Ohio Revised Code section 119.032 requires that the Ohio Department of Job and Family Services review each of its rules every five years. This letter transmits 23 Ohio Administrative Code (OAC) rules governing placement and substitute care services that were recently reviewed and amended.

The Office for Children and Families has reviewed the rules regarding services to unaccompanied refugee minors, infants of incarcerated mothers, Indian children, and miscellaneous substitute care rules. The changes in these rules are minimal and mostly address the change in the name of the Ohio Department of Human Services (ODHS) to the Ohio Department of Job and Family Services (ODJFS). Other changes were made for clarification purposes. One rule, OAC 5101:2-42-82 Legal responsibilities under the unaccompanied refugee minor program (URMP) was reviewed but resulted in no changes. Eight rules are being rescinded because they are obsolete or the requirements are covered in other rules or laws.

The following rules were amended:

OAC rule 5101:2-42-06 entitled Agreement for temporary custody of child (JFS 01645) This rule introduces the use of the form JFS 01645 as the mandated form. The changes are non-substantive changes of department's name and forms citation.

OAC rule 5101:2-42-07 entitled Extension of agreement for temporary custody of child (JFS 01645). This rule establishes an extension period for the temporary custody by agreement. The changes are non-substantive changes of department's name and forms citation.

OAC rule 5101:2-42-08 entitled Acceptance of temporary custody by agreement and court-approved extensions. The changes are non-substantive changes of department's name and forms citation.

OAC rule 5101:2-42-48 entitled Agency administrative responsibilities for children affected by the Indian Child Welfare Act. Changes were made to clarify the responsibilities of agencies to implement the Indian Child Welfare Act in Ohio.

OAC rule 5101:2-42-49 entitled Definitions related to the Indian Child Welfare Act. This rule sets forth the definitions of words used in Indian Child Welfare in Ohio. The definition of Indian child was changed to be more in line with the federal definition.

OAC rule 5101:2-42-52 entitled Verification of tribal membership. This rule sets forth the different ways to verify tribal membership and the offices and locations of regional Bureau of Indians Affairs. It was changed to add current information for the U.S. Bureau of Indian Affairs.

OAC rule 5101:2-42-53 entitled Involuntary custody requirements. This rule sets forth notice of requirements in the event an Indian child becomes involved with an agency. Wording was changed in this rule to add to the list of required notice the Area Director, Bureau of Indian Affairs when custody of an Indian child is involved.

OAC rule 5101:2-42-54 entitled Permanent surrender or parental consent to adoptive placement of Indian children. This rule sets forth the procedures an agency must follow when accepting a permanent surrender of an Indian child. Changes were made to the wording for clarity and non-substantive changes to the department's name and forms citations.

OAC rule 5101:2-42-55 entitled Acceptance of agreement for temporary custody of Indian child. This rule sets forth the use of agreement for temporary custody by use of the JFS 01645. Non-substantive changes were made to the department's name and forms citations.

OAC rule 5101:2-42-57 entitled Emergency removal and placement of Indian child. This rule sets forth the requirement that PCSAs must provide emergency services for the Indian child. Non-substantive changes were made to the department's name.

OAC rule 5101:2-42-58 entitled Recordkeeping and reporting requirements regarding Indian children. This rule sets forth the requirement that an agency must maintain case records on activities on behalf of the Indian child. Non-substantive changes were made to the department's name

OAC 5101: 2-42-60 entitled Postnatal services to infants of incarcerated mothers. This rule sets forth PCSA requirements to coordinate services on behalf of incarcerated women and their infants with correctional facilities, departments of job and family services and hospitals. Non-substantive changes were made to the department's name.

OAC 5101:2-42-61 entitled Urgent placement services to infants of incarcerated mothers. This rule sets forth emergency placement procedures for PCSAs in the county in which the infant is hospitalized when conditions prevent the resposnible agency from actin on the infant's. Non-substantive changes were made to a the department's name.

OAC rule 5101:2-42-64 entitled Preplacement services. This rule sets forth preplacement services provided by a PCSA or PCPA. Makes the change of the ICPC rule citation.

OAC rule 5101:2-42-66 entitled Administrative procedures for comprehensive health care for children in placement. Changes were made to the names of the category of county agencies from human services to job and family services.

OAC rule 5101:2-42-66.1 entitled Comprehensive health care for children in placement. Non-substantive changes were made to the department's name and forms citation.

OAC rule 5101:2-42-66.2 entitled Documentation of comprehensive health care for children in placement. This rule sets forth the documentation requirements of comprehensive health care for children in placement. Non-substantive changes were made to the department's name and forms citation.

OAC rule 5101:2-42-87 entitled Termination of substitute care. This rule sets forth the procedure for the termination of substitute care. Non-substantive changes were made to the department's name and forms citation.

OAC rule 5101:2-42-88 entitled Requirements for substitute care placement disruptions. This rule sets forth the requirement for documentation of the disruption in the case file. Non-substantive changes were made to acronyms.

OAC rule 5101:2-42-89 entitled Death of a child in custody. This rule sets forth the requirement that each PCSA or PCPA have a written policy and procedures to follow when a child dies in the agency's custody. Non-substantive changes were made to the department's name and acronyms were clarified.

OAC rule 5101:2-42-92 entitled Visitation for child in temporary custody. This rule sets forth the requirement of visitation of a child in temporary custody with the parent, guardian, or custodian. Non-substantive changes were made to the department's name and forms citation.

OAC rule 5101:2-42-94 entitled Termination of custody of a child. This rule sets forth the requirement which must be met in order to terminate the custody of a child. Non-substantive changes were made to the department's name and forms citation.

The following rules are being rescinded:

OAC 5101:2-33-09 entitled Protective services incentive funding.

OAC rule 5101:2-39-50 entitled Cooperation with other organizations to coordinate service delivery to children and families.

OAC rule 5101:2-42-80 entitled Purpose of unaccompanied refugee minor program.

OAC rule 5101:2-42-81 entitled Financial coverage of the unaccompanied refugee minor program.

OAC rule 5101:2-42-83 entitled Eligibility requirements for the unaccompanied refugee minor program.

OAC rule 5101:2-42-84 entitled Placement procedures for the unaccompanied refugee minor program.

Rule 5101:2-42-85 entitled Services and case management responsibility for unaccompanied refugee minors.

OAC 5101:2-42-86 entitled Unaccompanied refugee minor contracting.

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 in the FCASM.