This letter transmits changes to the Ohio Administrative Code to implement Substitute House Bill 38 (Sub. HB 38) which was signed into law by Governor Bob Taft on August 1, 2002. Sub. HB 38 was enacted to implement the federal John H. Chafee Program under The Foster Care Independence Act of 1999. This program provides for the enhancement and expansion of independent living (IL) services to youth currently in substitute care or recently emancipated to help them achieve self-sufficiency. This new law specifically requires that a portion of the IL funding be used to serve eligible young adults ages 18-21 who leave substitute care because they reach age 18.
The following chart summarizes what rules have been rescinded, amended or adopted to incorporate the above mentioned changes. These rules take effect on November 12, 2002.
OAC Rule Number | Brief Explanation of Changes |
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5101:2‑42‑19 (Rescinded) | This rule is rescinded. |
5101:2‑42‑19 (New) | This rule is to replace the former independent living rule. It adds the requirement of an individual independent living plan and time frames for completion. This new rule provides for the specialized training of care givers who care for youth expected to remain in substitute care until emancipation. |
5101:2‑42‑19.1 (New) | This new rule sets forth the minimum requirements of independent living environments. |
5101:2‑42‑19.2 (New) | This new rule provides for the provision of services to young adults who have emancipated from substitute care care at age 18 until they reach their 21st birthday. It also allows for up to 30% of a PCSA's independent living allocation to be used for room and board for emancipated young adults 18 to 21 years of age. |
5101:2‑33‑05 (Revised) | This rule was revised to add the requirement of FACSIS reporting of independent living services to emancipated young adults between the ages of 18 years and their 21st birthday. |
INSTRUCTIONS:
The following chart depicts what materials are to be removed from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted into the FCASM.
LOCATION | REMOVE AND FILE AS OBSOLETE | INSERT/REPLACE |
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SOCIAL SERVICES | | |
Substitute Care | 5101:2‑42‑19 | 5101:2‑42‑19 |
| | 5101:2‑42‑19.1 |
| | 5101:2‑42‑19.2 |
MANAGEMENT AND ADMINISTRATION | | |
Monitoring | 5101:2‑33‑05 | 5101:2‑33‑05 |
TRANSMITTALS | | |
Manual Transmittal Letters | Transmittal Letter Index Starting with No. 115 | Transmittal Letter Index Starting with No. 115 |
| |
FCASMTL No. 129 |