FCASMTL 468 (Five Year Rule Review Adult Protective Services)
Family, Children and Adult Services Manual Transmittal Letter No. 468
September 9, 2021
TO: Family, Children, and Adult Services Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Rule Review Adult Protective Services

This letter transmits thirteen Ohio Administrative Code (OAC) rules governing the adult protective services (APS) program, including twelve rules requiring five-year rule review along with the addition of one new rule. These rules will become effective October 1, 2021.

The following is a summary of the rules:

OAC 5101:2-20-01 entitled Adult Protective Services Definitions sets forth definitions of terminology used by those working in the APS field. This rule has been amended to update a reference to the Ohio Revised Code and to remove a definition.

OAC 5101:2-20-02 entitled Ohio Database for Adult Protective Services (ODAPS) sets forth the requirements for the collection and submission of APS data in the ODAPS system. This rule has been amended to remove a form revision date.

OAC 5101:2-20-03 entitled Adult Protective Services Designated Agency Provisions sets forth requirements which allow county departments of job and family services (CDJFS) to designate an agency to investigate and evaluate the need for adult protective services. This rule has been amended to update a reference to the Ohio Revised Code.

OAC 5101:2-20-04 entitled Adult Protective Services Case Records sets forth the requirements for developing and maintaining case records for each adult referred to the APS program. This rule has been amended for spelling corrections.

OAC 5101:2-20-05 entitled Confidentiality and Dissemination of Adult Protective Services Information outlines the confidential nature of adult abuse, neglect, or exploitation reports and specifies when release of such information is required or permissible. This rule has been amended to update a reference to the Ohio Revised Code.

OAC 5101:2-20-06 entitled The County Adult Protective Services Memorandum of Understanding sets forth the requirements for the CDJFS and their designated agencies when creating a memorandum of understanding. There is no change to this rule.

OAC 5101:2-20-07 entitled Education and In-service Training Requirements for APS Caseworkers and Supervisors sets forth the training requirements for APS caseworkers and supervisors. This rule has been amended for clarification of those required to complete training.

OAC 5101:2-20-11 entitled Adult Protective Services Screening sets forth the requirements for the receiving and screening of written and/or oral referrals of adult abuse, neglect, or exploitation. This rule has been amended to clarify the timeframe for completing a screening decision.

OAC 5101:2-20-12 entitled Adult Protective Services Assessment and Investigation sets forth the requirements for the CDJFS, and their designated agencies, to use the assessment and investigation of adult abuse, neglect, or exploitation. This rule has been amended to clarify language and correct spelling.

OAC 5101:2-20-13 entitled Adult Protective Services Third Party Investigation sets forth the requirements for the CDJFS, or their designee, during the investigation of adult abuse, neglect, or exploitation if there is a conflict of interest. This rule has been amended to update a reference to the Ohio Revised Code.

OAC 5101:2-20-14 entitled Requirement for Cross-referring Reports of Elder Abuse, Neglect, or Exploitation sets forth the requirements for a CDJFS to make a referral to an outside agency.  There is no change to this rule.

OAC 5101:2-20-16 entitled Service Planning and Case Review for Adult Protective Services sets forth the requirements for the CDJFS, or their designee, during the delivery of protective services. This rule has been amended to update a reference to the Ohio Revised Code.

OAC 5101:2-20-17 entitled Adult Protective Services Disaster Preparedness Plan Requirements is a new rule that sets forth the requirements for the CDJFS, or their designee, to have a plan to continue operations in instances of a disaster.

INSTRUCTIONS: The following chart indicates 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
Social Services 5101:2‑20‑01 5101:2‑20‑01
  5101:2‑20‑02 5101:2‑20‑02
  5101:2‑20‑03 5101:2‑20‑03
  5101:2‑20‑04 5101:2‑20‑04
  5101:2‑20‑05 5101:2‑20‑05
  5101:2‑20‑06 5101:2‑20‑06
  5101:2‑20‑07 5101:2‑20‑07
  5101:2‑20‑11 5101:2‑20‑11
  5101:2‑20‑12 5101:2‑20‑12
  5101:2‑20‑13 5101:2‑20‑13
  5101:2‑20‑14 5101:2‑20‑14
  5101:2‑20‑16 5101:2‑20‑16
    5101:2‑20‑17
Transmittal Letters   FCASMTL No. 468