This letter transmits revisions to 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 the five year rule review process and to clarify existing rule content.

These changes are effective December 11, 2006.

OAC 5101:2-5-03Certification of an agency to perform specific functions. A new licensing function has been added to paragraphs (B), (C) and (D) as a result of the enactment of Amended Substitute Senate Bill 238 to require licensing of children's crisis care facilities. Clarifying amendments to paragraphs (D) and (G) add mention of two rules to paragraph (G) that were not previously mentioned.

OAC 5101:2-5-05Agency appeal of findings of noncompliance. Non-substantive technical changes only.

OAC 5101:2-5-06Corrective action plans. Mostly non-substantive technical changes; new language in paragraph (D) states that ODJFS action on a corrective action plan has no bearing on other decisions.

OAC 5101:2-5-10Child records. Clarifying amendments throughout the rule.

OAC 5101:2-5-17Discharge summary. Technical changes only.

OAC 5101:2-5-18Waivers. Changes in paragraphs (A), (C), (D), and (E) added cross reference to Chapter 5101:2-1 and removed cross-reference to Chapter 5101:2-47.

OAC 5101:2-5-19Variances. Changes in paragraphs (A), (B), (C), and (D) added cross reference to Chapter 5101:2-1.

OAC 5101:2-5-22Recommendations for initial foster home certification. Several technical changes; a new paragraph (F) discontinues the JFS 01349 effective 1/1/07.

OAC 5101:2-5-24Foster home recertification procedure. Clarifying amendments to paragraphs (A), (D), (E), (F), (K) and (L). New language in paragraph (G) clarifies that deficiencies found through the safety audit require a corrective action plan.

OAC 5101:2-5-26Revocation, denial of initial certification or denial of recertification of a foster home certificate. Non-substantive technical changes in paragraphs (C) and (D). A change in paragraph (I) would increase the ban on holding a certificate after a denial or revocation from two years to five years.

OAC 5101:2-5-30Change in household occupancy; change in marital status; change of address.Changes in paragraph (A) regarding when a medical statement must be completed for new occupants of a foster home and how to handle the certification of a new spouse or co-parent residing in the home when the new spouse or co-parent has not completed preplacement training; clarifications in paragraph (B) regarding evaluation of a new foster home after a change of address; change in (C) when to submit a JFS 01317 when a new spouse or co-parent moves into a foster home.

OAC 5101:2-5-35Children's rights. New paragraphs (C) and (D) would require that any foster care or independent living program include children's rights in any children's handbook explaining agency programs and document any restrictions placed on a child's rights for more than two hours.

OAC 5101:2-7-02General requirements for foster caregivers and applicants. Clarifying amendments throughout the rule, changes in paragraph (F) allow additional medical staff to complete the JFS 01653.

OAC 5101:2-7-05Sleeping arrangements. New language in paragraph (F) prohibits a child under age six sleeping on an upper bunk. A new paragraph (H) clarifies that children over age two or 35 inches in height must be provided with a toddler bed or standard bed.

OAC 5101:2-7-09Care, supervision and discipline. Changes in paragraphs (B), (D) and (L) due to MEPA; technical changes in paragraph (C); language removed in paragraph (G) to narrow the reasons for the use of physical restraint; new language in paragraph (H) prevents the use of any device to prevent or restrict a child's movement as punishment.

OAC 5101:2-7-12Site and safety requirements for a foster home. Technical change in paragraph (T).

OAC 5101:2-7-14Required notification. Moved language from paragraph (G) to paragraph (H); technical change in paragraph (I).

OAC 5101:2-9-03Staff development and evaluation. Clarifying amendments to paragraphs (F) and (G). Language removed in paragraph (J) to narrow the reasons for the use of physical restraint.

OAC 5101:2-9-12Service plans. Clarifying amendment to paragraphs (B)(7)(c) and (C).

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.