Ohio Code 340.15 – Referral of parent, guardian, or custodian of child at imminent risk of being abused or neglected
(A) A public children services agency that identifies a child by a risk assessment conducted pursuant to section 5153.16 of the Revised Code as being at imminent risk of being abused or neglected because of an addiction of a parent, guardian, or custodian of the child to a drug of abuse or alcohol shall refer the child’s parent, guardian, or custodian and, if the agency determines that the child needs alcohol and drug addiction services, the child to a community addiction services provider. A public children services agency that is sent a court order issued pursuant to division (B) of section 2151.3514 of the Revised Code shall refer the addicted parent or other caregiver of the child identified in the court order to a community addiction services provider. On receipt of a referral under this division and to the extent funding identified under division (A)(2) of section 340.08 of the Revised Code is available, the provider shall provide the following services to the parent, guardian, custodian, or caregiver and child in need of addiction services:
Terms Used In Ohio Code 340.15
- Child: includes child by adoption. See Ohio Code 1.59
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(1) If it is determined pursuant to an initial screening to be needed, assessment and appropriate treatment;
(2) Documentation of progress in accordance with a treatment plan developed for the parent, guardian, custodian, caregiver, or child;
(3) If the referral is based on a court order issued pursuant to division (B) of section 2151.3514 of the Revised Code and the order requires the specified parent or other caregiver of the child to submit to alcohol or other drug testing during, after, or both during and after, treatment, testing in accordance with the court order.
(B) The services described in division (A) of this section shall have a priority as provided in the community addiction and mental health plan and budget established pursuant to sections 340.03 and 340.08 of the Revised Code. Once a referral has been received pursuant to this section, the public children services agency and the community addiction services provider shall, in accordance with 42 C.F.R. part 2, share with each other any information concerning the persons and services described in that division that the agency and provider determine are necessary to share. If the referral is based on a court order issued pursuant to division (B) of section 2151.3514 of the Revised Code, the results and recommendations of the community addiction services provider also shall be provided and used as described in division (D) of that section. Information obtained or maintained by the agency or provider pursuant to this section that could enable the identification of any person described in division (A) of this section is not a public record subject to inspection or copying under section 149.43 of the Revised Code.
Last updated March 10, 2023 at 11:00 AM