This letter transmits Ohio Administrative Code (OAC) rules regarding Children's Protective Services which have been changed as a result of the five year rule review process. These rules will become effective on April 17, 2006.

A brief explanation of the changes appears below:

Rule 5101:2-33-04, entitled PCSA grievance review policy, requires that the public children services agency (PCSA) establish a practice to receive and process grievances from the population served and sets forth the procedures for PCSAs to conduct the grievance review hearings. Changes to the rule include: requirements for notifying the alleged perpetrator of his/her right to appeal, time frame for the PCSA grievance review, and who can conduct the review hearings. Some punctuation changes were made and the acronym, PCSA, was defined.

Rule 5101:2-33-26 entitled, The county child abuse and neglect memorandum of understanding, is replacing rule 5101:2-34-71 The child abuse and neglect memorandum of understanding. This rule requires that PCSAs have a county child abuse and neglect memorandum of understanding pursuant to section 2151.421 of the Revised Code. The new rule is substantially the same as the rule that it is replacing. Changes include the addition of two entities that must sign the memorandum, the county humane society and in accordance with Senate Bill 66 of the 125th General Assembly, Children's Advocacy Centers, if appropriate. There is also a new requirement that the PCSAs submit copies of the memorandums to the Ohio Department of Job and Family Services. Each PCSA must submit a copy of it's current memorandum of understanding to it's respective ODJFS field office by July 14, 2006.

Rule 5101:2-34-06 entitled, Screening child abuse and neglect reports, sets forth the requirements for PCSAs for intake and screening child abuse and neglect referrals. Changes to the rule include defining the acronym, PCSA. Punctuation corrections were made.

Rule 5101:2-34-33 entitled, PCSA requirements for conducting intra-familial child abuse and neglect family assessments, sets forth the requirements for the PCSA to complete a risk assessment in response to allegations of child abuse or neglect. The rule outlines the risk elements to be assessed. This rule did not undergo substantive changes. The acronym, PCSA, was defined and language was added to reference the current form and revision date. Punctuation corrections were made.

Rule 5101:2-34-34 entitled, PCSA requirements for conducting out of home care and third party investigations, sets forth the procedures for the PCSA to follow when conducting an out-of-home care or a third party investigation in response to a child abuse and/or neglect report. The rule was reviewed but no substantive changes were made. The acronyms, ODJFS and PCSA, were defined and punctuation corrections were made.

Rule 5101:2-34-35 entitled, PCSA requirements for cross-referring reports of child abuse and neglect, outlines the requirements for the PCSA to cross-refer reports of child abuse and neglect. New language was added in paragraph (C) to comply with the requirements of section 2151.426 of the Revised Code authorizing counties to establish advocacy centers to perform functions, activities, and provide services regarding certain types of abuse of a child.

Rule 5101:2-34-36 entitled, PCSA requirements for conducting out of home perpetrator investigations and alleged child victims assessments sets forth the requirements for PCSAs to conduct an investigation when an alleged criminal act of assault or sexual activity against a child has occurred when the perpetrator is a stranger. Changes to the rule include defining the acronym, PCSA. Punctuation corrections were made.

Rule 5101:2-34-37 entitled, PCSA requirements for completing the "Family Risk Assessment Model: Safety Plan for Children," outlines the procedures for implementing a safety plan (JFS 01510). It provides guidance to the PCSA regarding when a safety plan should be completed, what should be assessed to determine the degree of intervention, and who should sign the safety plan. It also includes involvement of families in safety planning, development of the least restrictive and disruptive safety strategies, and methods for monitoring the safety plan. Formatting changes were made to this rule.

Rule 5101:2-34-38 entitled, Confidentiality and dissemination of information relating to child abuse or neglect establishes that each report and investigation of alleged child abuse or neglect is confidential and may be shared only when dissemination is authorized by this rule. New language was added to comply with Senate Bill 66. The addition of child advocacy centers was added under the entities to which the PCSA can release confidential information. Additionally, the requirement that a PCSA release information to a county department of job and family services (CDJFS) regarding applicants seeking licensure or renewal as a type A family day-care home or certification or recertification as a type B family day care home. Lastly, the rule outlines what information cannot be released to the CDJFS.

Rule 5101:2-34-38.1, entitled Access/confidentiality of information contained in child abuse and neglect central registry addresses the release of central registry information. The rule provides guidance to PCSAs as to when the release of confidential information is appropriate and allowable per the requirements outlined in the body of the rule. Acronyms were defined and punctuation corrections were made. There were no substantive changes made to this rule.

Rule 5101:2-35-16 entitled, Submittal of central registry reports on child abuse or neglect, outlines what information a PCSA shall submit to the central registry within twenty-four hours or the next working day from the date the report was received. There were no substantive changes to this rule. The acronyms, ODJFS and PCSA, were defined and corrections to punctuation were made.

Rule 5101:2-35-19, entitled Expunction of identifying information, outlines the process and timeframes for expunging reports meeting the criteria listed in the rule. There were no substantive changes to this rule. Acronyms were defined and punctuation corrections were made.

Rule 5101:2-35-62, entitled Interstate referral procedures for children's protective services, sets forth the requirements for the public children services agency to notify and receive notification that a child residing in another state, or from another state, and residing in Ohio is in need of protective or supportive services. Rule revisions include minor grammar changes.

Rule 5101:2-35-67, entitled Protective service alerts, sets forth the requirements for the PCSA to notify other county public children services agencies, and states, of the suspicion that a family has moved outside of the county or state and their whereabouts are unknown. Rule revisions include minor grammar and form number changes. The JFS 01440 "Children's Protective Service Alert" has been updated.

Rule 5101:2-35-77, entitled Procedures for intervening in cases involving alleged withholding of appropriate nutrition, hydration, medication, or medically indicated treatment from disabled infants with life-threatening conditions, sets forth the requirements of the PCSAs to intervene in cases of withholding medically indicated treatment from disabled infants with life-threatening conditions. Paragraph (D)(3) has been added to allow PCSAs to pursue any legal remedies necessary to prevent the withholding of medically indicated treatment from the disabled infant with life-threatening conditions.

Rule 5101:2-39-07 entitled, Supportive services, sets forth the requirements for PCSAs to make services available to families that allow a child to remain safely in their home or to transition from substitute care to independent living. The words, "color and national origin," in paragraph (T)(1) were added. The term, "day care," was changed to "child care," throughout the rule. Punctuation corrections were made.

Rule 5101:2-39-08.1, entitled PCSA case plan for children in custody or under court-ordered protective supervision, sets forth the requirements for case plans for children who are in the custody of the PCSA or under court-ordered protective supervision and receiving services from a PCSA. This rule is being amended to include the requirement that, when applicable, the Indian tribe and extended relatives must be included when initiating the case planning process. Requirements were also added to specify that the PCSA develop one case plan per case and to assure that at least one PCSA contact every two months be made in the home of the prefinalized adoptive parent. Language was clarified and grammatical corrections were made throughout the rule.

Rule 5101:2-39-08.2, entitled Child's Education and Health Information, sets forth the procedures and requirements for PCSAs to complete the JFS 01443 "Child's Education and Health Information". Changes to the rule include dropping the word, "form", from the title, adding "prefinalized adoptive parent" as a participant, adding optical exams to the list of exams that are documented, requiring the PCSA to provide a copy of subsequent updates to the JFS 01443, or the PCSA's form being used in lieu of the JFS 01443, no later than seven calendar days after the PCSA has received the information and completed the JFS 01443. Revisions also included defining the acronym, PCSA, and punctuation corrections.

Rule 5101:2-39-10, entitled PCPA case plan for children in custody or under court-ordered protective supervision, sets forth the requirements for a private child placing agency (PCPA) to prepare a case plan when services are provided to a child in his own home or in a substitute care setting through court involvement. It is being amended to add the requirement to conduct face-to-face contact with the parties involved with the case plan and to continue to make face-to-face attempts when the contacts have been unsuccessful. Requirements to provide notices have been clarified, including the time frame for such notices. Some paragraphs have been reordered and reorganized. Language was clarified throughout.

Rule 5101:2-39-12, entitled Removal of a child from his own home, sets forth the requirements when the PCSAs remove a child from the home. Changes to the rule include defining the acronyms CDJFS and PCSA and correcting punctuation mistakes.

Rule 5101:2-39-12.1, entitled Emergency removal of a child from an out-of-home care setting, sets forth the requirements for the public children services agency to follow when it becomes necessary to conduct an emergency removal of a child from an out-of-home care setting. Rule revisions include minor grammar changes.

Rule 5101:2-39-30, entitled Protective Supervision by PCSAs and PCPAs sets forth the procedures for PCSAs and PCPAs for cases in which the court orders protective supervision. Changes to the rule include defining the acronym, PCSA. Punctuation corrections were made and wording clarified.

Rule 5101:2-39-51, entitled Joint planning and sharing of information among the PCSA and CDJFS, sets forth the procedures for PCSAs to share information and plan services with the CDJFS. Some punctuation changes were made.

Rule 5101:2-42-43, entitled Requirements of semiannual administrative review, establishes the requirements for PCSAs and Private Child Placing Agencies (PCPAs) to complete the semiannual administrative review (SAR). A requirement was added to paragraph (E)(2) to specify that the third SAR panel member has to be a supervisor or designee. Paragraph (I) was added to require that copies of SAR summaries be provided to all parties of in-home supportive services cases. Other changes include defining the acronyms PCSA and PCPA and changing punctuation and wording for clarity. The JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" and it's instructions have been updated.

The JFS 01416 and JFS 01440 will not be available in hardcopy from the ODJFS warehouse. They will be available on line at: http://www.odjfs.state.oh.us/forms/inter.asp.

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.