Influencing Public Policy Through Rules · responsibilities under law to protect children from abuse and neglect including but not limited to: …. (8) A school administrator or designee

Influencing Public Policy Through RulesShelby CullyChair, PCSAO Rules Committee Lucas County Children Services

Mary WachtelPCSAO

Use the chat panel to answer

1. Your name

2. Your agency

3. “I am in this workshop because…”

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Influencing Public Policy Through RulesShelby CullyChair, PCSAO Rules Committee Lucas County Children Services

Mary WachtelPCSAO

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POLL #1What is public policy?

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Public Policy Is……..

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Choices

A Closer Look at Rules

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What is a rule?

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Why should I care?

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Where do Rules come from?

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Federal Law

State Law

ODJFS

Anatomy of a Rule5101:2-1-01 Children services definition of terms

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In the beginning….

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5101 2 1 01

5101:2-1-01 Children services definitions of terms

: - -

Agency Number: 5101 is the

Department of Job

and Family

Services

Division

Number:2 is the Division of

Social Services

Chapter Number Principal Rule Number

In the middle….(A) This rule contains the definitions of terms used inChapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33,5101:2-36, 5101:2-37, 5101:2-38, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-44, 5101:2-47, 5101:2-48,5101:2-49, 5101:2-50, 5101:2-52 and 5101:2-53 of theAdministrative Code.

(B) Definitions.

(1) "Abandoned child", pursuant tosection 2151.011 of the Revised Code, means a childwho is presumed abandoned when the parents of thechild have failed to visit or maintain contact with thechild for more than ninety days, regardless ofwhether the parents resume contact with the childafter that period of ninety days.

(2) "Abused child," pursuant to section 2151.031 ofthe Revised Code, includes any child who:

(a) Is the victim of sexual activity as defined underChapter 2907. of the Revised Code, where suchactivity would constitute an offense under Chapter2907. of the Revised Code except that the courtneed not find that any person has been convicted ofthe offense in order to find that the child is anabused child.

…………

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Rule 5101:2-1-01

https://codes.ohio.gov/orc/2151.011


https://codes.ohio.gov/oac/5101:2-1-01

In the end….

Effective: 6/1/2019Five Year Review (FYR) Dates: 1/25/2019 and 06/01/2024Promulgated Under: 119.03Statutory Authority: 2151.412, 2151.421, 5103.03, 5153.166Rule Amplifies: 2151.01, 2151.011, 2151.031, 2151.421, 5103.035153.1612/30/1966, 10/02/1980, 01/14/1983, 04/01/1986, 06/14/1986, 08/01/1986, 10/01/1986, 01/01/1987, 04/01/1987, 09/28/1987 (Emer.), 12/27/1987, 01/01/1988, 02/01/1988, 01/01/1989, 01/01/1990, 06/01/1990, 07/01/1990, 07/02/1990 (Emer.), 10/01/1990, 01/01/1991, 01/13/1992 (Emer.), 07/01/1994, 09/18/1996, 02/18/1998 (Emer.), 05/14/1998, 03/18/1999 (Emer.), 06/17/1999, 10/15/2001, 01/01/2007, 10/01/2009, 06/01/2011, 08/01/2013, 07/01/2016, 10/01/2017

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Rule 5101:2-1-01












https://codes.ohio.gov/oac/5101:2-1-01

Poll #2What type of rules do you refer to most in your work?

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THE ODJFS RULES PROCESS

Pre-Clearance

Clearance JCARR

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OhioRuleReview.org

Pre-Clearance

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https://ohiorulereview.org/


http://www.odjfs.state.oh.us/clearances/public/

Clearance

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http://www.odjfs.state.oh.us/clearances/public/

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http://www.registerofohio.state.oh.us/rules/search/details/312340

JCARR

http://www.registerofohio.state.oh.us/rules/search/details/312340

http://www.registerofohio.state.oh.us/

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How to

Influence Rules

Educate

Yourself

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FOLLOW THE RULES

This Photo found here is licensed under CC BY 3.0

https://fabiusmaximus.com/2018/02/14/women-hitting-men-grr-power/

https://creativecommons.org/licenses/by/3.0/

GET INVOLVED

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Poll #3What is MORRPH?

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MORRPHMicroburst on Reviewing Rules and Program Hearing

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How to Analyze a Rule

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3 Perspectives…

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3 Perspectives…

Practice

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3 Perspectives…

Practice

Policy

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3 Perspectives…

Practice

Policy

Compliance

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(4) PCSA support and relinquishment prevention: allocate twenty million dollars each SFY

(a) Of these funds, the PCSAs are to designate fifteen per cent of the formula based allocation to work locally in accordance with section 337.180 of Amended Substitute House Bill 166 of the 133rd General Assembly.

Clearance language October 2019

PRACTICE

5101:9-6-24 Multi-system Youth (MSY) Funding

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(4) PCSA support and relinquishment prevention: allocate twenty million dollars each SFY……..

a) Of these funds, the PCSAs are to designate fifteen per cent of the formula-based allocation to work locally in accordance with section 337.180 of Amended Substitute House Bill 166 of the 133rd General Assembly.


PRACTICE

PCSAs will receive

these funds in early

2020 leaving less than

6 months to use the

funds

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POLICY

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POLICY

Why are PCSAs the only local

system required to contribute to

the FCFC pooled fund?

With rising placement costs,

PCSAs need a maximum amount

of these funds

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COMPLIANCE

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b)


COMPLIANCE

Section 337.180 of the

budget bill is silent on the

amount that PCSAs are

to designate to local

FCFCs

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The Result

Clearance

October 2019

Original- and Final-Filed

Jan 2020 and March 2020

4) …..

(a)Of these funds, the PCSAs are

to designate fifteen per cent of

the formula based allocation to

work locally in accordance with

section 337.180 of Amended

Substitute House Bill 166 of the

133rd General Assembly.

(1) For state fiscal year (SFY)

twenty the PCSA will

designate a minimum of five

per cent of its formula based

allocation; and

(2) For SFY twenty-one the PCSA

will designate a minimum of

ten per cent of its formula

based allocation.

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(G) The PCSA shall promptly disseminate all information determined to be relevant, except as specified in paragraph (E) of this rule, to any federal, state, or local governmental entity, or any agent of such entity, with a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect including but not limited to:

….

(8) A school administrator or designee when a PCSA intends to place a child in a foster home in a county other than the county in which the child resided at the time the child was removed from his home.

PRACTICE

5101:2-33-21 Confidentiality and Dissemination of Child Welfare Information

Pre-Clearance Language July 2019

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(G) The PCSA shall promptly disseminate all information determined to be relevant, except as specified in paragraph (E) of this rule, to any federal, state, or local governmental entity, or any agent of such entity, with a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect including but not limited to: ….


PRACTICE



It is important to collaborate with

local school districts for in county

placements

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POLICY



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….


POLICY



Exchange of information

with a school

administrator should not

be limited by geography

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….


COMPLIANCE



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COMPLIANCE



Need to ensure rule

language aligns with

requirements of Every

Student Succeeds Act

(ESSA)

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The Result

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Pre-Clearance

July 2019

Clearance

April 2020

Original-Filed May 2020

Final-Filed July 2020

(G) The PCSA shall promptly disseminate all information

determined to be relevant, except as specified in paragraph (E) of this rule, to any federal, state, or local governmental entity, or any agent of such entity, with a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect including but not limited to: ….

(8) A school administrator or designee

when a PCSA intends to place a child

in a foster home in a county other

than the county in which the child

resided at the time the child was removed from his home.


when afor any child in the custody of

the PCSA pursuant to rule 5101:2-42-

90 of the Administrative Code and the

Every Student Succeeds Act of 2015 20

U.S.C. 6311(g)(1)(E) intends to place a

child in a foster home in a county

other than the county in which the

child resided at the time the child was

removed from his home.


when afor any child in the custody of

the PCSA pursuant to rule 5101:2-42-

90 of the Administrative Code and the

Every Student Succeeds Act of 2015,

20 U.S.C. 6311(g)(1)(E). intends to

place a child in a foster home in a

county other than the county in which

the child resided at the time the child

was removed from his home.

RULES ON THE HORIZON

Family First Prevention Services Act

Prevention Services Rules (now through 4/21)

5101:2-33-70 SACWIS access

5101:2-5-11 Complaint handling

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Questions

Contact Us

Shelby [email protected]

Mary [email protected]

Documents

Influencing Public Policy Through Rules · responsibilities under law to protect children from abuse and neglect including but not limited to: …. (8) A school administrator or designee