The judicial fact finder determines probable cause, the need for protection, availability of relatives/kin for temporary custody, and whether reasonable efforts were made.