FCASMTL 333 (Amendments to Children Services Licensing Rules in Chapters 5101:2-7)
Family, Children and Adult Services Manual Transmittal Letter No. 333
June 5, 2014
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendments to Children Services Licensing Rules in Chapters 5101:2-7.

This letter transmits twelve amended rules surrounding foster care updates as a result of the five year review. These rules will be effective July 1, 2014.

The following is a brief explanation of the changes:

OAC rule 5101:2-7-02, entitled "General requirements for foster caregivers and applicants" provides guidance to foster caregivers on the requirements needed to be a foster caregiver. Paragraph (V) was amended for clarity. No substantive changes were made.

OAC rule 5101:2-7-03, entitled "The care and treatment team" provides guidance to foster caregivers to participate in providing and discussing the care and services provided to a foster child. A new paragraph (D) was added to ensure the foster caregiver does not prohibit the foster child from participating in independent living services. No other substantive changes were made.

OAC rule 5101:2-7-04, entitled "Records and confidentiality" provides guidance to foster caregivers regarding the records the caregiver is required to keep. No substantive changes were made.

OAC rule 5101:2-7-05, entitled "Sleeping arrangements" provides guidance to foster caregivers about sleeping arrangements in the home of the care giver. No substantive changes were made.

OAC rule 5101:2-7-06, entitled "Meals" provides guidance to foster caregivers about meals to be provided to children in care. A new paragraph (A)(6) was added to ensure that if more than four hours elapse between any two meals or if fourteen hours elapse between the evening meal and breakfast, a nutritious snack must be available.

OAC rule 5101:2-7-07, entitled "Health services" provides guidance to foster caregivers regarding health care for children in foster care. Paragraph (B)(2) was amended to clarify that medication for children in care must be kept in the original container.

OAC rule 5101:2-7-09, entitled "Care, supervision and care" provides guidance to foster caregivers on the treatment and supervision required to be provided to a child in care. Paragraphs (D), (E) and (N) were amended to include gender, sexual identity and sexual orientation in the list of discriminatory descriptions. Paragraph (G) was amended to only allow physical restraint by a caregiver when there is an imminent risk of physical harm.

OAC rule 5101:2-7-10, entitled "Care of a foster child under age two" provides guidance to foster caregivers for the care of a foster child under age two. Paragraph (A) was amended to clarify that the only cribs that can be used in a foster home must be compliant with the U.S. Consumer Product Safety Commission.

OAC rule 5101:2-7-12, entitled "Site and safety requirements for a foster home" provides guidance to foster caregivers on the proper safety items and procedures in a foster home. Paragraph (I) was amended to clarify that storage areas where a child might be confined must be large enough to walk in. Paragraph (Q) was amended to state that all unvented heaters that burn kerosene or oil shall not be used. A new paragraph (W) was added to state that all prescription drugs in a foster home must be stored in a locked cabinet or storage area except that an inhaler or medication may be left unlocked if a person has a special health condition that requires the inhaler or medication to be immediately available.

OAC rule 5101:2-7-13, entitled "Foster home certificate" provides guidance to foster caregivers on the certificate for a foster home. No substantive changes were made.

OAC rule 5101:2-7-14, entitled "Required notification" provides guidance to foster caregivers on when to notify the agency in case of certain events. Some items were amended for clarity. No substantive changes were made.

OAC rule 5101:2-7-16, entitled "Additional requirements for a treatment foster caregiver and a treatment foster home" provides guidance to foster caregivers about what is needed to provide services to treatment level foster children. No substantive changes were made.

OAC rule 5101:2-7-17, entitled "Additional requirements for a medically fragile foster caregiver and a medically fragile foster home" provides guidance to foster caregivers what is needed to provide services to medically fragile children. Paragraph (D)(2) was amended to add additional types of professionals to the list to be able to house five medically fragile foster children. Other non-substantive changes were made throughout the rule.

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
Foster Care LicensingOAC 5101:2‑7‑02OAC 5101:2‑7‑02
 OAC 5101:2‑7‑03OAC 5101:2‑7‑03
 OAC 5101:2‑7‑04OAC 5101:2‑7‑04
 OAC 5101:2‑7‑05OAC 5101:2‑7‑05
 OAC 5101:2‑7‑06OAC 5101:2‑7‑06
 OAC 5101:2‑7‑07OAC 5101:2‑7‑07
 OAC 5101:2‑7‑09OAC 5101:2‑7‑09
 OAC 5101:2‑7‑10OAC 5101:2‑7‑10
 OAC 5101:2‑7‑12OAC 5101:2‑7‑12
 OAC 5101:2‑7‑13OAC 5101:2‑7‑13
 OAC 5101:2‑7‑14OAC 5101:2‑7‑14
 OAC 5101:2‑7‑16OAC 5101:2‑7‑16
 OAC 5101:2‑7‑17OAC 5101:2‑7‑17
Transmittal Letters FCASMTL No. 333