This letter transmits changes to the Ohio Administrative Code (OAC) rules 5101:2-33-21, 5101:2-33-23, 5101:2-33-28, 5101:2-35-16, 5101:2-35-19 and 5101:2-33-24. These rules will be effective November 1, 2011.

The following is a brief explanation of the rule changes.

OAC 5101:2-33-21, "Confidentiality and dissemination of information related to child abuse or neglect." This rule outlines the confidential nature of child abuse and neglect reports and specifies when release of such information is required or permissible. The rule has been revised as part of the five year rule review process. Changes include addressing the release of child welfare information to the superintendent of public instruction when a report involves a person who holds a license issued by the state board of education where the public children services agency has determined that child abuse or neglect occurred, and that the abuse or neglect is related to the person's duties and responsibilities under the license. Additionally, revisions were made to format the paragraphs within the rule consistently.

OAC 5101:2-33-23, "Case records for children services," outlines the requirements for PCSAs regarding preparation, maintenance, and retention of child welfare records on cases that come to the attention of the PCSA. Additionally, documentation requirements are addressed. The only change to the rule was the addition of clarifying language that, to the extent possible, case information shall be recorded in the statewide automated child welfare information system (SACWIS).

OAC 5101:2-33-28, "Joint planning and sharing of information among the PCSA and CDJFS," sets fourth the requirements that apply to county departments of job and family services and public children services agencies in joint planning and sharing of information to coordinate services to children and families. Minor grammatical changes were made to the rule.

OAC 5101:2-35-16, "Submittal of central registry reports on child abuse or neglect." This rule outlines the PCSA requirement to submit child abuse and neglect information and a report disposition to the central registry. This rule is being rescinded as part of a five year rule review process as child abuse and neglect information is contained within the SACWIS and entry of such information is addressed within the Chapter 5101:2-36 rules of the Administrative Code.

OAC 5101:2-35-19, "Expunction of identifying information from the central registry." This rule outlines the criteria for expunging alleged perpetrator case dispositions or case resolutions of child abuse and neglect reports from the central registry. The rule was rescinded.

OAC 5101:2-33-24, "Access to child abuse and neglect reports for background checks." This is a new rule that outlines the PCSA requirements for utilizing child abuse and neglect report dispositions for the purposes of a background check for child care certification, foster care licensure and an adoption homestudy.

INSTRUCTIONS:

The following chart indicates the materials that should be removed from the Family, Children and Adult Services Manual (FCASM) and the materials that should be added.