This letter transmits eight amended Ohio Administrative Code (OAC) rules governing children services licensing that are being made as a result of the enactment of HB 117 of the 125th General Assembly. OAC 5101:2-5-38 will become effective August 1, 2005. The effective date for all other rules contained in this letter is August 22, 2005.

A brief explanation of the changes appears below:

OAC 5101:2-5-09: Personnel and prohibited convictions for employment. Paragraph (D) was deleted and a new paragraph (R) added to make it clear that this rule does not apply to foster caregivers. Non-substantive technical changes were made in several paragraphs. Changes in (J)(1) and the appendix add arson and aggravated arson to the list of prohibited crimes for employees of all agencies.

OAC 5101:2-5-11: Complaint handling. Clarifying language has been added to paragraph (A). New paragraphs (G) and (H) add language to notify agencies of the situations in which ODJFS may seek injunctive relief for operating without a certificate when one is required or to prevent an agency from receiving additional children into care or removing children from the agency's care when the life, health, or safety of one or more children in the care of the agency is at imminent risk but only if ODJFS has issued a proposed adjudication order pursuant to Chapter 119. of the Revised Code to deny renewal of or revoke the agency's certificate.

OAC 5101:2-5-32 Occupancy limitations and accessibility. Changes were made in paragraph (B) and new paragraphs (C) and (D) were added to clarify when the number of foster children may exceed the statutory limit of five.

OAC 5101:2-5-33: Foster caregiver preplacement and continuing training. Continuing training topics are now suggested, not mandated; CPR and first aid training removed from preplacement training for pre-adoptive infant and family foster homes, but required during the first certification period or as soon as possible after a placement, if agency determines need; restraint training changes for preplacement and continuing training for specialized homes; surrogate parent training deleted and replaced by education advocacy; video trainings and training waivers clarified.

OAC 5101:2-5-38: Payment of foster caregiver training stipends; reimbursement of training allowances to recommending agencies. This rule has been revised to make it clear that a recommending agency is solely responsible for any foster caregiver stipend payment due if it exceeds the amount reimbursable to the recommending agency under section 5103.0314 of the Revised Code. Another change requires a recommending agency to defer the payment of stipend payments for preplacement training until the foster caregiver is certified. Additionally, continuing training is now conducted over the duration of the foster caregiver's two year certification period, rather than on an annual basis.

OAC 5101:2-5-40: Preplacement and continuing training programs. Continuing training topics are now suggested, not mandated; CPR and first aid training removed from preplacement training for pre-adoptive infant and family foster homes; restraint training changes for preplacement and continuing training for specialized homes; surrogate parent training deleted and replaced by a course in education advocacy; a PCPA, PNA or the Ohio child welfare training program may condition the enrollment of a foster caregiver in a training program based on availability of space in the training program or payment of an instruction or registration fee for the foster caregiver.

OAC 5101:2-7-16: Additional requirements for a treatment foster caregiver and a treatment foster home. Continuing training now on a certification period basis rather than annually. A reference to training waivers was added.

OAC 5101:2-7-17: Additional requirements for a medically fragile foster caregiver and a medically fragile foster home. Continuing training is now on a certification period basis rather than annually. A reference to training waivers was added.

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.