(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.