This letter transmits Ohio Administrative Code (OAC) rules 5101:2-33-26 and 5101:2-36-12. OAC 5101:2-33-26 has been amended due to the passage of House Bill 4 and sets forth Public Children Services Agency (PCSA) requirements when developing and submitting the county memorandum of understanding (MOU) for compliance determination. OAC 5101:2-36-12 has been amended due to the passage of House Bill 4 and sets forth PCSA requirements for cross-referring reports of child abuse and/or neglect to law enforcement. These rules will become effective 9/15/2022.

The following is a brief explanation of the changes to these rules:

OAC 5101:2-33-26 entitled The County Child Abuse and Neglect Memorandum of Understanding has been amended to outline PCSA requirements for ensuring that the county MOU is signed by specified community partners, approved by the local county commissioners, and submitted to ODJFS biennially. The rule also outlines actions the PCSA is to take if their county’s MOU is determined compliant or non-compliant by ODJFS, if a required official refuses to sign the MOU, and if the PCSA revises a previously approved MOU. Paragraphs within the rule have also been restructured and re-worded to promote clarity. Additionally, a new form has been developed to assist PCSAs in implementing the new MOU requirements. The JFS 01425 Model Memorandum of Understanding to Address Child Abuse and Neglect provides an outline and template that PCSAs may use to establish MOUs that meet the statutory requirements.

OAC 5101:2-36-12 entitled PCSA Requirement for Cross-referring Reports of Child Abuse and/or Neglect has been amended to include language to reflect the statutory requirement for PCSAs to cross-refer screened-in reports of child abuse to the appropriate law enforcement authority. Language was also added to detail which screened-in reports of child neglect must be cross-referred to law enforcement. These revisions were made to increase communication with law enforcement on cases necessitating a safety plan while promoting PCSA discretion around additional communication with law enforcement. Wording was also updated to include contacting licensing and supervising authorities for qualified residential treatment programs as applicable.

INSTRUCTIONS:

The following chart indicates the materials that should be removed from the Family, Children and Adult Services Manual (FCASM) and the materials that should be added.