This letter transmits twenty amended Ohio Administrative Code (OAC) rules and ten no change rules governing children services licensing that are proposed as a result of the five year rule review. Following is a brief explanation of each of the proposed changes.

5101:2-9-02 Staffing requirements. New language has been added not to allow staff members of a residential facility to have overnight guests in the facility except for their own children under the age of eighteen.

5101:2-9-05 Requirements for residential parenting facility furniture, materials and equipment; diaper changing. There was a small change made in paragraph (J) to ensure consistency.

5101:2-9-06 General Safety. New language has been added to paragraph (E) to comply with the new smoking legislation by not allowing smoking within the facility. New language was added in paragraph (K) to clarify that only one door to any room must have a lock that is able to be unlocked without a key from inside the room.

5101:2-9-08 Fire Safety. New language has been added in paragraph (A) to bring the agency name up to date and clarify that any work area in the facility would be inaccessible to children.

5101:2-9-10 Storage of hazardous materials. There was a gramatical change made in paragraph (A).

5101:2-9-11 Admissions and Admissions Log. New language has been added in paragraph (B)(3) to allow children under the age of six years old to be admitted to a crisis care facility.

5101:2-9-14 Medications. New language has been added to paragraph (A) to upon admission to a residential facility the staff of the facility shall document any currently prescribed medications for the child being admitted in accordance with rule 5101:2-42-66.2 of the Administrative Code.

5101:2-9-16 Visiting and Communications. New language has been added in paragraph (G) to ensure that a child who has access to electronic media, which may include internet and e-mail service, adheres to the agency's policy regarding communications.

5101:2-9-17 Child's Money. New language has been added in paragraph (A) to ensure the money a child has brought in or earned is not consider to be either the staff's or the agency's funds. A new paragraph (E) has been added to ensure that a residential facility is not charging residents for items that are required to be provided in chapter 5101:2-9 of the Administrative Code. Residents learning life skills as part of an independent living program are exempted from the requirement in paragraph (E).

5101:2-9-19 Personal belongings, hygiene, socialization, and education. There was a typographical error corrected in paragraph (J).

5101:2-9-20 Food and nutrition. New language has been added to paragraph (L) that allows infant formula to be stored for longer than twenty four hours if the directions to the formula or a physician authorizes the timeframe. Appendix 1 of this rule was not changed.

5101:2-9-21 Disciplinary policy and procedures. New language has been added in paragraph (D) to make reference to the children's rights rule.

5101:2-9-22 Isolation. New language has been added in paragraph (I) to ensure that any approved restraint techniques used by the agency are written in the agency's policies prior to being used.

5101:2-9-23 Notification and documentation of critical incidents. New language has been added in paragraph (A) to ensure critical incidents are reported within twenty four hours of the incident to notify the individual or agency which placed a child or teenage mother. New language has been added in paragraph (B) to ensure the incident report is completed within twenty four hours and is given to the individual or agency which placed a child or teenage mother.

5101:2-9-24 Child and family complaint policy and procedure. New language has been added in paragraph (A) to ensure documentation that the child and family received the complaint policy and procedure is placed in the child's file.

5101:2-9-25 Group home and residential parenting facility location and programmatic requirements for residential parenting facilities. Typographical changes have been made throughout the rule to use the appropriate names for differing agency abbreviations.

5101:2-9-27 Dining Areas. There was a typographical error corrected in paragraph (C).

5101:2-9-28 Bedrooms. New language has been added in paragraph (M) to ensure that a child under the age of six shall not sleep on the upper bunk of a bunk bed. This makes the rule consistent with rule 5101:2-7-05 (F) of the Administrative Code. New language has been added in paragraph (R)(4) to ensure the gap between the mattress and the sides of the crib is no more than one and one-half inches.

5101:2-9-30 Kitchens and kitchen supplies. New language has been added in paragraph (A) to update the references to the revised code.

5101:2-9-32 Transportation. A new paragraph (C) has been added to ensure the residential facility keeps documentation of automobile insurance for all privately owned vehicles used to transport children of the facility. The documentation of automobile insurance shall be updated annually to ensure the insurance coverage is current. First aid supplies shall be located in each privately owned vehicle used to transport children of the facility. New language is added in paragraph (E) to allow the use of the new LATCH system as an acceptable form of safety restraint in vehicles.

5101:2-9-34Building approval. A new paragraph (A)(3) has been added to ensure a CRC secures a building approval and occupancy permit at the time of any modification or alteration of any existing structure as required by the Ohio department of commerce or from a county or municipal building department certified by the department of commerce to inspect and approve the building code use group applicable to the CRC.

5101:2-9-36Additional requirements for children's crisis care facilities. Typographical changes have been made throughout the rule to use the appropriate abbreviations for differing agency types.

The following rules are being proposed with no changes.

5101:2-9-04General maintenance of a residential facility.

5101:2-9-07 Emergency planning and preparedness.

5101:2-9-09Emergency medical plan and first aid supplies.

5101:2-9-15Residential facility handbook for residents and their families.

5101:2-9-18Recreation and leisure activities and equipment.

5101:2-9-26 Living rooms and lounges.

5101:2-9-31Laundry facilities.

5101:2-9-35Additional programmatic requirements regarding behavior management.

INSTRUCTIONS:

The following chart depicts what materials should be deleted from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.