FCASMTL 408 (Amendments to Children Services Licensing OAC Rules in Chapter 5101:2-5 and 2-33)
Family, Children and Adult Services Manual Transmittal Letter No. 408
March 20, 2019
TO: Family, Children and Adult Services Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Amendments to Children Services Licensing OAC Rules in chapter 5101:2-5 and 2-33.

This letter transmits eight amended rules surrounding foster care updates as a result of the Five-Year Review. These rules will be effective May 1, 2019. The following is a brief explanation of the changes:

OAC rule 5101:2-5-04, entitled " Recertification of an agency to perform specific functions," provides guidance to agencies on the process for agency recertification. Paragraph (A) was amended to update the revision date on the JFS 01290 form. No other changes were made.

OAC rule 5101:2-5-13.1, entitled "Disaster preparedness plan requirements," provides guidance to agencies on requirements in case of a disaster. Paragraph (A) was amended to remove dated language. No substantive changes were made.

OAC rule 5101:2-5-27, entitled "Agency procedure for the termination of a foster home certificate," provides guidance to agencies on how to terminate a foster home certificate. Paragraph (B) was removed as the information was outdated. No other changes were made.

OAC rule 5101:2-5-29, entitled "Agency requirements for foster home records," provides guidance to agencies on foster home records. Paragraph (E) was amended to remove dated language. No other changes were made.

OAC rule 5101:2-5-36, entitled "Additional requirements for an agency that acts as a representative of ODJFS in recommending treatment foster homes for certification," provides guidance to agencies on additional requirements for treatment foster homes. Paragraphs (O)(2) and (O)(3) were amended to break out the paragraphs for clarification and to align the rule with rule 5101:2-7-16 of the Administrative Code.

OAC rule 5101:2-5-37, entitled "Additional requirements for an agency that acts as a representative of ODJFS in recommending medically fragile foster homes for certification," provides guidance to agencies on more specific requirements for medically fragile foster homes. Paragraph (Q) amended to break out the paragraphs for clarification and to align the rule with rule 5101:2-7-17 of the Administrative Code.

OAC rule 5101:2-5-40, entitled "Preplacement and continuing training programs," provides guidance to agencies on creation and maintenance of foster caregiver training programs. Paragraph (B) was amended to add a reference regarding amendments to the training plan.

OAC rule 5101:2-33-80, entitled "Rapback," provides guidance to agencies concerning the process of criminal records hits received as a result of the Rapback system. Paragraph (C) was removed due to referring to an outdated form. Paragraph (D) was amended to ensure all agencies enter the proper information into SACWIS. Other changes were made throughout the rule due to procedural changes that have occurred since the last rule review.

INSTRUCTIONS: The following chart depicts the material that should be deleted from the Family, Children and Adult Services Manual (FCASM) and the materials that are to be inserted in the FCASM.

LOCATION REMOVE AND FILE AS OBSOLETE INSERT/REPLACEMENT
Foster Care Licensing OAC 5101:2‑5‑04 OAC 5101:2‑5‑04
  OAC 5101:2‑5‑13.1 OAC 5101:2‑5‑13.1
  OAC 5101:2‑5‑27 OAC 5101:2‑5‑27
  OAC 5101:2‑5‑29 OAC 5101:2‑5‑29
  OAC 5101:2‑5‑36 OAC 5101:2‑5‑36
  OAC 5101:2‑5‑37 OAC 5101:2‑5‑37
  OAC 5101:2‑5‑40 OAC 5101:2‑5‑40
Management and Administration OAC 5101:2‑33‑80 OAC 5101:2‑33‑80
Transmittal Letters   FCASMTL No. 408