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