FCASMTL 359 (Amendment to Substitute Care Rules 5101:2-42-87, 5101:2-42-90, and 5101:2-48-15)
Family, Children and Adult Services Manual Transmittal Letter No. 359
August 25, 2015
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendment to Substitute Care Rules 5101:2-42-87, 5101:2-42-90, and 5101:2-48-15.

This letter transmits three amended rules surrounding substitute care updates as a result of the five year review. The rules will be effective September 1, 2015.

The following is a brief explanation of the changes:

OAC rule 5101:2-42-87, entitled "Termination of substitute care and custody of a child" sets forth requirements for agencies regarding the termination of custody of a child. Paragraph (D) was amended to include the recommending agency in the notification process. Minor changes were also made to reorganize the paragraphs for clarity and for the ease of the reader.

OAC rule 5101:2-42-90, entitled "Information to be provided to children, caregivers, school districts and juvenile courts" sets forth the requirements for PCSAs and PCPAs in the sharing of information with substitute caregivers, school districts, and juvenile courts. The rule title was amended to more accurately reflect the requirements set forth by the rule. Paragraphs (B), (C), and (I) were amended for clarity and grammatical errors. Paragraph (F) was added to meet new requirements as a result of legislative changes made to the Ohio Revised Code pursuant to Amended Substitute House Bill two hundred thirteen of the 130th General Assembly. The new language requires PCSAs and PCPAs provide the caregiver of a child who is placed in a planned permanent living arrangement a notice that addresses the caregivers' understanding of the permanency of a planned permanent living arrangement and that the caregiver is expected to actively participate in the child's case plan. Paragraphs (Q), (R), and (S) were added requiring the custodial agency to provide the JFS 01677 "Foster Youth Rights Handbook" to every child being placed in substitute care, age fourteen and older.

OAC rule 5101:2-48-15, entitled "Provision of information to a prospective adoptive parent matched with a specific child" provides guidance to custodial agencies regarding the documentation that is required to be given to a prospective adoptive parent prior to the adoptive placement of a child. The rule was updated as a result of the five year review. There were no substantive changes made to the rule. The changes made were a result of reorganizing the paragraphs for clarity and for the ease of the reader.

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
Substitute CareOAC 5101:2‑42‑87OAC 5101:2‑42‑87
 OAC 5101:2‑42‑90OAC 5101:2‑42‑90
 OAC 5101:2‑48‑15OAC 5101:2‑48‑15
Transmittal Letters FCASMTL No. 359