Chapter 5101:2-48 Adoption

5101:2-48-02 Putative father registry.

(A) The "Ohio Putative Father Registry" (OPFR), as defined in rule 5101: 2-1-01 of the Administrative Code, is designed to:

(1) Facilitate the registration of putative fathers who want to be notified in the event that their child may be placed for adoption.

(2) Facilitate interested parties' efforts to identify a putative father through submission of a request for a search to be conducted on the OPFR.

(B) When a putative father contacts the PCSA or PCPA, the PCSA or PCPA shall provide the JFS 01694 "Putative Father Registry Registration Form" (rev. 11/2010) to the putative father or refer the putative father to the ODJFS putative father registry website, https://pfrpub.odjfs.state.oh.us/pfrweb/webforms/home.aspx [File Link Not Available].

(C) To register, a putative father shall register online or complete the JFS 01694 and submit it to the Ohio putative father registry at ODJFS.

(D) The putative father may register prior to the birth of the child or within thirty days following the birth of the child.

(E) The mother of the child, the PCSA or PCPA involved in arranging a child's adoption, or attorneys representing any of these parties may request a search of the OPFR by completing the JFS 01695 "Application for Search of Ohio Putative Father Registry" (rev. 11/2010) and submitting it to the Ohio putative father registry at ODJFS or by submitting the request online via the ODJFS putative father registry website,https://pfrpub.odjfs.state.oh.us/pfrweb/webforms/home.aspx [File Link Not Available].

(F) The PCSA or PCPA shall determine if there is a putative father by doing the following:

(1) Work with the mother to identify the name of the child's father and determine if either parent is eligible for membership with an American Indian tribe.

(2) Contact the Ohio putative father registry to request a search be conducted on the OPFR to determine if the child's father is registered on the OPFR. A request for a search of the OPFR may be made at any time. Afinal search of the OPFR shall be made no sooner than thirty-one days after the birth of the child.

(G) The mother of the child, the PCSA or PCPA involved in arranging the adoption of the child, or attorneys representing any of these parties may request the status of a final search if results have not been received within seven business days of the date the final request was submitted.

(H) The PCSA or PCPA is not required to search the OPFR for court proceedings on adoption of a child if:

(1) The mother was married at the time the child was born or conceived.

(2) The parent placing the child previously adopted the child.

(3) Prior to the date the petition to adopt the child is filed, a man has been determined to have a parent and child relationship with the minor by:

(a) A court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code.

(b) A court proceeding in another state.

(c) An administrative agency proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code.

(d) An administrative agency proceeding in another state.

(e) A signed acknowledgment pursuant to section 2151.232, 3111.25 or 3111.821 of the Revised Code.

(4) The PCSA or PCPA has permanent custody of the child pursuant to Chapter 2151. or division (B) of section 5103.15 of the Revised Code.

(I) The PCSA or PCPA arranging the adoption shall file the response received from the Ohio putative father registry's office with the court prior to the issuance of the final adoption decree or the interlocutory order of adoption.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.065 , 5153.16
Rule Amplifies: 3107.062 , 3107.063 , 3107.064 , 5153.16
Prior Effective Dates: 1/14/83, 6/1/85 (Emer.), 8/12/85, 9/18/96, 2/13/98(Emer.), 5/14/98, 9/1/03, 5/15/09, 3/1/11

5101:2-48-03 Requirement of "Social and Medical History".

(A) The public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial (PNA) shall obtain information for the social and medical histories of the biological parents from the following sources:

(1) Written information and interviews with the biological parents of the child.

(2) Written information and interviews with other persons having knowledge of the biological parents and their ancestors.

(3) Any available records, if the biological parents or the legal guardian of the biological parents consents to release of information contained in the record.

(4) Results of a medical examination that the PCSA, PCPA or PNA may have requested for the biological parent. In the event the biological parents refuse to consent to a medical examination, this shall be noted on the JFS 01616 "Social and Medical History" (rev. 6/ 2009).

(B) Blank copies of the JFS 01616 shall be provided to the biological parents or other persons who can supply social and medical information on the biological parents and their ancestors.

(C) The PCSA, PCPA, or PNA shall complete an initial JFS 01616 prior to termination of parental rights, whether by court commitment or permanent surrender to assure:

(1) There is sufficient information available to place the child appropriately.

(2) The prospective adoptive family has sufficient information on the social and medical history of the biological family in order to make an informed decision about accepting placement of the child.

(3) Appropriate subsidies can be planned for the child and family.

(D) Following termination of parental rights, the PCSA, PCPA, or PNA shall continue to obtain additional social and medical information on the biological parents and the ancestors of the minor which can be used to update or complete the JFS 01616. All social and medical history information needed to complete the JFS 01616 shall be obtained prior to submission of the JFS 01699 "Prefinalization Adoption Assessment Report" (rev. 12/2006) to the court in accordance with the requirements contained in rule 5101: 2-48-17 of the Administrative Code.

(E) When completing the JFS 01616, the PCSA, PCPA, or PNA shall not include identifying information about the biological parents or other ancestors of the minor.

(F) If any of the social and medical history information is not available, the agency shall document and maintain in the case record attempts to obtain this information.

(G) The PCSA, PCPA or PNA shall advise the biological parents or other persons supplying information of the right to correct or expand upon the information contained on the JFS 01616 at any time prior to or subsequent to the adoption of the child, including any time after the child becomes an adult, by submitting such correction or expansion to the assessor, the court involved in the adoption, the Ohio department of health (ODH), or the Ohio department of job and family services (ODJFS).

(H) The assessor, court, ODH or ODJFS receiving corrected or additional information to include on the JFS 01616 shall determine compliance with section 3107.09 or 3107.091 of the Revised Code prior to filing it with the court that issued the interlocutory order or final decree of adoption.

(I) If the assessor, court, ODH or ODJFS determines that the information supplied for inclusion in the social and medical history cannot be included in the record, written notification of this decision shall be made to the biological parent or other person supplying the information. The written notification shall also indicate that upon receipt of the notification, a petition can be filed with the court which was involved in the adoption to request the court review the information and determine whether the information may be included in the social or medical history.

(J) The PCSA, PCPA, or PNA shall provide biological parents with a copy of the social and medical history information obtained at the time of termination of parental rights.

(K) The assessor shall provide the completed copy of the JFS 01616 to the:

(1) Prospective adoptive family.

(2) Court where the petition for adoption has been filed at the time the JFS 01699 is submitted in accordance with the requirements contained in rule 5101: 2-48-17 of the Administrative Code.

(L) The court may refuse to issue an interlocutory order or final decree of adoption if the assessor has not filed the JFS 01616 unless the assessor certifies to the court that information needed to prepare the histories is unavailable for reasons beyond the assessor's and the PCSA, PCPA or PNA's control.

(M) The assessor shall advise the adoptive parents that if they wish to be notified when social and medical histories are updated or expanded pursuant to paragraph (G) of this rule, the JFS 01679 "Request for Notification" (rev. 6/2006) can be completed and filed with the court at any time.

(N) The assessor shall advise adoptive parents that:

(1) They may inspect all forms pertaining to the social and medical history of biological parents filed with the court prior to the child reaching age eighteen.

(2) After the child reaches age eighteen, only the adopted person may inspect the court files.

(O) The assessor is not required to complete the JFS 01616 if the child is being adopted by a stepparent or grandparent.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.09 , 3107.17 , 5103.03
Rule Amplifies: 3107.09 , 3107.17
Prior Effective Dates: 1/4/83, 6/1/85 (Emer.), 8/12/85, 7/1/90, 9/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98, 9/1/03, 12/11/06, 05/15/2009

5101:2-48-04 AdoptOhio grant agreement. [Rescinded].

Rescinded eff 10-31-04

5101:2-48-05 Agency adoption policy and recruitment plan.

(A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) that places children for adoption or participates in the placement of children for adoption shall have a current written adoption policy.

(B) The policy shall include:

(1) The geographic area within which the agency conducts adoption homestudy assessments.

(2) A description of the adoption application process, the adoption homestudy, and the adoption homestudy update and amendment procedures, including:

(a) Eligibility requirements for an adoptive applicant(s).

(b) Timeframe for commencing and completing an adoption homestudy.

(c) Process for simultaneously certifying an applicant for foster care placement and approving an applicant for adoption.

(d) Preservice training requirements for an adoptive applicant(s).

(e) Criminal records check requirements and fees associated with obtaining a criminal records check pursuant to rule 5101:2-48-10 of the Administrative Code.

(f) The requirement that an assessor shall complete the JFS 01530 "Multiple Children/Large Family Assessment" (12/2006) if an approved adoptive parent(s) will have at least five children residing in the prospective adoptive home. The five children includes the child who is to be placed in the home for adoption.

(3) Notification procedures which, at a minimum, include:

(a) The requirements that an adoptive applicant(s) or approved adoptive parent(s) shall notify the agency in writing if a person residing in the home who is twelve years old, but under eighteen years old, has been convicted or pleaded guilty to any offense listed in appendix A to rule 5101:2-48-10 of the Administrative Code or has been adjudicated to be a delinquent child for committing an act that if committed by an adult, would constitute one of those offenses.

(b) The requirements that the PCSA, PCPA, or PNA shall notify in writing the PCSA in the county in which the adoptive applicant resides within ten days after the initiation of a homestudy pursuant to rule 5101:2-48-12 of the Administrative Code.

(c) The requirements that the PCSA, PCPA or PNA shall notify in writing the PCSA in the county in which the adoptive parent(s) resides, of an impending adoptive placement no later than ten days prior to the placement of the child pursuant to rule 5101:2-48-16 of the Administrative Code.

(4) A procedure to provide access to approved adoption homestudies and other related documents to another PCSA, PCPA, or PNA that requests a copy of the adoption homestudy for purposes of matching a child pursuant to rule 5101:2-48-19 of the Administrative Code.

(5) A procedure for the receipt and maintenance of approved adoptive homestudies from other agencies or states, including the length of time that homestudies received shall be maintained in the agency's files.

(6) A procedure pursuant to rule 5101:2-48-24 of the Administrative Code, to review grievances or complaints, received from the prospective adoptive applicant(s), adoptive applicant(s), or approved adoptive parent(s).

(a) The requirements for hearing grievances and for resolving differences with the prospective adoptive applicant(s), adoptive applicant(s), or approved adoptive parent(s), relative to the requirements of Chapter 5101:2-48 of the Administrative Code and other agency policies.

(b) The requirements of review by the highest administrative employee of the agency or designee for any unresolved grievance within thirty calendar days of the filing of the grievance.

(7) The requirements contained in rule 5101:2-33-03 of the Administrative Code supersede the requirements of this rule when the grievance or complaint involve alleged discriminatory acts, policies, or practices pertaining to the foster care and adoption process that involves race, color or national origin (RCNO).

(8) A requirement that the custodial PCSA or PCPA for the child to hold the initial matching conference within ninety days of the execution of the permanent surrender or the file stamp date of the permanent custody order, unless the order is under appeal as outlined in rule 5101:2-48-16 of the Administrative Code.

(9) A procedure to match a child with an adoptive parent(s) that addresses all of the following:

(a) When any adult relative or the child's current foster caregiver has expressed an interest in adopting the child as evidenced by the completion and submission of either the JFS 01691"Application for Child Placement" (rev. 6/2009) or JFS 01692 "Application for Adoption of a Foster child" (rev. 6/2009). Where either option would be suitable permanent homes for the child,the agency may place the child with whom it deems is in the child's best interest.

(b) If the child is a member of a federally recognized tribe or Alaskan Native Village, the Indian Child Welfare Act of 1978, 25 U.S.C.. 1901 (1/2/06) (ICWA) shall take precedence for an adoption.

(c) Whenever possible and in the best interest of the child(ren), sibling groups should not be separated.

(d) The child's preference may be considered if the child has the capacity to express a preference.

(e) The length of time between adoptive placements for the adoptive parents shall be specified in the policy.

(f) Any adult relative or foster caregiver who has expressed interest in the child by the completion and submission of either the JFS 01691 or JFS 01692 shall be considered at the matching conference. The following is the preferential order for the placement of a child if more than one family is being considered for placement:

(i) An adult relative.

(ii) The foster caregiver with whom the child resides, if the child has substantial emotional ties to the foster caregiver and if the removal of the child from placement with the foster caregiver would be detrimental to the child's well-being.

(iii) A foster caregiver with whom the child has previously resided at any time.

(iv) An approved adoptive parent(s) who is accepting of the child's characteristics and who has expressed an interest in adopting the child.

(g) If there are no families available to be considered at a matching conference for a specific child and the JFS 01654 "Adoptive Placement Agreement" (rev. 2/2014) has not been signed, the agency shall conduct child-specific recruitment for the child prior to the next matching conference. Child specific recruitment shall include at a minimum:

(i) The agency distribution of information regarding the child to two or more adoption agencies.

(ii) The agency exploration with the child and review of the case file for relatives or individuals in the child's past who may possess the ability and be willing to provide a permanent home for the child .

(h) When subsequent matching conferences are not required as outlined in rule 5101:2-48-16 of the Administrative Code.

(10) A non-discriminatory policy on determining the approved adoptive parents listed in paragraph (B)( 9)(f)(iv) of this rule who will be presented as a potential adoptive parent for the child in the matching conference. If there are more than five families who are potential matches for the child, the agency may narrow the number of families to a minimum of five based on:

(a) The level of experience the family has in working with child(ren) with the specific behavior, medical or mental health challenges that a specific child presents.

(b) The preference to keep siblings together if in the child's best interest.

(11) If a family was previously considered for a child in a matching conference and was not interested in the child, the agency does not have to consider the family for the same child in subsequent matching conferences.

(12) The availability of open adoptions between the birth parent(s) and the adoptive parent(s) and the referral process if the agency does not provide open adoptions.

(13) A procedure for the agency to report an adoptive applicant(s) or adoptive parent(s) who it feels has made a false statement in the application or homestudy processaccording to rule 5101:2-33-13 of the Administrative Code.

(14) A description of all state and federal adoption assistance, including eligibility and the application requirements.

(15) Schedule of fees for service, if applicable.

(16) Religious affiliation requirements, if applicable.

(17) Provision of prefinalization and postfinalization services.

(18) Availability of a state hearing, as described in section 5101.35 of the Revised Code, if a prospective applicant(s) believes that an adoptive placement was denied or will be denied solely for the reason of geographic location of the family.

(19) The complaint process pursuant to rule 5101:2-33-03 of the Administrative Code.

(C) Standards of conduct regarding the Multiethnic Placement Act of 1994 as amended by section 1808 of the Small Business Job Protection Act of 1996, 42 U.S.C. 622(b)(9) , 671(a)(18) , 674(d) and 1996(b)(9) (MEPA) (1/2/06) and the Title VI of the Civil Rights Acts of 1964, 42 U.S.C. 2000d , (1/2/06) as they apply to the adoption process (Title VI) do not supersede the provisions of the ICWA.

(D) The PCSA, PCPA, or PNA may prepare a summary of its agency adoption policy to respond to inquiries concerning adoption pursuant to rule 5101:2-48-08 of the Administrative Code. If the agency prepares a summary, it shall include:

(1) A written notice of the procedure for any complaints of discrimination in the adoption process that involve race, color or national origin (RCNO).

(2) The JFS 01611 "Non-discrimination for Foster Care and Adoptive Placements" (rev. 1/2009). No additional language regarding non-discrimination in the adoptive placement process based upon RCNO shall be included in the agency's policy or other recruitment materials.

(E) The PCSA, PCPA, or PNA shall update its written policy to reflect new requirements contained in Chapter 5101:2-48 of the Administrative Code. The agency shall submit its adoption policy to the Ohio department of job and family services (ODJFS) within thirty days of the effective date of this rule.

(F) If the PCSA, PCPA or PNA amends its adoption policy at any time other than the required due date, the PCSA, PCPA or PNA shall submit the amended adoption policy to ODJFS within thirty days following the policy change.

(G) Recruitment of prospective adoptive parents shall be an ongoing activity of the PCSA, PCPA, or PNA. The agency shall not deny any person the opportunity to become an adoptive parent on the basis of RCNO of the person or the child involved.

(H) The PCSA, PCPA or PNA shall develop and implement a comprehensive recruitment plan that identifies the agency's diligent recruitment efforts of parents and which reflects the diversity of waiting children for whom adoptive homes are needed.

(I) The PCSA, PCPA, or PNA shall submit a recruitment plan to ODJFS for each upcoming state fiscal year by May first of each even numbered year. The director of the PCSA, PCPA or PNA shall sign the plan.

(J) If the PCSA, PCPA, or PNA amends its recruitment plan at any time other than the required due date, the PCSA, PCPA, or PNA shall submit the amended recruitment plan to ODJFS within ten days following the amendment.

(K) The PCSA, PCPA and PNA, at a minimum, shall include in its recruitment plan the following:

(1) A fee structure that is non-discriminatory to approved adoptive parents and that allows parents of various income levels the opportunity to adopt. Fees may be charged according to a standardized and uniformly applied sliding scale, based on a family's ability to pay. The ability to pay a fee shall not influence the choice of the most appropriate parent(s) for a child.

(2) Specific strategies to reach all parts of the community.

(a) The PCPA or PNA shall define its own community.

(b) The PCSA shall define the community as the county in which the PCSA is located.

(3) Specific methods of disseminating both general and targeted recruitment.

(4) Strategies for assuring that all prospective adoptive applicants will receive information regarding adoption procedures within seven days of inquiry.

(5) Strategies for assuring that all applicants have access to the homestudy process, including location and hours of services that facilitate access to all members of the community.

(6) Strategies for training staff to work with diverse cultural, racial, ethnic and economic communities.

(7) Strategies for dealing with linguistic barriers between the PCSA, PCPA, or PNA and the prospective adoptive applicant(s).

(L) The PCSA and PCPA shall include in its recruitment plan the following:

(1) A description of the characteristics of children in the permanent custody or permanent surrender of the agency, including:

(a) Age.

(b) Gender.

(c) Race and ethnicity.

(d) Developmental needs.

(e) Emotional and mental health needs.

(f) Physical needs.

(2) A comparison of the racial and ethnic diversity of the children in permanent custody with the racial and ethnic diversity of the approved adoptive family resources in the agency.

(3) Any racial or ethnic category of family that is under-represented and the strategies the agency will initiate to increase the category.

(4) Criteria to determine when the agency will conduct child specific recruitment strategies for a child.

(5) Identification of the type of specific recruitment techniques the PCSA or PCPA will have available and will utilize when child specific recruitment is warranted. Child specific recruitment activities shall include, at a minimum, distribution of information on the child to other adoption agencies.

(M) The PCSA, PCPA, or PNA shall maintain case records in a consistent and organized manner. If the PCSA, PCPA, or PNA maintains any required information set forth in this rule in a location other than the case record, it shall be stated in the agency policy or noted in the case record where the information can be found for the purpose of: preservation of agency records, searching for potential placement/adoptive resources, providing needed or requested services and/or screening/assessing families.

(N) If ODJFS determines an agency's adoption policy, policy revisions or annual recruitment plan are noncompliant with this rule, the agency shall accept technical assistance from ODJFS until such time that the policy or recruitment plan is in compliance.

Effective: 07/10/2014
R.C. 119.032 review dates: 04/24/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.032 , 5153.166
Rule Amplifies: 3107.031 , 3107.032
Prior Effective Dates: 12/30/66, 10/1/86, 7/1/90, 9/1/94, 12/15/98 (Emer.), 3/1/96, 9/18/96, 12/31/96 (Emer.), 3/31/97, 2/13/98/ (Emer.), 5/14/98, 12/31/98 (Emer.), 4/5/99, 9/1/00, 11/12/02, 9/1/03, 2/1/05, 12/11/06, 5/15/09.

5101:2-48-06 Assessor roles and responsibilities for foster care and adoption.

(A) A public children services agency (PCSA), private child placing agency (PCPA), private noncustodial agency (PNA) or court that engages in the provision of foster care or adoption services shall employ or have under contract assessors who are responsible for, but not limited to, performing the following duties:

(1) Works with parents, guardians or persons having custody of a child who express the intent to surrender their child for adoption.

(2) Works with people seeking to adopt or provide foster care for a child, including but not limited to the following duties:

(a) Completing home study assessments for foster care and adoptive applicants.

(b) Completing adoption amendments and updates.

(c) Completing foster care recertifications.

(d) Completing prefinalization adoption assessments.

(3) Works with the child in the permanent custody of an agency to prepare the child for adoption.

(4) Initiates and/or supervises the foster care or adoptive placement.

(5) Completes the JFS 01616 "Social and Medical History" (rev. 6/2009) which shall be filed with the court.

(6) Completes the JFS 01673 "Assessment for Child Placement" (rev. 6/2011).

(7) Completes the JFS 01385 "Assessment for Child Placement Update" (rev. 12/2006).

(8) Completes the JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009).

(9) Completes the JFS 01530 "Multiple Children/Large Family Assessment" (12/2006).

(10) Completes the JFS 01699 "ODJFS Prefinalization Adoption Assessment Form" (rev. 12/2006).

(11) Completes the JFS 01673-A "Child Characteristics Checklist For Foster Care and/or Adoption" (12/2006).

(12) Completes the JFS 01698 "Step-Parent Adoption Homestudy" (10/2006).

(B) To avoid a conflict of interest, or the appearance of a conflict of interest, an assessor shall not complete any of the documents or services listed in paragraph (A) of this rule for any of the following persons:

(1) Him or her self.

(2) Any person who is a relative of the assessor.

(3) Any agency employee for whom the assessor has any supervisory responsibility.

(4) Any agency employee who has any supervisory responsibility for the assessor.

(C) The PCSA, PCPA, PNA, or court shall ensure that employees or persons under contract with the agency to perform assessor duties comply with the requirements in the assessor definition contained in rule 5101: 2-1-01 of the Administrative Code and section 3107.014 of the Revised Code.

(D) The PCSA, PCPA, PNA, or court shall ensure a student hired to perform assessor duties meets all requirements of an assessor in rule 5101: 2-1-01 of the Administrative Code and section 3107.014 of the Revised Code. The student shall be supervised by a professional counselor, social worker, marriage and family therapist or psychologist who has completed tier two assessor training and continues to comply with all requirements outlined in this rule and rule 5101: 2-1-01 of the Administrative Code and section 3107.014 of the Revised Code.

(E) The PCSA, PCPA, PNA, or court shall ensure the assessor completes or has completed all the prescribed Ohio department of job and family services (ODJFS) tier one assessor training sessions within one year of the start date of the tier one assessor training. An employee or contractor can only conduct assessor duties after he or she begins tier one training. If the employee or contractor is performing assessor duties prior to completion of the required training, the agency shall ensure that the employee or contractor is supervised by an assessor who has completed tier two assessor training and any applicable ongoing training required by this rule. An assessor who fails to complete the tier one training within one year of the start date of the tier one assessor training is not authorized to perform any assessor duties until the tier one assessor training has been completed.

(F) The PCSA, PCPA, PNA, or court shall ensure the assessor completes or has completed the prescribed ODJFS tier two assessor training within three years of the completion date of tier one assessor training. A person who has not completed all of the tier one assessor training is not eligible to begin tier two assessor training.

(1) An assessor who did not complete the required tier two assessor training within the three years of the completion date of tier one assessor training is not authorized to perform assessor duties until tier two assessor training requirements are properly met. An extension of no more than one year may be granted by the director of the PCSA, PCPA, PNA or court due to justifiable organizational circumstances which impede the ability of the assessor to attend offered training. The extension shall be documented on a signed JFS 01680 "Verification of Adoption Assessor Qualifications" (rev. 5/2007).

(2) An assessor who did not complete the tier two assessor training within the required time periods of this rule shall immediately cease performing the duties of an assessor until the person has completed the tier two assessor training.

(3) An assessor who did not complete the tier two training requirements of paragraph (F)(1) of this rule, shall repeat the tier two assessor training in its entirety. Tier two training shall be completed within one year of the start date of the tier two assessor training. A person who fails to complete tier two assessor training within one year shall repeat the entire training process beginning with tier one.

(G) The PCSA, PCPA, PNA, or court shall ensure the assessor completes or completed six hours of ongoing training on adoption or foster care related issues, within two years of the completion date of tier two assessor training, to renew their assessor status. Completion of an additional six accredited training hours is required within each subsequent two year period from the completion date of the previous six hours of ongoing training. Assessors who fail to complete the training within any two year period must immediately cease performing the duties of an assessor until the six accredited training hours required have been completed.

(H) The PCSA, PCPA, PNA or court shall document the assessor's compliance with this rule by completing the JFS 01680 and having it signed by the assessor and the PCSA, PCPA, PNA director, designee or court. This document shall be kept in the agency personnel records with a copy provided to the assessor and a copy shall be sent to the ODJFS adoption services section. An assessor shall be able to produce a copy of the JFS 01680 upon request. The assessor shall notify ODJFS within ten business days when any of the following occur.

(1) The assessor completes any level of training required by this rule.

(2) The assessor terminates his employment or contract with a PCSA, PCPA, PNA or court.

(3) The assessor begins employment or enters into a contract with a new PCSA, PCPA, PNA or court.

(4) The assessor is no longer employed with the PCSA, PCPA, PNA or court but plans to continue to complete the six hour training requirement. The assessor shall, within ten business days of completing the six hour training requirement, submit the updated JFS 01680 to the ODJFS adoption services section.

(5) The assessor is not able to conduct assessor duties due to non-compliance with the training requirements outlined in this rule.

(I) The PCSA, PCPA, PNA or court that employs or has a contract with the assessor shall notify ODJFS via the JFS 01680 within ten business days when as assessor terminates his or her employment or contract with the agency or court.

(J) A person who is no longer employed by or under contract with a PCSA, PCPA, PNA or court to perform assessor duties may continue completing the additional six accredited training hours every two years or any other required assessor training to maintain assessor status. However, an individual who is not employed by or in contract with a PCSA, PCPA, PNA or court shall not perform assessor duties. Upon resuming employment or contract with a PCSA, PCPA, PNA or court to perform assessor duties, the assessor may immediately perform assessor duties as long as the six hour training or other training requirement was met in accordance with this rule while the person was not employed or contracting with the PCSA, PCPA, PNA or court.

(K) A person who is no longer employed with the PCSA, PCPA, PNA or court to perform assessor duties and who did not elect to continue to complete the assessor training hours to maintain their assessor status shall resume the assessor duties only after complying with all of the following:

(1) Be in an active employment or contract status with a PCSA, PCPA, PNA or court to perform assessor duties.

(2) Complete twelve hours "Assessor Refresher" training as prescribed by ODJFS.

(3) The cycle of having an additional ongoing six accrediting training hours required every two years begins with the completion of the twelve hour "Assessor Refresher" training.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.014 , 3107.015 , 5103.03
Rule Amplifies: 3107.014 , 3107.015
Prior Effective Dates: 7/1/90, 9/1/94, 12/15/95 (Emer.), 3/1/96, 9/18/96, 12/31/96 (Emer.), 3/31/97, 2/13/98 (Emer.), 5/14/98, 2/15/02, 9/1/03, 12/11/06, 5/15/09

5101:2-48-07 [Rescinded] Listing and withdrawing children and families with the Ohio adoption photo listing and the OAPL Families Waiting to Adopt Book.

Effective: 12/28/2009
R.C. 119.032 review dates: 09/10/2009
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5101.24
Rule Amplifies: 5103.03 , 5101.24
Prior Effective Dates: 5/17/81, 5/1/87 (Emer.), 7/1/87, 09/01/94, 2/13/98
(Emer.), 05/14/98, 9/1/03, 08/14/2008

5101:2-48-08 Adoption inquiry.

(A) The public children services agency (PCSA), private child placing agency (PCPA)

and private noncustodial agency (PNA) shall maintain a log of inquiries from persons interested in being adoptive parents. The agency shall document in the log any follow-up for each inquiry.

(B) The PCSA, PCPA or PNA shall follow-up with all inquirers within seven working days.

(C) If the inquirer resides in Ohio, the PCSA, PCPA or PNA shall provide the following

to the inquirer:

(1) A copy of the JFS 01675 "Ohio Adoption Guide" (rev. 9/2008).

(2) A description of Title IV-E adoption assistance and state adoption subsidy programs including eligibility requirements and the application process.

(3) -The--of-the-----web- http://jfs.ohio.gov/oapl

(4)

(3) How to get an application for adoption.

(5)

(4) A copy of the PCSA, PCPA or PNA adoption policy, or summary of the policy, prepared pursuant to rule 5101:2-48-05 of the Administrative Code.

(6)

(5) The criminal records check requirement pursuant to rule 5101:2-48-10 of the Administrative Code.

(7)

(6) The foster care/adoption homestudy assessment process.

(7) Information regarding the state adoption assistance loan program as outlined in section 3107.018 of the Revised Code.

(D) If the inquirer resides out of state and has an approved homestudy, the PCSA, PCPA or PNA shall send the inquirer a copy of the JFS 01675. If the family has identified a child they are interested in, the family should be given the telephone number to the custodial agency.

(E) If the inquirer resides out of state and does not have an approved homestudy, the PCSA, PCPA or PNA shall send the inquirer a copy of the JFS 01675. The PCSA, PCPA or PNA shall also inform the inquirer that they will need a completed and approved homestudy from their state of residence in order to adopt an Ohio waiting child.

(F) The PCSA, PCPA and PNA shall develop and implement referral procedures whereby an inquiry from an Ohio resident, who does not meet requirements for adoption services as identified in the agency's adoption policy, is referred to another agency for adoption services. If the inquirer is from an Ohio county other than the county where the PCSA, PCPA or PNA is located, a referral shall include, at a minimum, the name, address and telephone number of the PCSA in the county of the inquirer's residence.

Effective: 12/28/2009
R.C. 119.032 review dates: 09/10/2009 and 12/28/2014
Promulgated Under: 119.03
Statutory Authority: 3107.032 , 5153.16
Rule Amplifies: 2151.86 , 3107.032 , 5153.16
Prior Effective Dates: 7/1/90, 9/1/94, 9/18/96, 12/31/96 (Emer.), 3/31/97,
2/12/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99,
2/15/02, 9/1/03, 5/15/09

5101:2-48-09 Application process and preservice training.

(A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) that acts as a representative of the Ohio department of job and family services (ODJFS) in recommending foster homes for certification or a PNA that participates in the placement of children in foster homes and for adoption shall:

(1) Inform all individuals applying for approval for adoptive placement that they can also be studied for foster home certification.

(2) Conduct a joint homestudy pursuant to the requirements contained in rule 5101: 2-5-20 of the Administrative Code which can result in the simultaneous approval of the applicant for:

(a) Adoptive placement.

(b) Foster care placement.

(B) A PCSA, PCPA and PNA shall utilize the JFS 01691 "Application for Child Placement" (rev. 6/2009) as the standard form when accepting applications for adoptive placement. A PCSA, PCPA or PNA shall send the JFS 01691 to any individual requesting an application for adoption within seven business days of receipt of a request for an application.

(C) An application submitted with a knowingly false statement shall not be used to initiate the homestudy. If a PCSA, PCPA or PNA determines that an application has been falsified, the PCSA, PCPA or PNA shall follow the procedures outlined in rule 5101: 2-33-13 of the Administrative Code.

(D) An agency shall not begin the homestudy assessment process prior to the receipt of a fully completed JFS 01691 signed by the adoptive parent(s).

(E) An agency shall not accept an application for approval for adoptive placement which does not contain complete and accurate information.

(F) Upon receipt of the completed JFS 01691, the PCSA, PCPA, or PNA shall commence the homestudy process and request the applicant provide additional information including at a minimum:

(1) Documentation of current marital status, which shall include a marriage certificate, divorce decree, or other verification of marital status, if applicable.

(2) To show the household has an income sufficient to meet the basic needs of the household, an adoptive applicant shall provide at a minimum:

(a) A complete JFS 01681 "Applicant Financial Statement" (rev.10/2000).

(b) Proof of income for the household for the most recent tax year prior to the date of application.

(c) Proof of income for the household for a two month period. The verification of income shall not be dated more than six months prior to the agency's approval.

(d) At least one utility bill for each utility necessary to maintain the household. The bill or bills shall not be dated more than six months prior to the agency's approval.

(3) The report of any criminal records check conducted in accordance with section 2151.86 of the Revised Code. Except as provided in paragraph (D) of rule 5101: 2-48-10 of the Administrative Code, an agency shall not recommend a person to be approved as an adoptive parent if the person or any adult member of the applicant's household has been convicted of any crime listed in paragraph (C) of rule 5101: 2-48-10 of the Administrative Code.

(G) The PCSA, PCPA or PNA shall search the statewide automated child welfare information system (SACWIS) or the central registry of abuse and neglect for each adoptive applicant and each adult household member of the applicant's home prior to approval of the adoptive home . This search is to be used to determine the suitability of the adoptive applicant as an adoptive parent. The search shall also be conducted within ten days of the addition of any new adult member of the household .

(H) The recommending agency shall request a check of the child abuse and neglect registry of any other state in which an adoptive applicant or other adult household member in the applicant's home has resided in the five years immediately prior to the date of the criminal records check as required by division (A) of section 2151.86 of the Revised Code.

(I) A summary report of the results of each search shall be placed in the adoptive home record.

(J) If the PCSA, PCPA, or PNA determines that an adoptive homestudy cannot be initiated, the agency shall send written notification to the applicant stating the reason for not initiating the homestudy and a description of procedures for requesting a review of the agency's decision. The notification shall be sent to the applicant no later than fifteen days after the application was submitted.

(K) An applicant shall have the opportunity to revise the JFS 01691 at any time regarding the characteristics or number of children desired. If the agency, based upon receipt of a revised JFS 01691, determines that the applicant is now seeking a special needs child, requirements and time frames for the application and homestudy process shall begin with the date that the revised JFS 01691 is received by the agency. If the applicant revises the JFS 01691 and does not seek to adopt a special needs child, the time frames for the application and homestudy process shall be consistent with the agency's adoption policy prepared pursuant to rule 5101: 2-48-05 of the Administrative Code.

(L) Upon request, the PCSA, PCPA or PNA shall assist the applicant in completing the application and securing all required documents and information.

(M) The PCSA, PCPA or PNA shall not continue with the homestudy process if all required documentation is not submitted within one hundred eighty days of the receipt of the initial or revised JFS 01691 unless the agency makes a determination that the homestudy should not be terminated and documents this on the JFS 01673 "Assessment for Child Placement" (rev. 6/2011). The applicant shall be notified, in writing, at least thirty days prior to the termination of the application. Written notification shall contain an explanation of the reason for termination and a description of the procedures for requesting a review of the agency's decision.

(N) The PCSA, PCPA, or PNA shall document that each person seeking adoption approval successfully completes preservice training, prior to approval of the homestudy. Preservice training shall address the following components:

(1) The legal rights and responsibilities of adoptive parents.

(2) The recommending agency's policies and procedures.

(3) ODJFS requirements for approving adoptive applicants.

(4) The effects placement, separation and attachment issues have on children and their families.

(5) Caregivers' involvement in permanency planning for children and their families and post adoptive issues for children and families including availability of adoption subsidies.

(6) The dynamics of physical abuse, sexual abuse, emotional abuse, neglect, and substance abuse on human growth and development.

(7) Behavior management techniques.

(8) Effects of caregiving on children's families.

(9) Prevention, recognition, and management of communicable diseases.

(10) Community health and social services available to children and their families.

(11) At least three hours of training on cultural issues including cultural diversity training and an overview of the Multiethnic Placement Act of 1994, 42 U.S.C. 622(b)(9) , 671(a)(18) , 674(d) and 1996(b) (1/2/06) and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (1/2/06), as it applies to the foster care and adoption process.

(12) The substance of section 2152.72 of the Revised Code which deals with the information required to be shared with a prospective adoptive parent before a child who has been adjudicated a delinquent child for the commission of certain violent crimes is placed with a prospective adoptive parent. A course addressing section 2152.72 of the Revised Code shall not be less than one hour long.

(O) A PCSA, PCPA, or PNA may waive components of the training if the assessor determines that the family has received training previously or the family has the skills to care for the needs of the child that will be placed in the home. The three hour requirement for cultural issues shall not be waived. When a waiver has been granted by the agency, it shall document the waiver in the case record pursuant to rule 5101: 2-48-22 of the Administrative Code.

(P) No agency shall deny the acceptance of the JFS 01691 based on race, color, national origin, handicap, age, gender, sexual identity, or sexual orientation of the applicant.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.86 , 3107.033 , 5103.03
Rule Amplifies: 2151.86 , 3107.033
Prior Effective Dates: 7/1/90, 9/1/94, 9/18/96, 12/31/96 (Emer.), 3/31/97, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/15/99, 11/12/02, 9/1/03, 12/11/2006, 8/21/08

5101:2-48-10 Restrictions concerning provision of adoption services.

(A) A public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) shall request that the bureau of criminal identification and investigation (BCII) conduct a criminal records check on prospective adoptive parents and adult members of the prospective adoptive parent's household pursuant to the procedures set forth in section 2151.86 of the Revised Code.

(B) The PCSA, PCPA or PNA shall request that BCII include information from the federal bureau of investigation (FBI) in the criminal records check for each person subject to a criminal records check in accordance with division (A) (4) of section 109.572 of the Revised Code.

(C) Except as provided in paragraph (D) of this rule, a PCSA, PCPA or PNA shall not approve an adoptive placement if the results of the BCII criminal records check or the FBI check indicate that a prospective adoptive parent or, when applicable, any adult who resides with the prospective adoptive parent has been convicted of or pleaded guilty to any of the following:

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321 (2907.32.1), 2907.322 (2907.32.2), 2907.323 (2907.32.3), 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161 (2923.16.1), 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12 or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code.

(2) A violation or an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in paragraph (C)(1) of this rule.

(D) No person who has been convicted of or pleaded guilty to an offense listed in paragraph (C) of this rule shall be considered for adoptive placement or be an adult resident of the prospective adoptive parent's household unless the PCSA, PCPA or PNA finds and documents that person has met all of the following conditions:

(1) Where the offense was a misdemeanor, or would have been a misdemeanor if conviction had occurred under the current criminal code, at least three years have elapsed from the date the person was fully discharged from any imprisonment or probation arising from the conviction.

(2) Where the offense was a felony, at least ten years have elapsed since the person was fully discharged from imprisonment or probation. If a person has a felony conviction for spousal abuse, rape, sexual assault, or homicide, the home shall not be approved.

(3) The victim of the offense was not one of the following:

(a) A person under the age of eighteen or a person sixty years of age or older.

(b) A functionally impaired person as defined in section 2903.10 of the Revised Code.

(c) A developmentally disabled person as defined in section 5123.01 of the Revised Code.

(d) A person with a mental illness as defined in section 5122.01 of the Revised Code.

(4) The prospective adoptive parent's approval, or the person's residency in the prospective adoptive parent's household, will not jeopardize in any way the health, safety, or welfare of the children the PCSA, PCPA, or PNA serves. The following factors shall be considered in determining the person's approval as an adoptive parent or the person's residency in the adoptive parent's household:

(a) The person's age at the time of the offense.

(b) The nature and seriousness of the offense.

(c) The circumstances under which the offense was committed.

(d) The degree of participation of the person involved in the offense.

(e) The time elapsed since the person was fully discharged from imprisonment or probation.

(f) The likelihood that the circumstances leading to the offense will recur.

(g) Whether the person is a repeat offender. "Repeat offender" means a person who has been convicted of or pleaded guilty to the commission of any of the offenses listed in paragraph (C) of this rule two or more times in separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.

(h) The person's employment record.

(i) The person's efforts at rehabilitation and the results of those efforts.

(j) Whether any criminal proceedings are pending against the person.

(k) Whether the person has been convicted of or pleaded guilty to a felony contained in the Revised Code that is not listed in paragraph (C) of this rule, if the felony bears a direct and substantial relationship to being an adoptive parent or adult member of the adoptive parent's household.

(l) Any other factors the PCSA, PCPA, or PNA considers relevant.

(E) It is the prospective adoptive parent's duty to provide written verification that the conditions specified in paragraph (D) of this rule are met. If the prospective adoptive parent fails to provide such proof or if the PCSA, PCPA, or PNA determines that the proof offered by the prospective adoptive parent is inconclusive, the prospective adoptive parent shall not be considered. Any doubt shall be resolved in favor of protecting the children the PCSA, PCPA, or PNA serves.

(F) All paragraphs of this rule are applicable to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code because the information contained in those sealed records bears a direct and substantial relationship to the care to be provided to any child who may be placed in the home.

(G) A conviction of, or a plea of guilty to, an offense listed in paragraph (C) of this rule shall not prevent a person's approval as an adoptive parent or being an adult household member of the home if the person has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(H) The report of any criminal records check conducted by BCII in accordance with section 109.572 of the Revised Code and pursuant to a request made by the PCSA, PCPA or PNA is not a public record for purposes of section 149.43 of the Revised Code. The report shall be made available only to the following persons:

(1) The person who is the subject of the criminal records check or his representative.

(2) The PCSA, PCPA, or PNA requesting the criminal records check or its representative.

(3) The department of job and family services, a county department of job and family services or a public children services agency.

(4) Any court, hearing officer, or other necessary individual involved in a case dealing with the denial of a final decree of adoption or interlocutory order of adoption.

(I) Prospective adoptive parents who are applying for simultaneous approval for adoptive placement and certification as a foster home must be at least twenty-one years of age in order to meet the foster care requirements contained in rule 5101: 2-7-02 of the Administrative Code.

(J) Foster parents who are being considered for adoption of a foster child residing in their home shall be assessed according to the standards contained in rule 5101: 2-48-11 or 5101: 2-48-11.1 of the Administrative Code, as applicable.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.86 , 5153.16
Rule Amplifies: 2151.86 , 5153.16
Prior Effective Dates: 7/1/90, 9/1/94, 12/15/95 (Emer.), 3/1/96, 9/18/96, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99, 11/12/02, 9/1/03, 8/14/08, 4/1/10

5101:2-48-11 Approval of a foster home for adoptive placement.

(A) Except as outlined in rule 5101: 2-48-11.1 of the Administrative Code, when a foster caregiver who is not an approved adoptive parent through the joint homestudy process expresses an interest in being approved as an adoptive parent, an agency's assessor is responsible for the following:

(1) Assist the foster caregiver in completing the applicable sections of the current JFS 01691, "Application for Child Placement" (rev. 6/2009) on file or completing a new JFS 01691. The foster caregiver shall sign the revised JFS 01691 or a new JFS 01691 indicating they would like to be approved for adoption.

(2) Review and compile in the record the following information to determine the appropriateness of the foster caregiver for adoptive placement:

(a) The most recent JFS 01653, "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009).

(b) JFS 01349, "Foster Home Homestudy" (rev. 01/2003) or the JFS 01673, "Assessment for Child Placement (Homestudy)" (rev. 6/2011), the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" (rev. 12/2006) and the JFS 01530 "Multiple Children/Large Family Assessment" (rev. 12/2006), as applicable.

(c) All JFS 01385 "Assessment for Child Placement Update" (rev. 12/2006) forms, if applicable.

(d) Documentation from the foster home record including but not limited to the most recent training records, fire inspection reports, safety audits, foster home exit interviews, and copies of all complaint or rule violation investigations and any applicable corrective action plans. If there are any outstanding complaints or rule noncompliance investigations, or corrective action plans that have not been fully implemented, the sending agency, if different, shall notify the agency completing the adoption approval of the nature of the investigations or corrective action plans.

(e) Case record information documented by the placement worker's visits to the foster home.

(f) If the agency completing the adoption homestudy approval is different than the agency that recommends the foster home, the foster care agency shall forward copies of all applicable documents in the foster home record within fifteen business days of receipt of the signed release of information.

(3) If the agency initiates an adoptive homestudy with an applicant from another county, it shall notify the PCSA in the county the applicant resides in accordance with the procedures outlined in rule 5101: 2-48-12 of the Administrative Code.

(4) Once the documentation in paragraph (A)(2) of this rule is received, the assessor shall:

(a) Review information contained on the JFS 01691 and all supporting documentation.

(b) Conduct a home visit.

(c) Complete the JFS 01530, if applicable, as outlined in rule 5101: 2-48-12 of the Administrative Code when a family has a total of five or more children residing in the home, including foster children and children in kinship care; or if the family will have a total of five or more children who will reside in the home upon the adoptive placement of a child.

(d) Observe the interaction between the child, foster caregiver and other members of the household, if applicable.

(e) Discuss how the foster caregiver is working with the child on problems identified in the case plan and how they will deal with long term issues the child may have.

(f) Discuss the differences between foster care and adoption with the foster caregiver, and the reason for the request for adoption approval at this time.

(g) Discuss the availability of adoption assistance and postfinalization adoption services with the foster caregiver.

(h) Complete the bureau of criminal identification and investigation (BCII) and federal bureau of investigation (FBI) reports as outlined in rule 5101: 2-48-10 of the Administrative Code.

(i) If the agency has the ability to complete the search in SACWIS, the agency shall complete a search of abuse and neglect report history through the system for each foster caregiver and adult household member. If the agency does not have the ability to complete the search in SACWIS, the agency shall request a search of the system from ODJFS for each foster caregiver and each adult household member. The report with the results of the search shall be placed in the foster home record.

(i) This search is to be used to determine the suitability of the adoptive applicant as an adoptive parent.

(ii) The search shall also be conducted within ten days of the addition of any new adult member of the household once the homestudy has been approved.

(j) Request a check of the child abuse and neglect registry of any other state an applicant or other adult household member has resided in the five years immediately prior to the date of the criminal records check as required by division (A) of section 2151.86 of the Revised Code.

(5) Based upon information obtained through interviews and the review of documentation outlined in paragraph (A) of this rule, the assessor shall complete any sections of the JFS 01673 not completed on the previous homestudy.

(B) The PCSA or PCPA shall follow procedures contained in rule 5101: 2-48-12 of the Administrative Code for approval or denial of an applicant for adoptive placement. The approval date shall be the same as the approval signature date. The expiration date of the adoption approval span shall be equal to the expiration date of the current foster care certification span, not to exceed two years.

(C) When a PCSA, PCPA, or PNA determines any statement or document provided during the homestudy process is falsified, the PCSA or PCPA or PNA shall follow the procedures outlined in rule 5101: 2-33-13 of the Administrative Code.

(D) No PCSA, PCPA or PNA shall release a homestudy to any other agency or court if the application, homestudy, or any document provided during the homestudy process is determined to contain a false statement knowingly made or submitted by the applicant(s) .

(E) The agency shall complete the homestudy assessment within one hundred eighty days of the date the agency received the application. An agency failing to complete a homestudy within one hundred eighty days shall document on the JFS 01673 the reason(s) the agency is unable to meet this requirement.

(F) If a homestudy is not completed within one year of the application date it shall be terminated unless the agency makes the determination the homestudy should not be terminated. The decision not to terminate shall be made at the agency's discretion and documented on the JFS 01673. If the agency decides to terminate the homestudy, it shall notify the adoptive applicant in writing no less than thirty days prior to the termination. Written notification shall include the reason for termination and the procedures for requesting a review of the agency's decision.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.031 , 3107.032 , 3107.033 , 5153.166
Rule Amplifies: 3107.031 , 3107.032 , 3107.033
Prior Effective Dates: 7/1/90, 9/1/94, 12/15/95 (Emer.), 3/1/96, 9/18/96, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99, 2/15/02, 9/1/03, 12/11/06, 8/14/08, 7/1/09

5101:2-48-11.1 Foster caregiver adoption of a foster child who has resided with the caregiver for at least six consecutive months.

(A) If a foster caregiver expresses the desire to adopt a foster child who is and has been residing with the foster caregiver for at least six consecutive months, the public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) shall provide the foster caregiver with a JFS 01692 "Application For Adoption of a Foster Child" (rev. 6/2009). The JFS 01692 is a child specific application and expires once the foster child is adopted as evidenced by a final decree of adoption or interlocutory decree.

(B) A completed JFS 01692, with supporting documentation, and if applicable, the JFS 01530 "Multiple Children/Large Family Assessment" (12/2006), serves as a shortened homestudy, replacing the JFS 01691, "Application for Child Placement" ( rev. 12/2009) and the JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 08/2005) required by rule 5101:2-48-12 of the Administrative Code.

(C) The assessor shall complete the JFS 01530, as outlined in rule 5101:2-48-12 of the Administrative Code, if:

(1) A family has a total of five or more children residing in the home, including foster children and children in kinship care.

(2) The family will have a total of five or more children residing in the home upon the adoptive placement of a child.

(D) The PCSA, PCPA, or PNA shall inform the foster caregiver consideration is given to the application if the placement is in the best interests of the child pursuant to rule 5101:2-48-16 of the Administrative Code.

(E) If a PCSA, PCPA or PNA determines any statement in a homestudy is falsified, the PCSA, PCPA or PNA shall follow the procedures outlined in rule 5101:2-33-13 of the Administrative Code.

(F) The PCSA, PCPA or PNA shall not release a homestudy to any other agency or probate court if it is determined the application or homestudy contains a false statement knowingly made by the applicant(s) included in the written report of the homestudy.

(G) Upon receipt of a completed JFS 01692, the PCSA, PCPA, or PNA shall review the application with the foster caregiver. A PCSA, PCPA, or PNA shall not require the foster caregiver to undergo a bureau of criminal identification and investigation (BCII) or federal bureau of investigation (FBI) check as a condition of acceptance or approval of the application for adoption of a foster child; however, the agency shall inform the foster caregiver a criminal records check, pursuant to rule 5101:2-48-10 of the Administrative Code, is required before a court issues a final decree of adoption or an interlocutory order of adoption.

(H) If the PCSA, PCPA, or PNA receives a completed JFS 01692, it shall provide the foster caregiver with both of the following:

(1) Information about the requirement for adoption training as outlined in rule 5101:2-48-09 of the Administrative Code.

(2) Information about the application process and eligibility requirements of Title IV-E adoption assistance, state adoption maintenance, post adoption special services subsidy, and non-recurring adoption expenses.

(I) Prior to the approval of the adoption homestudy, the PCSA, PCPA or PNA shall document in the case file the foster caregiver has fulfilled the required adoption training as outlined in rule 5101:2-48-09 of the Administrative Code.

(J) The PCSA, PCPA or PNA shall review the following information to determine the appropriateness of the foster caregiver for adoptive placement:

(1) The most recent JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009), if deemed necessary by the agency.

(2) JFS 01673, the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" (rev. 08/2005), and the JFS 01530 as applicable.

(3) All JFS 01385 "Assessment for Child Placement Update," (rev. 12/2006), if applicable.

(4) Foster home record.

(5) The BCII and FBI reports as outlined in rule 5101:2-48-10 of the Administrative Code, ifdeemed necessary by the agency.

(6) Case record information documented by the placement worker's visits to the foster home.

(K) The PCSA, PCPA or PNA shall search the statewide automated child welfare information system (SACWIS) or the central registry of abuse and neglect if SACWIS is not fully implemented, for each applicant and adult member of the applicant's household in accordance with rule 5101:2-48-09 of the Administrative Code.

(L) The PCSA, PCPA or PNA shall process the completed JFS 01692 and the assessor shall arrive at one of the following recommendations:

(1) Approve the applicant(s) as a prospective adoptive parent for the child residing in the applicant's home for at least six consecutive months.

(2) Deny the application.

(M) The assessor shall provide written notification to the applicant(s) of approval or denial of the adoption homestudy within ten days after the homestudy has been approved or denied.

(N) If the decision of the agency is to approve the applicant(s) as a prospective adoptive parent for the specific child residing in the home for six consecutive months, the written notification shall include, but not be limited to the date of approval of the JFS 01692.

(O) If the decision of the assessor is to deny the applicant(s) of adoption for the specific child(ren) residing in the home for six consecutive months, the written notification shall contain the following:

(1) A detailed explanation of the reason for the denial setting forth all of the reasons.

(2) A description of procedures for an agency review pursuant to rule 5101:2-48-24 of the Administrative Code.

(P) The JFS 01692 shall only be used in consideration of the adoptive placement for the child(ren) for whom the homestudy was conducted. A separate JFS 01692 or JFS 01673 and JFS 01673-A, as applicable, shall be used for any other child(ren) the family is considering adopting.

(Q) Upon approval of the foster caregiver for the adoptive placement, the agency shall follow the adoptive placement procedures as outlined in rule 5101:2-48-16 of the Administrative Code including, but not limited to, conducting a matching conference.

Effective: 03/01/2010
R.C. 119.032 review dates: 10/13/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 3107.032 , 3107.033 , 5153.166
Rule Amplifies: 3107.011 , 3107.031 , 3107.032 , 3107.033 , 3107.034 ,
3107.10 , 5103.18
Prior Effective Dates: 2/15/02, 9/1/03, 2/1/05, 12/11/06, 9/9/08, 7/1/09

5101:2-48-12 Completion of the homestudy.

(A) For the purpose of this rule, "commencement of a homestudy" means, at minimum, scheduling an appointment to interview the applicant or assuring the applicant is informed of the necessary materials required for the assessor to complete the homestudy. In order to complete the JFS 01673 "Assessment for Child Placement (Homestudy)"(rev. 8/2005) an assessor shall conduct a face to face interview with all members of the household over the age of four years. The interview with all members of the household over the age of four years may be a joint interview or separate individual interviews.

(B) Homestudies shall be conducted by an adoption assessor meeting the requirements contained in rules 5101:2-1-01 and 5101:2-48-06 of the Administrative Code and is employed or under contract with one of the following:

(1) A public children services agency (PCSA) acting as a representative of the Ohio department of job and family services (ODJFS) to:

(a) Place children for adoption.

(b) Participate in the placement of children for adoption.

(2) A private child placing agency (PCPA) or private non-custodial agency (PNA) certified to act as a representative of ODJFS to:

(a) Place children for adoption.

(b) Participate in the placement of children for adoption.

(C) The assessment required by paragraph (B) of this rule shall commence within thirty days of the date the agency receives a fully completed JFS 01691 "Application for Child Placement" ) (rev. 6/2009) signed by the adoptive applicant. An agency failing to commence a homestudy within thirty days of receiving the application shall document in the applicant's record the reason(s) the agency is unable to meet this requirement.

(D) The assessment for applicants seeking to adopt a child with special needs shall be completed within one hundred eighty days of the date the agency received the application. An agency failing to complete a homestudy within one hundred eighty days shall document in the applicant's record the reason(s) the agency is unable to meet this requirement.

(E) For an applicant(s) not seeking a child with special needs, the timeframes for completion of a written homestudy report, approval or denial of the adoptive homestudy, and written notification to the applicant(s) of the approval or denial shall be consistent with the agency's adoption and foster care policy prepared pursuant to rule 5101:2-48-05 of the Administrative Code.

(F) The PCSA, PCPA or PNA shall search the statewide automated child welfare information system (SACWIS), or the central registry of abuse and neglect if SACWIS is not fully implemented, for each applicant and adult members of the applicant's household in accordance with rule 5101:2-48-09 of the Administrative Code.

(G) The PCSA, PCPA or PNA shall request a check of the child abuse and neglect registry of any other state a prospective applicant or other adult residing with the prospective adoptive parent has resided in the five years immediately prior to the application.

(H) If a PCSA initiates an adoptive homestudy with an applicant from another county, it the PCSA shall notify the PCSA in the county the applicant resides. This requirement does not apply to an adoption by a step-parent whose spouse is a biological or adoptive parent of the minor to be adopted.

(I) If a PCPA, PNA or attorney arranging an adoption initiates an adoptive homestudy with an applicant, they shall notify the PCSA in the county the applicant resides. This requirement does not apply to:

(1) An adoption by a step-parent whose spouse is a biological or adoptive parent of the minor to be adopted.

(2) An adoption where the PCSA in the county the adoptive applicant resides is contracted with the PCPA or PNA to complete the adoptive applicant's homestudy.

(J) The written notification to the PCSA, required in paragraphs (H) and (I) of this rule, shall be sent within ten days of the initiation of the homestudy.

(K) The written notification required in paragraphs (H) and (I) of this rule shall include the following information:

(1) The applicant's name.

(2) The applicant's address.

(3) The applicant's telephone number.

(4) The names and dates of birth of all household members at the time of the application.

(5) A request for any relevant information, if known, including, at a minimum:

(a) Past or present functioning of the prospective adoptive parent.

(b) Rule violations involving any foster or pre-adoptive child.

(c) Any third party investigations.

(d) Information relating to any previous adoption applications and/or placements.

(e) Information on the events leading to a removal of any child from the prospective adoptive family home.

(f) Confirmation of household members as determined by a review of agency records.

(L) If the PCSA in the county the adoptive applicant resides receives the notification letter, the PCSA shall provide, in writing, any relevant information listed in paragraph (K) of this rule to the requesting agency within fifteen days.

(M) The PCSA in the county the adoptive applicant resides shall maintain written documentation on each family they receive a notification letter. If the family is known to the agency and a record exists, the information shall be merged with the existing file.

(N) A multiple children/large family assessment shall be completed for any person seeking to adopt a child when a family has a total of five or more children residing in the home, including foster children and children in kinship care; or if the family will have a total of five or more children residing in the home upon the adoptive placement of a child. The large family assessment shall be completed on the JFS 01530 "Multiple Children/Large Family Assessment" (rev. 12/2006) and attached to the JFS 01673, if applicable.

(O) Agencies shall respect the right of the applicant(s) to select an agency for the purpose of completing the homestudy assessment. Once the homestudy is initiated, the PCSA, PCPA or PNA shall maintain involvement with the applicant(s) through completion of the homestudy assessment, unless the applicant requests a transfer or fails to follow through with timely submission of homestudy documents.

(P) No PCSA, PCPA or PNA shall consider race, color, or national origin of a family for whom that agency is conducting a homestudy in determining whether a homestudy is approved or disapproved.

(Q) The race, color or national origin of a child being considered for adoption shall not be a consideration by a PCSA, PCPA, or PNA in determining whether to approve the family's homestudy.

(R) No PCSA, PCPA or PNA shall discriminate in approving or disapproving a homestudy on the basis of disability in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (1/2/2006) and of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 1201 (1/2/2006).

(S) If a PCSA, PCPA or PNA determines any statement in a homestudy is false, the PCSA, PCPA or PNA shall follow the procedures outlined in rule 5101:2-33-13 of the Administrative Code.

(T) No PCSA, PCPA or PNA shall release a homestudy to any other agency or probate court if it is determined the application or homestudy contains a false statement knowingly made by the applicant(s), included in the written report of the homestudy.

(U) All homestudies conducted by PCSAs, PCPAs and PNAs shall be documented on the JFS 01673, or the JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009), as applicable. Step-parent and international homestudies are exempt from this requirement. The JFS 01698 "Step-parent Homestudy Report" (rev. 10/2006) may be used when the court requests a PCSA, PCPA, or PNA to conduct a homestudy involving a step-parent adoption.

(V) Prior to the end of the assessment process, applicants shall complete and sign the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" (rev. 12/2006) indicating the acceptable characteristics of the child the applicant is requesting to adopt. Upon completion of the assessment process, the JFS 01673-A shall be attached to the JFS 01673. International and step-parent adoptions are exempt from this requirement.

(W) Upon completion of the homestudy, the PCSA, PCPA and PNA shall document the results of the homestudy on the JFS 01609 "Family Permanency Planning Data Summary" (rev. 2/2005).

(X) The agency shall require the following for the homestudy:

(1) JFS 01673-A signed by the adoptive/foster parent(s), assessor and assessor's supervisor.

(2) The JFS 01530, ifapplicable.

(3) The JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009) completed by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner or certified nurse-midwife not more than six months prior to an initial recommendation by the agency for approval.

(a) The form shall document that the applicant and all members of the household are free from any physical, emotional or mental condition which would endanger children or seriously impair the ability of the household members to care for the child being adopted.

(b) The agency may require the medical statements(s) be provided before the person may participate in any preservice training required by rule 5101:2-48-09 of the Administrative Code.

(4) The names of three people unrelated to the applicant that do not reside with the applicant and can be contacted by the agency as references.

(a) The agency may require the person to provide the names of the references and any signed release of information statements before the person participates in any preservice training required by rule 5101:2-48-09 of the Administrative Code.

(b) The applicant shall provide the name of any other agency or organization the applicant has had a homestudy approved as well as a written and signed release of information statement so any such reference may be contacted.

(c) Prior to approving the homestudy, the agency shall contact all references given by the applicant, including any other agency or organization the applicant has been previously approved as an adoptive parent.

(d) All contacts with references shall be documented in the narrative section of the JFS 01673.

(5) The JFS 01200 "Fire Inspection Report for Residential Facilities Certified by ODJFS" (rev. 10/2000) fire safety approval or other form used for a local or state fire inspection. The report shall not be dated more than six months prior to the agency's recommendation for approval.

(6) The JFS 01348 "Safety Audit of a Foster Home" (rev. 1/2003), also used for adoptive homes, and documentation the residence satisfactorily meets all safety standards.

(7) The JFS 01681 "Applicant Financial Statement" (rev. 10/2000).

(8) The bureau of criminal identification and investigation (BCII) and federal bureau of investigation (FBI) reports as outlined in rule 5101:2-48-10 of the Administrative Code.

(9) A completed water test by an approved Ohio water testing laboratory, ifdeemed necessary by the agency.

(Y) The assessor shall provide written notification to the applicant(s) of approval or denial of the adoption homestudy. The written notification shall be provided within ten days after the homestudy is approved or disapproved.

(Z) The assessor shall make one or more of the following recommendations at the completion of the homestudy:

(1) Approve the applicant(s) as adoptive parent(s) only.

(2) Recommend the applicant(s) for certification as a foster caregiver(s) only.

(3) Approve the applicant(s) as adoptive parents and recommend the applicant(s)

for certification as a foster caregiver(s) simultaneously.

(4) Deny the adoption application.

(5) Recommend that the applicant(s) certification as a foster caregiver(s) not be approved.

(6) Deny the adoption application and recommend the applicant's certification as a foster caregiver(s) not be approved.

(AA) If the decision of the assessor is to approve the applicant(s) as an adoptive parent(s), the written notification required in paragraph (Y) of this rule shall include, at minimum, the following information:

(1) Date of approval of the adoptive homestudy with the date the approved homestudy or update expires.

(2) A description of the characteristics of the child or children for whom the applicant is being approved.

(BB) If the decision of the assessor is to deny the applicant for adoption, the written notification required in paragraph (Y) of this rule shall contain both of the following:

(1) A detailed explanation of the reason for the denial setting forth all of the reasons for the denial.

(2) A description of procedures for an agency review pursuant to rule 5101:2-48-24 of the Administrative Code.

(CC) The PCSA, PCPA or PNA shall follow procedures contained in rules 5101:2-5-22 and 5101:2-5-26 of the Administrative Code for approval or denial of an applicant(s) for certification as a foster home.

(DD) The homestudy shall be updated every two years from the date of approval of the initial homestudy in accordance with rule 5101:2-48-12.1 of the Administrative Code.

(EE) The homestudy shall be amended, if applicable, in accordance with rule 5101:2-48-12.2 of the Administrative Code.

(FF) If a child has been placed in an approved adoptive home, the PCSA, PCPA or PNA shall assure that the home continues to be in an approved status until the adoption is finalized by updating and amending the homestudy in accordance with rules 5101:2-48-12.1 and 5101:2-48-12.2 of the Administrative Code.

Effective: 03/01/2010
R.C. 119.032 review dates: 10/13/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 3107.032 , 3107.033 , 5103.03 , 5153.166
Rule Amplifies: 3107.011 , 3107.032 , 3107.033 , 3107.034 , 3107.10 , 5103.18
Prior Effective Dates: 12/30/66, 10/1/86, 7/1/90, 9/1/94, 12/15/95 (Emer.), 3/1/96, 9/18/96, 12/31/96 (Emer.), 3/31/97, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99, 2/15/02, 9/1/03, 2/1/05, 12/11/06, 8/21/08, 7/1/09

5101:2-48-12.1 Completion of adoption homestudy updates.

(A) All homestudies approved on or after December 11, 2006, shall be updated every two years from the date of approval of the initial homestudy

(B) Homestudies approved prior to December 11, 2006, shall be updated every two years. The date of approval of the most current update becomes the new date to determine the next two-year update.

(C) If an approved adoptive home is certified for foster care by the same agency that approved the home for adoption, the adoptive home shall be updated at the same time the home is initially certified for foster care.

(D) If a certified foster home is approved for adoption by the same agency that certified the home for foster care, the next adoption update shall be completed when the current foster care certificate is recertified.

(E) When updating the JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 8/2005), the assessor shall complete the JFS 01385 "Ohio Department of Job and Family Services Assessment for Child Placement Update" (rev. 12/2006). International-only adoptions are exempt from using the JFS 01385.

(F) Updates to adoption homestudies shall be completed by an assessor employed or under contract with a public children services agency (PCSA), private child placing agency, (PCPA) or private noncustodial agency (PNA) meeting the definition of an assessor contained in rule 5101:2-1-01 of the Administrative Code.

(G) The PCSA, PCPA or PNA shall not consider race, color, or national origin of a family for whom that agency is conducting an update to a homestudy in determining whether a homestudy is approved or disapproved. The PCSA, PCPA, or PNA shall not consider the race, color or national origin of the child a family indicates an interest in adopting in determining whether to approve or disapprove the update to the adoptive family's homestudy.

(H) The PCSA, PCPA or PNA shall not discriminate in approving or disapproving an update to a homestudy on the basis of disability in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (1/2/2006) and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 1201 (1/2/2006).

(I) The recommending agency shall notify the adoptive parent(s) of the date of expiration of the homestudy not fewer than ninety days or more than one hundred twenty days prior to the expiration date. The notification shall:

(1) Identify any information or documentation the adoptive parent(s) is required to submit for the homestudy update.

(2) Be completed on the JFS 01331 "Notice of Expiration and Reapplication for a Foster Home Certification or Adoption Homestudy Update/Amendment." (rev. 12/2006).

(J) Following agency notification to the prospective adoptive parent as required by paragraph (I) of this rule, if the prospective adoptive parent fails to either reapply or voluntarily terminate prior to the expiration date of the homestudy, the prospective adoptive family record shall close and the applicant(s) shall reapply through the initial homestudy application process pursuant to rule 5101:2-48-09 of the Administrative Code.

(K) Prior to the recommendation for and expiration of a current homestudy, if an adoptive applicant has re-applied to update a current homestudy, an assessor shall complete a JFS 01385. The agency shall attach the following documents to the JFS 01385:

(1) The most recent JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009) completed for the applicant and all household members by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner or certified nurse-midwife. The agency may require a new JFS 01653 if the agency deems it necessary.

(2) A minimum of one written reference from a professional knowledgeable of the prospective adoptive parent(s) family dynamics, or if a reference is not available from a professional, one personal reference from someone aware of the prospective adoptive parent(s) family's functioning. The personal reference shall not be completed by a relative.

(3) A report of a physical, psychiatric or psychological examination or treatment of the caregiver or prospective adoptive parent(s) or other household member(s) if required by the agency to ensure the safety, health or care of an adoptive child. The examination shall be conducted by a licensed physician, psychologist, or other certified or licensed professional.

(4) A fire inspection by a state certified fire safety inspector or the state fire marshal's office using the JFS 01200 "Fire Inspection Report for Residential Facilities Certified by ODJFS" (rev. 10/2000) fire safety approval or other form used for a local or state fire inspection, if the agency deems it necessary to ensure the home is free from conditions hazardous to the safety of an adoptive child.

(5) The JFS 01348 "Safety Audit of a Family Foster Home," (rev. 01/2003), also used for adoptive homes; if there is a reason for concern relative to the home's continued safety. The JFS 01348 must document the residence satisfactorily meets all safety standards.

(6) The JFS 01681 "Applicant Financial Statement." (rev. 10/2000), if any substantial changes to the prospective adoptive parent(s) financial situation occurred.

(7) A completed water test by an approved Ohio water testing laboratory, if deemed necessary by the agency.

(L) If the recommending agency has access to the statewide automated child welfare information system (SACWIS), the agency shall conduct a search of abuse and neglect report history in the system. The recommending agency shall also request a search of the central registry of abuse and neglect from the Ohio department of job and family services for each adoptive applicant and each adult who resides with the adoptive applicant. This search is to be used to determine the suitability of the adoptive applicant as an adoptive parent.

(M) Preparation of summary report of involvement of an applicant and other adult household members in reports of child abuse and neglect contained in SACWIS.

(1) A summary report shall be placed in each adoptive home record. Prior to the placement of each child in the applicant's home, the summary report shall be considered as a tool to help determine the appropriateness of the placement.

(2) One summary report shall be prepared for each applicant's home. The summary report shall include, for each applicant and each adult member of the household, a chronological list of abuse and neglect determinations or allegations in which the person was involved where a PCSA has done one of the following:

(a) Determined that abuse or neglect occurred.

(b) Initiated an investigation, and the investigation is ongoing.

(c) Initiated an investigation, and the agency was unable to determine whether abuse or neglect occurred. This provision is limited to report dispositions the PCSA determined to be unable to locate.

(3) The summary report shall not contain any of the following:

(a) Any information concerning a report of abuse or neglect where the PCSA determined that abuse or neglect did not occur or was unsubstantiated.

(b) The name of the person who or entity that made, or participated in the making of, the report of abuse or neglect. This includes any additional collateral contact who made, or participated in, the report of abuse or neglect.

(c) Any information the release of which is prohibited by state or federal law.

(d) The name of or other identifying information regarding a child.

(4) If the search indicates there are no allegations or reports of involvement in child abuse or neglect investigations for any applicant or adult household member, the summary report shall indicate that there is no record involving any applicant or adult household member in an allegation or report of involvement in a child abuse or neglect investigation reported to SACWIS or the central registry.

(N) Once a homestudy is approved, a new criminal records check pursuant to rule 5101:2-48-10 of the Administrative Code shall be conducted for the adoptive parent(s) and each adult member of the household every four years at the time of the update.

(O) The agency shall conduct a criminal records check on each adult residing in the household within sixty days of the effective date of this rule if the last criminal records check was completed more than four years ago.

(P) After the criminal records check is completed, the agency shall conduct continued criminal records checks pursuant to paragraph (N) of this rule.

(Q) An assessor's update of the homestudy shall include a minimum of one face to face home visit with each member of the household currently residing in the home. The interview with other household member(s) may be joint visits.

(R) The assessor shall provide written notification to the applicant(s) of approval or denial of the update to the adoption homestudy. The written notification shall be provided to the adoptive family within ten days of completion of the homestudy update.

(S) If the decision of the assessor is to recommend the approval of an adoptive parent(s) homestudy update, the written notification shall include, but not be limited to, the date of the approval of the update to the adoptive homestudy and the date the approved update will expire.

(T) If the decision of the assessor is to deny the updated adoptive homestudy, the written notification shall contain both of the following:

(1) A detailed explanation setting forth the reasons for denial.

(2) Procedures the applicant(s) shall follow for an agency review pursuant to rule 5101:2-48-24 of the Administrative Code.

Effective: 07/01/2009
R.C. 119.032 review dates: 03/24/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166 , 3107.033
Rule Amplifies: 3107.031 , 5103.18
Prior Effective Dates: 12/11/2006, 8/14/08

5101:2-48-12.2 Completion of adoption homestudy amendments.

(A) An amendment is a narrative of the assessor's evaluation of the approved adoptive parent(s) and family and shall be completed and attached to the homestudy within thirty days of the agency becoming aware a change occurred.

(B) If the approved adoptive parent notifies the agency of any changes or circumstances listed in paragraphs (C) and (D) of this rule occurred, the agency shall amend the homestudy.

(C) An approved adoptive parent shall notify the recommending agency within one hour of any of the following circumstances involving the adoptive child whose adoption is not finalized:

(1) A serious injury or illness involving medical treatment of the adoptive child.

(2) The death of the adoptive child.

(3) Unauthorized absence of the adoptive child from the home.

(4) Removal of the adoptive child from the home by any person or agency other than the placing agency, or attempts at such removal.

(5) Any involvement of the adoptive child with law enforcement authorities.

(D) An adoptive parent shall notify the recommending agency within twenty-four hours or the next working day if any of the following occur prior to finalization of the adoption of the child:

(1) A change in the marital status of an approved adoptive parent(s).

(2) Any serious illness or death of an approved adoptive parent(s) or household member.

(3) The finalization of an adoptive child placed by a different agency.

(4) A change in the number of household members through birth or kinship who have not reached the age of majority.

(5) A change in the number of adults residing with the approved adoptive parent (not including an existing household member reaching the age of majority).

(6) A criminal charge or conviction of any approved adoptive parent or other adult household member(s).

(7) A significant change in financial status/income.

(8) The physical relocation of the approved adoptive parent(s) resulting in a change of address different than the address listed on the most recent homestudy or homestudy update.

(E) New child household members residing with the adoptive parent shall have a JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009) completed within sixty days of becoming a household member.

(F) If the child is an infant born to the adoptive parent and the agency documents in the case record the adoptive parent has had prenatal care from a physician during the pregnancy and is receiving periodic medical examinations from a physician, the JFS 01653 shall be completed within ninety days of the date the infant becomes a household member.

(G) Household members turning eighteen years of age shall have a bureau of criminal identification and investigation (BCII) background check and federal bureau of investigation (FBI) check, as outlined in rule 5101:2-48-10 of the Administrative Code, initiated within ten working days of the date they turned eighteen years of age.

(H) New adult household members residing with the approved adoptive parent shall have a JFS 01653 completed within sixty days of becoming a household member.

(I) New adult household members residing with the approved adoptive parent shall have a BCII background check and FBI check, as outlined in rule 5101:2-48-10 of the Administrative Code, and a search of the central registry initiated within ten working days of the date they became a household member.

(J) Upon notification of a change of address, the PCSA, PCPA, or PNA shall conduct a safety audit of the new residence using the JFS 01348 "Safety Audit of a Foster Home," which is also used for adoptive homes (rev. 1/2003).

(K) The safety audit shall be conducted within ten working days after the notification of the change of address.

(L) The PCSA, PCPA, or PNA shall require the approved adoptive parent to obtain a fire safety inspection certifying the new residence is free from conditions hazardous to the safety of an adoptive child.

(M) The fire safety inspection shall be conducted within ninety days of the change of address by a state certified fire safety inspector or the state fire marshal's office.

Replaces: 5101:2-48- 12.1

Effective: 07/01/2009
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166 , 3107.033
Rule Amplifies: 3107.031 , 5103.18
Prior Effective Dates: 12/11/2006, 8/14/08

5101:2-48-13 Non-discrimination requirements for adoptive placements.

(A) A public children services agency (PCSA), private child placing agency (PCPA), or private noncustodial agency (PNA) shall not deny any person the opportunity to become an adoptive parent on the basis of race, color or national origin (RCNO) of that person, or of the child involved; nor shall the PCSA, PCPA or PNA delay or deny the placement of a child for adoption on the basis of RCNO of the adoptive parent, or of the child involved.

(B) The Multiethnic Placement Act of 1994 as amended by Section 1808 of the Small Business Job Protection Act of 1996, 42 U.S.C. 622(b)(9) , 42 U.S.C. 671(a)(18) , 42 U.S.C. 674(d) and 42 U.S.C. 1996(b) (1/2/06) (MEPA) and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d , (1/2/06), as they apply to the adoption process (Title VI), do not supercede the provisions of the Indian Child Welfare Act of 1978, 25 U.S.C. 1901 (1/2/06).

(C) A PCSA, PCPA, or PNA shall not routinely consider RCNO as a factor in assessing the needs or best interests of children. In each case, the only consideration shall be the child's individual needs and the ability of the prospective adoptive parent to meet those needs.

(D) Only the most compelling reasons may serve to justify consideration of RCNO as part of a placement decision. Such reasons emerge only in the unique and individual circumstances of each child and each prospective adoptive parent. In those exceptional circumstances when RCNO needs to be taken into account in a placement decision, such consideration shall be narrowly tailored to advance the child's best interests. Even when the facts of a particular case allow consideration related to RCNO, this consideration shall not be the sole determining factor in the placement decision.

(E) A JFS 01689 "Documentation of the Placement Decision-Making Process", (rev. 12/2006) shall be completed at each matching conference where families are considered as potential matches and prior to the placement selection by the custodial agency, pursuant to rule 5101:2-48-16 of the Administrative Code.

(F) Each PCSA, PCPA and PNA involved in the placement of children for adoptive purposes or in the recruitment and completion of adoptive homestudies, shall complete the JFS 01668 "MEPA Biennial Comprehensive Self-Assessment Report" (rev. 12/09).

(G) The following actions by a PCSA, PCPA, or PNA are permitted as it applies to the adoptive placement:

(1) Asking about and honoring any initial or subsequent choices made by prospective adoptive parents regarding what RCNO of child(ren) the prospective adoptive parents will accept.

(2) Honoring the decision of a child over twelve years of age not to consent to an adoption, unless the court finds that the adoption is in the best interest of the child and the child's consent is not required.

(3) Providing information and resources about adopting a child of another RCNO to prospective adoptive parents who request such information and making known to all families that such information and resources are available.

(4) Considering the request of a birth parent(s) to place the child with a relative or non-relative identified by name.

(5) Considering the RCNO of the child as a possible factor in the placement decision when compelling reasons serve to justify that the RCNO needs to be a factor in the placement decision pursuant to paragraph (I) of this rule. Even when the facts of a particular case allow consideration related to the RCNO, this consideration shall not be the sole determining factor in the placement decision.

(6) Promoting cultural awareness, including awareness of cultural and physical needs that may arise in the care of children of different races, ethnicities, and national origins as part of the training which is required of all applicants who seek to become adoptive parents.

(7) The agency is required to document verbal comments, verbatim, or describing in detail any other indication made by a prospective adoptive parent or prospective adoptive family member living in the household or any other person living in the household reflecting a negative perspective regarding the RCNO of a child for whom the prospective adoptive family have expressed an interest in adopting.

(a) The documentation shall indicate whether those comments were made before or after completion of the cultural diversity training that is required for all adoptive applicants.

(b) The documentation shall be included in the prospective adoptive family's homestudy, update, or in an addendum to the homestudy or update prior to consideration of placement or a matching conference. The matching conference committee shall consider the information to determine if it will impact the placement.

(H) The following acts are prohibited as it applies to the adoption process:

(1) Using the RCNO of a prospective adoptive parent to differentiate between adoptive placements for a child(ren), unless the procedures in paragraphs (I) to (M) of this rule are followed.

(2) Honoring the request of a birth parent(s) to place a child with a prospective adoptive parent(s) of a specific, RCNO unless the birth parent(s) identifies a relative or non-relative by name and that person is found to meet all relevant state child protection standards, provided that the agency determines that the placement is in the best interests of the child.

(3) Requiring a prospective adoptive family to prepare or accept a transracial adoption plan.

(4) Using culture or ethnicity as a proxy for RCNO.

(5) Delaying or denying placement of a child based upon any of the following:

(a) The geographical location of the neighborhood of the prospective adoptive family if geography is being used as a proxy for the racial or ethnic composition of the neighborhood.

(b) The demographics of the neighborhood.

(c) The presence or lack of presence of a significant number of people of a particular RCNO in the neighborhood.

(6) Requiring extra scrutiny, additional training, or greater cultural awareness of individuals who are prospective adoptive parents of children of a different RCNO than required of other prospective adoptive parents.

(7) Relying upon general or stereotypical assumptions about the needs of children of a particular tRCNO.

(8) Relying upon general or stereotypical assumptions about the ability of prospective adoptive parents of a particular RCNO to care for or nurture the sense of identity of a child of another RCNO.

(9) Steering prospective adoptive parents away from parenting a child of another RCNO. "Steering" is any activity that attempts to discourage prospective adoptive parents from parenting a child of a particular RCNO.

(I) If a medical or psychological evaluation, school record, or other material documented in the file, including statements made by the child to a caseworker, indicate that there may be compelling reasons to consider needs the child may have regarding RCNO in the placement process, the agency shall determine if the child should be referred for an assessment of whether the child has individual needs involving RCNO.

(J) One of the following licensed professionals shall conduct the assessment regarding RCNO:

(1) A licensed child psychiatrist.

(2) A licensed child psychologist.

(3) A licensed independent social worker.

(4) A licensed professional clinical counselor.

(K) The licensed professional conducting the assessment shall not be employed by the PCSA or PCPA making the referral.

(L) At the time of the referral, the PCSA or PCPA shall initiate and subsequently complete the JFS 01688 "Individualized Child Assessment" (rev. 5/2007) using the following procedures:

(1) The caseworker shall complete section I of the JFS 01688 and submit the JFS 01688 and all relevant medical or psychological evaluations, school records, or other material documented in the file to the caseworker's supervisor and the PCSA or PCPA MEPA monitor.

(2) If both the supervisor and the MEPA monitor determine that the documented material contained in the case file indicates there may be compelling reasons to consider the needs for the child may have regarding RCNO in the placement process, the child shall be referred within ten days of the signature of the caseworker for an individual assessment as indicated in paragraph (I) of this rule. At the time of the referral, the agency shall forward to the licensed professional the following documents:

(a) The original JFS 01688.

(b) All relevant medical or psychological evaluations, and school records.

(c) All other relevant material documented in the child case file.

(3) The PCSA or PCPA shall request in writing that the licensed professional complete and sign section II of the original JFS 01688 and return it within sixty days to the PCSA or PCPA with a copy of the requested assessment attached.

(4) The licensed professional shall determine whether the child has needs involving RCNO and any other needs of a psychological or behavior nature and, if so to specify what those needs are and how those needs may impact a potential adoptive placement.

(5) A licensed professional shall not complete an assessment pursuant to paragraph (I) of this rule until the PCSA or PCPA has provided the licensed professional with copies of the following:

(a) The JFS 01607 "MEPA Educational Materials" (rev. 1/2009).

(b) The JFS 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements" (rev. 1/2009).

(c) Rule 5101:2-42-18.1 of the Administrative Code.

(d) . Rule 5101:2-48-13 of the Administrative Code.

(e) Rule 5101:2-48-16 of the Administrative Code.

(6) The licensed professional shall sign the JFS 01608 "Licensed Professional Statement" (rev. 1/2009) acknowledging receipt of the materials required by paragraph (L)(5) of this rule. A copy of the signed JFS 01608 shall be submitted to the Ohio department of job and family services (ODJFS) within ten days after receipt by the PCSA or PCPA.

(7) The PCSA or PCPA shall keep the JFS 01608 and attach a copy to each JFS 01688 the licensed professional completes. The PCSA or PCPA shall submit a copy of the JFS 01608 and JFS 1688, if applicable to ODJFS ten days after receiving it.

(8) Each completed JFS 01688 shall remain in effect for twelve months from the date of the final decision as documented on the JFS 01688.

(a) If it has been determined that RCNO should be a factor considered in the child's placement, an updated JFS 01688 and assessment shall be completed prior to the twelve month expiration date.

(b) If it has been determined that RCNO should not be a factor considered in the child's placement, an updated JFS 01688 and assessment is not required prior to the twelve month expiration date. In such instance, the PCSA or PCPA may update the JFS 01688 and assessment as deemed necessary.

(9) The PCSA or PCPA shall forward a copy of each completed JFS 01688 and the assessment of the licensed professional to ODJFS within ten days of receiving it.

(10) The following documents shall be presented as part of the placement decision making process at each matching conference in which the child is considered for a match with a prospective adoptive family:

(a) The JFS 01688, ifapplicable.

(b) The JFS 01690 "Documentation of the Pre-Adoptive Staffing and Updates" (rev. 12/2006.)

(c) All other relevant supporting materials.

(11) Documentation of how RCNO impacted the placement decision shall be documented on the JFS 01689 "Documentation of the Placement-Making Decision" (rev. 12/2006) pursuant to rule 5101:2-48-16 of the Administrative Code.

(12) The PCSA or PCPA shall submit the JFS 01689 to ODJFS within ten days of the matching conference if the PCSA or PCPA determined that RCNO should be a factor considered in the child's placement.

(M) The PCSA or PCPA shall maintain in the child's case file the completed original JFS 01688 and all medical or psychological evaluations, school records or other material documented in the file.

(N) A PCSA, PCPA, or PNA shall not intimidate, threaten, coerce, or in any way discriminate or retaliate against any person who has filed any complaint orally or in writing, testified, assisted, or participated in any manner in the investigation of any alleged violation of MEPA and/or Title VI, including:

(1) Any potential or actual adoptive family or foster caregiver.

(2) Any employee of a PCSA, PCPA, or PNA.

(3) Any employee of any other agency with responsibilities regarding the care or placement of a child in the temporary custody or permanent custody of the PCSA, PCPA and PNA, such as a guardian ad litem (GAL) or court appointed special advocate (CASA) volunteer.

(O) Prohibited retaliatory conduct includes, at a minimum:

(1) A reduction in the size of an adoption subsidy which a family should receive based on the child's individual needs.

(2) Unwarranted poor evaluations of an employee by his or her supervisor.

Effective: 03/01/2010
R.C. 119.032 review dates: 11/05/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 3107.032 , 5103.03 , 5153.16 , 5153.166
Rule Amplifies: 2151.41 , 3107.031 , 5153.16
Prior Effective Dates: 9/1/00, 5/1/02, 9/1/03, 2/1/05, 12/11/06, 5/15/09

5101:2-48-14 Preparation of child for adoptive placement. [Rescinded].

Rescinded eff 6-15-09

5101:2-48-15 Provision of information to a prospective adoptive parent matched with a specific child.

(A) Prior to the day that a child is placed with adoptive parent(s), the public children services agency (PCSA) or private child placing agency (PCPA) shall provide the prospective adoptive parent(s) with information about the child and any special needs of the child, identified or anticipated, and available resources to assist the prospective adoptive parent(s) in making an informed decision about the placement.

(B) Prior to the date of adoptive placement, the PCSA or PCPA shall:

(1) Provide the prospective adoptive parent(s) with the child study inventory. The information disclosed to the adoptive parent(s) shall include all background information available on the child in accordance with rule 5101:2-48-21 of the Administrative Code. All identifying information regarding the child's biological family shall be removed.

(2) Provide the prospective adoptive parent(s) with information regarding any child-specific financial and medical resources, known or anticipated, including subsidy information.

(3) Provide the prospective adoptive parent(s) with the child's lifebook.

(4) Provide the prospective adoptive parent(s) with materials the biological parent(s) requested be given to the adopted person or adoptive parent(s), if authorization is given on the JFS 01693 "Ohio Law and Adoption Materials" (rev. 5/2009).

(5) Provide the prospective adoptive parent(s) with photographs of the biological parent(s) that the birth parent requested be given to the adopted person or adoptive parent(s), if authorization is given on the JFS 01693.

(6) Provide the prospective adoptive parent(s) with the biological parent's first name, if authorization is given on the JFS 01693.

(7) Provide the prospective adoptive parent(s) with the child's social security number, if applicable.

(8) Provide the prospective adoptive parent(s) with a written report containing the information specified in paragraph (B)(9) of this rule if the child has been adjudicated a delinquent for an act to which of any of the following offenses apply:

(a) Aggravated murder.

(b) Murder.

(c) Voluntary manslaughter.

(d) Involuntary manslaughter.

(e) Felonious assault.

(f) Aggravated assault.

(g) Assault.

(h) Rape.

(i) Sexual battery.

(j) Gross sexual imposition.

(k) Conspiracy involving an attempt to commit aggravated murder or murder.

(l) Any other offense that would be a felony if committed by an adult, and the child upon committing the offense, was found to be using or in possession of a firearm.

(m) Any other offense that would be a felony if committed by an adult, and the child, upon committing the offense, was found to be wearing or carried body armor.

(9) Provide the prospective adoptive parent(s) with a written report required by paragraph (B)(8) of this rule containing the following information:

(a) A descriptive summary of the child's social history.

(b) Unless a child's record has been sealed pursuant to section 2151.358 of the Revised Code, a description of all the known acts committed by the child that resulted in the child being adjudicated a delinquent and the disposition made by the court. If the agency knows the child's record has been sealed, the prospective adoptive parent(s) shall be informed in writing by the agency that the child's record of a prior delinquency adjudication has been sealed.

(c) A description of any other violent act(s) committed by the child of which the PCSA or PCPA is aware.

(d) The substantial and material conclusions and recommendations of any psychiatric or psychological examination conducted on the child or, if no psychological or psychiatric examination of the child is available, the substantial and material conclusions and recommendations of an examination to detect mental and emotional disorders conducted in compliance with the requirements of Chapter 4756. of the Revised Code by a licensed independent social worker, licensed social worker, licensed professional clinical counselor, or licensed professional counselor.

(10) Provide the adoptive family with written information describing types of behavior that the prospective adoptive parent may anticipate from children who have experienced abuse and neglect, suggested interventions, and the post adoption services available if the child exhibits those types of behavior after adoption.

(C) If a newborn child is placed from a hospital into an adoptive home, the PCSA or PCPA shall provide the information required in paragraph (B) of this rule to the adoptive parent(s) within thirty days of the adoptive placement.

(D) The adoptive family case record shall contain documentation of the information provided to the adoptive family and of the family's receipt of information described in paragraph (B) of this rule.

(E) In accordance with paragraph (B)(8) of this rule, the agency holding custody of the child shall assure that a psychological examination of the child is conducted and that a written report detailing the substantial and material conclusions and recommendations of the examination are provided to the prospective adoptive parent(s) no later than sixty days after placing the child in the prospective adoptive home except under the following circumstances:

(1) A psychological examination of the child has been conducted within twelve months prior to the child's placement, and paragraph (E)(2) of this rule does not apply.

(2) A psychological examination of the child has been conducted within twenty four months prior to the date the child is placed when the foster caregiver seeks to adopt the foster caregiver's foster child.

(F) The PCSA or PCPA shall not provide any part of a psychological, psychiatric, or mental and emotional disorder examination required by paragraph (B)(9) or (E) of this rule to the prospective adoptive parent other than the substantial and material conclusions.

(G) In accordance with sections 2152.72 and 2152.99 of the Revised Code, it is a minor misdemeanor for any person, including staff of a PCSA or PCPA responsible for a child's placement in a prospective adoptive home or staff of a PNA responsible for the supervision of a child's placement in a prospective adoptive home, to fail to provide the prospective adoptive parent(s) with the information required by paragraph (B)(8), (B)(9), or (E) of this rule. It is not a violation of confidentiality to provide such information.

(H) If a custodial agency places the child in a prospective adoptive home with the assistance of or by contracting with another agency, the custodial agency shall provide the supervising agency with information concerning the child's social history, adjudication(s), other violent acts committed by the child of which the custodial agency is aware, and provide the substantial and material conclusions of a psychiatric, psychological, or mental and emotional disorder examination. The custodial agency shall pay the expenses of preparing the information. If a new examination is required, the custodial agency shall pay the expenses of conducting the examination described in paragraph (E) of this rule.

(I) The supervising agency providing assistance to or contracting with the custodial agency shall provide the custodial agency with written acknowledgment that the supervising agency received the information outlined in paragraph (H) of this rule and has provided that information to the prospective adoptive parent(s).

(J) The custodial agency shall keep the acknowledgment and provide a copy to the supervising agency.

(K) If the PCSA or PCPA does not receive the acknowledgement as required by paragraph (I) of this rule, the custodial agency shall remain responsible for providing the prospective adoptive parents with information defined in paragraph (H) of this rule.

(L) The custodial agency shall maintain in the child's case record information indicating:

(1) The date information required by this rule was provided to the prospective adoptive parent(s).

(2) The JFS 01667 "Adoption Information Disclosure" (rev. 9/2003) containing the required signatures.

Effective: 06/15/2009
R.C. 119.032 review dates: 08/28/2008 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 3107.017 , 5153.16
Rule Amplifies: 2152.72 , 2152.99 , 3107.013 , 3107.017 , 3107.61 , 3107.62 , 3107.68 , 5153.16
Prior Effective Dates: 7/1/90, 9/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99, 9/1/03

5101:2-48-16 Adoption preplacement and placement procedures.

(A) The public children services agency (PCSA) or private child placing agency (PCPA) that holds permanent custody of the child shall begin services to prepare the child for adoptive placement no later than the date of the permanent custody. The date of permanent custody shall be either:

(1) The date of the court's filing of its order of permanent commitment of the child to the PCSA or PCPA pursuant to section 2151.353 . 2151.354 , or 2151.414 of the Revised Code.

(2) The date of proper execution on the JFS 01666, "Permanent Surrender of Child" (rev. 10/2013) pursuant to section 5103.15 of the Revised Code.

(B) A PCSA or PCPA shall assign an assessor to work with the child on adoption planning issues and adoptive placement no later than forty-five days after the execution of the permanent surrender or the file stamp date of the permanent custody order. The assessor may also serve as the child's caseworker. If the order is under appeal, the agency shall assign an assessor to work with the child on adoption planning issues and adoption placement within forty-five days of the issuance of the final decision.

(C) If the order is under appeal, the agency may hold a pre-adoptive staffing prior to the issuance of the final decision.

(D) The assessor shall review and help the age appropriate child explore the following adoption issues during the monthly visits required by rule 5101:2-42-65 of the Administrative Code.

(1) Separation and attachment issues.

(2) Feelings concerning adoption.

(3) Terms and conditions of an open adoption, if applicable.

(E) The PCSA or PCPA shall document the services provided to prepare the child for adoption in the case record.

(F) For the purpose of this rule, "pre-adoptive staffing" is the process of identifying, planning and coordinating services for a child after the execution of the permanent surrender or the file stamp date of the permanent custody order.

(G) The PCSA or PCPA shall conduct a pre-adoptive staffing according to the following:

(1) No earlier than the date of the filing for termination of parental rights (TPR) or the birth of the child if the child is being adopted as an infant less than six months of age.

(2) No later than forty-five days after the execution of the permanent surrender or of the file stamp date of the permanent custody order.

(H) The following individuals shall be invited to attend the pre-adoptive staffing:

(1) The child's caseworker.

(2) The child's caseworker's supervisor.

(3) The assessor assigned to work with the child on adoption issues and the adoption placement, if different from the child's caseworker.

(4) The assessor's supervisor, if different from the caseworker's supervisor.

(5) Any agency staff who has the specific assignment of recruiting families for children who are awaiting adoption.

(6) Any assessor who has or is in the process of conducting a homestudy for a kinship family or a foster family who has indicated an interest in the child.

(7) The guardian ad-litem (GAL) if one has been assigned to the case.

(8) The court appointed special advocates (CASA) worker, if one has been assigned to the case.

(9) Key professionals working specifically with the child who have knowledge about the child's history and current needs that will be helpful to determine the child's placement needs.

(10) The child's current caregiver, if deemed appropriate by the PCSA or PCPA.

(11) The child, if in the best interests of the child and deemed appropriate by the PCSA or PCPA.

(12) The birth family, if in the best interest of the child and deemed appropriate by the PCSA or PCPA.

(13) The PCSA or PCPA Multiethnic Placement Act (MEPA) monitor.

(I) During the pre-adoptive staffing, the convened group will identify, coordinate and provide services that consider all of the following:

(1) The child's social, developmental and medical history.

(2) Previous placements.

(3) Specific recruitment efforts to find a permanent home for the child.

(4) Current strengths and limitations and other special needs, including previous or current relationships with siblings or other birth relatives.

(5) Current therapeutic assessments and needs to be considered in determining the child's adoptive placement.

(6) Planning for transition of the case planning from a focus on foster care to adoption.

(7) Planning for good-bye visits.

(8) Assessing the child's understanding and readiness for adoption.

(9) Status of child's lifebook.

(10) Any families who may be interested in adopting the child.

(11) Other preparation for adoption.

(J) The PCSA or PCPA shall document the pre-adoptive staffing on the JFS 01690 "Documentation of the Pre-adoptive Staffing and Updates" (rev. 2/2014) and maintain the form in the child's adoptive case record. Within fifteen days after the pre-adoptive staffing, the PCSA or PCPA shall distribute the JFS 01690 to assessors in the agency who complete adoption homestudies.

(K) For purposes of this rule, a "matching conference" is the process of determining the most appropriate family to adopt a child based on the child's individual needs and the ability of the prospective adoptive parent to meet those needs. A matching conference shall be conducted to match a child with a family for the purpose of adoption. The matching conference shall be held prior to the placement of the child for adoption as outlined in this rule.

(L) The JFS 01530 "Multiple Children/Large Family Assessment" (rev.12/06) as outlined in rule 5101:2-48-12 of the Administrative Code shall be discussed, if applicable.

(M) A PCSA or PCPA shall hold the initial matching conference according to the following:

(1) Within ninety days of the execution of the permanent surrender or the file stamp date of the permanent custody order, unless the order is under appeal.

(2) If the order is under appeal, the agency may hold a matching conference prior to the issuance of the final decision. If the order is under appeal, the agency shall hold the initial matching conference no later than ninety days after the issuance of the final decision.

(N) The following individuals shall be invited to the matching conferences and shall be notified if any matching conference is rescheduled or canceled at least three days prior to the scheduled matching conference or when information is available.

(1) For the first matching conference only, the child's previous caseworker if the individual is different than the assessor assigned to work on adoption issues and placement.

(2) For the first matching conference only, the child's previous caseworker's supervisor, if applicable.

(3) The assessor assigned to work with the child on adoption issues and placement.

(4) The assessor's supervisor.

(5) The child's caseworker, if different from the assessor above.

(6) Any PCSA or PCPA staff who has the specific assignment of recruiting families for children who are awaiting adoption if there are no families identified for the child being presented in the matching conference.

(7) Any adoption caseworker who has responsibility for an approved adoptive family where the JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 6/2011) and the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" (rev. 12/2006) indicates acceptance of the special needs of the child and the family is interested in being considered for the child.

(8) Any assessor from any agency who is responsible for an approved adoptive applicant being presented at the matching conference.

(9) The GAL, if one has been assigned to the case.

(10) The CASA, if one has been assigned to the case.

(11) Any other professional who may have knowledge of the child's history and current needs that will be helpful to determine the child's placement needs.

(12) The PCSA or PCPA MEPA monitor.

(13) The ODJFS MEPA coordinator at matchingconference@jfs.ohio.gov.

(O) The following individuals shall attend the matching conference and be included in the placement decision-making process:

(1) The adoption caseworker for the child.

(2) The caseworker for the adoptive family.

(3) A member of the administrative or supervisory staff of the PCSA or PCPA adoption program.

(P) If the adoption caseworker and family caseworker are the same individual, another adoption program staff member shall participate in the matching conference to assure that at least three individuals participate in the matching decision.

(Q) If the PCSA or PCPA does not have at least three adoption program staff employees to participate in the matching conference, a professional or para-professional who is employed by the PCSA or PCPA shall participate in the matching conference. This person shall have, at a minimum, basic knowledge related to special needs adoption and permanency planning.

(R) If more than one PCSA, PCPA or private non-custodial agency (PNA) is involved in an adoptive matching decision, a representative from each agency shall participate in the matching conference. Participation by teleconference is acceptable. The PCSA, PCPA, or PNA shall provide relevant information that may impact the safety and well being of the child being placed with the prospective adoptive family which shall include at a minimum:

(1) Past or present functioning of the prospective adoptive parent.

(2) Rule violation(s) involving foster and/or pre-adoptive child(ren).

(3) Third party investigations.

(4) Information relating to previous adoption applications.

(5) Previous disruptions from the prospective adoptive family home.

(S) The PCSA or PCPA shall document matching conference information as specified on the JFS 01689 "Documentation of the Placement Decision-Making Process."(rev. 7/2012).

(T) The PCSA or PCPA shall document each matching conference for each child on the JFS 01610 "Child Permanency Planning Data Summary" (rev. 2/2005).

(U) The matching decision shall be based on the following, at a minimum:

(1) Consideration of the placement of siblings together.

(2) The JFS 01690 .

(3) The JFS 01689.

(4) The JFS 01688 "Individualized Child Assessment" (rev.4/2014), if applicable.

(V) Regardless of the geographic location, the following preferential order shall be given when considering families in the matching process:

(1) All adult relatives of the child. This includes a relative or non-relative who the birth parent(s) has indicated by name as a potential resource to adopt the child.

(a) The identified relative or non-relative shall have, at a minimum, a signed JFS 01691 "Application for Child Placement" (rev. 6/2009) or other signed adoption application on file with another state at least five working days prior to the matching conference.

(b) The identified relative or non-relative shall meet all relevant state child protection standards unless the PCSA or PCPA determines that the placement is not in the best interest of the child.

(2) The child's foster caregiver who is approved to adopt or has completed the JFS 01691 at least five working days prior to the matching conference unless the agency determines that the placement is not in the best interest of the child.

(3) A foster caregiver with whom the child has previously resided at any time and is approved pursuant to rule 5101:2-48-11 of the Administrative Code.

(4) Other suitable approved prospective adoptive families.

(W) Subsequent matching conferences shall be held for the child, except as referenced in paragraph (Y) of this rule, at least once every ninety days following the initial matching conference. At least fourteen days prior to each matching conference, the JFS 01690 shall be updated and made available to all adoption assessors responsible for the completion of adoptive homestudies, and on the statewide automated child welfare information system (SACWIS) .

(X) If there are no families available to be considered at a matching conference for a specific child and the JFS 01654 "Adoptive Placement Agreement" (rev. 2/2014) has not been signed, the agency shall conduct child-specific recruitment for the child prior to the next matching conference. Child specific recruitment shall include at a minimum:

(1) Distribution of written information regarding the child to two or more adoption agencies.

(2) Review case file information for relatives or individuals in the child's past who may be able and willing to provide a permanent home for the child.

(3) Exploration with the child of the ability of individuals with whom the child is familiar who may be able and willing to adopt the child.

(Y) Subsequent matching conferences are not required when:

(1) The child has been matched with an adoptive family in a matching conference and signatures of the adoptive parent(s) and applicable agencies have been completed on the JFS 01654 .

(2) The child is age eighteen years old or older. However, the agency has the option to continue to hold matching conferences until the child reaches age twenty-one if the child is mentally or physically handicapped and still in the permanent custody of the agency.

(3) The child's custody changes to a status other than permanent custody.

(Z) If the child's adoptive placement disrupts and there is a permanent surrender or if the child is placed in the permanent custody of the PCSA or PCPA, the PCSA or PCPA shall begin the cycle of ninety day matching conferences again with the first one due ninety days from the date of disruption.

(AA) A PCSA, PCPA or PNA shall provide written information necessary for the completion of the JFS 01609 "Family Permanency Planning Data Summary" (rev. 2/2005) to the Ohio PCSA, PCPA or PNA that had a family presented at the matching conference. The agency responsible for each prospective adoptive family presented at the matching conference shall document the outcome of the matching conference for the family on the JFS 01609.

(BB) The PCSA or PCPA shall make an adoptive placement only when it has permanent custody of the child, whether custody is obtained by permanent surrender or commitment. A child shall only be placed into an adoptive home which meets the best interests and special needs of the child.

(CC) No PCSA or PCPA shall place a child in an Ohio home for the purpose of adoption unless a homestudy has been completed and approved by an Ohio PCSA, PCPA or PNA pursuant to rule 5101:2-48-11 , 5101:2-48- 11.1 or 5101:2-48-12 of the Administrative Code, as applicable. The homestudy shall be completed by a PCSA, PCPA or PNA with authority recognized by ODJFS to complete adoptive homestudies.

(DD) The PCSA or PNA may place a child in an adoptive home in another state pursuant to rules governing the interstate placement of children pursuant to Chapter 5101:2-52 of the Administrative Code.

(EE) Prior to the date of adoptive placement, the PCSA or PCPA shall provide the prospective adoptive parent with the completed and signed JFS 01667 "Adoption Information Disclosure" (rev. 9/2003) in accordance with rule 5101:2-48-21 of the Administrative Code.

(FF) The JFS 01654 shall explain the responsibilities and authority of those who sign it. The following shall sign the JFS 01654 on or before the date of the adoptive placement:

(1) PCSA or PCPA " representative."

(2) Adoptive parent(s).

(3) Any other PCSA, PCPA, or PNA providing adoption services, if applicable on or before the date of adoptive placement.

(GG) A copy of the signed JFS 01654 shall be given to the adoptive parent and any other signer of the agreement. The agreement shall explain the responsibilities and authority of all signers of the agreement.

(HH) A PCSA shall not refuse to provide or arrange for services within its county to another PCSA on behalf of a special needs child when such services, if not provided, would cause a delay in the adoptive placement of a special needs child. Services shall include, but are not limited to:

(1) Homestudy services.

(2) Prefinalization and postfinalization services.

(3) Services needed to provide the court with information required for adoption finalization.

(II) If a child is placed with an Ohio adoptive family by an Ohio agency, the PCSA in the county in which the child is to be placed shall be notified, in writing, of the impending placement by the placing agency no later than ten days prior to the placement. In the case of an infant placement, the notification may be made prior to the birth of the child.

(JJ) If a child from outside Ohio is placed with an Ohio adoptive family, the Ohio agency recommending the adoptive family, or approving the adoptive family homestudy, shall notify, in writing, the PCSA in the county where the adoptive family resides of the impending placement no later than ten days prior to the placement. In the case of an infant placement, the notification may be made prior to the birth of the child.

(KK) If the permanent custody of a child is under appeal through a court of appropriate jurisdiction or awaiting journalization of a court order, the PCSA or PCPA may place the child in a substitute care placement certified as a foster home pursuant to Chapter 5101:2-7 of the Administrative Code that is also approved as an adoptive placement.

(LL) If an applicant knowingly makes a false statement in the application or homestudy process, the custodial agency shall not present that family at the matching conference if the outcome of the agency review results in a reassessment of the homestudy.

(MM) All placement activities shall be in compliance with rules 5101:2-42- 18.1 and 5101:2-48-13 of the Administrative Code and with the Multiethnic Placement Act of 1994 as amended by Section 1808 of the Small Business Job Protection Act of 1996, 42 U.S.C. 622(b) (7), 671(a)(18), 674(d) and 1996(b) and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d , (1/2/06), as they apply to the foster care and adoption process (Title VI).

(NN) If a PCSA intends to place a child for adoption with an adoptive family from another county, it shall notify the PCSA in the county in which the applicant resides. This requirement does not apply to an adoption by a step-parent whose spouse is a biological or adoptive parent of the minor to be adopted.

(OO) If a PCPA or PNA or attorney arranging an adoption intends to place a child for adoption with an adoptive family, it shall notify the PCSA in the county in which the applicant resides. This requirement does not apply to:

(1) An adoption by a step-parent whose spouse is a biological or adoptive parent of the minor to be adopted.

(2) An adoption where the PCSA in the county in which the adoptive applicant resides has contracted with the PCPA or PNA to complete the adoptive applicant's homestudy.

(PP) The written notification to the PCSA, required in paragraphs (NN) and (OO) of this rule, shall be sent at least ten days prior to placement of a child. In the case of an infant placement, the notification may be made prior to the birth of the child.

(QQ) The written notification required in paragraphs (NN) and (OO) of this rule shall include the following information:

(1) The prospective adoptive child's age.

(2) A description of the prospective adoptive child's special needs.

(3) The name(s) of the prospective adoptive parents.

(4) The number of children that will reside in the prospective adoptive home if the prospective adoptive child is placed in the home.

Effective: 07/10/2014
R.C. 119.032 review dates: 04/24/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 3107.10 , 5153.16
Prior Effective Dates: 7/1/90, 7/1/94, 9/18/96, 12/31/96 (Emer.), 3/31/97, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 5/14/98, 12/31/98 (Emer), 4/1/99, 2/15/02, 11/12/02, 9/1/03, 2/1/05, 12/11/06, 6/15/09, 3/1/10, 11/1/12.

5101:2-48-17 Assessor visits and contacts with children in adoptive homes prior to finalization.

(A) Visits and contacts shall be conducted by the assessor within the public children services agency (PCSA) or private child placing agency (PCPA) who is responsible for the child's case, or another assessor employed or contracted by the PCSA or PCPA who has been delegated to act on behalf of the assigned assessor in his or her absence.

(B) The frequency of visits with the child and the adoptive parent(s) shall be as follows:

(1) At a minimum, one face-to-face visit with the child and adoptive parent(s) in the adoptive home shall be made during the first seven days of the adoptive placement, not including the date of placement.

(2) At a minimum, one face-to-face visit with the child and adoptive parent(s) in the adoptive home shall be made during the first thirty days of placement, not including the visit during the first seven days of placement.

(3) After the first thirty days, a minimum of one face-to-face visit with the child and adoptive parent(s) in the adoptive home shall be made monthly.

(C) The frequency of visits with any other household member shall be as follows:

(1) At a minimum, one face-to-face visit in the home with any household member whose permanent residence is the adoptive home shall be made every sixty days.

(2) At a minimum, two face-to-face visits in the home prior to finalization with any household member whose permanent residence is the adoptive home although he or she may temporarily reside elsewhere. No less than sixty days between visits.

(D) During each visit, the assessor shall gather information on how the placement is progressing from the child, as appropriate to his or her ability to communicate, the adoptive parent(s) and other household members, in applicable visits. All contacts and visits shall be documented in the child's case record and address the following:

(1) The child's safety and well-being within the adoptive home. In assessing the child's safety and well-being, the assessor shall consider the following through observation and individualized interviews with each person obtained during the visit:

(a) The child's current behavior and emotional and social functioning in the adoptive home and any other settings.

(b) The child's adjustment to the placement.

(c) The child's feelings around loss, separation and the reasons for being adopted.

(2) Any new information regarding the child, the adoptive parent(s) or the other household members, including, but not limited to:

(a) Changes in the marital status.

(b) Significant changes in the health status of a household member.

(c) Placement of additional children.

(d) Birth of a child.

(e) Death of a child or household member.

(f) A criminal charge, conviction or arrest of the child, adoptive parent(s) or any household member.

(g) Addition or removal of temporary or permanent household members.

(h) Family's relocation.

(i) Child's daily activities.

(j) A change in the adoptive parent(s) employment or any financial hardships.

(k) Any supportive services needs for the child or adoptive parent(s) to assure the child's safety and well-being.

(E) For a child who is placed through the "Interstate Compact for the Placement of Children" into an approved adoptive home outside of Ohio, the agency shall follow procedures pursuant to Chapter 5101:2-52 of the Administrative Code.

(F) If the adoptive parent(s) or other household member(s) knowingly makes a false statement that results in the assessor reassessment of an approved or updated homestudy, the assessor shall report incidents of falsification according to procedures pursuant to rule 5101: 2-33-13 of the Administrative Code.

(G) The assessor shall complete the JFS 01699 "ODJFS Prefinalization Adoption Assessment Report" (rev. 12/2006) prior to the issuance of a final decree of adoption or finalization of an interlocutory order of adoption. The report shall include the following information:

(1) Dates and location of contact with the adoptive parent(s), the child and all other household members according to this rule.

(2) Information regarding the child, adoptive parent(s) and all other household members' adjustment to the adoptive placement.

(3) Present and anticipated needs of the child, the adoptive parent(s) and all other household members for adoptive services, adoption subsidies assistance and medicaid.

(4) Physical, mental and developmental condition of the child.

(5) Biological family background of the child, including identifying information about the biological or other legal parent(s), if known.

(6) Reasons for the child's placement with the adoptive parent(s) and the circumstances under which the child was placed in the home of the adoptive parent(s).

(7) Adoptive parent(s) and all household members' attitudes toward the proposed adoption.

(8) If the child is an Indian child as defined in 25 U.S.C.A. 1903(4) , how the placement complies with the "Indian Child Welfare Act of 1978", 25 U.S.C.A. 1901 (11/8/78).

(9) Prefinalization services which have been requested, provided or agreed upon.

(10) Prefinalization services planned, but not provided, and the reason the services were not provided.

(11) The child's psychological background, if known, including prior history of abuse and behavioral problems of the child.

(H) The assessor shall file the JFS 01699 with the court where the adoption petition is pending no later than twenty days prior to the date scheduled for the final hearing on the adoption unless the court determines there is good cause for filing the report at a later date.

(I) The assessor shall provide a copy of the JFS 01699 to the prospective adoptive parent(s) no later than twenty days prior to the date scheduled for the final hearing on the adoption. All identifying information about the biological or other legal parent(s) shall be deleted prior to providing a copy of this report to the prospective adoptive parent(s).

(J) The agency having custody of the child shall maintain in the child's case record a copy of the JFS 01699 provided to the prospective adoptive parent(s), including the date the information was provided, and the prospective adoptive parent's written acknowledgment of receipt. The agency shall provide a copy of the acknowledgment of receipt to the prospective adoptive parent(s).

(K) The adoptive family case record shall contain a copy of the JFS 01699 provided to the adoptive family and written acknowledgment of the family's receipt of the information.

(L) Unless a court determines that it is in the best interest of the child and orders that an assessor conduct a prefinalization assessment, the JFS 01699 is not required if the prospective adoptive parent(s) is the child's stepparent.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.101 , 3107.12 , 5153.16
Rule Amplifies: 3107.101 , 3107.12
Prior Effective Dates: 12/30/66, 10/1/86, 7/01/90, 9/18/96, 2/13/98 (Emer.), 5/14/98, 2/15/02, 9/1/03, 12/11/06, 6/15/09

5101:2-48-18 Postfinalization services.

(A) For the purpose of this rule, " agency" means a public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) certified by ODJFS that places a child or assists in placing a child for adoption.

(B) Each agency shall have a written policy on the type and extent of postfinalization adoption services that will be provided by the agency.

(C) The agency shall make postfinalization adoption services available upon the request of the birth parent, the adoptive parent or the adoptee. The agency may provide these services either directly or by referral as described in paragraph (D) of this rule.

(D) If the agency does not provide direct postfinalization adoption services, the agency shall:

(1) Refer each person who requests postfinalization adoption services to an agency that provides such services.

(2) Upon written request of a parent, legal custodian, or guardian, provide consultation on adoption-related issues to professionals who are working with the family.

(3) Provide information regarding the procedures for releasing identifying information pursuant to rule 5101: 2-48-20 of the Administrative Code.

(E) If an adoptive parent, adoptee or birth parent contacts an agency for postfinalization adoption services and the agency determines that another agency made the adoptive placement, the agency may contact that agency for assistance in providing postfinalization services.

(F) If an adoptive parent, adoptee or birth parent is unable to access postfinalization adoption services, the PCSA located in the county of residence of the adoptive family, adoptee or birth parent, respectively, is the agency ultimately responsible for the provision of, or referral to, appropriate postfinalization services.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 7/1/90, 2/13/98 (Emer.), 5/14/98, 7/1/03, 11/3/08

5101:2-48-19 Sharing and transferring adoptive homestudies.

(A) A public children services agency (PCSA) or private child placing agency (PCPA) shall only consider approved homestudies forwarded by a PCSA, PCPA, private non-custodial agency (PNA) or comparable agency of another state. The PCSA or PCPA shall not require any additional documentation for the homestudy beyond the requirements of Chapter 5101:2-48 of the Administrative Code.

(B) The following definitions apply for the purposes of this rule:

(1) "Sharing an adoptive homestudy" means forwarding an approved adoptive homestudy to a PCSA or PCPA for consideration of potential adoptive matches.

(2) "Transferring an adoptive homestudy" means releasing the approved homestudy and all related materials to another PCSA, PCPA or PNA. Upon acceptance of the receiving agency and the execution of the JFS 01334, "Recommendation for Transfer of a Foster or Adoptive Home" (rev. 6/2009) the sending agency is relieved of all responsibilities related to the approved adoptive family.

(C) A PCSA or PCPA shall not solicit homestudies or transfers from other PCSAs, PCPAs or PNA for the purpose of locating a family of a specific race, color or national origin.

(D) If the approved adoptive family signed an authorization for release of information, the PCSA, PCPA or PNA shall make the homestudy available to any other agency requesting a copy of the homestudy for sharing or transferring.

(E) The PCSA, PCPA, or PNA shall release the homestudy and related materials, including the JFS 01530 "Multiple Children/Large Family Assessment" (rev.12/2006) within fifteen days after the request is made as long as the requirements outlined in paragraph (L) od this rule are met.

(F) The PCSA, PCPA, or PNA shall not release or accept a homestudy for sharing or transferring purposes if it is determined an application or homestudy contains a false statement knowingly made by the applicant(s) and is included in the written report of the homestudy. If a PCSA, PCPA, or PNA determines a homestudy is falsified, the PCSA, PCPA, or PNA shall follow the procedures outlined in rule 5101:2-33-13 of the Administrative Code.

(G) The receiving agency shall not approve the transfer request until the following information is received and approved by the agency.

(1) Three new personal references from three persons unrelated to the prospective adoptive parent and do not live with the prospective adoptive parent.

(2) A new criminal records check is obtained, reviewed and approved by the assessor for all persons subject to a criminal records check residing in the home.

(3) A new safety audit of the adoptive home is conducted to verify the home meets all current safety requirements.

(4) Documentation of the assessor's decision to recommend approval of the transfer request. The prospective adoptive parent and the sending agency are sent a written notice of the receiving agency's decision within five working days of the decision.

(H) If a PCSA, PCPA, or PNA released a homestudy and the agency in receipt of the homestudy determines the homestudy contains a knowingly false statement, the agency in receipt of the homestudy shall not consider the homestudy in the matching process and shall notify the sending agency in writing of the false statement within three days of determination of the false statement.

(I) If an incomplete homestudy is received from an agency, the receiving agency shall notify the sending agency in writing within ten days from the date of receipt of the incomplete homestudy.

(1) The written notification shall indicate the information needed in order for the homestudy to be considered complete as required by Chapter 5101:2-48 of the Administrative Code.

(2) The sending agency shall respond within fifteen days from the date of receipt of the written notification from the receiving agency.

(J) Upon acceptance of the transfer of an adoption homestudy, the JFS 01334 shall be completed and signed by both the sending and receiving agencies.

(K) Homestudies from other agencies shall be regularly considered for potential adoption matches pursuant to rule 5101:2-48-16 of the Administrative Code.

(L) The PCSA, PCPA, or PNA may charge reasonable fees for the release of the homestudy and related materials. A PCSA shall not charge any other PCSA a fee for the release of the homestudy and related materials.

Replaces: 5101:2-48-19

Effective: 07/01/2009
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 5153.166 , 3107.033
Rule Amplifies: 3107.031 , 3107.083 , 3107.10 , 5153.16
Prior Effective Dates: 7/1/90, 9/1/94, 2/13/98 (Emer.), 5/14/98, 7/1/03, 2/1/05, 12/11/06

5101:2-48-20 Release of identifying and nonidentifying information.

(A) The assessor shall inform birth parents who enter into a voluntary surrender agreement that:

(1) Birth parents will be required to complete the JFS 01693, "Ohio Law and Adoption Materials" (rev. 5/2009) which will indicate their decision regarding the release of identifying information to the adopted person or adoptive parent. The JFS 01693 shall be signed at least seventy-two hours prior to the time the consent to the adoption is executed.

(2) Birth parents have the option, at any time or for as many times as they want, to reverse their decision regarding the release of identifying information by contacting the Ohio department of health (ODH) and requesting a copy of a denial of release form or a copy of an authorization of release form.

(3) Unless the birth parents have signed the denial of release of information on the JFS 01693, identifying information can be released to:

(a) The adoptive parent when the adopted person is under eighteen years of age and the adoptive parent submits a request to ODH.

(b) The adopted person when the adopted person is at least eighteen years of age and the adopted person submits a request to ODH.

(B) The assessor shall inform the adoptive parent(s) that when:

(1) The adopted person is under eighteen years of age, the adoptive parent can submit a request to ODH to request a copy of the contents of the adoption files which may include identifying information about the birth parents.

(2) The adopted person is eighteen years of age or older, the adopted person can submit a request to ODH to request a copy of the contents of the adoption files which may include identifying information about the birth parents.

(3) The adopted person is eighteen years of age or older, the adopted person can submit a request to ODH authorizing ODH to assist the adopted person's birth parents or birth siblings in finding the adopted person's name by adoption. The adopted person may alter this decision at any time or for as many times as the adopted person wants by submitting a request to ODH.

(C) The public children services agency (PCSA) or private child placing agency (PCPA) shall provide the birth parent with the address for ODH to obtain instructions regarding the filing of authorizations.

(D) Upon written request, the PCSA or PCPA shall provide the following nonidentifying information to the adopted person age eighteen or older, an adoptive parent of an adopted person under age eighteen or an adoptive relative of a deceased adopted person:

(1) A birth parents' age at the time the birth parents' child was adopted.

(2) The medical and genetic history of the birth parents.

(3) The age, sex, and medical and genetic history of an adopted person's birth siblings and extended family members.

(4) The heritage and ethnic background, educational level, general physical appearance, religion, occupation, and cause of death of the birth parents, birth siblings and extended family members.

(5) Any information that may be included on the JFS 01616, "Social and Medical History" (rev. 6/ 2009).

(6) Any information that is not deemed as identifying information as defined in rule 5101: 2-1-01 of the Administrative Code.

(E) Subject to a determination made pursuant to division (E) of section 3107.66 of the Revised Code, the PCSA or PCPA shall provide, upon written request, the following nonidentifying information to the birth parent of an adopted person eighteen years of age or older, a birth sibling age eighteen or older or a birth family member of a deceased birth parent:

(1) An adoptive parent's age at the time of adoption.

(2) An adoptive sibling's age at the time of adoption.

(3) The heritage, ethnic background, religion, educational level and occupation of the adoptive parent.

(4) General information known about the well-being of the adoptee before and after the adoption.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.083 , 5153.166
Rule Amplifies: 3107.083 , 3107.09 , 3107.40 , 3107.41 , 3107.46 , 3107.47 , 3107.60
Prior Effective Dates: 1/14/83, 6/1/85 (Emer.), 8/12/85, 7/1/90, 9/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98, 9/1/03, 9/15/08, 8/17/09

5101:2-48-21 Child study inventory.

(A) A child study inventory (CSI) shall be developed and completed within thirty days after the public children services agency (PCSA) or private child placing agency (PCPA) receives permanent custody of a child.

(B) The CSI shall be reviewed and updated at the time of each semiannual administrative review, adoptive placement and removal from the adoptive placement.

(C) The CSI shall include, at a minimum, the following information, as applicable to the age and circumstances of the child:

(1) A summation of the history of the child's biological family, which shall include, but is not limited to the biological parents' :

(a) Age.

(b) Marital status.

(c) Educational and occupational background.

(d) Ethnic and racial background, religious, and other cultural characteristics.

(e) Talents and hobbies.

(f) Mental and physical disabilities.

(g) Medical conditions such as genetic/inherited diseases, malformations, etc..

(h) Social and medical information on the adoptive child's sibling(s).

(i) Social and medical information on the adoptive child's ancestors.

(2) The child's substitute care placement history, including reasons for the original placement and reasons for subsequent placement moves.

(3) The JFS 01616 "Social and Medical History" (rev. 6/ 2009).

(4) A listing of the child's identified and anticipated special needs, and documentation verifying those special needs.

(5) A summation of the history and background information known about the child which shall include, but is not limited to:

(a) Positive attributes, characteristics or strengths of the child such as friendliness, talents, interests or education achievements.

(b) Physical, intellectual and social development of the child.

(c) Immediate health needs and current medications of the child.

(d) A summary of a psychiatric or psychological evaluation of the child, and/or summary of recommendations of an examination to detect mental and emotional disorders conducted in compliance with the requirements of Chapter 4757. of the Revised Code by a licensed independent social worker, licensed social worker, licensed professional clinical counselor, or licensed professional counselor.

(e) Attachment and bonding of the child to caregivers and siblings.

(f) If the child has been adjudicated a delinquent, a description of the act which resulted in the child being found delinquent and the disposition made by the court in accordance with rule 5101: 2-48-15 of the Administrative Code.

(g) Information on any other violent acts committed by the child which the PCSA or PCPA has knowledge.

(6) Written information describing the types of behavior that the prospective adoptive parent(s) may anticipate from a child who has experienced abuse and neglect, suggested interventions, and the post adoption services available if the child exhibits those types of behavior after adoption.

(7) The signature of the adoptive parent(s) documenting the date the CSI was received and documenting that the parent(s) has read the CSI, discussed it with the agency, and comprehended the information provided.

(8) A completed JFS 01667 "Adoption Information Disclosure" (rev. 9/2003) containing required signatures and documenting the date the adoptive parent(s) received the CSI.

(D) If sufficient information is not available to complete any element of the CSI, the caseworker shall document in the child's case record efforts that were made to secure such information.

(E) Copies of the CSI, prepared pursuant to paragraphs (A), (B) and (C) of this rule, shall be shared with a PCSA, PCPA, or private noncustodial agency (PNA) assisting in the adoptive placement of the child prior to the adoptive placement.

(F) All identifying information regarding the child's birth family shall be removed from the CSI.

(G) The signed CSI and signed JFS 01667 shall be provided to the prospective adoptive parent(s) prior to the adoptive placement.

(H) A signed CSI and a signed JFS 01667 shall be maintained in the child's adoptive case record.

Effective: 10/01/2014
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 2152.72 , 3107.017 , 5153.16
Rule Amplifies: 2152.72 , 3107.017
Prior Effective Dates: 12/30/66, 10/1/86, 7/1/90, 9/1/94, 2/13/98 (Emer.), 5/14/98, 9/1/03, 5/15/09

5101:2-48-22 Adoptive family case record.

(A) The public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) shall prepare and maintain adoptive family case records at the time that an JFS 01691 "Ohio Department of Job and Family Services Application for Child Placement" (rev. 6/2009) is received.

(B) Each adoptive family case record, as applicable to the involvement of the PCSA, PCPA or PNA, shall contain, but not be limited to:

(1) The JFS 01691.

(2) Case notes and dictation concerning adoption services.

(3) A copy of the homestudy report, updated homestudy reports and all documents completed, identified in or collected pursuant to rule 5101:2-48-11 , 5101:2-48-11.1 or 5101:2-48-12 of the Administrative Code; as applicable.

(4) A copy of the JFS 01530, "Multiple Children/Large Family Assessment" (rev. 12/2006) , if applicable.

(5) A copy of all documentation relating to falsification of an adoptive applicant or homestudy if the application or homestudy has been determined to be falisfied.

(6) A copy of the denial or approval notification sent to the applicant regarding the adoptive homestudy or updated adoptive homestudy as required by rule 5101:2-48-11 , 5101:2-48-11.1 or 5101:2-48-12 of the Administrative Code.

(7) If applicable, a copy of the documentation explaining the circumstances of any delay in the commencement of the adoptive homestudy beyond the thirty day requirement in rule 5101:2-48-12 of the Administrative Code.

(8) If applicable, a copy of the documentation explaining the circumstances of any delay in the completion of the adoptive homestudy beyond the one hundred eighty day requirement in rule 5101:2-48-12 of the Administrative Code.

(9) A signed copy of the child study inventory prepared pursuant to rule 5101:2-48-21 of the Administrative Code.

(10) Documentation of information provided to the adoptive family pursuant to rule 5101:2-48-15 of the Administrative Code and the adoptive family's receipt of the information.

(11) A copy of JFS 01654 "Adoptive Placement Agreement" (rev. 10/2001).

(12) A copy of the child's case plan prepared pursuant to rule 5101:2-38-05 of the Administrative Code as appropriate or a copy of the child's case plan prepared pursuant to rule 5101:2-38-07 of the Administrative Code as appropriate.

(13) A copy of the JFS 01699 " ODJFS Prefinalization Adoption Assessment Report" (rev. 12/2006) prepared in accordance with rule 5101:2-48-17 of the Administrative Code.

(14) Documentation regarding the activities surrounding the removal of the child from the adoptive placement, ifapplicable.

(15) Documentation regarding any agency review.

(16) Documentation constituting or referring to a complaint or grievance by the family, if applicable.

(17) Documentation of verbal comments, verbatim, or a detailed description of any other indication made by a prospective adoptive family member living in the household or any other person living in the household, reflecting a negative perspective regarding the race, color or national origin of a child for whom the prospective adoptive family has expressed an interest in adopting. The documentation shall indicate whether those comments were made before or after completion of the cultural diversity training which is required for all prospective adoptive applicants, if applicable.

(18) Documentation regarding the existence of a state adoption subsidy record or Title IV-E adoption assistance record or any subsidy or adoption assistance agreement.

(19) Documentation of education and training activities attended by the adoptive applicant/family.

(20) A copy of the JFS 01689, "Documentation of the Placement Decision Making Process" . (rev. 12/2006).

(21) A copy of the JFS 01609 "Family's Permanency Planning Data Summary" (rev. 02/2005).

(22) A copy of the JFS 01688 "Individualized Child Assessment" (rev. 05/2007) and any report(s) submitted by the licensed professional associated with the JFS 01688, if applicable pursuant to rule 5101:2-48-13 of the Administrative Code.

(23) A copy of the JFS 01690 "Documentation of the Pre-adoptive Staffing and Updates" (rev. 12/2006).

(24) A copy of the notification letter or documentation of the telephone call related to the initiation of an adoption homestudy.

(25) A copy of the notification letter related to the impending placement of an adoptive child.

(C) The agency shall maintain case records in a consistent and organized manner such that required information set forth in this rule can be readily located. When the agency maintains any required information set forth in this rule in a location other than the case record, it shall be stated in the agency policy or noted in the case record where the information can be found.

Effective: 03/01/2010
R.C. 119.032 review dates: 10/13/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 7/1/90, 9/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98, 4/1/99, 9/1/03, 2/1/05, 12/11/06

5101:2-48-23 Preservation of adoptive child case record.

(A) The public children services agency (PCSA) or private child placing agency (PCPA) which has placed a child for adoption and for whom the adoption has been finalized, shall permanently maintain an adoptive child case record.

(B) An adoptive child case record shall contain all papers and records pertaining to the adoption, including:

(1) A copy of the petition to adopt filed in a probate court.

(2) A copy of the child's original birth certificate.

(3) The JFS 01616 "Social and Medical History" (rev. 6/2009) pursuant to rule 5101:2-48-03 of the Administrative Code.

(4) A copy of the JFS 01699 "ODJFS Prefinalization Adoption Assessment Report" (rev. 12/2006) pursuant to rule 5101:2-48-17 of the Administrative Code.

(5) A copy ofthe final decree ofadoption or the interlocutory order ofadoption.

(6) A copy of the child's lifebook pursuant to rule 5101:2-42-67 of the Administrative Code.

(7) A copy ofthe JFS 01689 "Documentation ofthe Placement Decision Making Process" (rev. 5/2007) pursuant to rules 5101:2-48-13 and 5101:2-48-16 of the Administrative Code.

(8) The JFS 01688 "Individualized Child Assessment" (rev. 02/2005) and any reports(s) submitted by the licensed professional associated with the JFS 01688, if applicable pursuant to rule 5101:2-48-13 of the Administrative Code.

(9) A copy ofthe JFS 01610 "Child's Permanency Planning Data Summary" (rev. 02/2005) pursuant to rule 5101:2-48-16 of the Administrative Code.

(10) A copy of all medical or psychological evaluations, school records or other material documented.

(11) A copy of the JFS 01690 "Documentation of the Pre-adoptive Staffing and Updates" (rev. 12/2006).

(C) The agency shall maintain case records in a consistent and organized manner such that the required information set forth in this rule can be readily located. When the agency maintains any required information set forth in this rule in a location other than the case record, it shall be stated in the agency policy or noted in the case record where the information can be found.

(D) Upon the issuance of a final decree of adoption by a probate court or the finalization of an interlocutory order of adoption, the PCSA or PCPA shall mark the adoptive child case record as confidential and permanently secure such record from release or inspection of any information, except under the following conditions:

(1) Consent is given by the probate court.

(2) The PCSA or PCPA needs to examine its own papers, books, and records pertaining to a placement or adoption for official administrative purposes, including examining the records to obtain non-identifying information.

(E) ODJFS may examine its own papers, books and records pertaining to a placement or adoption of a child and ODJFS may inspect the papers, books and records of a PCSA or PCPA for official administrative, certification and eligibility determination purposes once the adoptive child case records have been secured after a final decree of adoption has been issued or an interlocutory order of adoption has been finalized.

(F) If an agency has maintained any of the original documents outlined in paragraph (B) of this rule, the agency shall return the original documents to the PCSA or PCPA that had permanent custody of the child prior to finalization.

(G) The PCSA, PCPA and PNA shall comply with requirements of section 3107.17 of the Revised Code and paragraph (D) of this rule regarding the release of information pertaining to the adoption.

Effective: 03/01/2010
R.C. 119.032 review dates: 10/13/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5153.166
Rule Amplifies: 3107.17
Prior Effective Dates: 12/30/66, 10/1/86, 7/1/90, 9/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98, 12/31/98, 4/1/99, 9/1/03, 2/1/05, 12/11/06

5101:2-48-24 Agency adoption review procedures.

(A) Each public children services agency (PCSA), private child placing agency (PCPA) and private noncustodial agency (PNA) shall develop and implement written procedures to review complaints from adoptive applicants, prospective adoptive families and adoptive families.

(B) The agency review shall occur within thirty days of the receipt of a request for an agency review and shall include a face-to-face meeting with the adoptive applicant, prospective adoptive families and adoptive families requesting an agency review, the adoptive family caseworker and the administrator of the PCSA, PCPA or PNA or his designee.

(C) A written decision, including the reason for the decision, shall be rendered by the administrator of the PCSA, PCPA or PNA or his designee. The decision shall be based upon the evidence presented at the review. A copy of the decision shall be provided to all parties to the agency review within fifteen days of the review.

(D) All documentation related to notification regarding rights to an agency review and written decisions of the agency review required by this rule shall be maintained in the child and family case record.

(E) When an approved adoptive family requests an agency review because the family believes an adoptive placement was denied or will be denied solely on the basis of geographic location, the PCSA or PCPA shall provide the family with notices and copies of all materials related to requesting a state hearing.

(F) For complaints involving alleged discriminatory acts, policies, or practices pertaining to the foster care and adoption process that involve race, color or national origin, the procedures contained in rule 5101:2-33-03 of the Administrative Code supercede the requirements ofthis rule.

(G) Each PCSA, PCPA and PNA shall follow procedures as outlined in rule 5101:2-33-13 of the Administrative Code when an agency determines there may knowingly be falsification on an adoptive application or homestudy.

Effective: 03/01/2010
R.C. 119.032 review dates: 10/13/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 3107.031 , 5103.03
Prior Effective Dates: 7/1/90, 9/1/94, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99, 9/1/03, 2/1/05, 12/11/06

5101:2-48-25 Inter-country adoption data collection.

(A) The following definitions apply to this rule:

(1) Inter-country adoption is a type of adoption in which an individual or couple becomes the legal and permanent parents of a child born in another country.

(2) A "disruption" is the interruption of a placement for adoption during the post-placement period.

(3) A "dissolution" is the termination of the adoptive parent's parental rights after the adoption is finalized.

(B) A public children services agency (PCSA) or private child placing agency (PCPA) shall complete a JFS 01670 "Inter-Country Adoption Data Collection" (rev. 1/2009) for each child who was adopted via inter-country and who entered foster care due to an adoptive placement disruption or an adoption dissolution.

(C) The PCSA or PCPA shall submit the JFS 01670 to the Ohio department of job and family services (ODJFS) within ten days after a disruption of a child's adoption or within ten days after the dissolution of an adoption.

(D) The PCSA or PCPA shall complete a JFS 01670 even if the child is already in foster care when the adoption dissolved.

(E) The PCSA or PCPA shall report a disruption even if the child's plan is reunification with the prospective adoptive parent and the child's stay in foster care is intended to be brief.

(F) The PCSA or PCPA shall not complete a JFS 01670 for a child who enters foster care after a finalized adoption if the adoptive parent's legal rights to the child remain intact.

Effective: 09/01/2014
R.C. 119.032 review dates: 05/28/2014 and 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.166
Prior Effective Dates: 1/11/09