FCASMTL 246 (5101:2-37, 2-38, 2-39 FYR, eff. 10/1/2009)
Family, Children and Adult Services Manual Transmittal Letter No. 246
September 4, 2009
TO: All Family, Children and Adult Services Manual Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Ohio Administrative Code Chapters 5101:2-37, 5101:2-38, 5101:2-39 and 5101:2-40 Five Year Review

This letter transmits Ohio Administrative Code (OAC) Chapter 5101:2-37, 5101:2-38, 5101:2- 39 and 5101:2-40 rules which are being amended as a result of the five year review. The effective date of the rules will be October 1, 2009.

The following is a brief explanation of the changes.

OAC 5101:2-37-01 entitled PCSA requirements for completing the safety assessment sets forth the requirements that apply to the public children services agency (PCSA) for completing the safety assessment. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended to clarify language and to correct the revision date of a Comprehensive Assessment and Planning Model - Interim Solution (CAPMIS) tool. New language is added regarding when to complete a safety reassessment and/or safety plan for children.

OAC 5101:2-37-02 entitled PCSA requirements for completing the safety planning sets forth the requirements that apply to the PCSAs for completing the safety plan. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and statewide automated child welfare information system (SACWIS) language, clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect, and the PCSA's process for safety planning.

OAC 5101:2-37-03 entitled PCSA requirements for completing the family assessment sets forth the requirements that apply to the PCSAs for completing the family assessment. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, clarify PCSA requirements for responding to accepted reports of intra-familial abuse or neglect, and to correct the revision date of a CAPMIS tool.

OAC 5101:2-37-04 entitled PCSA requirements for completing the reunification assessment sets forth the requirements that apply to the PCSAs for completing the reunification assessment. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, and clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect. This rule is being proposed for amendment in order to provide consistency in language, synchronize policy and SACWIS language, and clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect.

OAC 5101:2-38-01 entitled Requirements for PCSA case plan and case review sets forth the requirements that apply to the PCSAs for completing the case plan and case review. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect, and to correct the revision dates of CAPMIS tools.

OAC 5101:2-38-02 entitled Protective supervision by PCSAs sets forth the requirements that apply to the PCSA protective supervision cases. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect, and to correct the revision date of CAPMIS tools.

OAC 5101:2-38-05 entitled PCSA case plan for children in custody or under protective supervision sets forth the requirements that apply to the PCSA case plans for children in custody or under protective supervision. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect, and to correct the revision dates of CAPMIS tools. New language has been added regarding federal guidelines when a child is affiliated with an Indian tribe.

OAC 5101:2-38-09 entitled PCSA requirements for completing the case review sets forth the requirements that apply to the PCSAs for completing the case review. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect, and to correct the revision dates of CAPMIS tools.

OAC 5101:2-38-10 entitled Requirements for completing the semiannual administrative review sets forth the requirements that apply to the PCSAs for completing the semiannual administrative review. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect. New language has been added regarding federal guidelines when a child is affiliated with an Indian tribe.

OAC 5101:2-39-03 entitled Removal of a child from substitute care placement sets forth the requirements that apply to the PCSAs for removing a child from substitute care placement. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, and clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect. The rule title has been amended for clarity.

OAC 5101:2-39-10 entitled PCPA case plan for children in custody or under court-ordered protective supervision sets forth the requirements that apply to the private child placing agency (PCPA) case plans for children in custody or under protective supervision. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, and clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect. New language has been added regarding federal guidelines when a child is affiliated with an Indian tribe.

OAC 5101:2-39-11 entitled Required contents of a PCPA case plan document sets forth the content requirements for the PCPA case plans. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, and clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect.

OAC 5101:2-39-30 entitled Protective supervision by PCPAs sets forth the requirements that apply to the PCPA protective supervision cases. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect, and to correct the rule numbers in reference. Amendments include information for PCPAs only. All requirements for regarding PCSA protective supervision cases have been removed.

OAC 5101:2-40-02 entitled Supportive services for prevention of placement, reunification and life skills sets forth the requirements for provision of supportive services. This rule is being amended as a result of the five year review and to clarify child abuse and neglect policy. This rule is being amended in order to provide consistency in language, synchronize policy and SACWIS language, and clarify PCSA requirements for responding to accepted reports of intra-familial child abuse or neglect.

INSTRUCTIONS:

The following chart depicts what materials should be deleted 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 Services 5101:2‑37‑01
5101:2‑37‑02
5101:2‑37‑03
5101:2‑37‑04
5101:2‑38‑01
5101:2‑38‑02
5101:2‑38‑05
5101:2‑38‑09
5101:2‑38‑10
5101:2‑39‑03
5101:2‑39‑10
5101:2‑39‑11
5101:2‑39‑30
5101:2‑40‑02
5101:2‑37‑01
5101:2‑37‑02
5101:2‑37‑03
5101:2‑37‑04
5101:2‑38‑01
5101:2‑38‑02
5101:2‑38‑05
5101:2‑38‑09
5101:2‑38‑10
5101:2‑39‑03
5101:2‑39‑10
5101:2‑39‑11
5101:2‑39‑30
5101:2‑40‑02
Transmittal Letters FCASMTL No. 246