FCASMTL 475 (Amendments to Children Services Licensing OAC Rules in Chapter 5101:2-5)
Family, Children and Adult Services Manual Transmittal Letter No. 475
September 29, 2021
TO: Family, Children, and Adult Services Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Amendments to Children Services Licensing OAC Rules in Chapter 5101:2-5

This letter transmits the amendment of four rules related to foster care that are being amended as a result of the passage of HB 8 of the 134th General Assembly and five-year review.  The rules will be effective October 15, 2021.

The following is a brief explanation of the changes:

OAC 5101:2-5-02 entitled Application for an Agency to Perform Specific Functions; Amended Applications provides guidance to agencies on the process of applying for certification.  Paragraph (A) was amended to remove the date from form JFS 01290.

OAC 5101:2-5-03 entitled Certification of an Agency to Perform Specific Functions provides guidance to agencies regarding the functions for which an agency may receive a certificate.  A new paragraph (E) was added to specify the length of an agency certificate, along with reasons for a possible extension.  Paragraph (G) was amended to remove specific rule chapter numbers.

OAC 5101:2-5-04 entitled Recertification of an Agency to Perform Specific Functions provides guidance to agencies regarding the procedure for recertifying.  Paragraph (E) was amended to reference the new extension process as prescribed in rule 5101:2-5-03 of the Administrative Code.

OAC 5101:2-5-13 entitled Required Agency Policies, Plans and Procedures provides guidance to agencies on what specific policies and plans are required.  A new paragraph (A)(17) was added to ensure that an agency operating a residential facility has a policy that complies with the qualified residential treatment program (QRTP) requirements as described in rule 5101:2-9-42 of the Administrative Code.

INSTRUCTIONS:

The following chart indicates the materials that should be removed from the Family, Children and Adult Service Manual (FCASM) and the materials that are to be inserted in the FCASM.

LOCATION REMOVE AND FILE AS OBSOLETE INSERT/REPLACEMENT
Foster Care Licensing 5101:2‑5‑02 5101:2‑5‑02
  5101:2‑5‑03 5101:2‑5‑03
  5101:2‑5‑04 5101:2‑5‑04
  5101:2‑5‑13 5101:2‑5‑13
Transmittal Letters   FCASMTL No. 475