Current through all regulations passed and filed through September 16, 2024
(A) All adoption homestudies shall be updated
every two years from the date of approval of the initial homestudy or the date
of approval of the most current update, whichever is more recent. If a
homestudy is simultaneously approved for adoption and certified for foster care
by the same agency, the spans shall be the same for both programs from the date
of the foster home certification.
(1) If an
approved adoptive home is subsequently certified for foster care by the same
agency that approved the home for adoption, the adoptive homestudy shall be
updated at the same time the home is initially certified for foster care so
that the spans will coincide.
(2)
If a certified foster home is subsequently approved for adoption by the same
agency that certified the home for foster care, the next adoption update shall
be completed when the current foster care certificate is recertified so that
the spans will coincide.
(B) The public children services agency
(PCSA), private child placing agency (PCPA), or private noncustodial agency
(PNA) shall ensure that employees or persons under contract with the agency to
complete adoption homestudy updates 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) The agency
shall notify the adoptive parent(s) of the date of expiration of the homestudy
not fewer than ninety days or more than one hundred fifty days prior to the
expiration date. The notification shall:
(1)
Identify any information or documentation that is required for the homestudy
update.
(2) Be completed on the JFS
01331, "Notice of Expiration and Reapplication for a Foster Home Certificate or
Adoption Homestudy Approval."
(D) Following agency notification to the
adoptive parent as required by paragraph (C) of this rule, if the adoptive
parent fails to either reapply or voluntarily terminate prior to the expiration
date of the approval, the homestudy approval shall expire. If the family wishes
to have an adoption homestudy approval after the expiration date, they shall
reapply through the initial homestudy application process pursuant to rule
5101:2-48-09 of the
Administrative Code.
Following the expiration of an adoption homestudy,
the agency is to enter the appropriate data into the
statewide automated child welfare information system (SACWIS) to close the
adoption homestudy.
(E) If the adoptive parent has applied to
update an adoption homestudy prior to the expiration of a current adoption
approval, an assessor shall complete a JFS 01385 "Assessment for Child
Placement Update," ensure that the adoptive parent remains in compliance with
the requirements of Chapter 5101:2-48 of the Administrative Code, and determine
the continued suitability of the adoptive family. The agency shall compile and
review the following documents, in addition to completing the JFS 01385:
(1) The most recent JFS 01653 "Medical
Statement for Foster Care/Adoptive Applicant and All Household Members"
completed for the applicant
and all household members . The agency may require a new JFS 01653 if the
agency deems it necessary.
(2) The
agency may require a report of a physical, psychiatric or psychological
examination or treatment of the adoptive parent(s) or other household member in
order to ensure the safety, health or care of an adoptive child. The
examination shall be conducted by a licensed physician, psychologist, or other
certified or licensed professional.
(3) The most recent fire inspection by a
state certified fire safety inspector or the state fire marshal's office using
the JFS 01200 "Fire Inspection Report for Residential Facilities Certified by
ODJFS" or other form used for
a local or state fire inspection. The agency may require a new fire inspection
at the time of the update if the agency deems it necessary to ensure the home
is free from conditions which may be hazardous to the safety of an adoptive
child.
(4) The most recent JFS
01681 "Applicant Financial Statement." The agency may require a new JFS 01681
if there have been any substantial changes to the adoptive family's financial
situation.
(5) The most recent well
water test approved by the health department, if applicable. The agency may
require a new well water test if the agency deems it necessary.
(6) The most recent JFS 01530 "Large Family
Assessment," if applicable. If the family circumstances have changed
substantially since the previous JFS 01530, or if a JFS 01530 was not
previously completed and is now required, the agency shall complete a new JFS
01530 at the time of the update.
(7) If the agency has the ability to complete
the search in SACWIS, the agency shall complete an alleged perpetrator search
of abuse and neglect report history through the system for each adoptive parent
and adult household member. If the agency does not have the ability to complete
the search in SACWIS, the agency shall request and
obtain a search of the system from ODJFS for each adoptive parent and
each adult household member.
(a) A report with
the results of the search shall be placed in the adoptive provider
record.
(b) This report is to be
used to determine the continued suitability of the adoptive family.
(8) The agency shall conduct a
safety audit utilizing the JFS 01348 "Safety Audit" completed within six months prior to
the approval of the adoption homestudy update, documenting the residence
continues to meet all safety standards.
(9) The most recent criminal records check
for the adoptive parents and adult household members. Once a homestudy is
approved, a new criminal records check shall be conducted, pursuant to section
2151.86 of the Revised Code, for
the adoptive parent(s) and each adult household member every four years prior
to approving the adoption update. If an existing resident of the home,
including youth placed in the home, turned eighteen years of age during the
current approval span, the agency shall have criminal records checks completed
at the time of the next update and every four years thereafter at the time of
update.
(10) A minimum of one
written reference from a professional who is knowledgeable of the family
dynamics and family functioning. If a reference is not available from a
professional, a personal reference from someone aware of the adoptive family's
functioning is permissible. This reference shall not be completed by
a household member. This
reference is required for families who are only approved for adoption by the
recommending agency. If the family is also certified for foster care by the
recommending agency, the reference is not required.
(11)
The agency is to
complete a check of the national sex offender registry at
www.nsopw.gov/
for the approved adoptive parent and each adult who
resides with the adoptive parent. The results are to be reviewed prior to each
adoption homestudy update. The adoption homestudy update may be denied solely
on the results of the search.
(F) An assessor's update of an adoption
homestudy shall include at least one home visit and one interview with each
member of the household (except foster children) based on his or her age and development currently
residing in the home. This may be a joint interview or individual
interviews.
(G) If an agency
receives a completed JFS 01331 at least thirty days prior to the expiration
date of the adoption approval, an agency shall follow the requirements listed
in this rule to complete the assessment for the update of the adoption
approval.
(1) At the completion of the
assessment and prior to the expiration of the current adoption homestudy
approval span,, an agency is to enter the required data
into SACWIS documenting one of the following:
(a)
Adoption update
approval.
(b)
Denial of the adoption update and closure of the
adoption homestudy.
(c)
Closure, based on receipt of voluntary
withdrawal.
(2) The effective date of the adoption
homestudy approval shall be the first day following the expiration of the
previous approval span.
(H) If an agency receives a completed JFS
01331 less than thirty days prior to the expiration of the adoption approval,
the agency may complete the requirements listed in this rule if they have
sufficient time and resources to complete the assessment and submit the
requirements in paragraph (G) of this rule prior to the expiration date of the
current approval span.
(1) If the agency is
unable to complete the update of the adoption approval prior to the expiration,
the adoption approval will expire on the date of expiration.
(2) If the adoption approval expires, the
agency shall, within ten days after the expiration date of the current approval
span:
(a) Provide written notification to the
family of the following:
(i) That the adoption
homestudy approval has expired.
(ii) That the family must reapply for initial
adoption approval pursuant to rule
5101:2-48-12 of the
Administrative Code if they would like to obtain adoption homestudy
approval.
(b) An agency
shall enter the
required data into
SACWIS to document the provider has closed
because the adoption homestudy approval has expired.
(I) The assessor shall
provide written notification to the applicant(s) of approval or denial of the
update to the adoption homestudy. The written notification shall be provided to
the adoptive family within ten days of completion of the adoption approval
update.
(1) Adoption homestudy update approval
notification shall include, at a minimum, the following information:
(a) Date of approval of the adoption
homestudy update with the date the update expires.
(b) A description of the characteristics of
the child or children for whom the update is being approved.
(2) Adoption homestudy update
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.
