FCASMTL 519 (Five Year Review and Amendment of Rules 5101:2-9-04, 5101:2-9-07, 5101:2-9-09, 5101:2-9-15, 5101:2-9-18, 5101:2-9-26, 5101:2-9-31, 5101:2-9-35)
Family, Children and Adult Services Manual Transmittal Letter No. 519
April 27, 2023
TO: Family, Children and Adult Services Manual Users
FROM: Matt Damschroder, Director
SUBJECT: Five Year Review and Amendment of Rules 5101:2-9-04, 5101:2-9-07, 5101:2-9-09, 5101:2-9-15, 5101:2-9-18, 5101:2-9-26, 5101:2-9-31, 5101:2-9-35

This letter transmits amendments to Ohio Administrative Code (OAC) rules 5101:2-9-04, 5101:2-9-07, 5101:2-9-09, 5101:2-9-15, 5101:2-9-18, 5101:2-9-26, 5101:2-9-31, 5101:2-9-35, as a result of the five-year review. These rules will be effective May 1, 2023.  The following is a brief explanation of the changes:

OAC 5101:2-9-04 entitled General Maintenance of a Residential Facility sets forth guidance on all structures, grounds, furnishings, and equipment used on the grounds of a residential facility be regularly maintained. The amendment within this rule includes the requirement that the facility’s water supply be tested within twelve months prior to initial certification and annually thereafter.

OAC 5101:2-9-07 entitled Emergency Planning and Preparedness sets forth guidance for residential facilities to develop and implement written procedures to follow in emergencies and disasters. The amendment within this rule is the removal the requirement to have an evacuation plan developed in consultation with the fire inspector.

OAC 5101:2-9-09 entitled Emergency Medical Plan and First Aid Supplies sets forth guidance that each residential facility will have a written medical emergency plan. The amendment within this rule directs first aid supplies to be in each building used by children and a copy of the emergency medical plan posted in each building used by children. In addition, the rule now clarifies that employee training regarding implementation of the emergency medical plan is to be maintained in the employee training record.

OAC 5101:2-9-15 entitled Residential Facility Handbook for Residents and their Families sets forth guidance for residential facilities to have a handbook for the children and their families. The amendment to this rule is changing language to direct the handbook contain rules and expectations for residents and the inclusion of the foster youth bill of rights.

OAC 5101:2-9-18 entitled Recreation and Leisure Activities and Equipment sets forth guidance for residential facilities to have a recreational program and provide activities and equipment. The amendment to this rule is providing guidance for swimming activities when youth are monitored by a person who has completed lifesaving or water safety training.

OAC 5101:2-9-26 entitled Living Rooms, Dining Rooms and Lounges sets forth guidance for a residential center to have adequate space for eating. The amendment to this rule is reorganizing the structure for clarity and adding group homes are to have a dining area large enough to accommodate all children to eat at the same time.

OAC 5101:2-9-31 entitled Laundry Facilities sets forth guidance for residential facilities to have operable laundry facilities. The amendment to this rule is providing guidance on the use of public laundromat as an option if the residential facility laundry is inoperable or as a life skills training for older youth.

OAC 5101:2-9-35 entitled Additional Programmatic Requirements regarding Behavior Management sets forth guidance for a residential facility to establish a system to review dangerous behavior and bringing to the attention of staff. The amendment to this rule is reorganizing the structure for clarity.

INSTRUCTIONS: The following chart indicates the material that should be removed 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 5101:2‑9‑04 OAC 5101:2‑9‑04
  OAC 5101:2‑9‑07 OAC 5101:2‑9‑07
  OAC 5101:2‑9‑09 OAC 5101:2‑9‑09
  OAC 5101:2‑9‑15 OAC 5101:2‑9‑15
  OAC 5101:2‑9‑18 OAC 5101:2‑9‑18
  OAC 5101:2‑9‑26 OAC 5101:2‑9‑26
  OAC 5101:2‑9‑31 OAC 5101:2‑9‑31
  OAC 5101:2‑9‑35 OAC 5101:2‑9‑35
Transmittal Letters   FCASMTL No. 519