Current through all regulations passed and filed through December 16, 2024
(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 a foster caregiver 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 into foster care on the basis of RCNO of
the foster caregiver or of the child involved.
(B) The Multiethnic Placement Act of 1994 as
amended by Section 1808 of the Small Business Job Protection Act of 1996,
42 U.S.C.
622(b)(7),
671(a)(18),
674(d)
and
1996(b)
(MEPA) and Title VI of the Civil Rights Act of 1964,
42
U.S.C. 2000d, as they apply to the foster
care process, do not supercede the provisions of the Indian Child Welfare Act
of 1978,
25 U.S.C.A.
1901.
(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 foster caregiver to meet those needs.
(D) Only the most compelling reasons may
serve to justify the 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 foster caregiver. In those exceptional circumstances
when RCNO need 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) The following actions
by a PCSA, PCPA, and PNA are permitted as it applies to the foster care
placements.
(1) Asking about and honoring any
initial or subsequent choices made by prospective foster caregivers regarding
what RCNO of child the prospective foster caregivers will accept.
(2) Providing information and resources about
fostering a child of another RCNO to prospective foster caregivers who request
such information and making known to all families that such information and
resources are available.
(3)
Considering the request of a birth parent(s) to place the child with a relative
or non-relative identified by name.
(4) Considering the RCNO of the child as a
possible factor in the placement decision when compelling reasons serve to
justify that the RCNO need to be a factor in the placement decision pursuant to
paragraph (G) 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.
(5) 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 foster
caregivers.
(6) Documenting verbal
comments, verbatim, or describing in detail any other indication made by a
prospective foster caregiver or prospective foster caregiver family member
living in the household or any other person living in the household reflecting
a negative perspective regarding the RCNO for whom the prospective foster
family have expressed an interest in fostering.
(a) The documentation shall indicate whether
those comments were made before or after completion of the cultural diversity
training that is required for all foster care applicants.
(b) The documentation shall be included in
the family's homestudy, update, or an addendum to the homestudy or update prior
to consideration of placement.
(F) The following actions by a PCSA, PCPA,
and PNA are prohibited as it applies to the foster care process:
(1) Using the RCNO of a prospective foster
caregiver to differentiate between foster care placements for a child, unless
the procedures in paragraphs (G) to (K) of this rule are followed.
(2) Honoring the request of a birth parent(s)
to place a child with a foster parent(s) of a specific RCNO unless the birth
parent(s) identifies a relative or non-relative by name and that person is
found to meet all relevant state child protection standards and the agency
determines that the placement is in the best interests of the child.
(3) Requiring a prospective foster family to
prepare or accept a transracial foster care plan.
(4) Using culture or ethnicity as a proxy for
RCNO.
(5) Delaying or denying
placement of a child based upon the following:
(a) The geographical location of the
neighborhood of the prospective foster caregiver 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 foster caregivers of children of a different
RCNO than is required of other prospective foster caregivers.
(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 foster caregivers of a particular
RCNO to care for or nurture the sense of identity of a child of another
RCNO.
(9) Steering prospective
foster caregivers away from parenting a child of another RCNO. "Steering" is
any activity that attempts to discourage prospective foster caregivers from
parenting a child of a particular RCNO.
(G) 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.
(H) 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.
(I)
The licensed professional conducting the assessment shall not be employed by
the PCSA or PCPA making the referral.
(J) 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 (G) 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's 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
substitute care placement.
(5) The
licensed professional shall not complete an assessment pursuant to paragraph
(G) of this rule until the PCSA or PCPA has provided the licensed professional
with copies of this rule and each of the following:
(a) JFS 01607 "MEPA Educational Materials."
(b) The JFS
01611 "Non-discrimination Requirements for Foster Care and Adoptive
Placements."
(c) Rule
5101:2-48-13 of the
Administrative Code.
(d) Rule
5101:2-48-16 of the
Administrative Code.
(6)
The licensed professional shall sign the JFS 01608 "Licensed Professional
Statement" acknowledging
receipt of the materials required in paragraph (J)(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 01688, if applicable
to the Ohio department of job and family services (ODJFS) 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 JFS 01688 shall be considered as part of the placement decision making
process.
(K) 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
in the file.
(L) A PCSA, PCPA, or
PNA shall not intimidate, threaten, coerce, or in any way discriminate or
retaliate against any person who has filed an oral or written complaint,
testified, assisted, or participated in any manner in the investigation of an
alleged violation of MEPA and Title VI. This includes:
(1) Any prospective or certified foster
family.
(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, PCPA or PNA
such as a guardian ad litem (GAL) or court appointed special advocate (CASA)
volunteer.
(M)
Prohibited retaliatory conduct includes, at a minimum:
(1) A reduction in the amount of foster care
payments which a family should receive based on the child's needs.
(2) Unwarranted poor evaluations of an
employee by his or her supervisor.
