FCASMTL 274 (Kinship Care & Fostering Connections)
Family, Children and Adult Services Manual Transmittal Letter No. 274
January 7, 2011
TO: All Family, Children and Adult Services Manual Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Amendment of Rules 5101:2-38-05, 5101:2-38-08, 5101:2-38-10, 5101:2-39-01 and 5101:2-39-10 of the Ohio Administrative Code and Revision of Forms JFS 01443, JFS 01413, JFS 01412 and instructions

This letter transmits changes to Ohio Administrative Code (OAC) rules 5101:2-38-05, 5101:2-38-08, 5101:2-38-10, 5101:2-39-01 and 5101:2-39-10 and forms JFS 01443, JFS 01413 and JFS 01412 and instructions, all of which are being amended as a result of HB 197, Kinship Care, and PL 110-351, Fostering Connections to Success and Increasing Adoptions Act of 2008. These changes will be effective December 31, 2010.

The following is a brief explanation of the changes.

OAC 5101:2-38-05, "PCSA case plan for children in custody or under protective supervision" sets forth the requirements that apply to case plans developed by a public children services agency (PCSA) for children in agency custody or under an order of protective supervision. This rule is being amended to include new language requiring efforts to place siblings jointly; to require a written visitation plan for siblings removed from their home and not jointly placed; and to require an explanation of why visitation would be contrary to the safety or well-being of any child not included in the visitation plan. Additional language changes have been made for clarity and consistency, and the revision dates of forms have been updated.

OAC 5101:2-38-08, "Child's education and health information" sets forth the requirements that apply to documenting a child's education and health information. This rule is being amended to require documentation of efforts to maintain a child in the same school the child was attending at the time of placement or reasons why remaining in the same school is not in the child's best interest. New language was added to require documentation of efforts to ensure that the child is enrolled in an educational setting appropriate to the child's needs. Additional language changes have been made for clarity and consistency, and the revision dates of forms have been updated.

OAC 5101:2-38-10, "Requirements for completing the semiannual administrative review" sets forth the requirements that apply to a PCSA and a private child placing agency (PCPA) for completing the semiannual administrative review. This rule is being amended to require documentation of ongoing efforts to identify a potential relative or kin placement for children in substitute care and to update the revision dates of forms.

OAC 5101:2-39-01, "Removal of a child from his or her own home" sets forth the requirements that apply to the PCSA and PCPA for removing a child from his or her home. This rule is being amended to include new language requiring efforts to place siblings jointly, to require written visitation plans for siblings removed from their home and not jointly placed, and to ensure that reasonable efforts are made to maintain a child in the same school the child was attending at the time of placement.

OAC 5101:2-39-10, "PCPA case plan for children in custody or under court-ordered protective supervision" sets forth the requirements that apply to PCPA case plans for children in custody or under protective supervision. This rule is being amended to include new language requiring efforts to place siblings jointly and to require written visitation plans for siblings removed from their home and not jointly placed. Language has been changed to update the rule references for case plan reviews, to provide consistency in language, and to update revision dates of forms.

Forms:

JFS 01443, "Child's Education and Health Information" (rev. 8/2010), is required to be completed by PCSAs and PCPAs when a child is placed in a substitute care setting or when completing the case plan JFS 01410 (rev. 2/2006). This form has been revised to include the amendments set forth in rule 5101:2-38-08 of the OAC.

JFS 01443-I, "Child's Education and Health Information Instructions" (rev. 8/2010), has been revised to incorporate and address the revisions made to the referenced form.

JFS 01413, "Comprehensive Assessment Planning Model - I.S. Case Review" (rev. 8/2010), is required to be completed by PCSAs pursuant to rule 5101:2-38-09 of the OAC. This form has been revised to include the amendments set forth in rule 5101:2-39-01 and 5101:2-39-05 of the OAC.

JFS 01413-I, "Comprehensive Assessment Planning Model - I.S. Case Review Instructions" (rev. 8/2010), has been revised to include and address the revisions made to the referenced form.

JFS 01412, "Comprehensive Assessment Planning Model - I.S. Semiannual Administrative Review (SAR)" (rev. 8/2010), is required to be completed by PCSAs pursuant to rule 5101:2-38-10 of the OAC. This form has been revised to include the amendments set forth in rule 5101:2-38-10 of the OAC.

JFS 01412-I, "Comprehensive Assessment Planning Model - I.S. Semiannual Administrative Review Instructions" (rev. 8/2010), has been revised to include and address the revisions made to the referenced form.

INSTRUCTIONS:

The following chart identifies the material that needs to be removed from the Family, Children and Adult Services Manual (FCASM) and the material that should be added.

LOCATIONREMOVE AND FILE AS OBSOLETEINSERT/REPLACEMENT
Social Services
 
 
 
 
Forms
5101:2‑38‑05
5101:2‑38‑08
5101:2‑38‑10
5101:2‑39‑01
5101:2‑39‑10
JFS 01443
JFS 01443-I
JFS 01413
JFS 01413-I
JFS 01412
JFS 01412-I
5101:2‑38‑05
5101:2‑38‑08
5101:2‑38‑10
5101:2‑39‑01
5101:2‑39‑10
JFS   01443
JFS   01443I
JFS   01413
JFS   01413I
JFS   01412
JFS   01412-I
Transmittal Letters FCASMTL No. 274