This letter transmits Ohio Administrative Code (OAC) Chapter 5101:2-44 rules which were amended as a result of the five year review and the JFS 01052 "Credentials for Providers of PASSS Funded Therapeutic Services and Memorandum of Understanding" which was also amended. These rules and form will be effective May 1, 2009.

The following is a brief explanation of the changes.

OAC 5101:2-44-03 "Public children services agency (PCSA) administration of the state adoption subsidy program" outlines the PCSA's responsibilities for administering and determining eligibility for the state adoption subsidy. This rule was amended to add language requiring the PCSA to indicate whether they will continue to provide the state adoption special services subsidy for approvals in effect prior to July 1, 2004. This rule was also amended to comply with the Department's required format for rules.

OAC 5101:2-44-05.1 "Covered families and children (CFC) Medicaid eligibility: special needs children" outlines the Medicaid eligibility for special needs children. This rule was amended to remove language regarding eligibility requirements for children who were approved prior to April 7, 1986, as these children no longer meet the age requirement for the program. This rule was also amended to comply with the Department's required format for rules.

OAC 5101:2-44-05.2 "Covered families and children (CFC) Medicaid eligibility for state adoption subsidy recipient moving from or to Ohio" outlines the Medicaid eligibility requirements for an adoptive child in receipt of a state adoption subsidy moving from or to Ohio. This rule was amended to comply with the Department's required format for rules.

OAC 5101:2-44-06 "Eligibility of adoptive family and adoptive child for the state adoption maintenance subsidy program" outlines the eligibility requirements for the state adoption maintenance subsidy program. This rule was amended to comply with the Department's required format for rules.

OAC 5101:2-44-08 "Redetermination and amendment of a state adoption maintenance subsidy" outlines the procedures for the redetermination and amendment of a state adoption maintenance subsidy. This rule was amended to comply with the Department's required format for rules.

OAC 5101:2-44-09 "Requirements for the state adoption special services subsidy program" outlines the procedures and requirements for the state adoption special services subsidy program. This rule was amended to comply with the Department's required format for rules.

OAC 5101:2-44-10 "Suspension of a state adoption maintenance subsidy" outlines the requirements for suspending a state adoption maintenance subsidy. This rule was amended to comply with the Department's required format for rules.

OAC 5101:2-44-11 "Termination of a state adoption subsidy" outlines requirements for terminating a state adoption subsidy. This rule was amended to comply with the Department's required format for rules.

OAC 5101:2-44-12 "State adoption subsidy records" outlines what information must be contained in each state adoption subsidy record. This rule was amended to comply with the Department's required format for rules.

OAC 5101:2-44-13 "Public children services agency (PCSA) administration of the post adoption special services subsidy (PASSS) program" outlines the procedures the PCSA must follow when issuing a post adoption special services subsidy. This rule was amended to remove the language regarding the "qualified professional" and replace it with a reference to rule 5101:2-44-13.1 and to remove the requirement that a copy of the child's treatment plan be submitted by the PCSA to the Ohio department of job and family services (ODJFS) within ten days of its receipt. This rule was also amended to remove ODJFS procedures, as this rule outlines PCSA procedures only, update the revision date of the JFS 04059 "Explanation of State hearing procedures" and to comply with the department's required format for rules.

OAC 5101:2-44-13.1 "Eligibility and application process for the post adoption special services subsidy (PASSS) program" outlines the eligibility and application process for the post adoption special services subsidy program. This rule was amended to expand the definition of "qualified professional" to include an occupational, physical or speech therapist and a licensed social worker (LSW) under the direct supervision of any of the other professional listed in this rule. This rule was also amended to clarify the interventions involving planned physical restraint or coercion that shall not be provided utilizing PASSS dollars, update the revision date of the JFS 01052 "Credentials for Providers of PASSS Funded Therapeutic Services and Memorandum of Understanding" and to comply with the department's required format for rules.

JFS 01052 "Credentials for Providers of PASSS Funded Therapeutic Services and Memorandum of Understanding" is a form that requires providers to identify their credentials, licensing board, professional experience, type of therapy they will be providing and indicate their compliance with all treatment aspects contained in OAC Chapter 5122. This form was amended to include a section for the child's name and date of birth. In addition, the questions completed by the provided were reworded for clarity and consistency.

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.