This letter transmits nine amended rules as a result of the
five-year review. These rules will be
effective February 1, 2021. The
following is a brief explanation of the changes:
OAC rule 5101:2-5-05, entitled "Agency appeal of findings
of noncompliance," provides guidance to agencies on the process for
appealing a finding for an agency review.
Changes were made in paragraph (A) to have the agency submit their
appeals to ODJFS through the Ohio certification and license management system.
OAC rule 5101:2-5-06, entitled "Corrective action
plans," provides guidance to agencies on the process of submitting
corrective action plans when the agency is found to be out of compliance with
rule. Changes were made in paragraph (A)
to have the agency submit their corrective action plans to ODJFS through the
new Ohio certification and license management system.
OAC rule 5101:2-5-07, entitled "Denial or revocation of an
agency's certificate or certification to perform specific functions; temporary
certificates," provides guidance on the process of denying or revoking an
agency's certificate to operate.
Clarifying changes were made in paragraph (A)(3). Additional language was added to paragraph
(D) to add Title IV-E courts and others to be informed of an adjudication
order. The paragraph was also split and
the second half of paragraph (D) becomes a new paragraph (E).
OAC rule 5101:2-5-10, entitled "Child records,"
provides guidance to agencies on the minimum requirements of what is to be
included in a child's record.
Punctuation was added to paragraph (A).
No substantive changes were made.
OAC rule 5101:2-5-16, entitled "Consideration to be given
to child's religion, beliefs and practices," provides guidance to agencies
on the minimum requirements regarding allowing a child in care to practice their
religious beliefs. A sentence from
paragraph (B) was broken out into its own paragraph (C) for clarity. No substantive changes were made.
OAC rule 5101:2-5-22, entitled "Recommendations for initial
foster home certification," provides guidance to agencies on how to submit
a home for certification as a foster home.
Paragraphs (C), (D) and (E) were updated to remove the old manual paper
process and use the new SACWIS system as all public and private agencies now
are operating in SACWIS.
OAC rule 5101:2-5-25, entitled "Changing the certification
of a foster caregiver from one type of foster home to another," provides
guidance to agencies on the process to change a foster caregiver type. Paragraphs (E)(6) and (E)(7) were amended to
remove the old manual paper process use the new SACWIS system as all public and
private agencies now are operating in SACWIS.
OAC rule 5101:2-5-30, entitled "Foster care
amendments," provides guidance to agencies on the items that would require
an amendment for a foster home.
Paragraph (C)(5) was removed because all agencies have access to SACWIS
and the old paper process is obsolete.
New language in paragraph (D)(2) was added to require a national sex
offender search for new adult household members to align with revisions to
5101:2-5-09.1 pursuant to new ORC requirements. New language was added to
paragraph (D)(7) to require all new immunization requirements for new household
members of a foster home as described for foster caregivers in rule
5101:2-7-02, in alignment with the federal model standards.
OAC rule 5101:2-5-31, entitled "Sharing or transferring a
foster home," provides guidance to agencies the process of sharing and
transferring a foster home. Paragraph
(F)(3) was updated to allow a foster home record to be scanned for the transfer
process. Paragraphs (H)(1)(g) and (H)(3)
were amended to remove form dates. No
substantive changes were made.
INSTRUCTIONS:
The following chart depicts the material that should be deleted from the
Family, Children and Adult Services Manual (FCASM) and the materials that are
to be inserted in the FCASM.
LOCATION
|
REMOVE AND FILE AS OBSOLETE
|
INSERT/REPLACEMENT
|
Foster Care Licensing
|
OAC 5101:2‑5‑05
|
OAC 5101:2‑5‑05
|
|
OAC 5101:2‑5‑06
|
OAC 5101:2‑5‑06
|
|
OAC 5101:2‑5‑07
|
OAC 5101:2‑5‑07
|
|
OAC 5101:2‑5‑10
|
OAC 5101:2‑5‑10
|
|
OAC 5101:2‑5‑16
|
OAC 5101:2‑5‑16
|
|
OAC 5101:2‑5‑22
|
OAC 5101:2‑5‑22
|
|
OAC 5101:2‑5‑25
|
OAC 5101:2‑5‑25
|
|
OAC 5101:2‑5‑30
|
OAC 5101:2‑5‑30
|
|
OAC 5101:2‑5‑31
|
OAC 5101:2‑5‑31
|
Transmittal Letters
|
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FCASMTL No. 445
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