This letter transmits amended rules 5101:2-1-01 and 5101:2-42-18 of the Administrative Code. The effective date for these rules will be June 1, 2011.

The following is a brief explanation of the proposed changes.

OAC 5101:2-1-01 entitled "Children services definitions of terms" sets forth the overall definitions used in Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-35, 5101:2-36, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-44, 5101:2-47, 5101:2-48, 5101:2-49, 5101:2-52 and 5101:2-57 of the Administrative Code. Changes were made to the following definitions:

• Child care staff - removed the 20% language.
• Indicated report - removed from definition rule. It is defined in the CAPMIS definition rule.
• Physical restraint - removed "valuable property".
• Practitioner of behavior science - added this term to the rule.
• Repeat offender - inserted a reference to Chapter 5101:2-7 rules.
• Substitute caregiver - changed to reflect that a substitute caregiver is someone who is caring for a child, in lieu of his or her parents. A substitute caregiver is not a parent.
• Temporary custody by commitment - inserted the correct OAC references for the Indian Child Welfare rules.
• Variance - deleted the OAC reference to rule 5101:2-5-19.

OAC 5101:2-42-18 entitled "PCSA and PCPA approval of placements with relative and nonrelative substitute caregivers" sets forth the overall requirements of the PCSA or PCPA having custody of a child to consider approving and placing a child with a relative or nonrelative if the placement is determined to be in the child's best interest. This rule was amended to include a reference to OAC 5101:2-7-02 which states four prohibitive criminal offenses for a substitute caregiver.