This letter transmits Ohio Administrative Code rules governing Substitute Care policy that have been amended as a result of the Five-Year Rule Review. The following is a brief explanation of the changes.

The amended rule 5101:2-42-04 entitled "Authority to assume and retain custody of a child" of the Administrative Code sets forth the authority to place a child outside of the parental home only if custody has been assumed or retained by the public children service agency or private child placing agency. The rule has been amended to adhere to the five-year rule review. The language of the Family First Prevention Services Act is being included into this rule specifically pertaining to substance use disorder residential facilities.

The amended rule 5101:2-42-05 entitled "Selection of a placement setting" of the Administrative Code sets forth the requirements in the selection of a placement setting when a child cannot remain in their own home. The rule has been amended to adhere to the five-year rule review. The language of the Family First Prevention Services Act is being included into this rule specifically pertaining to substance use disorder residential facilities. In addition, the rule has been amended to format the rule for clarity and minor grammatical changes were made.

The amended rule 5101:2-42-08 entitled "Acceptance of temporary custody by agreement and court-approved extensions" of the Administrative Code sets forth the requirements of a temporary custody agreement between the PCSAs and PCPAs and a parent upon the request of a secondary extension. The rule has been amended to adhere to the five-year rule review and minor changes were made to correct formatting for clarity.

The amended rule 5101:2-42-09 entitled "Acceptance of permanent custody by permanent surrender" of the Administrative Code sets forth the requirements of a permanent custody agreement between the PCSAs and PCPAs and a parent. The rule has been amended to adhere to the five-year rule review and minor changes were made.

The amended rule 5101:2-42-18.1 entitled "Non-discrimination requirements for foster care placements" of the Administrative Code sets forth the requirements not to deny or delay prospective foster parents or the placement of children into foster care on the basis of race, color or national origin of that person. The rule has been amended to adhere to the five-year rule review and to format the rule for clarity and minor grammatical changes were made.

The amended rule 5101:2-42-64 entitled "Preplacement services" of the Administrative Code sets forth the guidance for preplacement services for a child and his or her parent, guardian or custodian when substitute care is going to occur. The rule has been amended to adhere to the five-year rule review. The language of the Family First Prevention Services Act is being included into this rule specifically pertaining to substance use disorder residential facilities.

The amended rule 5101:2-42-65 entitled "Caseworker visits and contacts with children in substitute care" of the Administrative Code sets forth the requirements for caseworker visits with the child and the substitute caregiver in the placement setting to ensure safety and well-being. The rule has been amended to adhere to the five-year rule review. The language of the Family First Prevention Services Act is being included into this rule specifically pertaining to substance use disorder residential facilities.

The amended rule 5101:2-42-67 entitled "Preparation of lifebook" of the Administrative Code sets forth the requirements for the PCSA or PCPA to create and maintain and share a lifebook while the child is in substitute care. It is a document for the child to have regarding childhood milestones and memories. The rule has been amended to adhere to the five-year rule review and no changes were made to this rule.

The amended rule 5101:2-42-68 entitled "Necessity for continued substitute care placement: Court reviews and hearing" of the Administrative Code sets forth the requirements for each PCSA or PCPA to determine if the need for continued placement in a substitute care setting is necessary. The rule has been amended to adhere to the five-year rule review and minor changes were made to correct formatting for clarity.

The amended rule 5101:2-42-70 entitled "Provision of services to unmarried minor parents" of the Administrative Code sets forth the requirements for the PCSA to provide and/or arrange services to abused, neglected or dependent unmarried minor during pregnancy through delivery. The rule has been amended to adhere to the five-year rule review and no changes were made to this rule.

The amended rule 5101:2-42-71 entitled "Approval of adult-supervised living arrangements" of the Administrative Code sets forth the requirements of an adult-supervised living arrangement which includes an approved family setting, licensed or certified foster home. The rule has been amended to adhere to the five-year rule review and minor changes were made to correct formatting for clarity.

The amended rule 5101:2-42-87 entitled "Termination of substitute care and custody of a child" of the Administrative Code sets forth the requirements for the PCSA to assess the need for continued custody of a child. The rule changes the requirements of a trial home visit from sixty consecutive days to ninety consecutive days.

The amended rule 5101:2-42-88 entitled "Requirements for substitute care placement disruptions" sets forth the requirements that PCSAs and PCPAs shall document when there is a disruption of a child in substitute care. The rule has been amended to adhere to the five-year rule review and no changes were made to this rule.

The amended rule 5101:2-42-92 entitled "Visitation for child in temporary custody" sets forth the requirements of the PCSAs and PCPAs to arrange regular and frequent opportunities for visitation for children in temporary custody with their parents or guardians. The rule has been amended to adhere to the five-year rule review and no changes were made to this rule.

The amended rule 5101:2-42-93 entitled "Change of placement or visitation plan prior to journalization of case plan" sets forth the requirements when a child’s placement or visitation plan has been specified by a court order or the court has ordered that no change in the child’s placement can occur without the court’s approval a motion to modify  is to be filed and the court’s approval must be obtained. The rule has been amended to adhere to the five-year rule review and minor changes were made.

The amended rule 5101:2-42-95 entitled "Obtaining permanent custody: termination of parental rights" sets forth the conditions upon which a PCSA or PCPA may petition the court to request permanent custody of a child under specific conditions. The rule has been amended to adhere to the five-year rule review and minor changes were made to correct formatting for clarity.

INSTRUCTIONS:

The following chart depicts what materials should be deleted from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.