** Archive **
FCASMTL 114 (CAPTA - Archive)
Family, Children and Adult Services Manual Transmittal Letter No. 114
May 9, 2001
TO: Family, Children and Adult Services Manual Holders
FROM: Jo Ann Davidson, Director
SUBJECT: REVISIONS TO OHIO ADMINISTRATIVE CODE RULES AS A RESULT OF THE CHILD ABUSE PREVENTION AND TREATMENT ACT (CAPTA)

The Child Abuse Prevention and Treatment Act (CAPTA) requires that States have in place an appeals process by which an individual who is officially found to have committed child abuse or neglect can appeal such a finding.

As a result of this act, the department is revising the existing Ohio Administrative Code (OAC) rule governing PCSA grievance review policies. The effective date of this rule is May 1, 2001.

A brief explanation of the rule revision appears below.

OAC Rule NumberBrief Explanation of Proposed Changes
5101:2-33-04
(Revised)
(B) Outlines changes to the contents of the grievance policy
(B)(2) Specifies the office or individual(s) involved in conducting the grievance review
(B)(2)(a) Specifies that the office or individual(s) cannot be directly involved in the assessment or investigation of the incident or the approval of the case disposition
(B)(2)(b) Specifies that the office or individual(s) must have the authority to overturn an original disposition
(B)(3) Establishes reasonable time frames for requesting a grievance policy
(B)(4) Specifies the method by which the PCSA will provide and communicate the grievance policies to individuals who are hearing or visually impaired or speak a language other than English
(C) Specifies that the notification of the right to appeal the case disposition and the method for filing an appeal shall be provided in writing to the alleged perpetrator at the time of the official notification of the case disposition
(D) Specifies that written copies of the grievance review policy be provided to an individual within three working days of the request being made

INSTRUCTIONS:

The following chart depicts what materials are to be removed from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.

LOCATIONREMOVE AND FILE AS OBSOLETEINSERT/REPLACEMENT
SOCIAL SERVICES5101:2-33-045101:2-33-04