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FCASMTL 138 (5101:2-33-07, eff. 5/1/03)

Family, Children and Adult Services Manual Transmittal Letter No. 138

April 4, 2003

TO: Family, Children and Adult Services Manual Holders

FROM: Thomas J. Hayes, Director

SUBJECT: Revisions and Rescissions to Ohio Administrative Code Chapters 5101:2-33, 5101:2-44 and 5101:2-47

The Ohio Department of Job and Family Services has reviewed fourteen rules in Ohio Administrative Code (OAC) Chapter 5101:2-44 regarding the state adoption subsidy program and two rules in OAC 5101:2-33 regarding the administration of public children services agencies as result of the five year rule review process. The review resulted in recommendations for changes to and rescissions of the rules. This letter transmits those changes as well as a change to OAC 5101:2-47-35 Adoption assistance eligibility procedure: Title IV-E adoption assistance post-finalization application.

These rules are effective May 1, 2003. A brief explanation of each of the affected rules appears in the following chart.

OAC Rule Number	Brief Explanation of Proposed Changes
5101:2‑33‑07	This rule is amended to delete references to private child placing agency (PCPA) since OAC Chapter 5101:2-33 is entitled "Rules Governing the Operation of Public Children Services Agencies."
5101:2‑33‑50	This rule is rescinded because the provisions of this rule are inherent functions of PCSAs.
5101:2‑44‑02	This rule is rescinded. The provisions of this rule are incorporated into the new 5101:2‑44‑03.
5101:2‑44‑03	This rule is rescinded and replaced by a new rule with the same number. The former provisions of rule 5101:2‑44‑02, 5101:2‑44‑03 and 5101:2‑44‑04 are found in the new rule.
5101:2‑44‑04	This rule is rescinded. The provisions of this rule are incorporated into the new 5101:2‑44‑03.
5101:2‑44‑05	This rule is rescinded. The provisions of this rule are incorporated into the new 5101:2‑44‑06.
5101:2‑44‑05.2	This rule is amended. Changes were made in the rule title and paragraph (A) to reflect a change in the name of the ADC-related medicaid program (now the covered families and children medicaid program); changes throughout the rule reflect the department's new name; a new (B)(3) clarifies that new residence states must have elected in their state medicaid plan to cover state adoption subsidy children; (C)(D)(E) and (F) and a new (G) have been written to clarify duties of PCSAs when a child receiving state adoption subsidy moves into or out of Ohio. Paragraph (I) requires families to provide their residence state with any information regarding medical assistance or insurance.
5101:2‑44‑06	This rule is rescinded and replaced by new rule 5101:2‑44‑06. Parts of the former 5101:2‑44‑05 are found in the new rule.
5101:2‑44‑07	This rule is amended to change the title to more accurately reflect the rule's meaning; a change in (A) clarifies when the application must be acted upon; a new (A)(6) requires consultation with the adoptive parent on the duration of services to be provided; a change in (C) requires notification to adoptive parents of approval for state adoption subsidy to use the JFS 01615 form.
5101:2‑44‑08	This rule is rescinded and replaced by a new rule with the same number.
5101:2‑44‑09	This rule is rescinded
5101:2‑44‑10 (Revised)	This rule is amended. Paragraph (A) is deleted, minor, non-substantive changes in (B)(3), (B)(6) and (D).
5101:2‑44‑11 (Revised)	This rule is amended. Paragraph (A) is deleted, minor, non-substantive changes in (A)(4).
5101:2‑44‑12 (Revised)	This rule is amended for non-substantive changes in (B)(1), (2), (3), (7) and (9). New (B)(13) and (14) require additional documentation to be included in a state adoption subsidy record; paragraph (C) is deleted.
5101:2‑47‑35	This rule is amended to revise ambiguous language regarding eligibility requirements for adoption assistance post-finalization.

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.

LOCATION	REMOVE AND FILE AS OBSOLETE	INSERT/REPLACEMENT
MANAGEMENT AND ADMINISTRATION
Fiscal Management and Administration
State Adoption Subsidy	5101:2‑44‑02
	5101:2‑44‑03	5101:2‑44‑03
	5101:2‑44‑04
	5101:2‑44‑05
	5101:2‑44‑05.2	5101:2‑44‑05.2
	5101:2‑44‑06	5101:2‑44‑06
	5101:2‑44‑07	5101:2‑44‑07
	5101:2‑44‑08	5101:2‑44‑08
	5101:2‑44‑09
	5101:2‑44‑10	5101:2‑44‑10
	5101:2‑44‑11	5101:2‑44‑11
	5101:2‑44‑12	5101:2‑44‑12
Title IV-E	5101:2‑47‑35	5101:2‑47‑35
Community Coordination	5101:2‑33‑07	5101:2‑33‑07
Personnel	5101:2‑33‑50
TRANSMITTALS
Transmittal	Transmittal Letter Index Starting with No. 115	Transmittal Letter Index Starting with No. 126
		FCASMTL No. 138

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