This letter transmits Ohio Administrative Code (OAC) rules governing Substitute Care that are being revised as a result of the five year rule review. The Indian Child Welfare Act (ICWA) rules have been moved out of the OAC Chapter 5101:2-42 to a new OAC Chapter, 5101:2-53. The following is a brief explanation of proposed change. These rules will be effective April 20, 2008.

OAC 5101:2-42-06 entitled Agreement for temporary custody of child sets forth the requirements of a temporary custody agreement between the PCSAs and PCPAs and a parent. This rule has been amended to correct revisions referenced regarding the JFS 01645 form.

OAC 5101:2-42-07 entitled Extension of agreement for temporary custody of child sets forth the requirements of a temporary custody agreement between the PCSAs and PCPAs and a parent upon the request of an extension. This rule has been amended to correct revisions referencing the JFS 01645 and other grammatical changes were made.

OAC 5101:2-42-08 entitled Acceptance of temporary custody by agreement and court-approved extensions sets forth the requirements of a temporary custody agreement between the PCSAs and PCPAs and a parent upon the request of a secondary extension. This rule has been amended to correct revisions referencing the JFS 01645 and correct formatting. A section of the rule has been reworded for clarity and minor grammatical changes were made.

OAC 5101:2-42-60 entitled Placement services for infants of incarcerated mothers sets forth the requirements for PCSAs responsibilities related to conducting home assessments and arranging for services for infants born to women incarcerated in correctional facilities. This rule replaces OAC 5101:2-42-60 and 5101:2-42-61.

OAC 5101:2-42-66.2 entitled Documentation of comprehensive health care for children in placement sets forth requirements for the PCSAs and PCPAs to maintain in the case record a record of physical health examinations and other assessments and treatments. This rule has been amended to correct revisions referenced regarding the JFS 01443, to correct formatting and to incorporate by reference the protection rules referencing CAPMIS.

OAC 5101:2-42-66 entitled Administrative Procedures for comprehensive health care for children in placement sets forth the requirements for PCSAs and PCPAs regarding the development of policies for comprehensive health care for children in placement. This rule has been amended to correct formatting.

OAC 5101:2-42-68 entitled Necessity for continued substitute care placement: court reviews and hearing requirements sets forth requirements for the PCSAs and PCPAs regarding continued substitute care placements and the frequency of assessing the continuation of placement. This rule has been amended to revise the frequency of assessment and correct formatting.

OAC 5101:2-42-87 entitled Termination of substitute care and custody sets forth the requirements for the PCSAs and PCPAs in terminating substitute care and custody. This rule replaces OAC 5101:2-42-87 and 5101:2-42-94.

OAC 5101:2-42-88 entitled Requirements for substitute care placement disruptions sets forth the requirements that PCSAs and PCPAs shall document when there is a disruption of a child in substitute care. This rule has been amended to incorporate by reference protection rules referencing CAPMIS.

OAC 5101:2-42-92 entitled Visitation for child in temporary custody sets forth the requirements of the PCSAs and PCPAs to arrange regular and frequent opportunities for children in temporary custody visitation with their parents or guardians. This rule has been amended to incorporate by reference the protection rules and the JFS forms referencing CAPMIS.

OAC 5101:2-53-01 entitled Definitions related to the Indian Child Welfare Act has been created to define terms used in the administration of ICWA. This rule replaces OAC 5101:2-42-49.

OAC 5101:2-53-02 entitled Administration responsibilities and record keeping for children affected by the Indian Child Welfare Act sets forth the requirements and the responsibilities of the PCSAs and PCPAs in maintaining records of Indian children in care. The title of the rule has been changed to better reflect the content of the rule. This rule replaces OAC 5101:2-42-48 and 5101:2-42-58.

OAC 5101:2-53-03 entitled Determination of Indian status, tribal eligibility and membership sets forth the responsibilities of the PCSAs and PCPAs in determining a child's Indian status. The title of the rule has been changed to better reflect the content of the rule. This rule replaces OAC 5101:2-42-52.

OAC 5101:2-53-04 entitled Emergency removal of the Indian child sets forth the responsibilities of the PCSAs when an Indian child is in immediate harm and an emergency removal is required. This rule replaces OAC 5101:2-42-57.

OAC 5101:2-53-05 entitled Voluntary placement for temporary custody of Indian child sets forth the responsibilities of the PCSAs and PCPAs when a temporary agreement for temporary custody of an Indian child has been requested by a parent or custodian. The title of the rule has been changed to better reflect the content of the rule. This rule replaces OAC 5101:2-42-55.

OAC 5101:2-53-06 entitled Involuntary custody of Indian children sets forth the responsibilities of the PCSAs and PCPAs when an Indian child is in the agency's custody. The title of the rule has been changed to better reflect the content of the rule. This rule replaces OAC 5101:2-42-53.

OAC 5101:2-53-07 entitled Permanent surrender or parental consent to adoptive placement of Indian children sets forth the responsibilities of the PCSAs and PCPAs when an Indian child has been permanently surrendered for adoption by the parent or custodian. The title of the rule has been changed to better reflect the content of the rule. This rule replaces OAC 5101:2-42-54.

OAC 5101:2-53-08 entitled Placement preference of Indian children sets forth the requirements of the PCSAs and PCPAs when an Indian child is removed from home and the requirements to place the child in accordance with the ICWA placement preference. The title of the rule has been changed to better reflect the content of the rule. This rule replaces OAC 5101:2-42-56.

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 in the FCASM: