This letter transmits thirteen Ohio Administrative Code (OAC)
rules governing the adult protective services (APS) program, including twelve
rules requiring five-year rule review along with the addition of one new rule.
These rules will become effective October 1, 2021.
The following is a summary of the rules:
OAC 5101:2-20-01 entitled Adult
Protective Services Definitions sets forth definitions of
terminology used by those working in the APS field. This rule has been amended
to update a reference to the Ohio Revised Code and to remove a definition.
OAC 5101:2-20-02 entitled Ohio
Database for Adult Protective Services (ODAPS) sets forth the
requirements for the collection and submission of APS data in the ODAPS system.
This rule has been amended to remove a form revision date.
OAC 5101:2-20-03 entitled Adult
Protective Services Designated Agency Provisions sets forth
requirements which allow county departments of job and family services (CDJFS)
to designate an agency to investigate and evaluate the need for adult
protective services. This rule has been amended to update a reference to the
Ohio Revised Code.
OAC 5101:2-20-04
entitled Adult
Protective Services Case Records sets forth the requirements for
developing and maintaining case records for each adult referred to the APS
program. This rule has been amended for spelling corrections.
OAC 5101:2-20-05 entitled Confidentiality
and Dissemination of Adult Protective Services Information
outlines the confidential nature of adult abuse, neglect, or exploitation
reports and specifies when release of such information is required or
permissible. This rule has been amended to update a reference to the Ohio
Revised Code.
OAC 5101:2-20-06 entitled The
County Adult Protective Services Memorandum of Understanding
sets forth the requirements for the CDJFS and their designated agencies when
creating a memorandum of understanding. There is no change to this rule.
OAC 5101:2-20-07
entitled Education
and In-service Training Requirements for APS Caseworkers and Supervisors
sets forth the training requirements for APS caseworkers and supervisors. This
rule has been amended for clarification of those required to complete training.
OAC 5101:2-20-11 entitled Adult
Protective Services Screening sets forth the requirements for the
receiving and screening of written and/or oral referrals of adult abuse,
neglect, or exploitation. This rule has been amended to clarify the timeframe
for completing a screening decision.
OAC 5101:2-20-12 entitled Adult
Protective Services Assessment and Investigation sets forth the
requirements for the CDJFS, and their designated agencies, to use the
assessment and investigation of adult abuse, neglect, or exploitation. This
rule has been amended to clarify language and correct spelling.
OAC 5101:2-20-13 entitled Adult
Protective Services Third Party Investigation sets forth the
requirements for the CDJFS, or their designee, during the investigation of
adult abuse, neglect, or exploitation if there is a conflict of interest. This
rule has been amended to update a reference to the Ohio Revised Code.
OAC 5101:2-20-14 entitled Requirement
for Cross-referring Reports of Elder Abuse, Neglect, or Exploitation
sets forth the requirements for a CDJFS to make a referral to an outside
agency. There is no change to this rule.
OAC 5101:2-20-16 entitled Service
Planning and Case Review for Adult Protective Services sets forth
the requirements for the CDJFS, or their designee, during the delivery of
protective services. This rule has been amended to update a reference to the
Ohio Revised Code.
OAC 5101:2-20-17 entitled Adult
Protective Services Disaster Preparedness Plan Requirements is a
new rule that sets forth the requirements for the CDJFS, or their designee, to
have a plan to continue operations in instances of a disaster.
INSTRUCTIONS: The following chart
indicates 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
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REMOVE AND FILE AS OBSOLETE
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INSERT/REPLACEMENT
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Social Services
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5101:2‑20‑01
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5101:2‑20‑01
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5101:2‑20‑02
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5101:2‑20‑02
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5101:2‑20‑03
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5101:2‑20‑03
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5101:2‑20‑04
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5101:2‑20‑04
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5101:2‑20‑05
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5101:2‑20‑05
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5101:2‑20‑06
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5101:2‑20‑06
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5101:2‑20‑07
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5101:2‑20‑07
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5101:2‑20‑11
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5101:2‑20‑11
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5101:2‑20‑12
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5101:2‑20‑12
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5101:2‑20‑13
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5101:2‑20‑13
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5101:2‑20‑14
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5101:2‑20‑14
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5101:2‑20‑16
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5101:2‑20‑16
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5101:2‑20‑17
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Transmittal Letters
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FCASMTL No. 468
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