On July 6, 2000, Governor Bob Taft signed into law Sub. HB. 448-legislation which increases protection of children and promotes agency accountability. This legislation becomes effective on October 5, 2000. ODJFS plans to implement new and revised Ohio Administrative Code (OAC) rules to comply with Sub. HB. 448 by January 1, 2001. Please be advised that compliance with Sub. HB. 448 is required effective October 5, 2000.
To assist you while the department pursues the rule-making process to implement the new and revised rules, a summary of the proposed rules is attached. These rules will affect Section 5101:2, Chapters 5, 7, 34, 35, 39, 42, 47, and 48.
In addition to this summary, ODJFS will offer an "Executive Briefing" designed for agency directors and administrators. ODJFS will also provide regional full-day "Train-the-Trainer" technical assistance sessions, focusing on Sub. HB. 448, as well Sub. HB. 332, the foster parent training legislation. The OAC rules for these two bills will also be covered. The dates for these briefings will be announced later.
Finally, please note that an electronic copy of Sub. HB. 448, Sub. HB. 332, final analysis and fiscal notes can be found at http://www.legislature.state.oh.us. If you do not have electronic access and would like a hard copy, you may request one from James Lacks at (614) 728-7843.
If you have any questions, please contact your Regional Office Technical Assistance Specialist.
| OAC Rule Number | Brief Explanation of Proposed Changes |
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| 5101:2-1-01 | DRAFT - New definitions enacted by HB. 448
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| 5101:2-5-04 (Revised) | DRAFT - Clarifying amendments to paragraph (A); new audit requirements for PCPAs and PNAs in paragraph (B); changes related to the changing of the name of the department from ODHS to ODJFS are made throughout the rule.
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| 5101:2-5-08 (Revised) | DRAFT - In paragraph (A), a new requirement for agency governing body members to be unrelated to each other or the agency administrator is inserted; in (A)(5) a reference is made to the new audit requirements inserted into OAC rule 5101:2-5-04 and previous language on audit requirements is deleted; changes related to the changing of the name of the department from ODHS to ODJFS are made throughout the rule.
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| 5101:2-5-09 (Revised) | DRAFT - A technical amendment is made in paragraph (C)(1). Note that unlike the criminal records check for foster caregivers and adult members of a foster caregiver's household, the criminal records check requirement for agency employees and volunteers has not changed.
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| 5101:2-5-091 (Revised) | DRAFT - In paragraph (A), changes were made to clarify those persons subject to a criminal records check; in paragraphs (A), (B), (C) and (D) changes were made to assure that responsibility for obtaining required criminal records checks rests with the administrative director of an agency; in (C)(3) new language requires a criminal records check to be conducted for other adult members of a foster caregiver's household; in (E), (H), (I) and (L) change the reference to refer to any person subject to a criminal records check rather than those referenced in (A); in (F) add the requirement for a prospective foster caregiver to be responsible for providing the fingerprint impressions of other adult household members; in (O), remove an outdated reference to 5101:2-7-02(P); a new paragraph (P) is created by moving the contents of 5101:2-7-02(P) to this rule (the effect is to put the required evaluation contents near the requirement of paragraph (O) for an evaluation to be conducted whenever a certified foster caregiver or an adult resident of a family foster home is convicted of one of the prohibited crimes listed in paragraph (J) of 5101:2-7-02); changes related to the changing of the name of the department from ODHS to ODJFS are made throughout the rule.
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| 5101:2-5-13 (Revised) | DRAFT - In (A)(3)(v), the word "needs" was changed to "backgrounds" to more closely reflect the intent of federal MEPA/IEPA law; a new (A)(6) requires agencies to have a policy on the notification by a foster caregiver if any 12 to 18 year old resident of a family foster home has committed one of the prohibited offenses listed in Appendix A of rule 5101:2-7-14; succeeding paragraphs are re-numbered accordingly; in (A)(7) require agencies to have a policy detailing any reimbursement for respite care; in (A)(12) remove language related to federal MEPA/IEPA law and reference rules 5101:2-48-11 and 2-48-16; in (A)(25) require the agency's confidentiality policy to address disseminating information to a child fatality review board; changes related to the changing of the name of the department from ODHS to ODJFS are made throughout the rule
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| 5101:2-5-21 (Revised) | DRAFT - Changes related to the changing of the name of the department from ODHS to ODJFS are made throughout the rule; in paragraphs (B), (C), (D), (E) and (F) new language permits the use of either the ODJFS 01673 or the ODJFS 01349 to be used in doing a foster homestudy.
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| 5101:2-5-22 (Revised) | DRAFT - Changes related to the changing of the name of the department from ODHS to ODJFS are made throughout the rule; permits the use of either the ODJFS 01673 or the ODJFS 01349 to be used in doing a foster homestudy.
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| 5101:2-5-28 (Revised) | DRAFT - In paragraphs (A) and (F) changes related to the changing of the name of the department from ODHS to ODJFS are made; in (A)(9) new language specifies that conviction of one of the prohibited offenses by an adult resident of a family foster home or a 12 to 18 year old residing in the home may be considered valid cause to deny or revoke a foster home certificate; the existing language of (B) is deleted and replaced with new language requiring an agency to review the foster home certificate and any placements and, if necessary, notify custody holders and recommend revocation if any of the circumstances of paragraph (A) exist in a foster home; a new paragraph (C) requires an agency to notify ODJFS (upon notification by a foster caregiver) when a 12 to 18 year old foster home resident has been convicted of one of the prohibited offenses - ODJFS is required to revoke the foster home certificate in these circumstances
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| 5101:2-7-02 (Revised) | DRAFT - In (F) and (G) changes related to the changing of the name of the department from ODHS to ODJFS are made; in (J)(1) and the Appendix, two new arson related crimes are added to the list of prohibited offenses; in (P) existing language has been moved to a new paragraph (P) in rule 5101:2-5-091 and new language is added regarding denial of a foster home certificate upon notification of the conviction or adjudication of delinquency of a 12 to 18 year old resident of a family foster home of any of the prohibited offenses.
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| 5101:2-7-14 (Revised) | DRAFT - In (G) add new language to require a foster caregiver to notify the recommending agency of any conviction of a 12 to 18 year old resident of a family foster home of any of the prohibited offenses; add an Appendix A to list the prohibited offenses.
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| 5101:2-33-19 (New Rule) | DRAFT - This rule sets forth the penalties for PCSAs, PCPAs and PNAs for failure to comply with fiscal accountability. This rule is new with no prior effective date.
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| 5101:2-34-32 (Revised) | DRAFT
(A) Changes the determination being made by the PCSA from degree of risk to the immediacy of need for response based on the information provided at the time the report is made.
(F) Specifies that both a case resolution and disposition are to be made pursuant to the provisions of this rule.
(G)(2) Specifies that each child resident of the home must be interviewed and outlines the purpose for this. Also specifies the circumstances under which the PCSA may not be required to interview a child residing in the home and how that is to be documented.
(I)(1) Changes the name of the risk assessment model.
(S) Specifies that both a case resolution and disposition are to be made by completing the structured decision making steps of the risk assessment matrix.
(T) Specifies the situations where only a case disposition is required.
(U) Specifies that both the case disposition and case resolution are to be entered into the Central Registry upon the completion of an investigation or assessment.
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| 5101:2-34-33 (Revised) | DRAFT
(A) Changes the name of the risk assessment model and outlines the purpose of completing the risk assessment.
(D) Changes the name of the risk assessment model.
(F) Outlines the names of the factors and elements of the risk assessment matrix.
(G) Specifies that both a case disposition and resolution are to be made after completing the risk assessment matrix.
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| 5101:2-34-34 (Revised) | DRAFT
(B) Adds word "finding"
(B)(9) becomes (C) - Changes the name of the risk assessment model (all other letters move forward one).
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| 5101:2-34-36 (Revised) | DRAFT
Defines out-of-home perpetrator as a "stranger"
(A)(1) Requires that the out-of-home perpetrator not be a member of the child victim's immediate or extended family
(B)(4) Outlines the timeframes the PCSA must follow in attempting to conduct a face-to-face interview with an alleged child victim
(C) Deleted (all other letters move back one).
(D) Changes the elements to be evaluated to coincide with the titles of elements used in the risk assessment matrix
(F) Requires that the PCSA make a case disposition (not resolution)
at the conclusion of the investigation
(H) Changes the term from assessment to investigation
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| 5101:2-34-37 (Revised) | DRAFT - Changes the name of the risk assessment model.
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| 5101:2-34-38 (Revised) | DRAFT
(E)(1)(h) Specifies when information from the case record must be provided to a school administrator or designee.
(E)(1)(l) Specifies when information from the case record must be provided to a Child Fatality Review Board.
(E)(2)(h) Adds foster parents to the list of individuals or non-public agencies to whom the PCSA can release information
(E)(3)(b) Adds language that information may be released when it is determined to be in the best interests of a child and necessary for the protection of a child in an out-of-home care setting.
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| 5101:2-35-16 (Revised) | DRAFT
(B) Specifies the information to be entered into FACSIS any time after the PCSA begins an assessment/investigation, but no later than 24 hours after they make a disposition/resolution.
(C) Specifies that information to be entered into FACSIS within 24 hours of the time the PCSA makes a disposition/resolution.
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| 5101:2-35-77 (Revised) | DRAFT
All references to assessment changed to assessment/investigation.
(I)(7) Requires a case disposition be made in addition to a case resolution.
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| 5101:2-39-02 (Revised) | DRAFT
(B) Specifies that both a case disposition and resolution are to be made for assessments and a disposition is to be made for investigations.
(C) Changes the name of the risk assessment model.
(D) Information to be documented in the case record including (6) both the case disposition and resolution, and (11) information released to a Child Fatality Review Board.
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| 5101:2-39-07 (Revised) | DRAFT - (E) Changes the name of the risk assessment model.
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| 5101:2-39-08 (Revised) | DRAFT
(C) Adds disposition as a criteria for providing services to the parent, guardian or custodian.
Changes the name of the risk assessment model.
(M) Adds provision for closing a case by court order.
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| 5101:2-39-081 (Revised) | DRAFT
(A) Changes the name of the risk assessment model.
(I) Wording changes.
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| 5101:2-39-082 (Revised) | DRAFT - (H) Changes the name of the risk assessment model.
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| 5101:2-39-12 (Revised) | DRAFT - (A) Changes the name of the risk assessment model.
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| 5101:2-42-43 (Revised) | DRAFT
New (B) Outlines the purpose for conducing the semiannual administrative review (previously outlined in 5101:2-39-081(all other letters move forward one).
(D) becomes (E) - Changes the name of the risk assessment model.
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| 5101:2-47-261 (New) | DRAFT - This rules sets forth the procedures for monitoring cost reports submitted by PCSAs, PCPAs and PNAs, along with the requirement for filing a single cost report form. This rule is new with no prior effective date.
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| 5101:2-47-262 (New) | DRAFT - This rule sets forth the audit requirements for PCSAs, PCPAs and PNAs. This rule is new with no prior effective date.
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| 5101:2-48-05 | DRAFT - (A)(13) Adds requirements that agencies provide a description of all state and federal subsidies including the eligibility and application requirements.
(D)(1) Adds requirement that agencies add Race, Culture and Ethnicity of the children available for adoption.
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| 5101:2-48-06 | DRAFT - (B) Adds language that prohibits an person who does not complete the required training from performing assessor duties.
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| 5101:2-48-08 | DRAFT - (A)(4) Adds requirements that agencies provide a description of all state and federal subsidies including the eligibility and application requirements.
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| 5101:2-48-10 | DRAFT - (J) Adds additional foster care rule cite.
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| 5101:2-48-11 | DRAFT
(E) Adds requirement of a new application form for foster caregivers that wish to adopt a child who has been placed in their home for at least twelve months
(F) Adds requirement that agencies inform foster caregivers they will be given consideration unless the placement is not in the best interest of the child.
(G) Adds requirements that agencies may not require additional information from foster caregivers; including BCII checks, but they must inform the foster caregiver that the court may not finalize the adoption without a BCII check.
(H) Adds procedures for agencies to follow upon receipt of the foster caregiver application.
(I) Adds language that directs agencies to the Ohio Administrative Code rules governing placement decisions.
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| 5101:2-48-12 | DRAFT - (L) Adds language that states homestudy updates are valid for two years from the date of the initial approval.
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| 5101:2-48-14 | DRAFT - (B)(1) Deletes reference to cultural heritage
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| 5101:2-48-16 | DRAFT - (C) Adds items to be taken into consideration when determining the best interest of the child.
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| 5101:2-48-17 | DRAFT - (H) Requires an agency to notify the PCSA in the county in which an adoptive placement will occur.
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| 5101:2-47-44 | DRAFT
(G) Exempts foster caregivers from the ODJFS 1699, "Prefinalization Adoption Assessment Report.
(H) Adds language clarifies the foreign decree constitutes a final decree of adoption.
(F) Adds language that indicates Non-Recurring Adoption Expenses cannot be applied for, or approved after a final decree has been issued.
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