Current through all regulations passed and filed through September 16, 2024
(A) If the agency
working with the family suspects that a false statement or false document was
knowingly made or submitted during the homestudy process or after the homestudy
was approved, the worker shall report the information to the agency
administrator or designee within three days of the initial determination of
possible falsification. The written statement shall include, but is not limited
to:
(1) The original document completed by
the applicant, or written documentation of the false statement provided by the
applicant or adoptive family.
(2) Documentation verifying the information
or document is knowingly false.
(B) If there is a child placed in the home
who has not yet finalized an adoption, then the agency shall, within
twenty-four hours of the administrator or designee receiving the written
statement mentioned in paragraph (A) of this rule, determine if there is
probable cause related to the adoptive child's safety and well-being to warrant
the removal of the child from the home until the investigation is
completed.
(C) If the agency
conducting the investigation is not the agency with custody of the child, the
agency shall notify the custodial agency within twenty-four hours of
administrator or designee receiving the written statement mentioned in
paragraph (A) of this rule of the concerns related to the
falsification.
(D) Within ten days
of the administrator or designee receiving the written statement described in
paragraph (A) of this rule, the agency shall send a notification letter to the
adoptive applicant or approved adoptive family, via certified mail, indicating
that the information submitted to the agency has been determined to be
knowingly false. The notice shall include the following:
(1) Date the notice was mailed.
(2) A copy of the documentation alleged to be
knowingly falsified, as well as a written explanation of the
falsification.
(3) A statement that
the agency is required to notify the county prosecutor in cases in which it has
been determined the applicant or family made knowingly false statements,
pursuant to section 2921.13 of the Revised
Code.
(4) A statement indicating
the homestudy process will discontinue because the agency has probable cause to
believe a false statement or document was knowingly provided.
(5) If the homestudy process has already been
completed, then the agency shall include a statement that includes the
following:
(a) The agency will not present the
family at a matching conference, pursuant to rule
5101:2-48-16 of the
Administrative Code if it is determined a false statement or document was
knowingly provided.
(b) The agency
will not release a homestudy for sharing or transferring, pursuant to rule
5101:2-48-19 of the
Administrative Code if it is determined a false statement or document was
knowingly provided.
(c) A homestudy
will not be filed with the court for finalization purposes pursuant to section
3107.031 of the Revised Code if
it is determined a false statement or document was knowingly
provided.
(6) A statement
that the adoptive applicant or adoptive family has the
right to respond to the allegation of falsification.
(7) A statement that the adoptive applicant
or adoptive family has ten days from the date they receive the
notification letter to respond to the agency with documentation that the
allegation is unfounded and that the statements or documents were not knowingly
falsified.
(8) If the adoptive
homestudy is in the process, a statement that if the applicant fails to respond
to the agency within ten days of the receipt of the notification letter then
the application to adopt is considered withdrawn and the refusal to respond to
the allegation has resulted in the termination of the homestudy process by
voluntary withdrawal.
(9) If the
adoptive homestudy has been approved, a statement that if the adoptive
family
fails to respond to the agency within ten days of the receipt of the
notification letter then the refusal to respond to the allegation will result
in the expiration of the adoption homestudy approval at the end of the current
approval span.
(E) If the
applicant or adoptive family fails to respond to the agency within ten days
of the date of receipt pursuant to paragraph (D) of this rule, the agency shall
close the adoption homestudy as if the adoptive applicant or adoptive
family
has voluntarily withdrawn from the homestudy process.
(F) If the applicant or adoptive family
responds within the ten day timeframe with the documentation required in
paragraph (D)(7) of this rule, then the agency shall conduct an internal
investigation that includes the following:
(1)
A review of the information received from the adoptive applicant or
family.
(2) A face to face visit
with the adoptive applicant(s) or adoptive family.
(3) An interview with any other relevant
witnesses, if applicable.
(G) The final investigative report shall be
completed and mailed to the adoptive applicant no later than thirty days after
the receipt of the adoptive applicant's or adoptive family's response to the
allegation.
(1) If unanticipated circumstances
require additional time to complete the investigation or issue the report, the
agency shall notify the applicant or adoptive family of the need for more time
and that an extension of an additional fourteen days is needed.
(2) The extension shall be documented in the
adoptive family's record.
(H) The investigative report shall include
the following:
(1) An explanation of the
allegation.
(2) Any background
information deemed relevant by the agency.
(3) The results of the investigation,
including whether probable cause was found to indicate the applicant or
adoptive family made knowingly false statements.
(4) Any action steps to be taken by the
applicant, adoptive family, or the agency as a result of the
investigation.
(I) If the
final investigative report concludes that the information or documentation was
knowingly falsified, the agency shall do the following:
(1) Forward a copy of the investigative
report to the county prosecutor's office where the adoptive applicant or
adoptive family lives.
(2) If the adoptive applicant was still in
the homestudy process, the agency shall close the adoption homestudy as if the
applicant has voluntarily withdrawn from the homestudy process.
(3) If the adoptive homestudy was approved
prior to the investigation of falsification, then the following limitations are
in place:
(a) The adoption homestudy shall not
be presented at any matching conference, pursuant to rule
5101:2-48-16 of the
Administrative Code.
(b) The
adoption homestudy shall not be released to another agency for sharing or
transferring purposes, pursuant to rule
5101:2-48-19 of the
Administrative Code.
(c) The
adoption homestudy shall not be filed with the court for finalization purposes
pursuant to section 3107.031 of the Revised
Code.
(d) The adoption homestudy
approval shall expire at the end of the current approval
span.
(J) If
the final investigative report concludes that there was no falsification made
by the applicant, the agency shall:
(1) Resume
the homestudy process if the applicant chooses to proceed.
(2) Complete the homestudy within one hundred
eighty days from the date the investigative report was completed.
(K) Any documentation resulting
from the requirements of this rule shall be maintained in the record of the
adoptive applicant or adoptive family.
