This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:2-48-02 | Putative father registry.
Effective:
February 1, 2021
(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 public children services
agency (PCSA) or private child placing agency (PCPA), the PCSA or PCPA shall
provide the JFS 01694 "Ohio Putative Father Registry Registration for
Fathers" and the JFS 01694I "Instructions for Completing JFS
01694" to the putative father or refer the putative father to the ODJFS
putative father registry website, https://pfr-pub.jfs.ohio.gov/. (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 fifteen days following the birth of the child. (E) An attorney arranging an adoption, a mother, a PCSA, a PCPA,
or a private noncustodial agency (PNA) may request a search of the OPFR by
completing the JFS 01695 "Application for Search of Ohio Putative Father
Registry" 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://pfr-pub.jfs.ohio.gov/. (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. A final search of the OPFR shall be
made no sooner than sixteen days after the birth of the child. (G) Any party referenced in paragraph (E)
of this rule 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 agency or attorney 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 agency or attorney 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.
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Rule 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." (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" 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" 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.
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Rule 5101:2-48-05 | Agency adoption policy and recruitment plan.
Effective:
October 15, 2022
(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) If the agency requires additional assessment activities not
specified in Chapter 5101:2-48 of the Administrative Code, then the agency
shall include a description of those activities in their policy and require
them of all adoptive applicants and approved adoptive parents. (g) The requirement that an assessor shall complete the JFS 01530
"Large Family Assessment" if: (i) A family has a total
of five or more children residing in the home at the time of the homestudy,
including foster children and children in kinship care, or; (ii) A family will have a
total of five or more children residing in the home based upon the number of
children residing in the home at the time of the homestudy, including foster
children and children in kinship care and the number of children the family
will be approved to adopt. (h) The requirement that an assessor shall complete a new JFS
01530 at the time of the update if the family circumstances have changed
substantially or if a JFS 01530 was not completed at the time of the homestudy
but is required at the time of the update. (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. (d) The requirements that the PCSA or PCPA shall notify the
foster or kinship caregiver if the PCSA or PCPA seeks permanent custody of a
child placed with the caregiver and if a child placed with the caregiver
becomes available for adoption. The notification shall also be given to the
recommending agency when the custodial agency is different than the
recommending agency. The notification shall be consistent with the requirements
contained in section 5103.161 of the Revised Code. (4) A procedure to
provide access to approved adoption homestudies and other related documents to
a PCSA or PCPA 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) A statement that the
requirements contained in rule 5101:2-33-03 of the Administrative Code
supersede the requirements of rule 5101:2-48-24 of the Administrative Code when
the grievance or complaint involve alleged discriminatory acts, policies, or
practices pertaining to the foster care and adoption process that involve race,
color or national origin (RCNO). (8) A requirement that
the child's custodial agency 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) The following procedures as outlined
in rule 5101:2-48-16 of the Administrative Code: (a) Matching procedures as outlined in paragraph (V) of rule
5101:2-48-16 of the Administrative Code. (b) When subsequent matching conferences are not required as
outlined in paragraph (Y) of rule 5101:2-48-16 of the Administrative
Code. (10) A non-discriminatory policy on
determining the approved adoptive parents 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 preference to keep siblings together if it is in their
best interest. (b) The level of experience the family has in working with
children who have the specific behavior, medical or mental health challenges
that a specific child presents. (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 process according to rule
5101:2-33-13 of the Administrative Code. (14) A description of all state and
federal adoption and post adoption assistance, including: (a) Eligibility requirements of each program. (b) Application requirements of each program. (c) Availability of and process for requesting mediation, as
described in rule 5101:2-49-05 of the Administrative Code. (d) Availability of and process for requesting a state hearing,
as described in section 5101.35 of the Revised Code and in accordance with
division 5101:6 of the Administrative Code. (15) Schedule of fees for service, if
applicable. (16) Religious affiliation requirements,
if applicable. (17) Provision of prefinalization and
postfinalization services. (18) The complaint process pursuant to
rule 5101:2-33-03 of the Administrative Code. (C) Standards of conduct regarding the
Multiethnic Placement Act, Oct. 20, 1994, P.L. 103-382, as amended by Section
1808 of the Small Business Job Protection Act of 1996, Aug. 20, 1996, P.L.
104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI), as they apply to
the adoption process, which do not supersede the provisions of the Indian Child
Welfare Act of 1978, Nov. 8, 1978, P.L. 95-608, 25 U.S.C. sections
1901-1963. (D) The agency may prepare a summary of
its adoption policy to respond to inquiries 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), pursuant to rule 5101:2-33-03 of
the Administrative Code. (2) The JFS 01611
"Non-discrimination Requirements for Foster Care and Adoptive
Placements," 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 maintain
its written policies to reflect requirements contained in the Administrative
Code. When an agency revises a policy, the revision shall be submitted to ODJFS
within ninety days of the change. If a change in the Administrative Code or the
Revised Code requires the agency policy to change, the agency shall submit the
affected policy to ODJFS within ninety days of the effective date of the change
in Administrative Code or Revised Code. (F) 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. (G) The PCSA, PCPA or PNA shall develop, maintain 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. The plan shall be signed by the
agency director or designee. (H) If the PCSA, PCPA, or PNA amends its recruitment plan at any
time the agency shall submit the amended recruitment plan to ODJFS within
ninety days following the amendment. (I) 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 applicants and 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). (J) 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 utilize when
child specific recruitment is warranted, pursuant to rule 5101:2-48-16 of the
Administrative Code. (K) 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. (L) An agency shall ensure that employees and contractors
performing work related to the functions listed in rule 5101:2-5-03 of the
Administrative Code shall implement all current written policies of the agency
related to those functions and that all activities and programs related to
those functions occur in accordance with agency policies. (M) All policies required by this chapter shall be provided to
any person affected by the policy. Any policy required by this chapter shall be
provided to any person upon request. (N) If ODJFS determines an agency's
adoption policy, policy revisions or recruitment plan are noncompliant, the
agency shall accept technical assistance from ODJFS until such time that the
policy or recruitment plan is in compliance.
Last updated October 17, 2022 at 8:43 AM
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Rule 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" which shall be filed with the
court. (6) Completes the JFS
01673 "Assessment for Child Placement." (7) Completes the JFS
01385 "Assessment for Child Placement Update." (8) Completes the JFS
01692 "Application for Adoption of a Foster Child." (9) Completes the JFS
01530 "Multiple Children/Large Family Assessment." (10) Completes the JFS 01699 "ODJFS
Prefinalization Adoption Assessment Form." (11) Completes the JFS
01673-A "Child Characteristics Checklist For Foster Care and/or
Adoption." (12) Completes the JFS
01698 "Step-Parent Adoption Homestudy." (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." (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.
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Rule 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) If the inquirer resides in Ohio, the PCSA, PCPA or PNA shall
provide the following to the inquirer within seven business days of the
inquiry: (1) A copy of the JFS
01675 "Ohio Adoption Guide: Handbook for Prospective Adoptive
Families" or the link to access the guide electronically. The link for the
state foster care and adoption website,
www.FosterAndAdopt.jfs.ohio.gov. (2) Instructions on how to get an
application for adoption. (3) 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. (C) 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, or the link to access the guide electronically. If the family has
identified a child they are interested in, the family should be given the
contact information to the custodial agency. This information shall be provided
to the inquirer within seven business days of the inquiry. (D) 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, or the link to access the guide electronically. 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 child. This
information shall be provided to the inquirer within seven business days of the
inquiry. (E) 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
resides in an Ohio county that the PCSA, PCPA or PNA does not serve, a referral
shall include, at a minimum, the name, address and contact information of the
PCSA in the county of the inquirer's residence. This information shall be
given to the inquirer within seven business days of the inquiry. (F) If the agency has appropriate access
to the statewide automated child welfare information system (SACWIS), the
agency shall maintain any requirement of this rule in SACWIS if the system has
the ability to record the required information.
Last updated May 2, 2022 at 8:50 AM
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Rule 5101:2-48-09 | Application process and preservice training.
Effective:
February 1, 2022
(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 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" 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
applicant(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." (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 approve an adoption homestudy if the
applicant or any adult member of the household has been convicted of any crime
listed in appendix A to rule 5101:2-7-02 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) The national sex offender registry is
located at http://www.nsopw.gov/. A national sex offender registry check is to
be completed: (1) For the adoptive
applicant and each adult who resides with the adoptive applicant. The results
are to be reviewed prior to the agency's approval of the adoption
homestudy. The application may be denied based solely on the results of the
search. (2) For an approved
adoptive applicant and each adult who resides with the adoptive applicant prior
to the adoption homestudy update. The adoption homestudy update may be denied
solely on the results of the search. (J) A summary report of the results of each search shall be
placed in the adoptive home record. (K) 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. (L) 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. (M) Upon request, the PCSA, PCPA or PNA shall assist the
applicant in completing the application and securing all required documents and
information. (N) 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." 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. (O) 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) Cultural issues including cultural
diversity training and an overview of the Multiethnic Placement Act, Oct. 20,
1994, P.L. 103-382, as amended by Section 1808 of the Small Business Job
Protection Act of 1996, Aug. 20, 1996, P.L. 104-188 (MEPA), and the Civil
Rights Act of 1964 (Title VI), as it applies to the foster care and adoption
process. (10) 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. (P) 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. When a waiver has been granted by the agency, it shall document the
waiver in the case record. (Q) No agency shall deny the acceptance of the JFS 01691 based on
race, color, national origin, disability, age, gender, gender identity, or
sexual orientation of the applicant.
Last updated February 1, 2022 at 8:44 AM
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Rule 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 investigation (BCI) 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 BCI 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) A PCSA, PCPA or PNA shall not approve
an adoptive placement if the results of the BCI 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 offense listed in appendix A to rule 5101:2-7-02 of the
Administrative Code. (D) Rehabilitative criteria for adoptive
applicants and all other adult household members: unless specifically
disqualified in appendix A to rule 5101:2-7-02 of the Administrative Code, no
person who has been convicted of or pleaded guilty to an offense listed in
appendix A to rule 5101:2-7-02 of the Administrative Code 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) The victim of the offense was not a
person under the age of eighteen. (2) 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 appendix A to rule 5101:2-7-02
of the Administrative Code 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 appendix A to rule
5101:2-7-02 of the Administrative Code, if the felony bears a direct and
substantial relationship to being an adoptive parent or adult member of the
adoptive parent's household. (l) The victim of the offense was: (i) A functionally
impaired person as defined in section 2903.10 of the Revised Code. (ii) A developmentally
disabled person as defined in section 5123.01 of the Revised Code. (iii) A person with a
mental illness as defined in section 5122.01 of the Revised Code. (iv) A person sixty years
of age or older. (m) 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 appendix A to rule 5101:2-7-02 of the Administrative
Code 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 BCI 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) 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.
Last updated April 8, 2021 at 1:25 PM
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Rule 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" 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." (b) JFS 01349, "Foster Home Homestudy" or the JFS
01673, "Assessment for Child Placement (Homestudy),", the JFS 01673-A
"Child Characteristics Checklist for Foster Care and/or Adoption" and
the JFS 01530 "Multiple Children/Large Family Assessment," as
applicable. (c) All JFS 01385 "Assessment for Child Placement
Update" 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 investigation (BCI) and
federal bureau of investigation (FBI) reports as outlined in rule 5101:2-48-10
of the Administrative Code. (i) The national sex
offender registry is located at https://www.nsopw.gov/. In accordance with rule
5101:2-5-09.1 of the Administrative Code, a national sex offender registry
check is to be completed for the adoptive applicant and each adult who resides
with the adoptive applicant. The results are to be reviewed prior to the
agency's approval of the adoption homestudy. The application may be denied
based solely on the results of the search. (j) 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. (k) 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.
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Rule 5101:2-48-11.1 | Foster caregiver adoption of a foster child or sibling group 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 or sibling group 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 or Sibling Group." The JFS 01692 is a child
specific application and expires once the foster child or sibling group is
adopted as evidenced by a final decree of adoption or interlocutory
decree. (B) A completed JFS 01692, with
supporting documentation, serves as a shortened homestudy, replacing the JFS
01691, "Application for Child Placement" and the JFS 01673
"Assessment for Child Placement (Homestudy)" required by rule
5101:2-48-12 of the Administrative Code. (C) The assessor shall complete the JFS
01530 "Large Family Assessment" prior to the approval of the JFS
01692 if the foster family has a total of five or more children residing in the
home, including the foster children and any children in kinship
care. (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, or any document submitted throughout the homestudy
process contains a false statement, the agency 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, homestudy,
or any document submitted through the homestudy process contains a false
statement knowingly made by the applicant(s). (G) Upon receipt of a JFS 01692 from the foster caregiver, the
PCSA, PCPA, or PNA shall review the application with the foster caregiver. An
agency shall not require the foster caregiver to undergo a bureau of criminal
investigation (BCI) 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 JFS 01692 from the
foster caregiver, 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) In addition to the completion of the JFS 01692, the agency
shall review the following information to determine the appropriateness of the
foster caregiver for adoptive placement: (1) The homestudy and all
subsequent updates. (2) The JFS 01530, if
applicable. (3) The most recent JFS 01653
"Medical Statement for Foster Care/Adoptive Applicant and All Household
Members." (4) The most recent criminal record
checks, including the national sex offender registry, for all adult household
members. (5) The most recent reports of the
alleged perpetrator search of child abuse and neglect information from the
statewide automated child welfare information system (SACWIS) for all adult
household members. (6) 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. (7) Case record information documented by
the placement worker's visits to the foster home regarding the ability of
the foster parent to meet the needs of the child(ren) to be
adopted. (K) The assessor shall review the information listed in paragraph
(J) of this rule, as well as the completed JFS 01692 and arrive at one of the
following recommendations: (1) Approve the
applicant(s) as a prospective adoptive parent for the child(ren) residing in
the applicant's home for at least six consecutive months. (2) Deny the
application. (L) 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. (1) Adoption homestudy
approval notification shall include, at a minimum, the following
information: (a) Date of approval of the JFS 01692. (b) The name of the child or children for whom the homestudy is
being approved. (2) Adoption homestudy
denial shall include, at a minimum, the following information: (a) A detailed explanation of the reasons for the
denial. (b) A description of procedures for an agency review pursuant to
rule 5101:2-48-24 of the Administrative Code. (M) 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, as applicable, shall be used for any other
child(ren) the family is considering adopting. Once approved, the adoption
homestudy shall be amended pursuant to rule 5101:2-48-12.2 of the
Administrative Code, as needed. (N) 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.
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Rule 5101:2-48-12 | Completion of the adoption homestudy.
Effective:
February 16, 2024
(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) shall: (1) Inform all
individuals applying for adoption homestudy approval that they can also be
studied for foster home certification. (2) Conduct a joint
homestudy pursuant to the requirements contained in Chapters 5101:2-5, 5101:2-7
and 5101:2-48 of the Administrative Code resulting in the simultaneous approval
of the applicant for: (a) Adoption homestudy approval. (b) Foster care placement. (3) If the PCPA or PNA is
not certified to recommend foster homes for certification and place or
participate in the placement of children for adoption, then the agency must
inform the individuals that a joint homestudy could be conducted simultaneously
by another agency that is certified for both functions. (B) 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. (C) To avoid a conflict of interest, or
the appearance of any conflict of interest, an assessor shall not perform any
assessor duties 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. (D) To avoid a conflict of interest, or the appearance of any
conflict of interest: (1) The agency
administrator and a relative of the agency administrator shall not have an
adoption homestudy completed by the agency with which the administrator is
employed. (2) A member of the
agency's governing body and a person known to the agency as a relative of
the agency's governing body shall not have an adoption homestudy completed
by the agency with which the member is associated. (3) Adoption inquiries
from anyone mentioned in this paragraph wishing to have an adoption homestudy
completed shall be referred to another agency with no such appearance of a
conflict of interest. (4) An existing approved adoption
homestudy of any person referred to in paragraph (D) of this rule shall be
transferred to another adoption agency within sixty days of the effective date
of this rule. (5) If the agency becomes aware an
approved adoptive parent of the agency is a relative of the administrator or a
relative of the agency's governing body, it shall initiate a transfer of
the adoption homestudy. The transfer shall be completed within sixty days of
the discovery. (E) A PCSA, PCPA or PNA may selectively recruit on the basis of
the need for adoptive parents that reflect the diversity of waiting children
for whom adoptive homes are needed as specified in the agency's
recruitment plan as required by rule 5101:2-48-05 of the Administrative
Code. (1) The agency shall not
consider the age, gender, gender identity, or sexual orientation of a family
for whom that agency is conducting a homestudy in determining whether a
homestudy is approved or disapproved or a child is placed in the
home. (2) The agency shall not
consider the age, gender, gender identity, or sexual orientation of a child
being considered for adoption in determining whether a homestudy is approved or
disapproved or a child is placed in the home. (3) The agency shall not
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 and of Title II of the Americans with Disabilities Act of 1990, 42
U.S.C. 12132. (4) The agency is to
adhere to the support services and modifications for a person with a disability
as described in sections 2131.03, 2131.031, 2131.032, 2131.033 and 2131.034 of
the Revised Code. (F) The agency shall not consider the race, color or national
origin of a family for whom the agency is conducting a homestudy in determining
whether a homestudy is approved or disapproved or a child is placed in the
home. (1) As prohibited by the
Multiethnic Placement Act, Oct. 20, 1994, P.L. 103-382, as amended by Section
1808 of the Small Business Job Protection Act of 1996, Aug. 20, 1996, P.L.
104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI), agencies may not
deny any person the opportunity to become an adoptive parent on the basis of
race, color, or national origin of the person or of any children
involved. (2) The agency shall not
consider the race, color, or national origin of a child being considered for
adoption in determining whether a homestudy is approved or disapproved or a
child is placed in the home. (3) The agency may
consider a child's race, color, or national origin only in those cases it
is determined acceptable pursuant to rule 5101:2-48-13 of the Administrative
Code. (G) The agency shall use the JFS 01691 "Application for
Child Placement" for all initial adoption homestudy
applications. (1) The agency shall not
accept an incomplete JFS 01691. (2) The agency shall not
begin the homestudy assessment process prior to the receipt of a fully
completed JFS 01691 signed by the applicant(s). (3) If a foster care
applicant decides during the homestudy process to also become approved for
adoption, the homestudy documentation and training completed up to that point
may be utilized as long as the documentation or training has not expired upon
completion of the homestudy. Applicants shall not be required to duplicate
documentation as a result of a new application date. (H) The agency shall commence the homestudy assessment within
thirty days after the date the agency receives a fully completed JFS 01691
signed by the adoptive applicant(s). (1) Commencement of a
homestudy means, at a 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. (2) An agency failing to
commence a homestudy within thirty days after receiving the application shall
document on the JFS 01673 "Assessment for Child Placement" the
reason(s) the agency is unable to meet this requirement. (I) The agency shall complete the homestudy within one hundred
eighty days after the date the agency received the completed 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. (J) 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. (K) If a PCSA initiates an adoptive homestudy with an applicant
who resides in another county, the PCSA 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 contracts with another PCSA
to complete the adoptive applicant's homestudy. (L) 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 contracts with the PCPA or
PNA to complete the adoptive applicant's homestudy. (M) The written notification to the PCSA, required in paragraphs
(K) and (L) of this rule, shall be sent within ten days of the initiation of
the homestudy, and 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) Confirmation of household members as determined by a review
of agency records. (b) Information relating to any previous foster care or adoption
applications and/or placements, such as: (i) Past or present functioning of the prospective adoptive
parent and household members. (ii) Rule
violations. (iii) Information on the events leading to a removal of any child
from the prospective adoptive family home. (N) When a PCSA in the county the adoptive applicant resides
receives a notification letter, the PCSA shall provide, in writing, any
relevant information listed in paragraph (M)(5) of this rule to the requesting
agency within fifteen days of the receipt of the letter. If the PCSA does not
have any relevant information regarding the adoptive applicant or any household
members, the PCSA shall respond to the requesting agency that no information
was found. (O) The PCSA in the county the adoptive applicant resides shall
maintain written documentation on each family for whom 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. (P) If an agency determines any applicant knowingly provided
false information for the homestudy or application, or any document submitted
by the applicants during the homestudy process contains false information, the
agency shall follow procedures outlined in rule 5101:2-33-13 of the
Administrative Code. (Q) The following is required for the homestudy: (1) An assessor shall
conduct an in home face to face interview with all members of the household
based on his or her age and development. The interview with all members of the
household may be a joint interview or separate individual
interviews. (2) Documentation of
current marital status, which shall include a marriage certificate, divorce
decree, or other verification of marital status, if applicable. (3) The bureau of
criminal investigation (BCI) and federal bureau of investigation (FBI) reports
as outlined in rule 5101:2-48-10 of the Administrative Code for all persons
subject to a criminal records check. (a) The criminal records check(s) must be completed and the
results received by the agency prior to approval of the homestudy. (b) Except as provided in paragraph (D) of rule 5101:2-48-10 of
the Administrative Code, an agency shall not approve an adoption homestudy if
the applicant or any adult member of the household has been convicted of any
crime listed in appendix A to rule 5101:2-7-02 of the Administrative
Code. (4) If the agency has the
ability to complete the search in the Ohio statewide automated child welfare
information system (SACWIS), the agency shall complete an alleged perpetrator
search of abuse and neglect report history through the system for each adoptive
applicant and each adult who resides with the applicant. If the agency does not
have the ability to complete the search in Ohio SACWIS, the agency shall
request a search of the system from ODJFS for each adoptive applicant and each
adult who resides with the applicant. (a) A report with the results of the search shall be placed in
the adoptive record. (b) This report is used to determine the suitability of the
adoptive applicant as an adoptive parent. (5) The agency shall
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. (6) The agency is to
complete a check of the national sex offender registry at
https://www.nsopw.gov/ for the adoptive applicant and each adult who resides
with the adoptive applicant. The results are to be reviewed prior to the
agency's approval of the adoption homestudy. The application may be denied
based solely on the results of the search. (7) Completion of the JFS 01530
"Large Family Assessment" is required at the time of the adoption
homestudy when: (a) A family has a total of five or more children residing in the
home at the time of the homestudy, including foster children and children in
kinship care, or; (b) A family will have a total of five or more children residing
in the home based upon the number of children residing in the home at the time
of the homestudy, including foster children and children in kinship care, and
the number of children the family will be approved to adopt. (8) A physical exam and a JFS 01653
"Medical Statement for Foster Care/Adoptive Applicant and All Household
Members" are to be completed by a licensed physician, physician assistant,
clinical nurse specialist, certified nurse practitioner or certified
nurse-midwife within one year prior to approval of the homestudy for the
applicant. All household members are to complete a JFS 01653. (a) Any written documentation of a physical examination shall be
completed by the individual conducting the examination. (b) 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. (c) The agency may require an applicant or household member to
secure and provide to the agency a report of an additional examination by a
licensed physician, psychologist, or other certified or licensed professional
if any of the following apply: (i) The applicant or any
household member has suffered a serious illness or injury within the past
year. (ii) It is determined to
be necessary by the agency to ensure the safety, health, or care of any child
who may be placed in the home of the applicant. (9) The applicant shall have an income
sufficient to meet the basic needs of the household and to make timely payment
of shelter costs, utility bills, and other debts. To show this, an applicant
shall provide at a minimum: (a) A completed JFS 01681"Applicant Financial
Statement." (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 of the adoption homestudy. (d) At least one utility bill for each utility necessary to
maintain the household. The bill or bills should not be dated more than six
months prior to the agency's approval of the adoption
homestudy. (10) Prior to approving the homestudy for
adoption, the agency shall document that each person seeking adoption approval
successfully completes preservice training in accordance with rule 5101:2-48-09
of the Administrative Code. Each person seeking adoption approval shall receive
training on the Administrative Code rules and the agency's policies and
procedures that are in effect on the date the agency approves the adoption
homestudy. (11) References shall be received by the
agency prior to the approval of the homestudy. (a) The applicant shall provide the names and contact information
of at least three people who do not reside with the applicant, so that they may
be contacted as references. A minimum of three personal references shall be
received prior to the date the agency approves the homestudy. A minimum of one
of the required references is to be from a relative and at least two references
from non-relatives. (b) The applicant and all adult household members shall provide
the name of any other agency or organization the applicant and any household
member has 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 applicant and all adult household members shall complete a
written and signed release of information statement so any such reference may
be contacted. (c) The agency shall contact all adult children of the applicant
for a reference. If the adult children are unable or unwilling to provide a
reference this shall be assessed during the homestudy process and documented on
the homestudy. (d) All contacts with references listed in this rule are required
and shall be documented in the narrative section of the homestudy. (12) The JFS 01200 "Fire Inspection
Report for Homes or Residential Facilities Certified by ODJFS" or other
form used for a local or state fire inspection certifying the home is free from
conditions hazardous to the safety of children. The report shall not be dated
more than twelve months prior to the agency's approval of the
homestudy. (13) The JFS 01348 "Safety
Audit" completed not more than six months prior to the agency's
approval of the homestudy, documenting the residence satisfactorily meets all
safety standards. (14) There shall be a continuous supply of
safe drinking water. Well water used for drinking and cooking shall be tested
and approved by the health department prior to approval of the adoption
homestudy. (15) The applicant's
home is to have a working smoke alarm on each level of occupancy and at least
one near all sleeping areas approved by one of the following: (a) "Underwriter's Laboratory." (b) A certified fire inspector. (16) The applicant's
home is to have at least one carbon monoxide detector on each level of
occupancy of the home and at least one near all sleeping areas. (17) 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" indicating the
acceptable characteristics of the child the applicant is willing to
adopt. (a) The determination of the specific number, age, and gender of
children the adoptive applicant is approved for is the joint decision of the
applicant and the assessor, based on the applicant's strengths and
needs. (b) Upon the request from an applicant or approved adoptive
parent, the JFS 1673-A may be updated as often as needed. (c) International and step-parent adoptions are exempt from this
form requirement. (R) The agency shall document in each record that the applicant
has been evaluated by an assessor to determine the applicant's compliance
with all homestudy requirements and the suitability of the applicant to be
approved as an adoptive parent considering all household members. (1) In completing the
evaluation, a written narrative shall be compiled, signed by the assessor, and
approved by the supervisor, indicating approval or denial of the
application. (2) This evaluation shall
be a completed JFS 01673 or JFS 01692 "Application for Adoption of a
Foster Child or Sibling Group," as applicable. (3) Step-parent and
international homestudies are exempt from this form requirement. The JFS 01698
"Step-parent Adoption Homestudy" may be used when the court requests
an agency to conduct a homestudy involving a step-parent adoption. (S) In addition to the requirements of Chapter 5101:2-48 of the
Administrative Code, the agency may establish a written policy that applies to
all applicants, requiring submission of additional materials or documents, or
participation in additional assessment activities. The agency shall not approve
an adoption homestudy prior to the completion of those requirements, in
addition to all requirements of Chapter 5101:2-48 of the Administrative Code
that are applicable to the approval of the adoption homestudy. (T) The assessor shall make one or more of the following
recommendations at the completion of the adoption homestudy: (1) Approve the
applicant(s) as adoptive parent(s). (2) Approve the applicant(s) as adoptive
parents and recommend the applicant(s) for certification as a foster
caregiver(s) simultaneously. (3) Deny the adoption
application. (U) 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. (1) Adoption homestudy
approval notification shall include, at a minimum, the following
information: (a) Date of approval of the adoptive homestudy with the date the
approved homestudy expires. (b) A description of the characteristics of the child or children
for whom the applicant is being approved. (2) Adoption homestudy
denial shall include, at a minimum, the following information: (a) A detailed explanation of the reasons for the
denial. (b) A description of procedures for an agency review pursuant to
rule 5101:2-48-24 of the Administrative Code. (V) No later than ten days after the homestudy is completed, the
agency shall document the results of the homestudy on the JFS 01609
"Family Permanency Planning Data Summary." (W) The agency shall enter the appropriate data into the Ohio
SACWIS to complete the provider record and approve the adoption
homestudy. (X) No agency shall release a homestudy to any other agency or
probate court if it is determined that the application, homestudy or any
document provided during the homestudy process contains a false statement
knowingly made by the applicant. (Y) 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. The homestudy shall be amended, if applicable, in
accordance with rule 5101:2-48-12.2 of the Administrative Code. (Z) If a child has been placed in an approved adoptive home, the
agency 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.
Last updated February 16, 2024 at 8:09 AM
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Rule 5101:2-48-12.1 | Adoption homestudy updates.
(A) All adoption homestudies shall be
updated every two years from the date of approval of the initial homestudy or
the date of approval of the most current update, whichever is more recent. If a
homestudy is simultaneously approved for adoption and certified for foster care
by the same agency, the spans shall be the same for both programs from the date
of the foster home certification. (1) If an approved
adoptive home is subsequently certified for foster care by the same agency that
approved the home for adoption, the adoptive homestudy shall be updated at the
same time the home is initially certified for foster care so that the spans
will coincide. (2) If a certified foster
home is subsequently 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 so that the spans will
coincide. (B) The public children services agency
(PCSA), private child placing agency (PCPA), or private noncustodial agency
(PNA) shall ensure that employees or persons under contract with the agency to
complete adoption homestudy updates 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. (C) The 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 fifty days prior to the expiration date. The
notification shall: (1) Identify any
information or documentation that is required for the homestudy
update. (2) Be completed on the
JFS 01331, "Notice of Expiration and Reapplication for a Foster Home
Certificate or Adoption Homestudy Approval." (D) Following agency notification to the
adoptive parent as required by paragraph (C) of this rule, if the adoptive
parent fails to either reapply or voluntarily terminate prior to the expiration
date of the approval, the homestudy approval shall expire. If the family wishes
to have an adoption homestudy approval after the expiration date, they shall
reapply through the initial homestudy application process pursuant to rule
5101:2-48-09 of the Administrative Code. Following the expiration of an adoption
homestudy, the agency is to enter the appropriate data into the statewide
automated child welfare information system (SACWIS) to close the adoption
homestudy. (E) If the adoptive parent has applied to
update an adoption homestudy prior to the expiration of a current adoption
approval, an assessor shall complete a JFS 01385 "Assessment for Child
Placement Update," ensure that the adoptive parent remains in compliance
with the requirements of Chapter 5101:2-48 of the Administrative Code, and
determine the continued suitability of the adoptive family. The agency shall
compile and review the following documents, in addition to completing the JFS
01385: (1) The most recent JFS
01653 "Medical Statement for Foster Care/Adoptive Applicant and All
Household Members" completed for the applicant and all household members.
The agency may require a new JFS 01653 if the agency deems it
necessary. (2) The agency may
require a report of a physical, psychiatric or psychological examination or
treatment of the adoptive parent(s) or other household member in order 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. (3) The most recent 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" or other form used for a local
or state fire inspection. The agency may require a new fire inspection at the
time of the update if the agency deems it necessary to ensure the home is free
from conditions which may be hazardous to the safety of an adoptive
child. (4) The most recent JFS
01681 "Applicant Financial Statement." The agency may require a new
JFS 01681 if there have been any substantial changes to the adoptive
family's financial situation. (5) The most recent well
water test approved by the health department, if applicable. The agency may
require a new well water test if the agency deems it necessary. (6) The most recent JFS
01530 "Large Family Assessment," if applicable. If the family
circumstances have changed substantially since the previous JFS 01530, or if a
JFS 01530 was not previously completed and is now required, the agency shall
complete a new JFS 01530 at the time of the update. (7) If the agency has the ability to
complete the search in SACWIS, the agency shall complete an alleged perpetrator
search of abuse and neglect report history through the system for each adoptive
parent and adult household member. If the agency does not have the ability to
complete the search in SACWIS, the agency shall request and obtain a search of
the system from ODJFS for each adoptive parent and each adult household
member. (a) A report with the results of the search shall be placed in
the adoptive provider record. (b) This report is to be used to determine the continued
suitability of the adoptive family. (8) The agency shall conduct a safety
audit utilizing the JFS 01348 "Safety Audit" completed within six
months prior to the approval of the adoption homestudy update, documenting the
residence continues to meet all safety standards. (9) The most recent criminal records
check for the adoptive parents and adult household members. Once a homestudy is
approved, a new criminal records check shall be conducted, pursuant to section
2151.86 of the Revised Code, for the adoptive parent(s) and each adult
household member every four years prior to approving the adoption update. If an
existing resident of the home, including youth placed in the home, turned
eighteen years of age during the current approval span, the agency shall have
criminal records checks completed at the time of the next update and every four
years thereafter at the time of update. (10) A minimum of one written reference
from a professional who is knowledgeable of the family dynamics and family
functioning. If a reference is not available from a professional, a personal
reference from someone aware of the adoptive family's functioning is
permissible. This reference shall not be completed by a household member. This
reference is required for families who are only approved for adoption by the
recommending agency. If the family is also certified for foster care by the
recommending agency, the reference is not required. (11) The agency is to
complete a check of the national sex offender registry at
https://www.nsopw.gov/ for the approved adoptive parent and each adult who
resides with the adoptive parent. The results are to be reviewed prior to each
adoption homestudy update. The adoption homestudy update may be denied solely
on the results of the search. (F) An assessor's update of an
adoption homestudy shall include at least one home visit and one interview with
each member of the household (except foster children) based on his or her age
and development currently residing in the home. This may be a joint interview
or individual interviews. (G) If an agency receives a completed JFS
01331 at least thirty days prior to the expiration date of the adoption
approval, an agency shall follow the requirements listed in this rule to
complete the assessment for the update of the adoption approval. (1) At the completion of
the assessment and prior to the expiration of the current adoption homestudy
approval span, an agency is to enter the required data into SACWIS documenting
one of the following: (a) Adoption update approval. (b) Denial of the adoption update and closure of the
adoption homestudy. (c) Closure, based on receipt of voluntary
withdrawal. (2) The effective date of
the adoption homestudy approval shall be the first day following the expiration
of the previous approval span. (H) If an agency receives a completed JFS
01331 less than thirty days prior to the expiration of the adoption approval,
the agency may complete the requirements listed in this rule if they have
sufficient time and resources to complete the assessment and submit the
requirements in paragraph (G) of this rule prior to the expiration date of the
current approval span. (1) If the agency is
unable to complete the update of the adoption approval prior to the expiration,
the adoption approval will expire on the date of expiration. (2) If the adoption
approval expires, the agency shall, within ten days after the expiration date
of the current approval span: (a) Provide written notification to the family of the
following: (i) That the adoption
homestudy approval has expired. (ii) That the family must
reapply for initial adoption approval pursuant to rule 5101:2-48-12 of the
Administrative Code if they would like to obtain adoption homestudy
approval. (b) An agency shall enter the required data into SACWIS to
document the provider has closed because the adoption homestudy approval has
expired. (I) 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 adoption approval update. (1) Adoption homestudy
update approval notification shall include, at a minimum, the following
information: (a) Date of approval of the adoption homestudy update with the
date the update expires. (b) A description of the characteristics of the child or children
for whom the update is being approved. (2) Adoption homestudy
update denial shall include, at a minimum, the following
information: (a) A detailed explanation of the reasons for the
denial. (b) A description of procedures for an agency review pursuant to
rule 5101:2-48-24 of the Administrative Code.
Last updated February 6, 2024 at 3:30 PM
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Rule 5101:2-48-12.2 | Required notification and adoption homestudy amendments.
(A) An approved adoptive parent shall
notify the recommending agency within one hour of any of the following
circumstances involving an adoptive child whose adoption is not
finalized: (1) A serious injury or
illness involving medical treatment of the adoptive child. (2) Unauthorized absence
of the adoptive child from the home. (3) Removal of the
adoptive child from the home by any person or agency other than the placing
agency, or attempts at such removal. (4) Any involvement of
the adoptive child with law enforcement authorities. (5) The death of the
adoptive child. (B) An approved adoptive parent shall
notify the recommending agency within twenty-four hours or the next working day
if any of the following occur: (1) A change in the
marital status of an approved adoptive parent(s). (2) Any serious illness
or death of an approved adoptive parent or household member. (3) The finalization of
an adoptive child placed by a different agency. (4) A change in the
number of household members, not including foster children. (5) A criminal charge or
conviction of any approved adoptive parent or other adult household
member(s). (6) A significant change
in financial status or income. (7) A change of address
for the adoptive family that is different than the address listed on the most
recent homestudy or update. (C) If the agency is notified of any of
the following changes for the adoptive family, the agency shall amend the
homestudy: (1) A change in the
marital status of the approved adoptive parent(s). (2) The death of an
approved adoptive parent or household member. (3) A change in household
members, not including foster children. (4) A change of address
for the adoptive family that is different than the address listed on the most
recent homestudy or update. (D) The public children services agency
(PCSA), private child placing agency (PCPA), private noncustodial agency (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. (E) An amendment is a narrative of the assessor's evaluation
of the change that has occurred in the approved adoptive family. 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 paragraph (A) or (B) of this rule. (2) If the change is to
add an adoptive parent to the homestudy, the amendment shall not be completed
until the preservice training has been completed or waived pursuant to rule
5101:2-48-09 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 adopt. The amendment shall address sleeping
arrangements, beds and bedrooms, and shall evaluate whether the adoptive family
remains in compliance with all applicable requirements. (4) The amendment shall be completed in
the statewide automated child welfare information system (SACWIS). (F) If the amendment is due to a new household member, the agency
shall ensure the following: (1) New household members
residing with the adoptive parent shall have a JFS 01653 "Medical
Statement for Foster Care/Adoptive Applicant and All Household Members"
completed. (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
pursuant to paragraph (B) of this rule, the agency shall ensure the new
household member completes the JFS 01653 within ninety days of the date the
agency became aware of the new household member. (2) New adult household
members residing with the approved adoptive parent shall have a search of the
national sex offender registry at https://www.nsopw.gov/, a bureau of criminal
investigation (BCI) and federal bureau of investigation (FBI) records check, as
outlined in rule 5101:2-48-10 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
pursuant to paragraph (B) of this rule, the criminal record 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
perpetrator 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
they become a household member. If the agency was not notified of the new
household member pursuant to paragraph (B) of this rule, the agency shall
ensure the search is conducted 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 adoptive record. (b) This report is used to determine the continued suitability of
the adoptive 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
spouse of the approved adoptive parent and shall therefore be added as an
approved adoptive parent, the agency shall ensure the following is completed in
addition to the requirements found in paragraph (F) of this rule: (a) The agency shall contact all adult children of the new 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 new spouse has not previously completed the preservice
training, the agency shall ensure the spouse completes the training or meets
the requirements for a waiver pursuant to rule 5101:2-48-09 of the
Administrative Code no later than one hundred eighty days after becoming a
household member. The spouse shall not be added to the adoption approval until
the training or waiver has been completed. (G) If the amendment is due to a change of address of the
adoptive family, 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." (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 paragraph (B) of this rule, 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 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. (a) The fire safety inspection shall be completed on the JFS
01200 "Fire Inspection Report for Residential Facilities Certified by
ODJFS" 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 paragraph (B) of this rule, 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 paragraph (B) of this rule, then
the fire safety inspection shall be conducted within ninety days of the date
the agency became aware of the change of address. (H) The assessor shall provide written notification to the
adoptive parent of approval or denial of the amendment to the adoption
homestudy. The written notification shall be provided to the adoptive family
within ten days of completion of the homestudy amendment. If an amendment is
denied, the adoption homestudy is no longer approved. (1) Amendment approval
notification shall include, at a minimum, the following
information: (a) A summary of the change requiring the amendment. (b) The date of the notification provided pursuant to paragraph
(B) of this rule. (c) The date the change occurred that required the
amendment. (d) Date of approval of the adoption amendment. (2) Adoption homestudy
denial shall include, at a minimum, the following information: (a) A detailed explanation of the reasons for the
denial. (b) A description of procedures for an agency review pursuant to
rule 5101:2-48-24 of the Administrative Code.
Last updated February 6, 2024 at 3:30 PM
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Rule 5101:2-48-13 | Non-discrimination requirements for adoptive placements.
Effective:
October 15, 2022
(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, Oct.
20, 1994, P.L. 103-382, as amended by Section 1808 of the Small Business Job
Protection Act of 1996, Aug. 20, 1996, P.L. 104-188 (MEPA), and the Civil
Rights Act of 1964 (Title VI), as they apply to the adoption process, do not
supercede the provisions of the Indian Child Welfare Act of 1978, P.L. 95-608,
25 U.S.C. 1901-1963. (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," 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) Annually each PCSA, PCPA, and PNA is
to review and update their foster care and adoption recruitment plan. The
review and update is to be completed in the Ohio statewide automated child
welfare information system (SACWIS) by June thirtieth each year. (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 (J) 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. (H) 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. (1) 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. (2) 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. (I) The following actions by a PCSA, PCPA, or PNA 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 (J) to (N) 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. (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
RCNO. (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. (J) 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. (K) 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. (L) The licensed professional conducting the assessment shall not
be employed by the PCSA or PCPA making the referral. (M) At the time of the referral, the PCSA or PCPA shall initiate
and subsequently complete the JFS 01688 "Individualized Child
Assessment" 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 the child may have regarding RCNO in the placement process,
the child shall be referred within ten days of the completion date of the
individual child assessment as indicated in paragraph (J) 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 (J) 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." (b) The JFS 01611 "Non-discrimination Requirements for
Foster Care and Adoptive Placements." (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's
Statement" acknowledging receipt of the materials required by paragraph
(M)(5) of this rule. A copy of the signed JFS 01608 shall be submitted to 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 within 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 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, if applicable. (b) The JFS 01690 "Documentation of the Pre-Adoptive
Staffing and Updates." (c) All other relevant supporting materials. (10) Documentation of how RCNO impacted
the placement decision shall be documented on the JFS 01689 pursuant to rule
5101:2-48-16 of the Administrative Code. (11) 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. (N) 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. (O) 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
approved 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 or PCPA, such as a
guardian ad litem (GAL) or court appointed special advocate (CASA)
volunteer. (P) 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.
Last updated October 17, 2022 at 8:43 AM
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Rule 5101:2-48-15 | Provision of information to a prospective adoptive parent matched with a specific child.
(A) Prior to placing a child with the
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. If a newborn
child is placed from a hospital into an adoptive home, the PCSA or PCPA is to
provide the information required in this rule to the adoptive parent(s) as soon
as it is available, but no later than thirty days after the adoptive
placement. (B) Prior to the date of adoptive
placement, the PCSA or PCPA shall, as applicable: (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. (2) 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. (3) Provide the prospective adoptive
parent(s) with information regarding any child-specific financial and medical
resources, known or anticipated, including subsidy information. (4) Provide the prospective adoptive
parent(s) with the child's lifebook. (5) 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." (6) 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. (7) Provide the prospective adoptive
parent(s) with the biological parent's first name, if authorization is
given on the JFS 01693. (8) Provide the prospective adoptive
parent(s) with the child's social security number, if
applicable. (C) Prior to the adoptive placement, the PCSA or PCPA shall
provide a written report to the adoptive parent(s) if the child has been
adjudicated a delinquent for an act to which of any of the following offenses
apply: (1) Aggravated murder. (2) Murder. (3) Voluntary manslaughter. (4) Involuntary
manslaughter. (5) Felonious assault. (6) Aggravated assault. (7) Assault. (8) Rape. (9) Sexual battery. (10) Gross sexual imposition. (11) Conspiracy involving an attempt to
commit aggravated murder or murder. (12) Any other offense that would be a
felony if committed by an adult, and the child was found to be using or in
possession of a firearm when the child committed the offense. (13) Any other offense that would be a
felony if committed by an adult, and the child was found to be wearing or
carrying body armor when the child committed the offense. (D) The written report required for those children
adjudicated delinquent pursuant to paragraph (C) of this rule shall include the
following information: (1) A descriptive summary of the
child's social history. (2) Unless a child's record has been
sealed pursuant to section 2151.356 of the Revised Code, a description of all
the known acts committed by the child that resulted in the court making a
disposition that the child is adjudicated delinquent. 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. (3) A description of any other violent
act(s) committed by the child of which the PCSA or PCPA is aware. (4) The substantial and material
conclusions and recommendations of any psychiatric or psychological examination
conducted on the child. (a) Pursuant to section 2152.72 of the Revised Code, if a
child has been adjudicated delinquent for any of the crimes listed in paragraph
(C) of this rule, the custodial agency is to ensure that a new psychological
examination of the child is completed unless either of the following
apply: (i) A psychological
examination of the child has been conducted within twelve months prior to the
child's placement in the adoptive home and the child's record has not
been sealed in accordance with section 2151.36 of the Revised
Code. (ii) A psychological
examination of the child has been conducted within twenty-four months prior to
the date of the adoptive placement when the child is being adopted by their
foster caregiver. (b) If no psychological or psychiatric examination of the
child is available, the agency shall include the substantial and material
conclusions and recommendations of an examination to detect mental and
emotional disorders conducted in compliance with the requirements of Chapter
4757. of the Revised Code by one of the following licensed
professionals: (i) An independent social
worker. (ii) A social
worker. (iii) A licensed
professional clinical counselor. (iv) A licensed
professional counselor. (v) An independent
marriage and family therapist. (vi) A marriage and
family therapist. (c) The agency shall not provide any part of the
examination to the adoptive parent(s) other than the substantial and material
conclusions and recommendations. (d) If a new psychological examination was required
pursuant to this rule, the custodial agency is to provide the prospective
adoptive parent with the substantial and material conclusions and
recommendations within sixty days of the date of the adoptive placement. The
custodial agency is not to provide any part of an examination required by this
rule to the prospective adoptive parent other than the substantial and material
conclusions and recommendations. (E) 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 prospective adoptive home, to fail
to provide the prospective adoptive parent(s) with the information required by
paragraphs (C) and (D) of this rule. It is not a violation of confidentiality
to provide such information. (F) If a custodial agency places a child who has been
adjudicated delinquent for any of the offenses listed in paragraph (C) of this
rule in a prospective adoptive home with the assistance of or by contracting
with another agency, then all of the following apply: (1) The custodial agency
shall provide the other agency with the information outlined in paragraphs (C)
and (D) of this rule. (2) The agency providing assistance to or
contracting with the custodial agency shall provide written acknowledgment to
the custodial agency that the information outlined in paragraphs (C) and (D) of
this rule was received. (3) The custodial agency shall keep the
acknowledgment and provide a copy to the other agency. (G) The adoptive family case record and the adoptive child
case record shall contain documentation of the information provided to the
adoptive family and of the family's receipt of the information required in
this rule.
Last updated May 1, 2021 at 8:54 AM
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Rule 5101:2-48-16 | Adoption preplacement and placement procedures.
Effective:
October 15, 2022
(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" 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. 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) The assessor may also serve as the child's caseworker.
If the assessor is assigned as the primary caseworker, the assessor shall visit
with the child at least monthly. If the assessor is not assigned as the primary
caseworker, the assessor shall visit with the child every other month at a
minimum. The visit with the assessor may meet the requirements of rules
5101:2-42-65 and 5101:2-48-17 of the Administrative Code. During those visits,
the assessor shall review and help the age appropriate child explore the
following adoption issues. (1) Separation and attachment
issues. (2) Feelings concerning adoption and
permanency. (3) Terms and conditions of an open
adoption, if applicable. (D) The PCSA or PCPA shall document the services provided to
prepare the child for adoption in the case record. (E) 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. (F) 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). (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. (3) For a private agency
infant adoption, the pre-adoptive staffing may occur prior to the birth of the
child. (G) If the order is under appeal, the
agency may hold a pre-adoptive staffing prior to the issuance of the final
decision. (H) The invitation to the pre-adoptive staffing shall be in
written form, shall be documented in the case file, and shall be sent to the
individual at least fourteen days prior to the staffing. The fourteen day
timeframe does not apply to a private agency infant adoption. The individuals
shall be notified if any staffing is rescheduled or canceled at least three
days prior to the scheduled staffing or as soon as the information is
available. 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 professional who
has the specific assignment of recruiting families for children who are
awaiting adoption, if applicable. (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, if applicable. (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 prospective
adoptive family, if deemed appropriate by the PCSA or PCPA. (14) 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,
including any residential placements, adoption disruptions or
dissolutions. (3) Specific recruitment
efforts to find a permanent home for the child. (4) Current strengths,
limitations or other special considerations, including previous or current
relationships with siblings, birth relatives or kin. (5) Current therapeutic
assessments or other needs to be considered in determining the child's
adoptive placement. (6) Transition of the
case planning from a focus on foster care to adoption. (7) Planning for good-bye
visits, if applicable. (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
maintain the form in the child's adoptive case record. Following the
pre-adoptive staffing, the agency may distribute the JFS 01690 to assessors who
are responsible for completing or maintaining 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 "Large Family Assessment" 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. (3) For a private agency
infant adoption, the matching conference may occur prior to the birth of the
child. (N) The invitation to the matching conference shall be in written
form, shall be documented in the case file, and shall be sent to the individual
at least fourteen days prior to the matching conference. The fourteen day
timeframe does not apply to a private agency infant adoption. The individuals
shall be notified if any matching conference is rescheduled or canceled at
least three days prior to the scheduled matching conference or as soon as the
information is available. The following individuals shall be invited to the
matching conferences: (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 professional 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, including any child-focused or
child-specific recruiter working on behalf of the child. (7) The child, if in the
best interests of the child and deemed appropriate by the PCSA or
PCPA. (8) Any worker from any
agency who is responsible for an approved adoptive family or adoptive applicant
being presented at the matching conference. If an adult kin or current foster
caregiver has submitted an application less than fourteen days prior to the
matching conference and pursuant to paragraph (V)(3) of this rule, then the
necessary parties shall be invited to the matching conference upon receipt of
the application. (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) At a minimum, the following
individuals shall participate in the matching conference and be included in the
placement decision-making process: (1) The adoption
caseworker for the child. (2) The worker for any
prospective adoptive families who will be presented at the matching conference.
If the worker is unable to participate in the matching conference, another
professional with knowledge of the family being presented shall participate in
the matching conference. (3) Any child-focused or
child-specific recruiter working on behalf of the child. (4) A member of the administrative or
supervisory staff of the PCSA or PCPA adoption program. (P) If the child 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 or other electronic means 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." (T) The PCSA or PCPA shall document each matching conference for
each child on the JFS 01610 "Child's Permanency Planning Data
Summary." (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 child study
inventory. (4) The JFS 01689. (5) The JFS 01688 "Individualized
Child Assessment," if applicable. (6) The child's preference may be
considered if the child has the capacity to express a preference. (V) Regardless of the geographic location, the following
preferential order shall be applied when considering families in the matching
process: (1) For a child federally
recognized as a member of a tribe or Alaskan native village, the Indian Child
Welfare Act of 1978, Nov. 8, 1978, P.L. 95-608, 25 U.S.C. 1901-1963 (ICWA)
shall take precedence in any adoption proceedings. (2) Whenever possible and
in the best interest of the child(ren), sibling groups should not be
separated. (3) Any adult kin, or the
child's current foster caregiver, when the following apply: (a) The adult has expressed an interest in adopting the child and
already has an approved adoptive homestudy, or has submitted the required
document listed below at least five business days prior to the scheduled
matching conference: (i) The JFS 01691
"Application for Child Placement." (ii) The JFS 01692
"Application for Adoption of a Foster Child or Sibling
Group." (iii) The adoption
application or equivalent document that is required in the state the adult
resides in. (b) Placement with the adult would establish permanency for the
child and be in the best interest of the child. (4) A foster caregiver with whom the
child has resided in the past, whose placement would be in the best interest of
the child and who is approved for adoption pursuant to Chapter 5101:2-48 of the
Administrative Code or the laws of the state where the previous foster
caregiver now resides. (5) Any other approved adoptive parent(s)
who is accepting of the child's characteristics, who has expressed an
interest in adopting the child, and whose placement would be in the best
interest of the child. (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. (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" 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 least two of the three
activities listed: (1) Distribution of
written information regarding the child to two or more adoption agencies, media
outlets, or social media sites used to recruit adoptive families for the
child. (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 individuals with whom the child is familiar who may be able and
willing to provide a permanent home for 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 there is a
complete JFS 01654 that includes the adoptive placement date and signatures of
the adoptive parent(s) and applicable agencies. (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, 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) No later than seven business days after each matching
conference, the PCSA or PCPA shall provide written information necessary for
the completion of the JFS 01609 "Family Permanency Planning Data
Summary" to any Ohio agency 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 an adoptive homestudy has been completed and
approved by an Ohio PCSA, PCPA or PNA pursuant to Chapter 5101:2-48 of the
Administrative Code. The homestudy shall be completed by an agency with
authority recognized by ODJFS to complete adoptive homestudies. (DD) The PCSA or PCPA may
place a child in an adoptive home in another state pursuant to rules and
regulations governing the interstate placement of children pursuant to Chapter
5101:2-52 of the Administrative Code. (EE) Prior to the adoptive placement, the PCSA or PCPA shall
provide the prospective adoptive parent with the completed and signed JFS 01667
"Adoption Information Disclosure" 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 director
or designee. (2) Adoptive
parent(s). (3) Any other PCSA, PCPA,
PNA or out of state agency providing adoption services, if
applicable. (GG) A copy of the signed JFS 01654 shall be given to the
adoptive parent and any other signer of the agreement. (HH) A PCSA shall not refuse to provide or arrange for services
within its county to another PCSA or a public child serving agency in another
state 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) The PCSA or PCPA shall not make an adoptive placement if the
permanent custody of a child is under appeal through a court of appropriate
jurisdiction or awaiting journalization of a court order. (JJ) 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 pursuant to rule 5101:2-33-13 of the
Administrative Code. (KK) 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, Oct. 20, 1994, P.L. 103-382, as amended by Section
1808 of the Small Business Job Protection Act of 1996, Aug. 20, 1996, P.L.
104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI), as it applies to
the foster care and adoption process. (LL) If a PCSA intends to place a child for adoption with an
adoptive parent who resides in another county, it shall notify the PCSA in the
county in which the parent resides of the impending placement. The notification
shall be sent at least ten days prior to placement of a child. In the case of
an infant placement, the notification may be prior to the birth of the child.
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 parent resides is in a contract with
the other agency to complete the adoptive homestudy. (MM) If a PCPA 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 adoptive parent resides. The notification shall be sent at
least ten days prior to placement of a child. In the case of an infant
placement, the notification may be prior to the birth of the child. 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 parent resides has contracted with the
other agency to complete the adoptive homestudy. (NN) If a child from outside Ohio is placed with an Ohio adoptive
family, the Ohio private agency approving the adoptive family homestudy shall
notify, in writing, the PCSA in the county where the adoptive parent 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. (OO) The written notification required in paragraphs (LL), (MM)
and (NN) 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) and
address of the prospective adoptive parents. (4) The number of
children that will reside in the prospective adoptive home once the prospective
adoptive child is placed in the home.
Last updated October 17, 2022 at 8:43 AM
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Rule 5101:2-48-17 | Assessor visits and contacts with children in adoptive homes prior to finalization.
Effective:
February 1, 2021
(A) Visits and contacts shall be
conducted by an assessor within the public children services agency (PCSA) or
private child placing agency (PCPA) that has full responsibility for case
planning and case management of the child's case. (1) If the assessor
assigned to the child's case is unable to complete the visit, the assessor
from the same agency who is completing the visit shall document in the
child's case the reason someone other than the assigned assessor visited
the child. (2) The assessor assigned
to the child's case shall complete the majority of the required monthly
visits. (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. (4) If the circumstances
of the case require more than one monthly visit, the additional visit(s) may be
conducted by an assessor employed by an agency contracted by the PCSA or PCPA
to provide services for the case. (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 and the regulations of the
interstate compact, located at
https://aphsa.org/AAICPC/AAICPC/ICPC_Regulations.aspx. (F) If the adoptive parent(s) or other
household member(s) knowingly makes a false statement that results in the
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" 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. 1903 (4) (1978), how the placement
complies with the "Indian Child Welfare Act of 1978", 25 U.S.C. 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.
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Rule 5101:2-48-18 | Postfinalization services.
Effective:
February 1, 2021
(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 the regional Ohio kinship and
adoption navigator (OhioKAN) agency, in addition to other local agencies
providing the services the family needs. (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.
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Rule 5101:2-48-19 | Sharing or transferring an adoptive homestudy.
(A) The following definitions apply for
the purposes of this rule: (1) "Sharing an
adoptive homestudy" means forwarding an approved adoptive homestudy to a
public children services agency (PCSA), private child placing agency (PCPA), or
comparable agency in another state for consideration of potential adoption
matches, or receiving an approved adoptive homestudy from a PCSA, PCPA, private
non-custodial agency (PNA) or comparable agency in another state for the same
purpose. (2) "Transferring an
adoptive homestudy" means releasing a copy of the approved homestudy and
all related materials to another agency. Upon acceptance of the receiving
agency and the execution of the JFS 01334 "Recommendation for Transfer of
a Foster or Adoptive Home" the sending agency is relieved of all
responsibilities related to the approved adoptive family. (B) An agency shall not solicit
homestudies or transfers from other agencies for the purpose of locating a
family of a specific race, color or national origin. (C) An agency shall only consider approved homestudies forwarded
by another agency. A copy of the adoption homestudy shall not be accepted
directly from the approved adoptive parent or other individual. An adoptive
parent may provide other information to the receiving agency that the parent
considers to be relevant. The agency shall not require any additional
documentation for the homestudy beyond the requirements of Chapter 5101:2-48 of
the Administrative Code. (D) If the approved adoptive family has
signed a release of information the agency shall make the homestudy available
to any other agency requesting a copy of the homestudy for sharing or
transferring. (1) An agency shall not
release or accept a homestudy for sharing or transferring purposes if it has
been determined that the homestudy or a supporting document contains a false
statement knowingly made by the adoptive parent. The agency shall follow the
procedures outlined in rule 5101:2-33-13 of the Administrative Code when the
determination has been made that a document was falsified. (2) The agency may charge
a reasonable fee for the release of the homestudy and related materials. A
public agency may not charge another public agency a fee for the release of the
homestudy and related materials. (E) The agency shall forward a copy of
the homestudy and all related materials within fifteen working days of the
receipt of the signed release of information and any applicable fee pursuant to
paragraph (D) of this rule. If the request is to transfer the homestudy, then
the most recent report of the alleged perpetrator search of child abuse and
neglect information from the statewide automated child welfare information
system (SACWIS) shall also be forwarded to the receiving agency with the
homestudy and related materials. (F) If the agency in receipt of the
homestudy determines that the homestudy or a supporting document contains a
knowingly false statement, the agency in receipt of the homestudy shall not
consider the homestudy in any matching conference or for consideration of a
transfer and shall notify the sending agency in writing of the false statement
within three days of the determination of the false statement. (G) If an incomplete homestudy is
received from an agency, or supporting documentation is missing from the
record, 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. (H) Upon receipt of the record, the
receiving agency shall assign an assessor to review the information received
and conduct an assessment of the transfer request. (1) In addition to
reviewing the recommending agency's records and any information provided
by the adoptive parent(s), the assessor shall: (a) Contact staff from the current recommending agency and the
adoptive parent(s) to determine the reasons why the request to transfer is
being made at this time. (b) Make at least one visit to the home and conduct a
face-to-face meeting with each adoptive parent and all other household
members. (c) Receive three new personal references for the adoptive
parent(s) from persons who do not live with the family. A minimum of one of the
required references is to be from a relative and at least two references from
non-relatives. (d) Receive new references from all adult children of the
adoptive parent(s). If the adult children are unable or unwilling to provide a
reference this shall be assessed during the transfer process and documented in
the provider record. (e) Conduct a new criminal records check for all persons subject
to a criminal records check residing in the home. Results shall be obtained,
reviewed and approved prior to accepting the transfer request. (f) The agency is to complete a new search of the national
sex offender registry at http://www.nsopw.gov (2019) for an approved applicant
and each adult who resides with the adoptive applicant. The adoption homestudy
transfer may be denied solely on the results of the search. (g) Complete a new safety audit of the adoptive home on the
JFS 01348 "Safety Audit" to ensure the home meets all current safety
requirements. (2) If a transfer request
is pending within ninety days immediately prior to the expiration date of the
two year approval span, the current agency and the receiving agency may
determine through mutual agreement which agency will conduct the update of the
adoption homestudy. (3) The assessor shall
complete the transfer assessment within sixty days of the date the complete
record was received from the current agency. If the transfer cannot be
completed in this timeframe, the assessor shall document the reason(s) in the
record. (I) Upon completion of the assessment,
the assessor shall make a final decision regarding the transfer and document
that decision in the receiving agency's record. Written notice of the
decision shall be given to the adoptive parent and the recommending agency
within five working days of the date the decision was made. The approval or
rejection of a transfer request rests solely with the receiving agency. Nothing
in this rule shall be construed to require an agency to accept the transfer of
an adoption homestudy from another agency. (J) If the decision is to deny the
transfer request, all information contained in the copy of the record from the
current recommending agency as well as any information gathered during the
transfer assessment, including the written notice to deny the request, shall be
maintained by the agency for at least two years. (K) If the decision is to approve the transfer request, the JFS
01334 shall be completed and signed by both the sending and receiving agencies,
and all information gathered during the assessment process shall be
incorporated into the receiving agency's adoptive provider record. The
sending agency will enter the applicable data into SACWIS to complete the
transfer to the receiving agency. (L) Homestudies received from other agencies shall be regularly
considered for potential adoption matches pursuant to rule 5101:2-48-16 of the
Administrative Code, and shall be maintained according to the agency's
policy.
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Rule 5101:2-48-20 | Release of identifying and nonidentifying information.
Effective:
February 1, 2021
(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"
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." (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.
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Rule 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. (1) If sufficient
information is not available to complete any element of the CSI, the caseworker
is to document in the child's case record efforts that were made to secure
such information. (2) The CSI is not to
contain any identifying information regarding the child's birth
family. (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, religion, and other cultural
characteristics. (e) Talents and hobbies. (f) Mental and physical disabilities. (g) Medical conditions such as genetic/inherited diseases,
illnesses, 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) A listing of the child's
identified and anticipated special needs, and documentation verifying those
special needs. (4) 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 talents, interests or educational achievements. (b) Physical, intellectual and social development of the
child. (c) Immediate health needs and current medications of the
child. (d) Attachment and bonding of the child to caregivers and
siblings. (e) The information to be shared with the prospective
adoptive parents pursuant to rule 5101:2-48-15 of the Administrative
Code. (5) Written information describing the
types of behavior that the prospective adoptive parent(s) may anticipate from a
child who has experienced trauma, suggested interventions, and the services
available to the family after finalization. (D) Copies of the CSI are to be provided prior to the
adoptive placement to the following: (1) The PCSA, PCPA, or
private noncustodial agency (PNA) assisting in the adoptive placement of the
child. (2) The adoptive parents
no later than the date of the adoptive placement. Pursuant to rule 5101:2-48-16
of the Administrative Code, the CSI may be shared with prospective adoptive
parents prior to the matching conference. (E) If a newborn child is placed from a
hospital into an adoptive home, the PCSA or PCPA is to provide copies of the
CSI to the entities in paragraph (D) of this rule no later than thirty days
after the adoptive placement. (F) The adoptive child's case record
and the adoptive family's case record are to both contain copies of the
CSI and the completed JFS 01667 "Adoption Information Disclosure"
documenting that all information to be shared with the adoptive family was
received by the adoptive family.
Last updated May 1, 2021 at 8:54 AM
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Rule 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
a JFS 01691 "Application for Child Placement" 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 Chapter 5101:2-48 of the Administrative Code; as
applicable. (4) A copy of the JFS
01530, "Multiple Children/Large Family Assessment," if
applicable. (5) A copy of all
documentation relating to falsification of an adoptive applicant or homestudy
if any document submitted during the homestudy process has been determined to
be falsified. (6) A copy of the denial or approval
notification sent to the applicant regarding the adoptive homestudy, updates,
or amendments as required by Chapter 5101:2-48 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 the JFS 01654
"Adoptive Placement Agreement." (12) A copy of the child's case plan
prepared pursuant to rule 5101:2-38-05 of the Administrative Code or rule
5101:2-38-07 of the Administrative Code, as appropriate. (13) A copy of the JFS 01699
"Prefinalization Adoption Assessment Report" 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, if
applicable. (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 any adoption
subsidy application and/or 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." (21) A copy of the JFS 01609 "Family
Permanency Planning Data Summary." (22) A copy of the JFS 01688
"Individualized Child Assessment" 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." (24) A copy of the notification letter to
the local PCSA or documentation of the contact related to the initiation of an
adoption homestudy, as well as any response received from the
PCSA. (25) A copy of the notification letter to
the local PCSA 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.
Last updated May 2, 2022 at 8:51 AM
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Rule 5101:2-48-23 | Preservation of adoptive child case record.
Effective:
February 1, 2021
(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 documentation 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" pursuant to rule 5101:2-48-03 of the
Administrative Code. (4) A copy of the JFS
01699 "Prefinalization Adoption Assessment Report" pursuant to rule
5101:2-48-17 of the Administrative Code, and a redacted copy of the JFS 01699
pursuant to section 3107.12 of the Revised Code. (5) A copy of the final
decree of adoption or the interlocutory order of adoption. (6) A copy of the
child's lifebook pursuant to rule 5101:2-42-67 of the Administrative
Code. (7) A copy of the JFS
01689 "Documentation of the Placement Decision Making Process"
pursuant to rules 5101:2-48-13 and 5101:2-48-16 of the Administrative
Code. (8) The JFS 01688
"Individualized Child Assessment" 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 of the JFS
01610 "Child's Permanency Planning Data Summary" 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." (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. If 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.
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Rule 5101:2-48-24 | Agency adoption review procedures.
Effective:
October 15, 2022
(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) If requested, the agency review shall
occur within thirty days of receipt of a request and shall include a
face-to-face meeting with the following individuals: (1) The adoptive
applicant, prospective adoptive family or adoptive family requesting an agency
review. (2) The adoptive
family's caseworker. (3) The adoptive
child's caseworker, if applicable. (4) The agency administrator or
designee. (5) Any other individual
with information regarding the complaint, as deemed appropriate by the agency
administrator or 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) 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 of this
rule. (F) Each agency 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, or any
document submitted during the homestudy process.
Last updated October 17, 2022 at 8:44 AM
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