This letter transmits four Ohio Administrative Code rules
amended as a result of five-year review. The rules will be effective April 12,
2021. The following is a brief explanation of the changes:
OAC 5101:2-33-03 entitled Procedure for Complaints of Alleged Discriminatory Acts, Policies
or Practices in the Foster Care or Adoption Process that Involve Race, Color or
National origin details the procedure that each public children services
agency (PCSA), private child placing agency (PCPA), and private noncustodial
agency (PNA) shall follow when a complaint of discrimination is filed. The
revision dates were removed throughout.
OAC 5101:2-33-11 entitled Multiethnic Placement Act (MEPA) Agency Administrative Requirements
details the responsibilities of the public children services agency and private
child placing agency to designate MEPA monitors and the duties of the MEPA
monitor. The rule also details the annual requirements of each private
non-custodial agency, public children services agency, and private child
placing agency to submit data and complete a Biennial Comprehensive Assessment.
Paragraph (D) and (E) were deleted, as the requirements were obsoleted per
Procedure Letter No. 325 in January 2018. The requirement for agencies to
review and update their foster care and adoption recruitment plans annually was
added. Wording in paragraph (F) was
clarified. The revision dates were removed throughout.
OAC 5101:2-33-13 entitled Administrative Procedures for Falsification in Adoption provides
guidance to agencies on the procedures that must be followed if the agency
suspects a false statement or false documents has knowingly been submitted
during the homestudy process. The rule details the steps to be taken if this is
discovered before and after approval of the homestudy. The revision dates were
removed throughout.
OAC 5101:2-33-70 entitled Statewide Automated Child Welfare Information System (SACWIS) Access
provides guidance to agencies on how to obtain access and on what information
is to be entered into SACWIS. Additionally, the rule states who may be granted
access to SACWIS and the responsibility of those with access to maintain
confidentially of the information within SACWIS. Wording in paragraph (E) was
clarified. Paragraph (F) was removed due
to redundancy, as a result lettering was changed as needed throughout the rule.
30 Days to Family specialist were added to the list of staff that could be
granted access to SACWIS. There was a correction to a paragraph referenced from
another rule. The revision dates were removed throughout.
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
|
Management and Administration
|
5101:2‑33‑03
|
5101:2‑33‑03
|
Management and Administration
|
5101:2‑33‑11
|
5101:2‑33‑11
|
Management and Administration
|
5101:2‑33‑13
|
5101:2‑33‑13
|
Social Services
|
5101:2‑33‑70
|
5101:2‑33‑70
|
Transmittal Letters
|
|
FCASMTL No. 455
|