This letter transmits Ohio Administrative Code (OAC) 5101:2-38-07 which was amended as part of the five-year rule review. This rule sets forth the requirements that apply to a private child placing agency (PCPA) when developing and completing a family case plan. This rule will become effective February 1, 2022.

The following is a brief explanation of the changes to this rule:

OAC 5101:2-38-07 entitled PCPA Family Case Plan for Children in Custody or Under Court-Ordered Protective Supervision. The paragraph order has been restructured and language has been updated to reflect the changes to the family case plan. Language was added to include the documentation requirements of the family and permanency team for a child placed in a qualified residential treatment program (QRTP). Revisions were made to require PCPAs 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 PCPA. Requirements regarding independent living skills assessments and plans were clarified. Additionally, activities addressing PCPAs to exercise due diligence in informing 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.