This letter transmits two Ohio Administrative Code (OAC) rules 5101:2-38-01 and 5101:2-38-05 which are amended as part of the five-year rule review. These rules set forth the requirements that apply to a Public Children Services Agency (PCSA) when developing and completing a family case plan. These rules will become effective February 1, 2022.

The following is a brief explanation of the changes to these rules:

OAC 5101:2-38-01 entitled Requirements for PCSA Family Case Plan for In-home Supportive Services without a Court Order. The paragraph order within the rule has been restructured and language has been updated to reflect the changes to the family case plan. Revisions were made to require PCSAs to document and monitor engagement with required family case plan members. The revisions promote the ability to report on the ongoing contacts and attempts to engage family case plan participants and discourage the removal of parties from the family case plan. Documentation and supervisory oversight will be required for ongoing accountability when completing family search and engagement efforts for an adult party to the family case plan when required face-to-face contact is unable to be successfully completed by a PCSA. Requirements for converting a Prevention Services Plan to a Family Case Plan have been added.

OAC 5101:2-38-05 entitled PCSA Family Case Plan for Children in Custody or Under Protective Supervision. The paragraph order within the rule has been restructured and language has been updated to reflect the changes to the family case plan. Requirements regarding the documentation of the family and permanency team for a child placed in a qualified residential treatment program (QRTP) have been added. Revisions were made to require PCSAs to document and monitor engagement with required family case plan members. The revisions promote the ability to report on the ongoing contacts and attempts to engage family case plan participants and discourage the removal of parties from the family case plan. Documentation and supervisory oversight will be required for ongoing accountability when completing family search and engagement efforts for an adult party to the family case plan when required face-to-face contact is unable to be successfully completed by a PCSA. Requirements regarding independent living skills assessments and plans were clarified. Additionally, activities addressing PCSAs to exercise due diligence to inform relatives and kin of their options to care and support a child removed from their home were added.

INSTRUCTIONS:

The following chart indicates the materials that should be removed from the Family, Children and Adult Services Manual (FCASM) and the materials that should be added.