Current through all regulations passed and filed through September 16, 2024
(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 nondiscrimination 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.
