FCASMTL 387 (Amendments to Children Services Licensing OAC Rules in Chapter 5101:2-5 and 2-9)
Family, Children and Adult Services Manual Transmittal Letter No. 387
September 14, 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 2-9

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

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.  Paragraphs (A)(1), (C) and (E) were amended for clarity to reference the proper paragraphs.  No other changes were made.

OAC rule 5101:2-5-32, entitled "Occupancy limitations and accessibility," provides guidance on the limits for the number of foster children placed in a home based on certain criteria.  Paragraph (B) was amended to clarify the exceptions for the capacity limits.

OAC rule 5101:2-5-38, entitled "Payment of foster caregiver training stipends; reimbursement of training allowances to recommending agencies," provides guidance to agencies on the requirements for the processing of foster caregiver training stipends and training allowance payments.  Paragraph (B)(c)(i) was amended to require the agency that recommends a foster caregiver for certification to be responsible for entering the pre-placement training into the state system and providing the stipend payment to the caregiver upon certification.  Paragraph (D)(1) was amended to allow a private agency to enter pre-placement training into the state system in order to receive a training allowance prior to certification of the caregiver.

OAC rule 5101:2-9-36, entitled "Additional requirements for children's crisis care facilities," provides guidance to agencies on what an agency must do if the agency is certified as a crisis care facility.  Paragraph (H) was added to assist facilities by implementing a new engagement plan in place of the service plan and case plan. Paragraph (T) was added to bring awareness to new legislation described in section 5103.132 of the Revised Code.

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.

LOCATION REMOVE AND FILE AS OBSOLETE INSERT/REPLACEMENT
Foster Care Licensing OAC 5101:2‑5‑28 OAC 5101:2‑5‑28
  OAC 5101:2‑5‑32 OAC 5101:2‑5‑32
  OAC 5101:2‑5‑38 OAC 5101:2‑5‑38
  OAC 5101:2‑9‑36 OAC 5101:2‑9‑36
Transmittal Letters   FCASMTL No. 387