Current through all regulations passed and filed through September 16, 2024
(A) Prior to placing a child with the
adoptive parent(s), the public children services agency (PCSA) or private child
placing agency (PCPA) shall provide the prospective adoptive parent(s) with
information about the child and any special needs of the child, identified or
anticipated, and available resources to assist the prospective adoptive
parent(s) in making an informed decision about the placement.
If a newborn child is placed from a hospital into an
adoptive home, the PCSA or PCPA is to provide the information required in this
rule to the adoptive parent(s) as soon as it is available, but no later than
thirty days after the adoptive placement.
(B) Prior to the date of adoptive placement,
the PCSA or PCPA shall, as applicable:
(1)
Provide the prospective adoptive parent(s) with the child study inventory. The
information disclosed to the adoptive parent(s) shall include all background
information available on the child in accordance with rule
5101:2-48-21 of the
Administrative Code.
(2) Provide the adoptive family with written
information describing types of behavior that the prospective adoptive parent
may anticipate from children who have experienced abuse and neglect, suggested
interventions, and the post adoption services available if the child exhibits
those types of behavior after adoption.
(3) Provide the prospective adoptive
parent(s) with information regarding any childspecific financial and medical
resources, known or anticipated, including subsidy information.
(4) Provide the prospective adoptive
parent(s) with the child's lifebook.
(5) Provide the prospective adoptive
parent(s) with materials the biological parent(s) requested be given to the
adopted person or adoptive parent(s), if authorization is given on the JFS
01693 "Ohio Law and Adoption Materials."
(6) Provide the
prospective adoptive parent(s) with photographs of the biological parent(s)
that the birth parent requested be given to the adopted person or adoptive
parent(s), if authorization is given on the JFS 01693.
(7) Provide the prospective adoptive
parent(s) with the biological parent's first name, if authorization is given on
the JFS 01693.
(8) Provide the
prospective adoptive parent(s) with the child's social security number, if
applicable.
(C) Prior to the adoptive placement, the PCSA or PCPA
shall provide a written report to the adoptive parent(s) if the child has been
adjudicated a delinquent for an act to which of any of the following offenses
apply:
(1) Aggravated murder.
(2) Murder.
(3) Voluntary manslaughter.
(4) Involuntary manslaughter.
(5) Felonious assault.
(6) Aggravated assault.
(7) Assault.
(8) Rape.
(9) Sexual battery.
(10) Gross sexual imposition.
(11) Conspiracy involving an attempt to
commit aggravated murder or murder.
(12) Any other offense that would be a felony
if committed by an adult, and the child was found to be using or in possession
of a firearm when the child committed the offense.
(13) Any other offense that would be a felony
if committed by an adult, and the child was found to be wearing or carrying
body armor when the child committed the offense.
(D)
The written report required for those children
adjudicated delinquent pursuant to
paragraph (C) of this rule shall include the following
information:
(1) A descriptive summary of the
child's social history.
(2) Unless
a child's record has been sealed pursuant to section
2151.356 of the Revised Code, a
description of all the known acts committed by the child that resulted in the
court making a disposition that the child is adjudicated delinquent. If the
agency knows the child's record has been sealed, the prospective adoptive
parent(s) shall be informed in writing by the agency that the child's record of
a prior delinquency adjudication has been sealed.
(3) A description of any other violent act(s)
committed by the child of which the PCSA or PCPA is aware.
(4) The substantial and material conclusions
and recommendations of any psychiatric or psychological examination conducted
on the child.
(a)
Pursuant to section
2152.72 of the Revised Code, if
a child has been adjudicated delinquent for any of the crimes listed in
paragraph (C) of this rule, the custodial agency is to ensure that a new
psychological examination of the child is completed unless either of the
following apply:
(i)
A psychological examination of the child has been
conducted within twelve months prior to the child's placement in the adoptive
home and the child's record has not been sealed in accordance with section
2151.36 of the Revised
Code.
(ii)
A psychological examination of the child has been
conducted within twenty-four months prior to the date of the adoptive placement
when the child is being adopted by their foster
caregiver.
(b) If no
psychological or psychiatric examination of the child is available, the agency
shall include the substantial and material conclusions and recommendations of
an examination to detect mental and emotional disorders conducted in compliance
with the requirements of Chapter 4757. of the Revised Code by one of the
following licensed professionals:
(i) An
independent social worker.
(ii) A
social worker.
(iii) A licensed
professional clinical counselor.
(iv) A licensed professional
counselor.
(v) An independent
marriage and family therapist.
(vi)
A marriage and family therapist.
(c) The agency shall
not provide any part of the examination to the adoptive parent(s) other than
the substantial and material conclusions and recommendations.
(d)
If a new
psychological examination was required pursuant to this rule, the custodial
agency is to provide the prospective adoptive parent with the substantial and
material conclusions and recommendations within sixty days of the date of the
adoptive placement. The custodial agency is not to provide any part of an
examination required by this rule to the prospective adoptive parent other than
the substantial and material conclusions and recommendations.
(E) In accordance with sections
2152.72 and
2152.99 of the Revised Code, it
is a minor misdemeanor for any person, including staff of a PCSA or PCPA
responsible for a child's placement in a prospective adoptive home or staff of
a PNA responsible for the prospective adoptive home, to fail to provide the
prospective adoptive parent(s) with the information required by paragraphs
(C) and (D) of this rule. It is not a violation of confidentiality to provide
such information.
(F) If a custodial agency places a child who has been
adjudicated delinquent for any of the offenses listed in paragraph
(C) of
this rule in a prospective adoptive home with the assistance of or by
contracting with another agency, then all of the following apply:
(1) The custodial agency shall provide the
other agency with the information outlined in
paragraphs
(C) and
(D) of this rule.
(2) The
agency providing assistance to or contracting with the custodial agency shall
provide written
acknowledgment to the custodial agency that the
information
outlined in paragraphs
(C) and (D) of this rule was
received.
(3) The custodial
agency shall keep the acknowledgment and provide a copy to the other agency.
(G)
The adoptive family case record and the adoptive child
case record shall contain documentation of the information provided to
the adoptive family and of the family's receipt of the information required in
this rule.
