5101:2-5-30 Foster care amendments.

(A) The PCSA, PCPA, PNA or court shall ensure that employees or persons under contract with the agency to perform assessor duties comply with the following requirements.

(1) The assessor definition in rule 5101:2-1-01 of the Administrative Code.

(2) Rule 5101:2-48-06 of the Administrative Code.

(3) Section 3107.014 of the Revised Code.

(B) If the agency is notified of any of the following changes for the foster caregiver, the agency shall amend the homestudy:

(1) A change in the marital status of the foster caregiver(s).

(2) The death of a foster caregiver or household member.

(3) A change in household members, not including foster children.

(4) A change of address for the foster family that is different than the address listed on the foster home certificate.

(C) An amendment is a narrative of the assessor's evaluation of the change that has occurred in the foster home. The agency shall document the date of notification in the amendment.

(1) The amendment shall be completed within thirty days of the date of the change, or within thirty days of the date the agency became aware a change occurred if notification did not occur pursuant to rule 5101:2-7-14 of the Administrative Code.

(2) If the change is to add a foster caregiver to the certificate, the amendment shall not be completed until the preplacement training has been completed pursuant to rule 5101:2-5-33 of the Administrative Code.

(3) In completing the amendment, the agency shall, if necessary, redetermine the specific number, age, and gender of children the family is approved to foster. The amendment shall address sleeping arrangements, beds and bedrooms, and shall evaluate whether the foster family remains in compliance with all applicable requirements.

(4) The amendment shall be completed in the statewide automated child welfare information system (SACWIS) if the agency has access to the system.

(5) An agency that does not have access to SACWIS shall document the amendment in the caregiver record. The agency may do this by completing the applicable sections of the JFS 1385 "Assessment for Child Placement Update" (rev. 12/2014) in addition to completing the applicable requirements identified in this rule. At the completion of the amendment, an agency that does not have access to SACWIS shall submit a JFS 01317 "Recommendation for Certification/Recertification of a Foster Home" (rev. 1/2003) to the Ohio department of job and family services (ODJFS) to recommend any amendment causing a change on the face of the foster home certificate. The agency shall submit a JFS 01318 "SACWIS Private Agency Provider Request" (rev. 12/2014) to ODJFS for any change in household occupancy so that information in the SACWIS provider record may be updated.

(D) If the amendment is due to a new household member, the agency shall ensure the following:

(1) New household members residing with the foster caregiver shall have a JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009) completed documenting they are free from any physical, emotional or mental condition which would endanger children or seriously impair the ability of the household member to care for the child placed in the home.

(a) If the new occupant is an adopted child who immediately prior to the adoption resided in the home as a foster child, a JFS 01653 is not required.

(b) The JFS 01653 shall be dated within ninety days of the date the person becomes a household member.

(c) If the agency was not notified of the new household member in accordance with rule 5101:2-7-14 of the Administrative Code, the JFS 01653 shall be dated within ninety days of the date the agency became aware of the new household member.

(2) New adult household members residing with the foster caregiver shall have a bureau of criminal investigation (BCI) and federal bureau of investigation (FBI) records check, as outlined in rule 5101:2-5-09.1 of the Administrative Code.

(a) The criminal records checks shall be conducted within ten working days of the date the person becomes a household member.

(b) If the agency was not notified of the new household member in accordance with rule 5101:2-7-14 of the Administrative Code, the criminal records checks shall be conducted within ten working days of the date the agency became aware of the new household member.

(3) New adult household members shall provide the name of any agency they have applied to or had a homestudy approved for foster care or adoption, or any organization they have worked with in providing care and supervision of children. The new adult household member shall complete a written and signed release of information so that any such reference may be contacted.

(4) If the agency has the ability to complete the search in SACWIS, the agency shall complete an alleged perpretrator search of abuse and neglect report history through the system for the new adult household member within ten working days of the date the person becomes a 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 the new adult household member within ten working days of the date the person became a household member. If the agency was not notified of the new household member pursuant to rule 5101:2-7-14 of the Administrative Code, then the agency shall complete these requirements within ten working days of the date the agency became aware of the new household member.

(a) A report with the results of the search shall be placed in the foster caregiver record.

(b) This report is used to determine the continued suitability of the foster family.

(5) The agency shall request a check of the child abuse and neglect registry of any other state the new adult household member has resided in for the five years immediately prior to the date of the criminal records check for the new household member, as required by division (A) of section 2151.86 of the Revised Code.

(6) If the new household member is the co-parent or spouse of the foster caregiver and shall therefore be added to the certificate, the agency shall ensure the following is completed in addition to the requirements listed in paragraph (D) of this rule:

(a) The agency shall contact all adult children of the new co-parent or spouse for a reference. If the adult children are unable or unwilling to provide a reference this shall be assessed during the amendment process and documented in the amendment.

(b) If the person has not previously completed the preservice training, the agency shall ensure the co-parent or spouse completes the preplacement training required pursuant to rule 5101:2-5-33 of the Administrative Code no later than one hundred eighty days after becoming a household member. The co-parent or spouse shall not be added to the foster care certificate until the training has been completed.

(c) Once the co-parent or spouse is added to the certificate, the required continuing training hours shall be prorated from the date the co-parent or spouse is added to the foster care certificate through the expiration of the current certification span.

(E) If the amendment is due to a change of address of the foster home, the agency shall ensure the following:

(1) The agency shall conduct a safety audit documenting the new residence satisfactorily meets all safety standards.

(a) The safety audit shall be completed on the JFS 01348 "Safety Audit" (rev.12/2014).

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

(c) If the agency was not notified of the change of address pursuant to rule 5101:2-7-14 of the Administrative Code, the agency shall conduct the safety audit within ten working days of the date they became aware of the change of address.

(2) The agency shall require the foster caregiver to obtain a fire safety inspection certifying the new residence is free from conditions hazardous to the safety of a foster child.

(a) The fire safety inspection shall be completed on the JFS 01200 "Fire Inspection Report For Residential Facilities Certified by ODJFS" (rev. 2/2015) or other form used for a local or state fire inspection.

(b) The fire safety inspection shall be requested prior to or within thirty days of the date of the change of address. If the agency was not notified of the change of address pursuant to rule 5101:2-7-14 of the Administrative Code, then the fire safety inspection shall be requested within thirty days of the date the agency became aware of the change of address.

(c) The fire safety inspection shall be conducted prior to or within ninety days of the date of the change of address. If the agency was not notified of the change of address pursuant to rule 5101:2-7-14 of the Administrative Code, then the fire safety inspection shall be conducted within ninety days of the date the agency became aware of the change of address.

Replaces: 5101:2-5-30

Effective: 11/1/2015
Five Year Review (FYR) Dates: 11/01/2020
Promulgated Under: 119.03
Statutory Authority: 5103.03, 3107.033
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 2/1/88, 7/2/90 (Emer.), 10/1/90, 1/1/91, 9/18/96, 7/1/00, 1/1/03, 12/11/06, 7/1/09