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
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.
