FCASPL 290 (Implementation Extension to the Effective Date of OAC Rule 5101:2-42-19 "Requirements for the Provision of Independent Living Service to Youth in Custody")
Family, Children and Adult Services Procedure Letter No. 290
August 17, 2015
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Implementation Extension to the Effective Date of the Ohio Administrative Code rule 5101:2-42-19 "Requirements for the Provision of Independent Living Service to Youth in Custody"
Administrative Code Chapter 42 Rule Revision Summary

The Ohio Administrative Code (OAC) 5101:2-42-19 has been amended to comply with the Preventing Sex Trafficking and Strengthening Families Act, Public Law (P.L) 113-183. The rule became effective July 15, 2015. The rule now includes independent living (IL) services and credit reports be provided to each youth in the custody of a public or private agency who has reached his or her fourteenth birthday or comes into custody after this age. To allow sufficient processing, ODJFS is extending the implementation date for this rule. Attached is a summary of the changes to the rule and policy guidance addressing areas of impact. This has been included for you and your staff to review.

Counties are responsible for assessing the fourteen and fifteen year olds in custody by using assessment tools such as the Daniel Memorial or Casey Independent Living Assessment tool. The rule requires that the independent living assessment be completed within sixty days from the youth's fourteenth birthday or entrance into agency custody if older than fourteen. The independent living plan must then be completed within thirty days of the completion of the assessment. The case plan amendment is due within seven days upon the completion of the independent living plan.

For children age fourteen and fifteen currently in the custody of the agency you may choose to delay the initiation of these new requirements until October 29, 2015.

The Office of Families and Children is working to update SACWIS functionality with regards to the Semiannual Administrative Review (SAR)/Case Review for children who are fourteen and fifteen. Currently, the Independent Living Services hyperlink on the SAR/Case Review only appears when the system recognizes a child in custody who is at least sixteen years old. Until this functionality is updated, ODJFS is offering the following guidance to agencies when SARs and Case Reviews are being completed on children who are fourteen and fifteen:

1)Click on the Case Analysis topic on the SAR/Case Review Topics screen.

2)In the narrative box "Describe the reasons for the case status selected above. Discuss how the risk reassessment, safety review, family perception, case progress review, including strengths and needs summary and services review informs change readiness of the family, permanency planning and service provision. If the case is being closed, provide a summary justifying case closure." Address the following along with any other narrative you would add:

a)The status of the Independent Living Assessment including the completion date, if completed.

b)The status of the Independent Living Plan

c)The date of the most recent Readiness Review

d)Credit Report Review information (reference rules 5101:2-38-10 for credit report requirements).

i)Date the credit report was requested, if applicable.

ii)Date the credit report was provided to the child, if applicable.

iii)Date inconsistencies were reported to the Ohio Attorney General or a statement that inconsistencies were not found on the report, if applicable.

If there are questions or concerns please contact the SACWIS Help Desk or your Technical Assistance Specialist.


The following chart depicts what materials should be inserted into the Family, Children and Adult Services Manual (FCASM).