Chapter 5101:2-52 Interstate Placement of Children

5101:2-52-02 General requirements applicable to interstate placements of children. [Rescinded].

Rescinded eff 6-1-09

5101:2-52-04 PCSA responsibilities for interstate compact on the placement of children.

(A) The public children services agency (PCSA) director or other designated administrator shall serve as the assistant deputy compact administrator for the agency in carrying out responsibilities involving interstate compact on the placement of children (ICPC). These responsibilities include:

(1) Receiving, reviewing and authorizing all interactions between the PCSA and compact administrators for other states and territories who are requesting services from the PCSA for children in the custody of an out-of-state children services agency.

(2) Reviewing and authorizing all interactions in which the PCSA is requesting services for children in the agency's custody who are being placed out-of-state and/or require supervision by a children services agency of another state or territory.

(3) Entering data into the statewide automated child welfare information system (SACWIS) for all incoming and outgoing ICPC cases to enable the Ohio department of job and family services (ODJFS) to pull data for federal reporting purposes.

(4) Coordinating with ODJFS for technical assistance and assurance of compliance with ICPC requirements.

(B) Visits are exempt from ICPC if all of the following apply:

(1) The intention is to provide the child with a social or cultural experience of a short duration such as a stay in a camp or with a friend or relative.

(2) The party with whom the child is staying is not proposed to assume legal responsibility or serve as a placement resource on a temporary or permanent basis.

(3) No services are being requested of the receiving state during the time of the visit.

(4) The visit has a defined ending date and will not be extended or renewed in a manner which causes the visit to exceed thirty days or a school vacation period.

(C) The PCSA shall not place any child in another state or territory without the approval by the compact or deputy compact administrator of the other state or territory as evidenced by the signed JFS 01661 "Interstate Compact Placement Request (ICPC 100A)" (rev. 6/2009) indicating placement may be made.

(D) If a PCSA is planning to place a child in its custody in another state or territory, the PCSA shall initiate a request by sending the following to the compact or deputy compact administrator of the other state or territory for each placement resource being considered.

(1) Four copies of the JFS 01661 for each child, signed by the assistant deputy compact administrator for the agency.

(2) Two packets containing the following information:

(a) A cover letter clearly identifying the service being requested and the name, office location, and telephone number of the originating supervisor making the request.

(b) A child summary that includes:

(i) All available social, medical, developmental, psychological and educational information.

(ii) The family history of the biological parents. If the request is for a sibling group, family history need not be duplicated for each child.

(iii) The reason for placement in another state.

(c) The case plan prepared pursuant to rule 5101:2-39-08.1 of the Administrative Code for each child.

(d) The child's social security number, birth certificate, and immunization record, if available.

(e) A copy of the most recent court order within the last year.

(f) A copy of a JFS 02424 "ICPC Placement Financial Information Form" (rev. 6/2009) or JFS 01674 "Statement of Assurance" (rev. 8/2006).

(g) If the PCSA is placing a child into a children's residential center and the child is adjudicated delinquent, documentation shall be provided indicating a placement for the child is not available in the PCSA's jurisdiction and the placement is in the best interest of the child and will not produce undue hardship on the child.

(h) If the PCSA is placing a child into an adoptive home, each packet shall include:

(i) Documentation indicating the child is legally free for adoption by submitting the JFS 01666 "Permanent Surrender of a Child" (rev. 6/2006) or a document demonstrating that parental rights have been terminated; and the agency's authority to place the child for adoption.

(ii) The JFS 01695 "Application For Search Of Ohio's Putative Father Registry" (rev. 3/2008).

(iii) Documentation pursuant to rule 5101:2-53-03 of the Administrative Code ensuring the requirements are met regarding the Indian Child Welfare Act(25 USC Chapter 21, 2005).

(iv) The JFS 01616 "Social And Medical History" (rev. 6/2006) for the biological family.

(i) If a court has ordered the priority placement of a child, the PCSA shall include the JFS 01663 "Sending State's Priority Home Study Request" (ICPC 101) (8/2006) with the court order. The court may only order priority placements when both of the following conditions apply:

(i) The proposed placement is a relative in one of the following categories:

(a) Parent.

(b) Step-parent.

(c) Grandparent.

(d) Adult brother or sister.

(e) Adult uncle or aunt.

(f) Legal guardian.

(ii) At least one of the following conditions applies:

(a) The child is under two years of age.

(b) The child is in an emergency shelter.

(c) The child has spent a substantial amount of time in the home of the parent or relative.

(E) Upon approval by the receiving state or territory as evidenced by a signed JFS 01661 indicating that the placement may be made, the PCSA holding custody of the child shall:

(1) Make arrangements for the child to travel to the receiving state.

(2) Submit the JFS 01662 "Interstate Compact Report on Child's Placement Status (ICPC 100B)" (rev. 6/2009) to the compact or deputy compact administrator of the other state within ten business days of the child's placement or within ten business days of determining the placement will not be made. If the JFS 01662 is not submitted within the six month timeframe, the placement for approval will expire.

(3) Maintain financial responsibility for the care, medical care and education of the child and retain jurisdiction of the child until one of the following occurs:

(a) The child is adopted.

(b) The child reaches the age of majority.

(c) The child becomes self-supporting.

(d) The child custody is transferred, with concurrence from the receiving state.

(F) The PCSA shall submit two copies of the JFS 01662 to the compact or deputy compact administrator of the other state within ten business days if any of the following occurs for a child the PCSA has placed:

(1) The placement disrupts.

(2) The child has been discharged from placement.

(3) The adoption has finalized.

(4) The agency's custody has terminated. The other state or territory must concur with custody terminations. A child must have been residing in the placement in the other state in an approved status for a minimum of six months before concurrence can be considered.

(G) Upon notification from the appropriate authority in the receiving state, from the agency supervising the placement, or from the Ohio ICPC office, that a child's return is necessary, the PCSA holding custody of the child shall arrange for the child's return or for an alternative placement. All costs associated with the child's return or alternative placement shall be the responsibility of the PCSA.

(H) If the placement is for a foreign born child being placed across state lines subsequent to the child's arrival to the United States, the original documentation and a certified translation of all legal documents verifying the child's birth and the agency's or adoptive parent's authority to place the child shall be included.

(I) For all interstate placements, the PCSA shall continue to follow:

(1) Case planning requirements pursuant to rules 5101:2-39-08 and 5101:2-39-08.1 of the Administrative Code or rules 5101:2-38-01 and 5101:2-38-05 of the Administrative Code, if applicable.

(2) Semiannual administrative reviews pursuant to rule 5101:2-42-43 of the Administrative Code or rule 5101:2-38-10 of the Administrative Code, if applicable.

(3) Visitation requirements pursuant to rule 5101:2-42-65 of the Administrative Code.

(J) If a PCSA receives a request from the compact or deputy compact administrator of another state or territory to conduct a home assessment for an Ohio placement resource, the PCSA shall:

(1) Record the information into SACWIS pursuant to rule 5101:2-36-01 of the Administrative Code.

(2) Prepare the home assessment in accordance with the administrative rule governing the placement resource being considered.

(a) A foster home shall be evaluated pursuant to Chapter 5101:2-7 of the Administrative Code.

(b) An adoptive home shall be evaluated pursuant to rule 5101:2-48-12 of the Administrative Code.

(c) A relative or non-relative kin home shall be evaluated pursuant to rule 5101:2-42-18 of the Administrative Code unless the sending state requires the relative or non-relative kin to be certified as a foster home.

(3) Submit two packets containing the results of the home assessment to the compact or deputy compact administrator of the other state within sixty days from the date in which the PCSA received the request. Each packet shall contain the following information:

(a) The home assessment narrative.

(b) A written statement that assures:

(i) The prospective caregivers were provided all available information about the child.

(ii) The agency's recommendation of the approval or denial of the placement resource is based on the caregivers' ability and willingness to care for the specific child proposed for placement.

(iii) A signed form from the other state or territory, equivalent to the JFS 01661, approving or denying the placement of the child.

(iv) All required attachments to the narrative in accordance with the rule for the type of home that is the subject of the assessment, such as copies of criminal background checks, references, etc.

(4) If an initial home assessment cannot be completed and a recommendation made within sixty days, send written notice of the delay to the compact or deputy compact administrator of the other state or territory prior to the expiration of the sixty day period. Delays of initial home assessments can result in federal financial sanctions to state and/or receiving agencies found out of compliance.

(K) If a court in the other state or territory has ordered the placement of the child to be a priority, the PCSA shall conduct the home assessment and submit the requested packets outlined in paragraph (J) of this rule to the compact or deputy compact administrator of the other state or territory within twenty business days from the date the overnight mailing was received. The court may only order priority placements if conditions referenced in paragraph (D)(2)(i) of this rule apply.

(L) If a PCSA has been requested to provide supervision for a placement the PCSA has approved as indicated by the signed form from the other state or territory, equivalent to the JFS 01661, the PCSA shall:

(1) Begin providing supervision and submit supervisory reports as requested by the compact or deputy compact administrator of the other state or territory.

(2) Notify the compact or deputy compact administrator of the other state or territory if the child's placement disrupts and there is a need to make immediate plans for the child's return to the sending state or for an alternative placement.

(M) The PCSA shall maintain information in SACWIS or other information system regarding services it requests and provides on behalf of children being considered for placement or placed across state lines to enable ODJFS to comply with federal reporting requirements related to interstate requests and placements.

Replaces: 5101:2-52-02, 5101:2-52-04

Effective: 06/01/2009
R.C. 119.032 review dates: 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.23 (Sec. 5 of Am. Sub. H.B. 214 (2008))
Rule Amplifies: 2151.39 , 5103.23 (Sec. 5 of Am. Sub. H.B. 214 (2008))
Prior Effective Dates: 1/14/83, 7/1/90, 2/13/98 (Emer.), 5/14/98, 2/15/02, 08/18/03, 10/20/06.

5101:2-52-06 Responsibilities applicable to interstate placement of children when a PCPA, PNA or court is the sending or receiving agency.

(A) The Ohio interstate compact on the placement of children (ICPC) office within the Ohio department of job and family services (ODJFS) shall serve as the central approving authority for all requests for services related to the placement of children into or outside of Ohio by private child placing agencies (PCPA), private noncustodial agencies (PNA) and courts.

(B) The PCPA, PNA or court shall not place any child in another state or territory without the approval of the Ohio ICPC office and the compact or deputy compact administrator of the other state or territory as evidenced by the signed JFS 01661 "Interstate Compact Placement Request (ICPC 100A)" (rev. 6/2009) indicating placement may be made.

(C) If an Ohio PCPA, PNA or court is planning the placement of a child into another state or territory, the PCPA, PNA or court shall send the following to the Ohio ICPC office for each placement resource being requested:

(1) Five copies of the JFS 01661.

(2) Three packets containing the following information:

(a) A cover letter clearly identifying the service being requested and the name, office location, and telephone number of the originating supervisor making the request.

(b) A child summary that includes:

(i) All available social, medical, developmental, psychological and educational information.

(ii) The family history of the biological parents. If the request is for a sibling group, family history need not be duplicated for each child.

(iii) The reason for placement in another state.

(c) The case plan prepared pursuant to rule 5101:2-39-08.1 of the Administrative Code for each child.

(d) The child's social security number, birth certificate, and immunization record, if available.

(e) A copy of the most recent court order within the last year.

(f) A copy of a JFS 02424 "ICPC Placement Financial Information Form" (rev. 6/2009) or JFS 01674 "Statement of Assurance" (rev. 8/2006).

(g) If the child is being placed into a children's residential center and is adjudicated delinquent, documentation shall be provided indicating a placement for the child is not available in the PCPA's jurisdiction and the placement is in the best interest of the child and will not produce undue hardship on the child.

(h) If the PCPA, PNA or court is placing a child into an adoptive home, each packet shall include:

(i) Documentation indicating the child is legally free for adoption by submitting the JFS 01666 "Permanent Surrender of a Child" (rev. 6/2006) or a document demonstrating that parental rights have been terminated; and the agency's authority to place the child for adoption.

(ii) The JFS 01695 "Application For Search Of Ohio's Putative Father Registry" (rev. 3/2008).

(iii) Documentation pursuant to rule 5101:2-53-03 of the Administrative Code ensuring the requirements are met regarding the Indian Child Welfare Act(25 USC Chapter 21, 2005).

(iv) The JFS 01616 "Social And Medical History" (rev. 6/2006) for the biological family.

(i) If a court has ordered the priority placement of a child, the PCSA shall include the JFS 01663 "Sending State's Priority Home Study Request" (ICPC 101) (8/2006) with the court order. The court may only order priority placements if both of the following conditions apply:

(i) The proposed placement is a relative in one of the following categories:

(a) Parent.

(b) Step-parent.

(c) Grandparent.

(d) Adult brother or sister.

(e) Adult uncle or aunt.

(f) Legal guardian.

(ii) At least one of the following conditions applies:

(a) The child is under two years of age.

(b) The child is in an emergency shelter.

(c) The child has spent a substantial amount of time in the home of the parent or relative.

(D) Upon approval by the receiving state or territory as evidenced by a signed JFS 01661 indicating that the placement may be made, the PCPA, PNA or Ohio court shall:

(1) Make arrangements for the child to travel to the receiving state.

(2) Submit the JFS 01662 "Interstate Compact Report on Child's Placement Status (ICPC 100B)" (rev. 6/2009) to the Ohio ICPC office within ten business days of the child's placement or within ten business days of determining the placement will not be made. If the JFS 01662 is not submitted within the six month timeframe, the placement for approval will expire.

(3) Maintain financial responsibility for the care, medical care and education and retain jurisdiction of the child throughout the duration of placement until one of the following occurs:

(a) The child is adopted.

(b) The child reaches the age of majority.

(c) The child becomes self-supporting.

(d) The child custody is transferred with concurrence from the receiving state.

(E) The PCPA, PNA or court shall submit two copies of the JFS 01662 to the Ohio ICPC office within ten business days of when any of the following occurs for a child the PCPA, PNA or court has placed:

(1) The placement disrupts.

(2) The child has been discharged from placement.

(3) The adoption has finalized.

(4) The agency's custody has terminated. The other state must concur with custody terminations. A child must have resided in the placement in the other state in an approved status for a minimum of six months before concurrence can be considered.

(F) Upon notification from the appropriate authority in the receiving state, from the agency supervising the placement, or from Ohio ICPC office, that a child's return is necessary, the PCPA, PNA or Ohio court shall arrange for the child's return or for an alternative placement. All costs associated with the child's return or alternative placement shall be the responsibility of the Ohio sending agency.

(G) If the placement is for a foreign born child being placed across state lines subsequent to the child's arrival to the United States, the original documentation and a certified translation of all legal documents verifying the child's birth and the agency's or adoptive parent's authority to place the child shall be included.

(H) For all interstate placements, the PCPA or PNA shall continue to follow:

(1) Case planning requirements pursuant to rules 5101:2-39-08 and 5101:2-39-08.1 of the Administrative Code or rules 5101:2-38-01 and 5101:2-38-05 of the Administrative Code, if applicable.

(2) Semiannual administrative reviews pursuant to rule 5101:2-42-43 of the Administrative Code or rule 5101:2-38-10 of the Administrative Code, if applicable.

(3) Visitation requirements pursuant to rule 5101:2-42-65 of the Administrative Code.

(I) If a PCPA or PNA receives a request from the Ohio ICPC office for the evaluation of an Ohio placement resource, the PCPA or PNA shall:

(1) Prepare the home assessment in accordance with the administrative rule governing the placement resource being considered.

(a) A foster home shall be evaluated pursuant to Chapter 5101:2-7 of the Administrative Code.

(b) An adoptive home shall be evaluated pursuant to rule 5101:2-48-12 of the Administrative Code.

(c) A relative or non-relative kin home shall be evaluated pursuant to rule 5101:2-42-18 of the Administrative Code unless the sending state requires the relative or non-relative kin to be certified as a foster home.

(2) Submit two packets containing the results of the home assessment to the Ohio ICPC office within thirty days of receipt of an evaluation request from the Ohio ICPC office. Each packet shall contain the following information:

(a) The home assessment narrative.

(b) A written statement that assures:

(i) The prospective caregivers were provided all available information about the child.

(ii) The agency's recommendation of the approval or denial of the placement resource is based on the caregivers' ability and willingness to care for the specific child proposed for placement.

(iii) A signed form from the other state or territory, equivalent to the JFS 01661, recommending approval or denial of the placement of the child.

(iv) All required attachments to the narrative in accordance with the rule for the type of home that is the subject of the assessment, such as copies of criminal background checks, references, etc.

(3) If a homestudy can not be completed and a recommendation made within thirty business days, notification of the delay shall be sent to the Ohio ICPC office prior to the expiration of the thirty day period so that the sending state may be notified.

(J) Upon receipt of a request from the Ohio ICPC office of a court ordered priority placement from another state or territory, the PCPA or PNA shall complete the evaluation, make its recommendation and fax these materials with all attachments to the Ohio ICPC office as soon as possible but no later than eighteen business days of the Ohio ICPC's office fax or the date the overnight transmission was signed as received by the PCPA or PNA. The court may only order priority placements if conditions referenced in paragraph (C)(2)(i) of this rule apply.

(K) If the Ohio ICPC office approves the placement of a child for whom the PCPA or PNA has an agreement to provide supervision, the PCPA or PNA shall:

(1) Begin providing supervision and submit supervisory reports to the Ohio ICPC office as requested by the sending agency.

(2) Notify the sending agency and the Ohio ICPC office if the child's placement disrupts and there is a need to make immediate plans for the child's return to the sending state or for an alternative placement.

Replaces: 5101:2-52-02, 5101:2-52-06

Effective: 06/01/2009
R.C. 119.032 review dates: 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 5103.23 (Sec. 5 of Am. Sub. H.B. 214 (2008))
Rule Amplifies: 2151.39 , 5103.23 (Sec. 5 of Am. Sub. H.B. 214 (2008))
Prior Effective Dates: 1/14/83, 7/1/90, 2/13/98 (Emer.), 5/14/98, 2/15/02, 8/18/03, 10/20/06

5101:2-52-08 Interstate placement requirements for Ohio parents or legal guardians when placing their child into another state or territory.

(A) When an Ohio parent or legal guardian plans to place his or her child into another state or territory for a placement , the parent or guardian shall notify the Ohio "Interstate Compact on the Placement of Children" (ICPC) office of the need to obtain an evaluation of a placement resource and the receiving state's authorization to place the child.

(B) The following situations are exempt from ICPC:

(1) The Ohio parent or legal guardian has the full legal right to plan for the child as established by law, those legal rights have not been terminated or limited by the court, and the Ohio parent or legal guardian is placing the child with another parent, step-parent, grandparent, adult brother, adult sister, adult aunt, adult uncle or guardian of the child.

(2) The Ohio parent or legal guardian is placing the child into a medical or mental health facility for short-term acute treatment.

(3) The Ohio parent or legal guardian is placing the child into a boarding school or any institution primarily educational in nature.

(4) The Ohio parent or legal guardian is placing the child out of state for a visit and the purpose of the visit is to provide the child with a social/cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for providing daily care of the child. Situations in which the intention is to place the child either on a temporary or permanent basis and for which a homestudy or supervision is being requested, do not meet the requirements of a visit and are therefore not exempt from ICPC. The following are additional criteria for a visit:

(a) A visit shall have a defined ending date.

(b) A visit shall not be extended or renewed in a manner which causes the visit to exceed thirty days or the school vacation period.

(C) To initiate an interstate placement of an Ohio child into a children's residential center, the parent or legal guardian shall send the following documents to the Ohio ICPC office:

(1) Five copies of the JFS 01661 "Interstate Compact Placement Request." (rev. 6/2009). Section 1 of the form shall identify the parent or legal guardian as the person having financial and planning responsibilities for the child. Section 3 of the form shall indicate that monthly supervisory reports are requested.

(2) Three copies of a cover letter identifying the parent or guardian and the placement resource including name, address, and telephone number, the reason for the placement and the services requested.

(3) Three copies of a child summary, including all available social, medical, developmental, psychological and educational information for the child, and the family history of the biological parents.

(4) Three copies of documentation verifying the person's legal authority to place the child (i.e., child's birth verification or guardianship order). If placement is being requested by only one parent, documentation supporting the other parent's consent shall also be provided.

(5) Original and two copies of a notarized JFS 01674 "Statement Of Assurance" (rev. 08/2006) completed and signed by the person identified on the JFS 01661 as being financially responsible.

(D) To initiate an interstate placement of an Ohio child for the purpose of adoption, the parent or legal guardian shall be represented by an adoption agency or private attorney. The adoption agency or private attorney shall send the following documents to the Ohio ICPC office:

(1) Five copies of the JFS 01661. Section 1 of the form shall identify the parent or legal guardian as the person having financial and planning responsibilities for the child. Section 3 of the form shall indicate that monthly supervisory reports are requested.

(2) Three copies of a cover letter identifying the parent or legal guardian, service being requested, the name, office location and telephone number of the originating agency supervisor or attorney making the request, and the placement resource including name, address, and telephone number, the reason for the placement and the services requested.

(3) Three copies of a child summary, including reason for placement in another state, all available social, medical, developmental, psychological and educational information for the child, and the family history of the biological parents.

(4) Three copies of documentation verifying the person's legal authority to place the child (i.e., child's birth verification or court ordered guardianship). If placement is being requested by only one parent, documentation supporting the other parent's consent or the JFS 01695 "Application For Search Of Ohio's Putative Father Registry." (rev. 3/2008) shall be submitted.

(5) Original and two copies of a notarized JFS 01674 completed and signed by the person identified on the JFS 01661 as being financially responsible.

(6) Three copies of the court order documenting parental consent to adoption pursuant to section 5103.16 of the Revised Code.

(7) Three copies of the JFS 01693 "Ohio Law And Adoption Materials" (rev. 5/2009).

(8) The child's social security number, birth certificate, and immunization record, if available.

(9) The JFS 01616 "Social and Medical History" rev. (6/2009) for the biological family.

(10) Documentation pursuant to rule 5101:2-53-03 of the Administrative Code ensuring the requirements are met regarding the Indian Child Welfare Act(25 USC Chapter 21, 2005).

(E) When a parent or legal guardian places a child into another state or territory through the Ohio ICPC office, the parent or legal guardian shall:

(1) Make arrangements for the child to travel to the receiving state or territory.

(2) Maintain financial responsibility for the care, medical care and education of the child throughout the duration of placement.

(3) Retain jurisdiction of the child until one of the following occurs:

(a) The child is adopted.

(b) The child reaches the age of majority.

(c) The child becomes self-supporting.

(d) The child's custody is transferred with concurrence from the receiving state.

Effective: 06/01/2010
R.C. 119.032 review dates: 10/01/2011
Promulgated Under: 119.03
Statutory Authority: 5103.20 , 5103.21
Rule Amplifies: 2151.39 , 5103.20
Prior Effective Dates: 1/14/83, 7/1/90, 2/15/02, 10/20/06