FCASMTL 279 (Five-Year Rule Review: Amendments to Children Services Licensing Rules)
Family, Children and Adult Services Manual Transmittal Letter No. 279
February 15, 2011
TO: Family, Children and Adult Services Manual Holders
FROM: Michael B. Colbert, Director
SUBJECT: Five-Year Rule Review: Amendments to Children Services Licensing Rules

In accordance with Ohio Revised Code (ORC) Section 119.032, each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated, and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose.

The following rules were recently reviewed and amended, with a proposed effective date of March 1, 2011.

Ohio Administrative Code (OAC) Rule 5101:2-9-11, "Admissions and admissions log," provides guidance for agencies admitting children into foster care residential facilities. Paragraph (A) was amended to require residential facilities to have written admissions policies. Paragraph (B) was added to allow facilities to admit children who do not meet their age limitation. Facilities must admit children in conjunction with a court. Paragraph (C) was added to allow facilities to house residents who are older than 18 but who are expected to graduate prior to their 19th birthdays.

OAC Rule 5101:2-9-14, "Medications," provides guidance for distributing medications to children living in residential facilities. Pursuant to Ohio Revised Code Section 4729.01, paragraph (B) was amended to allow a "licensed health professional authorized to prescribe medications" to consult with the facility and prescribe medications as necessary for the children in care.

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 5101:2‑9‑11OAC 5101:2‑9‑11
 OAC 5101:2‑9‑14OAC 5101:2‑9‑14
Transmittal Letters FCASMTL No. 279