This letter transmits revisions to the following Ohio Administrative Code (OAC) rules: 5101:2-38-01; 5101:2-38-02; 5101:2-38-05; 5101:2-38-08; 5101:2-38-09; 5101:2-38-10; 5101:2-38-20; 5101:2-39-01, 5101:2-39-03; 5101:2-39-10; 5101:2-39-11; 5101:2-39-30; and 5101:2-40-02. In addition, it creates new OAC rules 5101:2-38-03; 5101:2-38-06 and 5101:2-38-07 for consistency and clarity in language. Forms JFS 01412, JFS 01412-I, JFS 01416 and JFS 01416-I are amended as well. These rules were revised as a result of the Partners for Ohio's Families (PFOF) Rule Review Initiative. These changes will be effective May 30, 2014.

The following is a brief explanation of the changes.

OAC 5101:2-38-01 entitled Requirements for PCSA case plan for in-home supportive services without court order sets forth the requirements that apply to the public children services agency (PCSA) for completing the case plan and case review. This rule is being amended to provide consistency and clarity in language, correct paragraph references within the rule, and 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 to provide consistency and clarity in language and correct the revision dates of CAPMIS tools.

OAC 5101:2-38-03 entitled Protective supervision by PCPAs sets forth the requirements that apply to the private child placing agency (PCPA) protective supervision cases. This new rule incorporates requirements previously outlined in rule 5101:2-39-30 of the Administrative Code which is being rescinded. Language is amended to provide consistency and clarity in language and correct the revision dates 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. References for a child of Indian heritage or tribal eligibility have been added. This rule is being amended to provide consistency and clarity in language, correct paragraph references within the rule, and correct the revision dates of CAPMIS tools.

OAC 5101:2-38-06 entitled Required contents of a PCPA case plan document sets forth the content requirements for PCPA case plans. This new rule incorporates requirements previously outlined in rule 5101:2-39-11 of the Administrative Code which is being rescinded. Language is amended to provide consistency and clarity in language.

OAC 5101:2-38-07 entitled PCPA case plan for children in custody or under court-ordered protective supervision sets forth the requirements that apply to the PCPA case plans for children in custody or under protective supervision. This new rule incorporates requirements previously outlined in rule 5101:2-39-10 of the Administrative Code which is being rescinded. References for a child of Indian heritage or tribal eligibility have been added. Language is amended to provide consistency and clarity in language, correct paragraph references within the rule, and correct the revision dates of CAPMIS tools.

OAC 5101:2-38-08 entitled Child's education and health information sets forth the requirements of the PCSA to complete, update, provide copies, and maintain the Child's Education and Health Information form. This rule is being amended to provide consistency and clarity in language.

OAC 5101:2-38-09 entitled PCSA requirements for completing the case review sets forth the requirements that apply to the PCSA for completing the case review. This rule is being amended to provide consistency and clarity in language, correct paragraph references within the rule, and 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 PCSA and PCPA for completing the semiannual administrative review. References for a child of Indian heritage or tribal eligibility have been added. This rule is being amended to provide consistency and clarity in language, correct paragraph references within the rule, and correct the revision dates of CAPMIS tools.

OAC 5101:2-38-20 entitled PCSA requirements for providing on-going services in alternative response sets forth the PCSA requirements for cases receiving on-going services within the alternative response pathway. This rule is being amended to provide consistency and clarity in language, correct paragraph references within the rule, and correct the revision dates of CAPMIS tools.

OAC 5101:2-39-01 entitled Removal of a child from his or her own home sets forth the PCSA and PCPA requirements if a determination is made that a child cannot be safely maintained in his or her own home. This rule is being amended to provide consistency and clarity in language, correct paragraph references within the rule, and correct the revision dates of CAPMIS tools. References for a child of Indian heritage or tribal eligibility have been added.

OAC 5101:2-39-03 entitled Emergency 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 to provide consistency and clarity in language and correct a rule reference.

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 PCPA case plans for children in custody or under protective supervision. This rule is being rescinded and the language is being incorporated into new rule 5101:2-38-07 of the Administrative Code.

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 rescinded and the language is being incorporated into new rule 5101:2-38-06 of the Administrative Code.

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 rescinded and the language is being incorporated into new rule 5101:2-38-03 of the Administrative Code.

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 to provide consistency and clarity in language.

FORMS:

JFS 01412 entitled Comprehensive Assessment Planning Model - I.S. Semiannual Administrative Review (SAR) (rev.1/2014) is being revised to provide consistency with JFS 01416.

JFS 01412-I entitled Comprehensive Assessment Planning Model - I.S. Semiannual Administrative Review Instructions (rev.1/2014) is being revised to include the revisions made to the JFS 01412.

JFS 01416 entitled Semiannual administrative review for private child placing agencies (rev. 1/2014) is required to be completed by the PCPA pursuant to rule 5101:2-38-10 of the Administrative Code. New language is added for PCPAs due to the amendment of 5101:2-38-10 which requires youths, sixteen years and older, who are in substitute care to receive their credit reports annually.

JFS 01416-I entitled Semiannual administrative review for private child placing agencies instructions (rev.1/2014) is revised to incorporate 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.