This letter transmits amendments to Ohio Administrative Code (OAC) rules 5101:2-1-01, 5101:2-1-01.1, 5101:2-33-20, 5101:2-33-23, and 5101:2-33-26. The substantive changes to the rules are outlined below. The rules will be effective October 1, 2009.

OAC 5101:2-1-01 entitled Children services definitions of terms contains the definitions of terms used in Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-36, 5101:2-35, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-44, 5101:2-47, 5101:2-49, 5101:2-48, 5101:2-52 and 5101:2-57 of the Administrative Code. Terms associated with Family Decision Making Model were deleted as the Comprehensive Assessment and Planning Model - Interim Solution has been implemented statewide. In addition, the rule was reformatted for ease of use and reference. As a result of the substantial format changes that were made to the rule, the rule was rescinded and refiled under the same rule number.

OAC 5101:2-1-01.1 entitled Definition of terms for the implementation of the "Comprehensive Assessment and Planning Model - Interim Solution" and statewide automated child welfare database contains definitions of terms used in Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative Code and in rules 5101:2-33-20, 5101:2-33-21, 5101:2-33-23, 5101:2-33-28, 5101:2-33-99, 5101:2-39-01, 5101:2-39-02, and 5101:2-40-02 of the Administrative Code. Assessment language that was previously contained in rule 5101:2-1-01 was inserted in this rule.

OAC 5101:2-33-20 entitled PCSA grievance review hearing policies addresses the PCSA requirement to develop policies to address complaints concerning the provision of services and appeals by alleged perpetrators who disagree with the PCSA report disposition of a report of child abuse or neglect. Revisions were made including the addition of procedures for PCSAs to follow when there is an appeal of a report disposition by an alleged perpetrator. Also, punctuation and grammatical changes were made in this rule.

OAC 5101:2-33-23 entitled Case records for children services outlines the requirements for PCSAs regarding preparation, maintenance, and retention of records on cases that come to the attention of the PCSA. Documentation requirements that were addressed in other OAC rules were collapsed into this rule. Additionally, the requirement that the PCSA verify and document for all children in foster care their citizenship or immigration status in accordance with the Tax Relief and Health Care Act of 2006 was added.

OAC 5101:2-33-26 entitled The county child abuse and neglect memorandum of understanding requires that PCSAs develop a document that sets forth the normal operating procedures to be employed by all concerned officials in the execution of their respective responsibilities regarding conducting child abuse and neglect assessment/ investigations. Requirements related to responding to reports alleging the withholding of medically indicated treatment from a disabled infant were inserted into this rule and deleted from rule 5101:2-36-07 of the Administrative Code. Grammatical changes to the rule were also made.

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.