This letter transmits Ohio Administrative Code (OAC) Chapter 5101:2-42 rules which were amended as a result of the five year review. These rules will be effective November 9, 2009.

The following is a brief explanation of the proposed changes.

OAC 5101:2-42-04 entitled Authority to assume and retain custody of a child sets forth the requirements of PCSAs and PCPAs to assume custody of children and place them in substitute care. This rule has been amended to accurately reference the appropriate forms and minor formatting changes.

OAC 5101:2-42-19.1 entitled Requirements for independent living arrangements for independent living youth in custody sets forth guidelines for public children services agencies (PCSAs) and private child placing agencies (PCPA) when placing a youth into an independent living arrangement certified to provide independent living arrangements. This rule is being amended for clarity and to include new language that requires caseworkers to conduct a monthly face-to-face visit with the youth in the independent living arrangement setting.

OAC 5101:2-42-64 entitled Preplacement services sets forth the guidelines for public children services agencies (PCSAs) and private child placing agencies (PCPAs) to provide preplacement services when substitute care of the child is to occur. This rule was amended to remove references to Ohio Administrative Code rules that no longer apply, as well as minor formatting changes.

OAC 5101:2-42-66.1 entitled Comprehensive health care for children in placement sets forth guidelines for the public children services agencies (PCSAs) and private child placing agencies (PCPAs) on the coordination and provision of health care for each child in the agency's care or in the custody, placed into substitute care. This rule was amended to remove references to Ohio Administrative Code rules that no longer apply and are obsolete, as well as minor formatting changes.

OAC 5101:2-42-70 entitled Provision of services to unmarried minor parents sets forth guidelines by which public children services agencies (PCSAs) must follow when providing or arranging services to any unmarried minor female. This rule has been amended to remove references to Ohio Administrative Code rules that no longer apply and are obsolete.

OAC 5101:2-42-71 entitled Approval of adult-supervised living arrangements sets forth guidelines by which the public children services agencies (PCSAs), private child placing agencies (PCPA) and private noncustodial custody agencies (PNA) shall follow when placing a youth in an adult-supervised living arrangement that is approved, licensed, or certified and assumes responsibility for the care and control of a pregnant minor, unmarried minor parent, or a child of a minor parent. This rule is being amended to simplify the language in certain sections of the rule.

OAC 5101:2-42-90 entitled Information to be provided to caregivers, school districts and juvenile courts sets forth requirements for public children services agencies (PCSAs) and private child placing agencies (PCPAs) what information can be shared and to whom and the procedures of completing the JFS 1701 "Individual Child Care Agreement Amendment". This rule was amended to remove references to Ohio Administrative Code rules that no longer apply, as well as minor formatting changes.

OAC 5101:2-42-93 entitled Procedural requirements regarding change of placement or visitation plan prior to journalization of case plan sets forth requirements when the public children services agency (PCSA) or private child placing agency (PCPA) seeks a change of placement or visitation plan prior to the journalization of the case plan. This rule was amended to remove references to Ohio Administrative Code rules that no longer apply and are obsolete as well as minor formatting changes.

OAC 5101:2-42-95 entitled Obtaining permanent custody; termination of parental rights sets forth the requirements of a public children services agency (PCSA) or private child placing agency (PCPA) for pursuing permanent custody and terminating parental rights. This rule has been amended to remove references to Ohio Administrative Code rules that no longer apply and are obsolete.

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.