FCASMTL 228 (FYR of 5101:2-42 rules)
Family, Children and Adult Services Manual Transmittal Letter No. 228
November 20, 2008
TO: All Family, Children and Adult Services Manual Holders
FROM: Helen E. Jones-Kelley, Director
SUBJECT: Amendments to Substitute Care Administrative Code Rules in Chapter 5101:2-42.

This letter transmits Ohio Administrative Code (OAC) rules governing Substitute Care that were amended as a result of the five year rule review. The following is a brief explanation of the changes. These rules will be effective December 19, 2008.

OAC 5101:2-42-05 entitled Selection of a placement setting sets forth the requirements of a public children services agency (PCSA) or private child placing agency (PCPA) placing a child in the least restrictive substitute care setting. The only changes to the rule were formatting changes.

OAC 5101:2-42-09 entitled Acceptance of permanent custody by permanent surrender sets forth the requirements and responsibility of the PCSA, PCPA, parents, guardians or other persons having custody of a child in entering into an agreement with a PCSA or PCPA to voluntarily surrender a child into the permanent custody of an agency. The only changes to the rule were formatting changes.

OAC 5101:2-42-18 entitled PCSA and PCPA approval of placements with relative and nonrelative substitute caregivers sets forth the requirements of the PCSA or PCPA having custody of a child to consider approving and placing a child with a relative or nonrelative if the placement is determined to be in the child's best interest. This rule was amended to include language regarding the requirements of the BCII checks for prospective relative or nonrelative placements and to include language regarding child and neglect checks in SACWIS on prospective caregivers and others in the home. Formatting changes were also made.

OAC 5101:2-42-67 entitled Preparation of lifebook sets forth the requirements of a PCSA or PCPA in preparing a lifebook for a child that has remained in substitute care for longer than twelve months. This rule was amended to include language that may be incorporated in a child's lifebook, gender appropriate language and to define PCSA and PCPA.

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 into the FCASM.

LOCATIONREMOVE AND FILE AS OBSOLETEINSERT/REPLACEMENT
Social Services 5101:2‑42‑05
5101:2‑42‑09
5101:2‑42‑18
5101:2‑42‑67
5101:2‑42‑05
5101:2‑42‑09
5101:2‑42‑18
5101:2‑42‑67
Transmittal Letters FCASMTL No. 228