This letter transmits amended Ohio Administrative Code (OAC) rules governing children services licensing in OAC Chapters 5101:2-5, 5101:2-7 and 5101:2-9 that are being made as a result of a policy clarification process in order to clarify existing rule content. These changes are effective December 11, 2006.

OAC 5101:2-5-02 Application for an agency to perform specific functions; amended applications. Adds a new paragraph (B) to clarify how ODJFS will treat a local public entity that is not a PCSA for the purposes of compliance with ODJFS certification. This new language codifies a long standing practice of ODJFS to treat such entities in the same manner as a private noncustodial agency with a few exceptions. Generally, a local public entity that is not a PCSA would be a court-operated facility or program. Clarifying amendments are made to paragraphs (C), (D), (E), (K), (L), (M) and (O). A new paragraph (P) specifies when an amended application is required. A new paragraph (Q) prohibits an agency to operate any function that requires certification by ODJFS without proper certification including an office or residential facility that is not listed on the most current JFS 01290 "Application for Certification of Agency Functions" on file. A new paragraph (R) requires an agency to post their certificate to operate in a prominent place for viewing by visitors. A new paragraph (S) would prohibit an agency from expanding a temporarily certified function, or expanding to operate a new function when another function is under temporary certification and expands regulations concerning amending the application.

OAC 5101:2-5-04 Recertification of an agency to perform specific functions. Changes in the second and third paragraphs of paragraph (B) clarify when an independent audit is to be completed according to government auditing standards and is to be submitted to ODJFS, and clarifies that this requirement does not apply to a PCSA or to a local public entity that is not a PCSA. Other non-substantive technical changes are made throughout the rule.

OAC 5101:2-5-07 Denial or revocation of an agency's certificate or certification to perform specific functions. Clarifying amendment to paragraph (A)(4). A change in paragraph (E) would prohibit an agency whose operating certificate has been denied or revoked, and those parties identified as principals, from eligibility for any ODJFS children services license or certification for a 5 year period. A new paragraph (F) has been added regarding issues surrounding the issuance of a temporary certificate to an agency by ODJFS. A temporary certificate will not be issued for an initial certification and the certificate will be effective for less than one year. The rule also specifies that the word "Temporary" will appear on the certificate in contrasting color.

OAC 5101:2-5-08 PCPA and PNA governance and administration. Changes in (A) to clarify how a local public entity that is not a PCSA is to satisfy the requirements of this rule.

OAC 5101:2-5-13 Required agency policies, plans and procedures. Changes to title; changes in (A)(3) to conform with MEPA requirements; clarifying amendments to paragraphs (A)(38), (39) and (40).

OAC 5101:2-5-16 Consideration to be given to child's religion. Changes to title, and (A) to conform with MEPA; clarifying language is added to paragraph (B) regarding the practice of religion.

OAC 5101:2-5-20 Initial Application for child placement. Language added to paragraph (B) clarifies that an applicant wishing to become a foster caregiver must be a legal resident of the United States. A change in paragraph (F) sets an 18 month maximum time frame for preplacement training prior to recommending a foster home for certification. Other minor clarifying changes are made throughout the rule. A change in paragraph (H) eliminates the use of the JFS 01349 "Family Home Study" to initiate homestudies effective January 1, 2007.

OAC 5101:2-5-21 Agency assessment of an initial application for a foster home certificate. A change is made in paragraph (A) to conform with MEPA requirements; changes throughout the rule would eliminate the use of the JFS 01349. All homestudies will now be required to be completed using the JFS 01673 "Assessment for Child Placement". A change in paragraph (E) requires a foster home homestudy to be completed within 180 days of the date the agency received the application, which is the same time frame required for adoptive homestudies. New paragraphs (K) (L) (M) and (N), are added to clarify and avoid conflicts of interest when a person seeking to become a foster caregiver is an employee or board member of an agency.

OAC 5101:2-5-25 Phase-in period for specialized foster homes; Changing the certification of a foster caregiver from one type of foster home to another. Rule title changed to reflect end of phase-in period for specialized foster homes; a change in paragraph (A) clarifies that children placed on or prior to March 31, 2005 may remain in current placements; (B) eliminated to reflect end of phase-in period for specialized foster homes; outdated language is removed from paragraph (E)(8).

OAC 5101:2-5-31 Sharing or transfer of a foster home. Due to the enactment of HB 332 in 2000, ODJFS now reimburses agencies providing foster care and the Ohio Child Welfare Training Program for the cost of providing foster caregiver training and paying stipends to foster caregivers for obtaining the training required by ODJFS rules. This new funding stream merits reconsideration of the policy that has allowed local agencies to determine whether foster caregivers should be allowed to transfer their certificate from one agency to another. The new policy proposed here would allow a limited portability of a foster care certificate and put the onus of the decision of whether to accept a transfer of a foster caregiver on the receiving agency, but only after the receiving agency has all the facts with which to make an informed decision about the transfer.

OAC 5101:2-5-40 Preplacement and continuing training programs. The rule sets forth changes to make the rule applicable to prospective foster caregivers.

OAC 5101:2-7-10 Care of a foster child under age two. Language was added to this rule to allow an agency to approve a foster caregiver to allow a child under the age of two to sleep in a toddler bed or standard bed if the child is posing a danger to himself by climbing out of the crib.

OAC 5101:2-7-13 Foster home certificate. Language was added to include the department of alcohol and drug addiction as an entity with which a foster caregiver can not be licensed/certified and still be a foster caregiver. Added paragraph (G) to require transfers of a foster home certificate to be in compliance with rule 5101:2-5-31 of the OAC.

OAC 5101:2-9-28 Bedrooms. Corrected a typographical error in paragraph (H). No other changes.

OAC 5101:2-9-36 Additional requirements for children's crisis care facilities. The rule sets forth licensing requirements for children's crisis care facilities. This is a new rule.

JFS 01290 "Application for Certification of Agency Functions". Signature page moved to page one. Added Crisis Care facility as a type of facility to the form as a result of SB 238. Clarifications to section VII. There is a new section VIII.

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.