FCASMTL 546 (Five Year Rule Review and Amendment of Title IV-E Foster Care Maintenance Rule 5101:2-47-23.1 and Recission of Rule 5101:2-47-24)
Family, Children and Adult Services Manual Transmittal Letter No. 546
May 23, 2024
TO: Family, Children and Adult Services Manual Holders
FROM: Kara B. Wente, DCY Director; Matt Damschroder, ODJFS Director
SUBJECT: Five Year Rule Review and Amendment of Title IV-E Foster Care Maintenance Rule 5101:2-47-23.1 and Recission of Rule 5101:2-47-24

This letter transmits amendment to Ohio Administrative Code (OAC) rule 5101:2-47-23.1 and to rescind OAC rule 5101:2-47-24. These revisions are being made as a result of the five-year rule review process, regulatory restricted language as described in SB 9 of the 135th General Assembly was removed and red-tape reduction by combining two rules into one rule.  These rule changes will be effective June 1, 2024.

The following is a brief explanation of the changes.

All rules and forms have been amended to remove regulatory restrictive words as described in SB 9 of the 134th General Assembly.

OAC 5101:2-47-23.1 "Title IV-E Agency Contracting and Contract Monitoring."The rule has been amended to incorporate title IV-E agency contract and contract monitoring requirements for placement of children with a parent in a substance use disorder (SUD) residential facility.  Each Title IV-E agency is to complete the “agreement for Title IV-E agencies and providers for the provisions of a child placement”, including the schedule A.  The agreement is to be signed by the Title IV-E agency and SUD residential facility. The terms "substance use disorder SUD residential facility" was added to (B), (C), and (D). The per diem amounts including the reimbursable maintenance costs for children placed in SUD residential facilities are clarified in (G)(7), (G)(8), and (G)(9). Regulatory restricted language was removed throughout the rule. Reference to Ohio Statewide Automated Child Welfare Information System (SACWIS) has been updated throughout the rule to refer to the automated system as “Ohio SACWIS”.

OAC 5101:2-47-24 "The IV-E agency contract and contract monitoring requirements for placement of children with a parent in a substance use disorder (SUD) residential facility." Outlines placement contracts with licensed family-based residential treatment facility for substance abuse.  This rule is being rescinded and incorporated in OAC rule 5101:2-47-23.1

INSTRUCTIONS:

The following chart depicts what materials should be deleted from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.

LOCATION REMOVE AND FILE AS OBSOLETE INSERT/REPLACEMENT
MANAGEMENT AND ADMINISTRATION OAC 5101:2‑47‑23.1 OAC 5101:2‑47‑23.1
  OAC 5101:2‑47‑24  
TRANSMITTAL LETTERS   FCASMTL No. 546