This letter transmits seven amended rules surrounding foster care updates as a result of the passage of Senate Bill 163 of the 127th General Assembly. The following is a brief explanation of the changes. All of the rules will be effective August 14, 2008 with the exception of 5101:2-7-16. It will be effective on August 21, 2008

OAC 5101:2-5-09 entitled Personnel and prohibited convictions for employment was amended to require an administrator of an agency to have a bachelor's degree from a nationally recognized accreditation organization. The rule was also amended to require an agency to compile a summary report of child abuse and neglect for any prospective empoyee who will be performing the duties of child care staff. This rule also contains an appendix of prohibited offenses. The appendix was updated to include new prohibitve crimes required by legislation.

OAC 5101:2-5-09.1 entitled Criminal records check required for certain prospective employees and certified foster caregivers was amended to require a Federal Bureau of Investigation criminal background check for all prospective foster caregivers. The rule was also amended to allow the sharing of a criminal record check with a county department of job and family services. The rule was also amended to require an agency to assess the foster home for safety concerns if a household member pleads guilty or is convicted of a disqualifying offense.

OAC 5101:2-5-20 entitled Initial application for child placement was amended for reformatting and to require a foster care applicant to provide the name of any other agency with which the applicant was previously certified. The rule was also amended to require the completion of JFS 01200 "Fire Inspection Report for Residential Facilities Certified by ODJFS" and a JFS 01681 "Applicant Financial Statement" for foster homes prior to certification.

OAC 5101:2-5-32 entitled Occupancy limitations and accessibility was amended to require an agency to include the number of Type B child care children in the total number of children allowed in a foster home.

OAC 5101:2-7-02 entitled General requirements for foster caregivers and applicants was amended to require a foster care applicant to complete a JFS 01681. The rule was also amended to include additional prohibitive crimes required by SB 163. Another additional requirement to the rule is a criminal background check every four years upon recertification of a foster home. The rule was also amended to require the foster care applicant to notify the recommending agency if he or she has had a foster care certificate denied or revoked in Ohio or any other state within the last five years. The rule was also amended to prohibit any foster caregiver from being certified as a Type A child care provider. The rule also prohibits a specialized foster home from being certified as a Type B child care provider. This rule also contains an appendix of prohibited offenses. The appendix was updated to include new prohibitive crimes required by legislation.

OAC 5101:2-7-14 entitled Required Notification was amended to require a foster caregiver to notify the recommending agency if the foster caregiver is certified to operate a Type B child care home. This rule also contains an appendix of prohibited offenses. The appendix was updated to include new prohibitive crimes required by legislation.

OAC 5101:2-7-16 entitled Additional requirements for a treatment foster caregiver and a treatment foster home was amended to specify the equivalent experience for a foster caregiver who wishes to be certified as a specialized caregiver.

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.