This letter transmits amendments to Ohio Administrative Code
(OAC) rules 5101:2-9-04, 5101:2-9-07, 5101:2-9-09, 5101:2-9-15, 5101:2-9-18,
5101:2-9-26, 5101:2-9-31, 5101:2-9-35, as a result of the five-year review.
These rules will be effective May 1, 2023.
The following is a brief explanation of the changes:
OAC 5101:2-9-04 entitled General Maintenance
of a Residential Facility sets forth guidance on all structures,
grounds, furnishings, and equipment used on the grounds of a residential
facility be regularly maintained. The amendment within this rule includes the
requirement that the facility’s water supply be tested within twelve months
prior to initial certification and annually thereafter.
OAC 5101:2-9-07 entitled Emergency Planning
and Preparedness sets forth guidance for residential facilities to
develop and implement written procedures to follow in emergencies and
disasters. The amendment within this rule is the removal the requirement to
have an evacuation plan developed in consultation with the fire inspector.
OAC 5101:2-9-09 entitled Emergency Medical
Plan and First Aid Supplies sets forth guidance that each residential
facility will have a written medical emergency plan. The amendment within this
rule directs first aid supplies to be in each building used by children and a
copy of the emergency medical plan posted in each building used by children. In
addition, the rule now clarifies that employee training regarding
implementation of the emergency medical plan is to be maintained in the
employee training record.
OAC 5101:2-9-15 entitled Residential Facility
Handbook for Residents and their Families sets forth guidance for
residential facilities to have a handbook for the children and their families.
The amendment to this rule is changing language to direct the handbook contain
rules and expectations for residents and the inclusion of the foster youth bill
of rights.
OAC 5101:2-9-18 entitled Recreation and
Leisure Activities and Equipment sets forth guidance for residential
facilities to have a recreational program and provide activities and equipment.
The amendment to this rule is providing guidance for swimming activities when
youth are monitored by a person who has completed lifesaving or water safety
training.
OAC 5101:2-9-26 entitled Living Rooms, Dining
Rooms and Lounges sets forth guidance for a residential center to have
adequate space for eating. The amendment to this rule is reorganizing the
structure for clarity and adding group homes are to have a dining area large
enough to accommodate all children to eat at the same time.
OAC 5101:2-9-31 entitled Laundry Facilities
sets forth guidance for residential facilities to have operable laundry
facilities. The amendment to this rule is providing guidance on the use of
public laundromat as an option if the residential facility laundry is
inoperable or as a life skills training for older youth.
OAC 5101:2-9-35 entitled Additional
Programmatic Requirements regarding Behavior Management sets forth
guidance for a residential facility to establish a system to review dangerous
behavior and bringing to the attention of staff. The amendment to this rule is
reorganizing the structure for clarity.
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.
LOCATION
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REMOVE AND FILE AS OBSOLETE
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INSERT/REPLACEMENT
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Foster Care Licensing
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OAC 5101:2‑9‑04
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OAC 5101:2‑9‑04
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OAC 5101:2‑9‑07
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OAC 5101:2‑9‑07
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OAC 5101:2‑9‑09
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OAC 5101:2‑9‑09
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OAC 5101:2‑9‑15
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OAC 5101:2‑9‑15
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OAC 5101:2‑9‑18
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OAC 5101:2‑9‑18
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OAC 5101:2‑9‑26
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OAC 5101:2‑9‑26
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OAC 5101:2‑9‑31
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OAC 5101:2‑9‑31
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OAC 5101:2‑9‑35
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OAC 5101:2‑9‑35
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Transmittal Letters
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FCASMTL No. 519
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