This letter transmits three amended Ohio Administrative Code (OAC) rules and two new OAC rules related to licensing of Children’s Crisis Care Facilities, Residential Infant Care Centers, and Family Preservation Centers.  These rules have been amended and developed in accordance with new requirements resulting from Substitute House Bill 265 of the 134th General Assembly (HB 265), including one of these rules, OAC 5101-2-9-36, also undergoing five-year review.  The following is brief explanation of the rules that will be effective on 1/1/2023.

OAC 5101:2-1-01 entitled Children Services Definitions of Terms sets forth definitions of terms used in Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-36, 5101:2-37, 5101:2-38, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-44, 5101:2-45, 5101:2-47, 5101:2-48, 5101:2-49, 5101:2-50, 5101:2-52 and 5101:2-53 of the Ohio Administrative Code. The amendment to this rule includes two new definitions, Family Preservation Center and Residential Infant Care Center, along with a reference correction for the definition of relative.

OAC 5101:2-5-03 entitled Certification of an Agency to Perform Specific Functions sets forth guidance on the types of foster care certifications an agency may receive from ODJFS.  Paragraphs (A), (C), and (D) were amended to add the new facility types of Residential Infant Care Centers and Family Preservation Centers.

OAC 5101:2-9-36 entitled Additional Requirements for Children’s Crisis Care Facilities sets forth guidance for Children’s Crisis Care Facilities with the primary purpose of residential care for pre-teens. This rule is also being reviewed under the five-year review requirement.  The amendment to this rule includes removal of waivers, limiting residential care to fourteen days if a pre-teen is placed by a public children services agency (PCSA) or private children placing agency (PCPA). New requirements are being added for the safety and monitoring of sleeping infants and other clarifying language.

OAC 5101:2-9-43 entitled Residential Infant Care Center is a new rule and sets forth guidance with the primary purpose the provision of residential services for infants affected by substance use and the preservation of families through infant diversion practices and programs.

OAC 5101:2-9-44 entitled Family Preservation Center is a new rule and sets forth guidance for a new certificate and prevention service for actively licensed Children’s Crisis Care Facility or a Residential Infant Care Center.

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