FCASMTL 331 (Amendments to Children Services Licensing OAC Rules in chapter 5101:2-5)
Family, Children and Adult Services Manual Transmittal Letter No. 331
May 30, 2014
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendments to Children Services Licensing Ohio Administrative Code (OAC) Rules in chapter 5101:2-5.

This letter transmits seven amended rules and one rescinded rule surrounding foster care updates as a result of the Five Year Review. These rules will be effective July 1, 2014. The following is a brief explanation of the changes:

OAC rule 5101:2-5-13.1, entitled "Disaster preparedness plan requirements", provides guidance to agencies on the minimum process for the agency to continue to operate during a disaster. The rule was updated for clarity. No substantive changes were made.

OAC rule 5101:2-5-23, entitled "Form and duration of a foster home certificate", provides guidance to agencies regarding the foster home certificate. This rule is being rescinded. It was a directive for ODJFS, not foster care agencies.

OAC rule 5101:2-5-27, entitled "Termination of a foster home certificate", provides guidance to agencies on items regarding the termination of a foster home certificate. Paragraph (B) was amended to update the current procedure for terminating a foster home certificate if an agency has not yet implemented the statewide automated child welfare information system (SACWIS).

OAC rule 5101:2-5-28, entitled "Cause for denial of initial certification, denial of recertification or revocation of a foster home certificate", provides guidance to agencies regarding the reasons a foster home certificate might be denied or revoked. Paragraph (E)(1) was amended to add what an agency is required to do to begin an investigation of noncompliance.

OAC rule 5101:2-5-29, entitled "Foster home records", provides guidance to agencies regarding foster home records. Paragraph (C)(4) was amended regarding the log kept by the agency for foster homes and requires the agency to add the reason for the removal of a foster child from a foster home to the log when a child is removed or discharged.

OAC rule 5101:2-5-36, entitled "Additional requirements for an agency that acts as a representative of ODJFS in recommending treatment foster homes for certification", provides guidance to agencies regarding requirements for treatment foster homes. Paragraph (I) was amended for clarity.

OAC rule 5101:2-5-37, entitled "Additional requirements for an agency that acts as a representative of ODJFS in recommending medically fragile foster homes for certification", provides guidance to agencies regarding requirements for medically fragile foster homes. A new paragraph (E) was added to state that if the service plan developed by the treatment recommends any special needs for a child that would conflict with any rule in chapter 5101:2-7 of the Administrative Code, the service plan shall be followed. No other substantive changes were made.

OAC rule 5101:2-5-40, entitled "Preplacement and continuing training programs", provides guidance to agencies regarding the requirements for an agency wishing to implement and maintain a foster care training program. Paragraph (A) was amended to allow for an agency administrator or designee to approve the agency training plan and submit it to ODJFS. Paragraph (C) was amended to replace "agency director" with "agency administrator or designee". Paragraph (D) was amended for clarity. Paragraph (G) was amended for clarity. Paragraphs (H), (J) and (L) were amended to reference the required training topics described in rule 5101:2-5-33. Paragraph (O) was amended for clarity.

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 5101:2‑5‑13.1OAC 5101:2‑5‑13.1
 OAC 5101:2‑5‑23 
 OAC 5101:2‑5‑27OAC 5101:2‑5‑27
 OAC 5101:2‑5‑28OAC 5101:2‑5‑28
 OAC 5101:2‑5‑29OAC 5101:2‑5‑29
 OAC 5101:2‑5‑36OAC 5101:2‑5‑36
 OAC 5101:2‑5‑37OAC 5101:2‑5‑37
 OAC 5101:2‑5‑40OAC 5101:2‑5‑40
Transmittal Letters FCASMTL No. 331