This letter transmits amendments to two Ohio Administrative Code (OAC) rules, one rescinded rule and one new rule regarding foster care licensing as a result of the passage of HB 33 of the 134^th General Assembly and for the five-year review.  These rules will be effective April 1, 2024.

The following is a brief summary of the changes:

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

OAC 5101:2-5-09 entitled Personnel and prohibited convictions for employment provides guidance to agencies on the process for completing background checks for agency employees.  The rule was amended to remove all background check requirement language.  Specifically, paragraphs G through U were removed.  This language was moved to rule 5101:2-5-09.1.  Appendix A was removed and moved to rule 5101:2-5-09.1.  No other significant changes were made. 

OAC 5101:2-5-09.1 entitled Criminal records required for certain prospective employees and certified foster caregivers was rescinded and given a new title Criminal and background checks for college interns, subcontractors, volunteers, employees, board presidents, administrators, and foster caregivers.  This is a new rule that consolidates all background check requirements into one location to make it easier for agencies to locate.  Appendix A was added which is the former appendix A for rule 5101:2-7-02.  Appendix B was added which is the former appendix A for rule 5101:2-5-09.  Appendix C was added that lists the rehabilitation criteria for foster caregivers and Appendix D that lists the rehabilitation criteria for agency employees.  New criminal codes were added to appendix A and B to align with statutory changes in HB 33 of the 135^th General Assembly. 

OAC 5101:2-7-02 entitled General requirements for foster caregivers and applicants provides guidance to agencies on all criteria a foster care applicant must meet to be certified.  The rule was amended to remove all background check requirement language.  Specifically, paragraphs J, K, L, M, O, P Q and R were removed.  This language was moved to rule 5101:2-5-09.1.  Appendix A was removed and moved to rule 5101:2-5-09.1.  No other significant changes were made. 

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.