This letter transmits revisions to Ohio Administrative Code rules 5101:2-33-21, 5101:2-34-38, 5101:2-33-22, and 5101:2-34-38.1 as a result of Amended Substituted SB 238 of the 126th General Assembly. These rules remain under JCARR jurisdiction. The department will provide additional information if changes are made in any of the affected rules. These rules will be effective January 1, 2007.

An explanation of the rule revisions appear below:

OAC rule 5101:2-33-21 Confidentiality and Dissemination of Information Relating to Child Abuse or Neglect determines what is considered confidential in child abuse and neglect reports and investigations as well as to whom and what information may be shared or disseminated. This rule is amended to include language added that agencies which receive confidential information must also maintain the confidentiality of that information.

OAC rule 5101:2-33-22 Access/Confidentiality of Child Abuse and Neglect Information Contained in the Statewide Automated Child Welfare Database sets forth the confidentiality requirements for the state automated child welfare database. This rule is amended to change the title of the rule to Access/Confidentiality of Child Abuse and Neglect Information Contained in the Statewide Automated Child Welfare Database and to make the changes to the name throughout the rule. Additional language was also added to include what confidential information a private non-custodial agency, private child placing agency, and out-of-state children services agency may request from ODJFS via the uniform statewide automated child welfare information system when they are evaluating an applicant for licensure as a foster or adoptive parent.

OAC rule 5101:2-34-38 Confidentiality and Dissemination of Information Relating to Child Abuse or Neglect also determines what is considered confidential in child abuse and neglect reports and investigations as well as to whom and what information may be shared or disseminated. This rule is amended to include language added that agencies which receive confidential information must also maintain the confidentiality of that information.

OAC rule 5101:2-34-38.1 Access/Confidentiality of Information Contained in the Child Abuse and Neglect Central Registry sets forth the confidentiality requirements for the child abuse and neglect central registry. Additional language was also added to include what confidential information a private non-custodial agency, private child placing agency, and out-of-state children services agency may request from ODJFS via the child abuse and neglect central registry when they are evaluating an applicant for licensure as a foster or adoptive parent.

If you have questions regarding this change, please contact the Office for Children and Families Help Desk at (866) 886-3537 (Option 4) or via e-mail at help-desk-ocf@odjfs.state.oh.us.

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.