FCASMTL 455 (Amendments to Ohio Administrative Code Rules in Chapter 5101:2-33)
Family, Children and Adult Services Manual Transmittal Letter No. 455
April 2, 2021
TO: Family, Children and Adult Services Manual Holders
FROM: Matt Damschroder, Interim Director
SUBJECT: Amendments to Ohio Administrative Code Rules in Chapter 5101:2-33

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