FCASMTL 322 (Amendments to Social Services Rules in Chapter 5101:2-52)
Family, Children and Adult Services Manual Transmittal Letter No. 322
May 19, 2014
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia Dungey, Director
SUBJECT: Amendments to Social Services Rules in Chapter 5101:2-52

This letter transmits three amended rules and one new rule regarding interstate compact updates as a result of the Five Year Review (FYR) and changes to the Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) regulations. These rules will be effective May 16, 2014.

The following is a brief explanation of the changes:

OAC rule 5101:2-52-04 entitled "PCSA Responsibilities for Interstate Compact on the Placement of Children" has been amended to be entitled "PCSA responsibilities for the Interstate Compact on the Placement of Children." The rule outlines the procedures and responsibilities for public agencies receiving and sending children for placement across state lines. Changes were made to the rule as part of the Partnership for Ohio's Families (PFOF) Rule Review rule review process and to bring it into compliance with new regulations of the AAICPC. Language from the new regulations was added to outline all documentation needed for a PCSA to make an ICPC request, conditions for priority requests, and responsibilities when a PCSA receives an ICPC request.

OAC rule 5101:2-52-06 entitled "Responsibilities Applicable to Interstate Placement of Children when a PCPA, PNA, or Court is the Sending or Receiving Agency" has been amended to be entitled "Requirements applicable to interstate placement of children when the PCPA, PNA, or court is the receiving agency." The rule outlines the procedures and responsibilities for private agencies and courts receiving children for placement across state lines. Significant changes were made to the rule as part of the PFOF rule review process and to better reflect regulations of the AAICPC. Language regarding the requirements for sending an ICPC request has been removed from this rule and placed in 5101:2-52-08 and 5101:2-52-10. Language outlining the documentation required when approving a home through an ICPC request and detailing the requirements for submission of progress reports was added.

OAC rule 5101:2-52-08, entitled "Interstate Placement Requirements for Ohio Parents or Legal Guardians when Placing Their Child into Another State or Territory" has been amended to be entitled "Interstate placement requirements for Ohio parents, legal guardians, or private entities when placing a child into another state or territory for adoption." The rule outlines the procedures and responsibilities for parents, legal guardians and private entities placing children in adoptive homes across state lines. Significant changes were made to the rule as part of the PFOF rule review process and to better reflect regulations of the AAICPC. All language regarding placements other than adoptive placements was removed from the rule and placed in rule 5101:2-52-10. The definition of "visit", as defined in the Interstate Compact on the Placement of Children was added. Language from the new regulations in the Interstate Compact on the Placement of Children was added to outline the documentation required when requesting to make an adoptive placement across state lines.

OAC rule 5101:2-52-10, entitled "Interstate placement requirements for Ohio courts, parents, or legal guardians, when placing a child in a residential placement in another state or territory" has been created to outline the procedures and responsibilities for parents, legal guardians or courts when placing children in residential facilities across state lines. The requirements in this rule are not new, but were previously listed under other rules and have been separated out for better clarity.

INSTRUCTIONS: The following chart identifies the material that should 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 ServicesOAC 5101:2‑52‑04OAC 5101:2‑52‑04
 OAC 5101:2‑52‑06OAC 5101:2‑52‑06
 OAC 5101:2‑52‑08OAC 5101:2‑52‑08
  OAC 5101:2‑52‑10
Transmittal Letters FCASMTL No. 322