In response to the COVID-19 pandemic, changes in policy are being implemented to allow public children services agencies (PCSA) to work with residential agencies in areas where there are capacity needs specific to the pandemic.  The changes will allow waivers of requirements in Ohio Administrative Code (OAC) 5101:2-5 and 5101:2-9 to be requested in order to establish temporary emergency residential facilities.  The following rule and policy changes are effective as of April 21, 2020.

Rule 5101:2-5-18 “Waivers and Variances” will be amended to allow for PCSAs, in conjunction with residential agencies, to request temporary waivers of requirements located in OAC in order to provide temporary placement for youth in PCSA custody who have either tested positive, are presumed positive, or have been exposed to COVID-19, and for whom there would not otherwise be a placement resource for quarantine. The PCSA shall still seek placement resources with kin, foster families, and other residential facilities prior to placement in these temporary facilities. 

The residential facility will submit documentation of the requirements being requested for consideration of waiver to their ODJFS licensing specialist, unless a new facility and then should submit to the OFC Help Desk at: HELP-DESK-OCF@jfs.ohio.gov   This shall include the JFS 01376  “Rule Waiver Request for Agencies, CRCs and Group Homes” along with a cover letter explaining the  PCSA Directors they have been working with to identify capacity need.  The JFS 01290 “Application for Certification of Agency Functions” will need to be included for any new residential agencies and for any amendments to add facilities to existing residential certifications. Once received, ODJFS will conduct an emergency review of the waiver request by a committee of applicable staff within the Office of Families and Children and respond to the PCSA and residential agency if additional documentation is needed.  The licensing specialist will notify the residential agency when a decision has been made regarding the waiver. 

A temporarily established residential facility declared under this process will ensure safe placements are available for children of parents impacted by the pandemic and children in the custody of a PCSA or private child placing agency.

Any temporary facility granted waivers during this time shall meet all applicable regulatory requirements within 30 days of the expiration of the emergency rule to continue certification after that date. If the temporary facility is not able to meet all regulatory requirements by that date, all youth placed in the facility shall be moved to appropriate certified settings prior to that date.    

INSTRUCTIONS: The following chart identifies the material that needs to be removed from and inserted into the Family Children and Adult Service Manual (FCASM).