Current through all regulations passed and filed through September 16, 2024
(A) Prior to an agency sharing use of a
foster home that has been recommended for certification by another agency, the
agency wishing to use the home shall obtain a written agreement signed by the
recommending agency stating how the home is to be used and that all parties
affected by the agreement approve of it. The recommending agency shall provide
a copy of the agreement to the foster caregiver(s) and all agencies currently
using the home.
(B) An agency shall
not solicit homestudies or transfers from other agencies for the purpose of
locating a family of a specific race, color or national origin.
(C) Pursuant to the transfer conditions
listed throughout this rule, a foster home shall only be considered for a
transfer to another agency that recommends foster homes of the type that the
caregiver is qualified to provide. If a transfer is approved for a foster
caregiver certified to operate a specialized foster home to an agency that does
not operate a specialized foster home program, the caregiver shall agree that
upon execution of the transfer, the foster home designation will be identified
as a family foster home.
(D) An
agency shall consider a transfer request of a foster home from another agency
only if the foster caregiver has been certified with the recommending agency
for a minimum of one year. A foster caregiver shall not transfer more than once
during a certification period. Exceptions to these limitations may be made in
the following circumstances:
(1) If a foster
caregiver has relocated to a county not served by the foster caregiver's
recommending agency.
(2) If the
foster caregiver's recommending agency ceases to recommend foster homes for
certification to the Ohio department of job and family services (ODJFS) or
ceases to recommend the type of foster home that the caregiver is currently
certified to provide.
(3) If both
the sending and receiving agency agree to the transfer of the foster
home.
(E) Upon receipt
of a written request from a foster caregiver who meets the requirements of
paragraph (D) of this rule and who expresses a desire to transfer from their
current recommending agency, a receiving agency shall make a determination
whether to further consider the transfer request.
(1) If the receiving agency decides to
continue the review of the transfer, the receiving agency shall notify the
foster caregiver's current recommending agency in writing to inform them of the
transfer request and to request a complete copy of the caregiver's foster home
record, with the exception of references and criminal background
checks.
(2) The receiving agency
shall only accept documentation located in the foster home record from the
recommending agency. The records shall not be accepted directly from the foster
caregiver or other individual. A caregiver may provide other information to the
receiving agency that the caregiver considers to be relevant.
(F) Upon receipt of the transfer
request from the receiving agency:
(1) If the
recommending agency has previously made a decision not to place any additional
children in the foster caregiver's home, it shall inform the receiving agency
of this decision and the reason why this decision was made. If the receiving
agency still wishes to proceed with exploring the transfer request, it shall
notify the recommending agency in writing.
(2) The recommending agency shall ensure that
a signed release of information has been obtained from the foster caregiver
authorizing release of the record. The release may be initiated by either
agency or the foster caregiver.
(3)
The recommending agency may charge the receiving agency a reasonable fee for
copying or scanning the records, not to exceed twenty-five cents per page. No
additional fee shall be charged to any party. If a fee is charged to copy or
scan the records, the records shall not be sent until the fee is
paid.
(4) While the transfer
request is pending, the recommending agency shall continue to work with the
foster caregiver as it does with all other foster caregivers associated with
the agency. The recommending agency shall continue to provide the caregiver
with notification of training events needed pursuant to the foster caregiver's
needs assessment and continuing training plan. The recommending agency shall
allow the foster caregiver to attend any such events and shall continue to meet
with the caregiver regarding the care of any child placed in the
home.
(G) Within fifteen
working days of receipt of the signed release of information and any applicable
fee, the recommending agency shall forward a complete copy of the foster home
record, with the exception of references and criminal background checks. The
record shall be sent electronically, by certified mail, return receipt
requested, or hand delivered by agency staff. If records are hand delivered,
the recommending agency shall be provided with a receipt showing the date the
records were delivered to the receiving agency. The receiving agency shall also
document the date the record was received. The record shall include the
following:
(1) The most recent initial
homestudy and all homestudy recertifications.
(2) The most recent report of the alleged
perpetrator search of child abuse and neglect information from the statewide
automated child welfare information system (SACWIS).
(3) Training records.
(4) Fire inspection reports.
(5) Safety audits.
(6) Medical reports.
(7) Foster home exit interviews.
(8) Complaint or rule noncompliance
investigations and any applicable corrective action plans. If there are any
outstanding investigations or corrective action plans that have not been fully
completed or implemented, the recommending agency shall notify the receiving
agency of the nature of those investigations and corrective action
plans.
(H) Upon receipt
of the foster caregiver's records, the receiving agency shall assign an
assessor to review the information received and conduct an assessment of the
transfer request.
(1) In addition to reviewing
the recommending agency's records and any information provided by the
caregiver, the assessor shall:
(a) Contact
staff from the current recommending agency and the caregiver to determine the
reasons why the request to transfer is being made at this time.
(b) Determine if there are foster children in
the home, and, if so, identify the agency with custody of the
child(ren).
(c) Make at least one
visit to the foster home and conduct a face-to-face interview with each foster
caregiver and all other household members over the age of four.
(d) Receive three new personal references for
the foster caregiver(s) from persons who are unrelated to the caregiver(s) and
do not live in the foster home.
(e)
Receive new references from all adult children of the caregiver(s). If the
adult children are unable or unwilling to provide a reference this shall be
assessed during the transfer process and documented in the caregiver
record.
(f) Conduct a new criminal
records check for all persons subject to a criminal records check residing in
the foster home. Results shall be obtained, reviewed and approved prior to
accepting the transfer request.
(g)
Complete a new safety audit of the foster home on the JFS 01348 "Safety Audit"
to ensure the home meets all current safety requirements for foster
homes.
(2) If the record
indicates that there are outstanding investigations or corrective action plans
that have not been fully implemented, the assessor shall not recommend
acceptance of the transfer unless the assessor is satisfied that any
outstanding investigations or plans are not material to the request to transfer
the home and do not jeopardize the safety of any children who are or may be
placed in the home.
(3) If there
are foster children currently placed in the home, all custodial agencies must
approve of the transfer of the foster home, as evidenced by the custodial
agency signature(s) on the JFS 01334 "Notification of Transfer of a Foster
Home."
(a) If the custodial agency does not
agree to the transfer while a child in its custody is placed in the home, the
transfer shall not take place until that child is no longer placed in the
home.
(b) No child shall be removed
from a foster caregiver's home solely because the caregiver has requested a
transfer from one agency to another.
(4) If a transfer request of a foster home is
pending within ninety days immediately prior to the expiration of the
certificate, the current recommending agency and the receiving agency may
determine through mutual agreement which agency will conduct the
recertification of the foster home. If there is no agreement between the
agencies, the current recommending agency shall be responsible for completing
the recertification of the home.
(5) The assessor shall complete the transfer
assessment within sixty days of the date the complete record was received from
the current recommending agency. If the transfer assessment cannot be completed
in that timeframe, the assessor shall document the reason(s) in the
record.
(I) Upon the
completion of the assessment, the assessor shall make a final recommendation
regarding the transfer and document that decision in the receiving agency's
record. Written notice of the decision shall be given to the foster caregiver
and the recommending agency within five working days of the date the decision
was made. The decision to approve or reject the transfer request rests solely
with the receiving agency, subject to the process of approval of ODJFS and the
custodial agency of any foster child(ren) placed in the home. Nothing in this
rule shall be construed to require an agency to accept the transfer of a foster
home from another agency. The rejection of a transfer creates no right of
appeal pursuant to Chapter 119. of the Revised Code for any party of the
transfer request.
(J) If the
decision is to deny the transfer request, all information contained in the copy
of the caregiver's record from the current recommending agency, as well as any
information gathered during the transfer assessment, including the written
recommendation to deny the request, shall be maintained in the caregiver's
record for at least two years.
(K)
If the decision is to approve the transfer request, all information contained
in the copy of the caregiver's record from the current recommending agency, as
well as any information gathered during the transfer assessment shall be
incorporated into the receiving agency's foster care provider record.
(1) If the sending agency has the appropriate
access to SACWIS, the sending agency shall enter the applicable data into the
system to complete the transfer to the receiving agency.
(2) If the sending agency does not have the
appropriate access to SACWIS to enter the transfer, then either the sending
agency or the receiving agency shall make a recommendation to ODJFS to transfer
the foster home by submitting the completed JFS 01334 containing all applicable
signatures.
(3) The certificate
shall be effective from the date of transfer until the end of the current
certification period. If the foster caregiver is upgrading the type of foster
care the home will provide, the caregiver shall begin a new two year
certification starting on the date of transfer due to the increased training
requirements.
(4) The transfer of a
foster home to a receiving agency has the effect of conferring upon the
receiving agency all the duties of a recommending agency contained in Chapter
5101:2-5 of the Administrative Code.
(5) Prior to or not later than thirty days
after a transfer request has been processed by ODJFS, the receiving agency
shall provide an orientation to the foster caregiver of the agency's foster
care policies and procedures.
(L) Upon receipt of a signed release of
information form, an agency shall release a copy of a foster care homestudy to
an adoption agency when the foster caregiver is being considered as an adoptive
parent.
