FCASMTL 376 (Amendments to Children Services Licensing OAC Rules in chapter 5101:2-5 and 2-7)
Family, Children and Adult Services Manual Transmittal Letter No. 376
February 9, 2017
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendments to Children Services Licensing OAC Rules in chapter 5101:2-5 and 2-7.

This letter transmits six amended rules surrounding foster care updates as a result of the Five Year Review and for rule updates. These rules will be effective March 1, 2017. The following is a brief explanation of the changes:

OAC rule 5101:2-5-09.1, entitled "Criminal records check required for certain prospective employees and certified foster caregivers," provides guidance to agencies on the requirements for criminal records checks for agency employees as well as for foster caregivers. Paragraphs (A), (K) and (N) were amended to include a reference to section 2151.86 of the Revised Code in regard to conducting criminal records checks.

OAC rule 5101:2-5-26, entitled "Procedures for revocation, denial of initial certification or denial of recertification of a foster home certificate," provides guidance to agencies on what an agency must do to deny a foster home certificate. Paragraphs (B), (D) and (E) were amended for clarification. No substantive changes were made.

OAC rule 5101:2-5-28, entitled "Agency cause for denial of initial certification, denial of recertification or revocation of a foster home certificate," provides guidance to agencies on valid reasons for denial or revocation of a foster home certificate. Paragraph (A)(13) was added to reference section 5103.0326 of the Revised Code.

OAC rule 5101:2-5-32, entitled "Occupancy limitations and accessibility," provides guidance to agencies on occupancy limits in foster homes. Paragraph (B) was amended to add and clarify exceptions to each occupancy limit listed in the paragraph. These exceptions existed for the total number of children in the home but were never expanded to include the limits in paragraph (B) prior to this change.

OAC rule 5101:2-5-35, entitled "Children's rights," provides guidance to agencies on the rights of a child placed in foster care. Paragraph (A) was amended for clarification. No substantive changes were made.

OAC rule 5101:2-7-08, entitled "Alternative Care Arrangements," provides guidance to agencies on the requirements for babysitting and other child care arrangements for foster children by the foster caregivers. A new paragraph (C) was added to clarify how the reasonable and prudent parent standard affects alternative care arrangements.

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 5101:2‑5‑09.1OAC 5101:2‑5‑09.1
 OAC 5101:2‑5‑26OAC 5101:2‑5‑26
 OAC 5101:2‑5‑28OAC 5101:2‑5‑28
 OAC 5101:2‑5‑32OAC 5101:2‑5‑32
 OAC 5101:2‑5‑35OAC 5101:2‑5‑35
 OAC 5101:2‑7‑08OAC 5101:2‑7‑08
Transmittal Letters FCASMTL No. 376