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) shall
not deny any person the opportunity to become an adoptive parent 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 for adoption on the basis of RCNO of the adoptive parent, or of the child
involved.
(B) 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, do not supercede the
provisions of the Indian Child Welfare Act of 1978, P.L. 95-608,
25 U.S.C.
1901
-1963
.
(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 adoptive parent to meet those needs.
(D) Only the most compelling reasons may
serve to justify 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 adoptive parent. In those exceptional circumstances when
RCNO needs 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) A JFS 01689
"Documentation of the Placement Decision-Making Process," shall be completed at
each matching conference where families are considered as potential matches and
prior to the placement selection by the custodial agency, pursuant to rule
5101:2-48-16 of the
Administrative Code.
(F) Annually
each PCSA, PCPA, and PNA is to review and update their foster care and adoption
recruitment plan. The review and update is to be completed in the Ohio
statewide automated child welfare information system (SACWIS) by June thirtieth
each year.
(G) The following
actions by a PCSA, PCPA, or PNA are permitted as it applies to the adoptive
placement:
(1) Asking about and honoring any
initial or subsequent choices made by prospective adoptive parents regarding
what RCNO of child(ren) the prospective adoptive parents will accept.
(2) Honoring the decision of a child over
twelve years of age not to consent to an adoption, unless the court finds that
the adoption is in the best interest of the child and the child's consent is
not required.
(3) Providing
information and resources about adopting a child of another RCNO to prospective
adoptive parents who request such information and making known to all families
that such information and resources are available.
(4) Considering the request of a birth
parent(s) to place the child with a relative or non-relative identified by
name.
(5) Considering the RCNO of
the child as a possible factor in the placement decision when compelling
reasons serve to justify that the RCNO needs to be a factor in the placement
decision pursuant to paragraph (J) 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.
(6) 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 adoptive
parents.
(H) The agency
is required to document verbal comments, verbatim, or describing in detail any
other indication made by a prospective adoptive parent or prospective adoptive
family member living in the household or any other person living in the
household reflecting a negative perspective regarding the RCNO of a child for
whom the prospective adoptive family have expressed an interest in adopting.
(1) The documentation shall indicate whether
those comments were made before or after completion of the cultural diversity
training that is required for all adoptive applicants.
(2) The documentation shall be included in
the prospective adoptive family's homestudy, update, or in an addendum to the
homestudy or update prior to consideration of placement or a matching
conference. The matching conference committee shall consider the information to
determine if it will impact the placement.
(I) The following actions by a PCSA, PCPA, or
PNA are prohibited as it applies to the adoption process:
(1) Using the RCNO of a prospective adoptive
parent to differentiate between adoptive placements for a child(ren), unless
the procedures in paragraphs (J) to (N) of this rule are followed.
(2) Honoring the request of a birth parent(s)
to place a child with a prospective adoptive parent(s) of a specific
RCNO.
(3) Requiring a prospective
adoptive family to prepare or accept a transracial adoption plan.
(4) Using culture or ethnicity as a proxy for
RCNO.
(5) Delaying or denying
placement of a child based upon any of the following:
(a) The geographical location of the
neighborhood of the prospective adoptive family 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 adoptive parents of children of a different
RCNO than required of other prospective adoptive parents.
(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 adoptive parents of a particular
RCNO to care for or nurture the sense of identity of a child of another
RCNO.
(9) Steering prospective
adoptive parents away from parenting a child of another RCNO. "Steering" is any
activity that attempts to discourage prospective adoptive parents from
parenting a child of a particular RCNO.
(J) 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.
(K) 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.
(L)
The licensed professional conducting the assessment shall not be employed by
the PCSA or PCPA making the referral.
(M) 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 (J) 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 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 adoptive
placement.
(5) A licensed
professional shall not complete an assessment pursuant to paragraph (J) of this
rule until the PCSA or PCPA has provided the licensed professional with copies
of the following:
(a) The JFS 01607 "MEPA
Educational Materials."
(b) The JFS
01611 "Non-discrimination Requirements for Foster Care and Adoptive
Placements."
(c) Rule
5101:2-42-18.1 of the
Administrative Code.
(d) Rule
5101:2-48-13 of the
Administrative Code.
(e) Rule
5101:2-48-16 of the
Administrative Code.
(6)
The licensed professional shall sign the JFS 01608 "Licensed Professional's
Statement" acknowledging receipt of the materials required by paragraph (M) (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 1688, if applicable to ODJFS within 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 following documents shall be
presented as part of the placement decision making process at each matching
conference in which the child is considered for a match with a prospective
adoptive family:
(a) The JFS 01688, if
applicable.
(b) The JFS 01690
"Documentation of the Pre-Adoptive Staffing and Updates."
(c) All other relevant supporting
materials.
(10)
Documentation of how RCNO impacted the placement decision shall be documented
on the JFS 01689 pursuant to rule
5101:2-48-16 of the
Administrative Code.
(11) The PCSA
or PCPA shall submit the JFS 01689 to ODJFS within ten days of the matching
conference if the PCSA or PCPA determined that RCNO should be a factor
considered in the child's placement.
(N) 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 documented in the
file.
(O) A PCSA, PCPA, or PNA
shall not intimidate, threaten, coerce, or in any way discriminate or retaliate
against any person who has filed any complaint orally or in writing, testified,
assisted, or participated in any manner in the investigation of any alleged
violation of MEPA and/or Title VI, including:
(1) Any potential or approved adoptive family
or foster caregiver.
(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 or PCPA, such as a guardian ad litem
(GAL) or court appointed special advocate (CASA) volunteer.
(P) Prohibited retaliatory conduct
includes, at a minimum:
(1) A reduction in the
size of an adoption subsidy which a family should receive based on the child's
individual needs.
(2) Unwarranted
poor evaluations of an employee by his or her supervisor.
