This letter transmits four amended rules surrounding foster care updates as a result of the five year review and legislative changes made to the Ohio Revised Code pursuant to Amended Substitute House Bill number fifty-nine of the 130th General Assembly. These rules will be effective July 7, 2014.

The following is a brief explanation of the changes:

OAC rule 5101:2-5-04, entitled "Recertification of an agency to perform specific functions" provides guidance to agencies for the requirements the agency needs to meet in order to be recertified. Paragraph (A)(3) was amended due to a legislative update that changes the required audit type for the first agency audit from "government auditing standards" to "American institute of certified public accountants" standards. Paragraph (A)(4) was amended to change the required audit type for subsequent agency audits from "government auditing standards" to "American institute of certified public accountants" standards. Paragraph (A)(5) was amended to define "American institute of certified public accountants" standards. New paragraphs (B), (C) and (D) were created to establish a fiscal watch period for agencies that cannot readily show they are fiscally accountable. Paragraph (E) was amended to ensure the agency submits the required documentation electronically to ODJFS.

OAC rule 5101:2-5-09.1, entitled "Criminal records check required for certain prospective employees and certified foster caregivers" provides guidance to agencies for the requirements the agency needs to conduct criminal record checks for prospective employees and foster caregivers. Paragraph (Q) about the criminal record check being valid for one year was removed. ODJFS feels that this is a parameter for BCII to establish, not ODJFS. Paragraph (U) was also removed due to the language being removed from statute. Several other paragraphs were re-arranged for clarification. No other substantive changes were made.

OAC rule 5101:2-5-11, entitled "Complaint handling" provides guidelines to agencies on how ODJFS investigates complaints made against the agency. Paragraph (A) was amended to give ODJFS discretion on when to begin to conduct an investigation.

OAC rule 5101:2-5-18, entitled "Waivers and variances" provides guidance to agencies on how and when they can request a waiver for foster home requirements. Paragraph (A)(1) was removed regarding a waiver for the fingerprint requirements for a criminal record check for persons that were physically unable to be fingerprinted. The removal was a result of a legislative change.

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.