This letter transmits rules 5101:2-5-09, 5101:2-5-13, 5101:2-5-18, 5101:2-5-19, 5101:2-9-12, and 5101:2-9-35 of the Ohio Administrative Code (OAC).

Rule 5101:2-5-09 "Personnel and prohibited convictions for employment" was amended in order to delete the word "job" in the paragraph (A) of the rule. There has been some concerns expressed that when "job descriptions" was used, there was an implication that foster caregivers may be viewed as an employee of the agency.

Rule 5101:2-5-13 "Required agency policies" was amended to require agencies which are certified to operate residential facilities to develop and implement a behavior intervention policy which includes a description of the facility's behavior management program and specifies components that must be included in the policy.

Rules 5101:2-5-18 "Waivers" and 5101:2-5-19 "Variances" were amended to allow agencies to request waivers and variances on the administrative requirements of Chapter 5101:2-5 of the Administrative Code and to clarify procedures for submitting such requests.

Rule 5101:2-9-12 "Service Plans" was amended to require that service plans must include a behavior intervention plan that shall identify the behavioral management techniques to be used for children in placement in children's residential centers, group homes, or residential parenting facilities.

Rule 5101:2-9-35 "Additional programmatic requirements regarding behavior management" was adopted to require additional programmatic requirements regarding behavior management of delinquent children who are placed in residential facilities certified by the department.

The above mentioned rules will be effective on May 1, 1998.