FCASMTL 268 (Amendments of Children Services Licensing Rules)
Family, Children and Adult Services Manual Transmittal Letter No. 268
March 8, 2010
TO: Family, Children and Adult Services Manual Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Amendments of Children Services Licensing Rules in Ohio Administrative Code Chapters 5101:2-5, 5101:2-7 and 5101:2-48

This letter amends three foster care rules and one adoption rule. These rules will be effective April 1, 2010.

The following is a brief explanation of the changes:

Ohio Administrative Code rule 5101:2-5-09.1, "Criminal records check required for certain prospective employees and certified foster caregivers," was amended in paragraph (L) to include all persons age eighteen years of age or older in a foster care applicant's home in the required FBI background check.

Ohio Administrative Code rule 5101:2-5-13, "Agency Policies" was amended in paragraph (A) to require a foster care agency to include a written discipline policy that prohibits prone restraint. The recruitment plan requirement for agencies in paragraph (A) was also amended to be submitted every two years instead of annually. Paragraph (B) was amended to clarify when all policies, plans and procedures must be submitted to ODJFS.

Ohio Administrative Code rule 5101:2-7-02, "General requirements for foster caregivers and applicants," was amended in paragraph (D) to clarify the information surrounding the financial stability of a foster caregiver's household. Paragraph (I) was amended to add a provision for rehabilitation for children in custody who have reached the age of eighteen. Paragraph (K) was added to include four prohibitive criminal offenses for a foster care applicant or foster caregiver. Paragraphs (M) and (N) were amended for clarity.

Ohio Administrative Code rule 5101:2-48-10, "Restrictions concerning provision of adoption services, " was amended in paragraph (D) to include four prohibitive criminal offenses for an adoptive applicant or parent.

INSTRUCTIONS: The following chart identifies the material that should be removed from the Family, Children and Adult Services Manual (FCASM) and the material that should be added.

LOCATIONREMOVE AND FILE AS OBSOLETEINSERT/REPLACEMENT
Foster Care LicensingOAC 5101:2‑5‑09.1OAC 5101:2‑5‑09.1
 OAC 5101:2‑5‑13OAC 5101:2‑5‑13
 OAC 5101:2‑7‑02OAC 5101:2‑7‑02
Social ServicesOAC 5101:2‑48‑10OAC 5101:2‑48‑10
Transmittal Letters FCASMTL No. 268