FCASMTL 537 (Amendments to Children Services Licensing OAC Rules 5101:2-5-40 and 5101:2-9-02 and to Children Substitute Care OAC Rules 5101:2-42-65 and 5101:2-42-66.1)
Family, Children and Adult Services Manual Transmittal Letter No. 537
January 29, 2024
TO: Family, Children and Adult Services Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Amendments to Children Services Licensing OAC Rules 5101:2-5-40 and 5101:2-9-02 and to Children Substitute Care OAC Rules 5101:2-42-65 and 5101:2-42-66.1

This letter transmits amendments to Ohio Administrative Code (OAC) rules in Chapters 5101:2-5, 5101:2-9 and 5101:2-42. The rules are being amended to meet the five-year rule review. These revisions will reduce organizational red tape, improve efficiency, and assist agencies provision of services to children in out-of-home care while not compromising child safety and permanency. These rules will be effective February 15, 2024.

The following is a brief summary of the changes and additions:

All rules have been amended to remove regulatory restrictive words as described in SB 9 of the 135th General Assembly.

OAC 5101:2-5-40 entitled Preplacement and continuing training programs provides guidance to agencies seeking to operate a preplacement training program or a continuing training program.  This rule is amended to remove the requirement of the annual submission of agency training plans and was replaced to require training plans be submitted when there is a new plan or changes to existing plans.

OAC 5101:2-9-02 entitled Staffing requirements provides guidance to agencies on supervision in the residential facility to ensure appropriate level of supervision in all areas of the facility. The number of hours a new staff member is required to have before being left unsupervised with residents is being reduced.

OAC 5101:2-42-65 entitled Caseworker visits and contacts with children in substitute care provides guidance to agencies regarding caseworker visits and contacts with the child and the substitute caregiver(s). Language requiring weekly contact with caregivers for children placed in special, exceptional, or intensive needs placements is being removed.

OAC 5101:2-42-66.1 entitled Comprehensive health care for children in placement guidelines for the public children service agencies (PCSAs) and private child placing agencies (PCPAs) on the coordination and prevision of health care for each child in the agency's care or in the custody, placed into substitute care. This rule is amended to remove the requirement for  medical screenings when a child’s placement changes or when a child is placed into foster care directly from a medical setting.

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.

LOCATION REMOVE AND FILE AS OBSOLETE INSERT/REPLACEMENT
Foster Care Licensing 5101:2‑5‑40 5101:2‑5‑40
  5101:2‑9‑02 5101:2‑9‑02

Social Services

Substitute Care

5101:2‑42‑65 5101:2‑42‑65
  5101:2‑42‑66.1 5101:2‑42‑66.1
Transmittal Letters   FCASMTL No. 537