This letter transmits amendment to three Ohio Administrative Code (OAC) rules 5101:2-5-09, 5101:2-5-15 and 5101:2-5-35 surrounding foster care as a result of the passage of HB 110 of the 134th General Assembly and the five-year review. The rules will be effective November 15, 2021. The following is a list of the changes.

OAC 5101:2-5-09 entitled Personnel and Prohibited Convictions for Employment provides guidance to agencies on the background check requirements for personnel at an agency.  Paragraph (K) was amended to add subcontractors, interns and volunteers to the criminal check requirements for employees.  Paragraph (M) was amended to add subcontractors, interns and volunteers to the reference for criminal checks.  Paragraph (P) was amended to include subcontractors, interns and volunteers in the alleged perpetrator search requirements.  Paragraph (Q) was amended to add subcontractors, interns and volunteers to the sex offender registry search requirements.  A new paragraph (R) was added to ensure agencies complete a search for all employees, subcontractors, interns and volunteers who have never had an alleged perpetrator search or a sex offender search.

OAC 5101:2-5-15 entitled Volunteers and College Interns provides guidance to agencies on what requirements are needed for volunteers and interns.  The title of the rule has been changed to Volunteers, Interns and Subcontractors.  Paragraph (A) was amended to include a requirement for subcontractors to be trained.   A new paragraph (B) was added to ensure a volunteer, intern or subcontractor complies with the background check requirements of rule 5101:2-5-09 of the Administrative Code.  For purposes of a criminal background check in rules 5101:2-5-09 and 5101:2-5-09.1 of the Administrative Code, the volunteer, intern or subcontractor will be evaluated as if they are an employee.  Paragraphs (C), (D) and (E) were amended to add subcontractors.

OAC 5101:2-5-35 entitled Children’s Rights provides guidance to agencies on the rights of children placed in their care.  The title of the rule has changed to Foster Youth Bill of Rights.  The entire rule has been re-written in a format more easily readable with new and improved rights and processes.

INSTRUCTIONS:

The following chart indicates the materials that should be removed from the Family, Children and Adult Service Manual (FCASM) and the materials that are to be inserted in the FCASM.