** Archive **
FCASMTL 78 (Administration, Planning, Contracting and Evaluation - Archive)
Family, Children and Adult Services Manual Transmittal Letter No. 78
October 8, 1997
TO: All Family, Children and Adult Services Manual Holders
FROM: Arnold R. Tompkins, Director
SUBJECT: Ohio Administrative Code Rules Governing the Administration, Planning, Contracting and Evaluation of Children Services

Amended Substitute House Bill 215 (H.B. 215) amended sections 5101.14 and 5153.16 of the Ohio Revised Code (ORC) and renamed line item GRF 400-527 as "State Child Protective Allocation (SCPA)" (formerly State Child Welfare Subsidy). The following changes were made in ORC section 5101.14 and 5153.16:

Expanded the use of the SCPA for:

  • the costs of the care of a child who resides with a caretaker relative, other than the child's parent, and is in the legal custody of a public children services agency (PCSA) pursuant to a voluntary agreement entered into under division (A) of section 5103.15 of the ORC or in the legal custody of a PCSA or the caretaker relative pursuant to an allegation or adjudication of abuse, neglect, or dependency made under Chapter 2151. of the ORC; and
  • other services a PCSA considers necessary to protect children from abuse, neglect, or dependency [ORC 5101.14 (B)(1)].

Eliminated the requirement for preparation and approval of a County Children Services Plan [5101.14(D)].

Eliminated the annual evaluation of services provided by the PCSA [5153.16(B)(16)].

As a result of these changes the following OAC rules have been rescinded:

5101:2-33-04"County children services plan"

5101:2-33-06"Annul report and evaluation of children services"

5101:2-33-061"Report and evaluation of children services"

5101:2-33-08"Administration of services under state child welfare subsidy"

5101:2-33-09"State Child Welfare Subsidy caseload reduction"

5101:2-44-15"Short-term out-of-home care"

5101:2-44-17"Adoption services"

All instructions for claiming and reimbursement under the SCPA will be issued in the Administrative Procedure Manual (APM).

OAC rule 5101:2-5-33 "Foster caregiver orientation and training" has been amended to reflect the rescission of OAC rule 5101:2-33-04 and to clarify other training requirements. Public children services agencies (PCSAs) will now be required to submit their annual foster caregiver orientation and training plan to the Ohio Department of Human Services (ODHS) on the same schedule as private child placing agencies (PCPA's) and private non custodial agencies (PNAs), which is October 15th of each year for the next calendar year. Due to the short notification period given, the PCSA will have until December 1, 1997 to submit an addendum to this year's plan to add the new orientation topic.

OAC rule 5101:2-33-04 "PCSA grievance review policies" has been adopted to ensure that grievance review procedures exist to resolve complaints from parents, custodians, legal guardians, foster parents, adoptive parents and children concerning the provision of services and the results of an investigation of child abuse/neglect.

H.B. 215 allows a PCSA to contract with a county department of human services or other agencies and community service providers to assist the PCSA in performing its assigned duties outlined in ORC section 5153.16. ORC section 5153.16 prohibits the PCSA from entering into contracts to perform its investigation duties outlined in ORC sections 2151.421 and 2151.422. Due to the inclusion of this language, OAC rule 5101:2-42-05 "Delegation of Responsibility" is being rescinded and replaced with OAC rule 5101:2-33-07 "Delegation of responsibilities and contracting for the performance of specified agency duties".