Current through all regulations passed and filed through September 16, 2024
(A) The
public children services agency (PCSA) director or their designee
will
serve as the assistant deputy compact administrator (ADCA) for the agency in
carrying out responsibilities involving interstate compact on the placement of
children (ICPC). The ADCA
is to meet the qualifications of a child welfare
caseworker. The responsibilities of the ADCA include:
(1) Receiving and reviewing all documents and
communications between the PCSA and compact administrators for sending states
and territories who are requesting services from the PCSA for children in the
custody of an out-of-state children services agency. This excludes incoming
residential requests and requests for foster or adoptive placement with a
family already licensed or approved through a private agency with which the
PCSA has not contracted.
(2)
Reviewing and authorizing all documents and communications in which the PCSA is
requesting placement approval and/or services for children in the agency's
custody who are being considered for placement out-of-state and/or require
supervision by a children services agency of a receiving state or
territory.
(3) Ensuring all
required documentation sent and received is in compliance with all regulations
as listed at
https://aphsa.org/AAICPC/AAICPC/Resources.aspx.
(4) Reviewing the home study and information
on the child to determine if placement appears to be safe and appropriate for
the specific child and signing the ICPC 100A indicating approval or denial of
the placement based on the information reviewed.
(5) Entering data into
Ohio's CCWIS for all
incoming and outgoing ICPC cases to enable the
Ohio department of children and youth (DCY) to pull
data for federal reporting purposes.
(6) Coordinating with
DCY for
technical assistance and assurance of compliance with ICPC
requirements.
(B) Visits
are exempt from ICPC if all of the following apply:
(1) The intention is to provide the child
with a social or cultural experience of a short duration such as a stay in a
camp or with a friend or relative.
(2) The party with whom the child is staying
is not proposed to assume legal responsibility or serve as a placement resource
on a temporary or permanent basis.
(3) No services are being requested of the
receiving state during the time of the visit.
(4) The visit has a defined ending date and
will not be extended or renewed in a manner which causes the visit to exceed
thirty days or a school vacation period.
(C)
Unless the
placement meets the criteria for one of the exceptions listed in the ICPC
articles or regulations,
the PCSA
is not
to place any child in another state or territory
without the approval by the
designated ICPC
staff of the receiving state or territory as evidenced by the signed JFS
01661 "Interstate Compact Placement Request (ICPC 100A)"
indicating placement may be
made. All regulations as listed at
https://aphsa.org/AAICPC/AAICPC/Resources.aspx
are to
be followed when placing a child into another state.
(D) If a PCSA is planning to place a child in
its custody in another state or territory, the PCSA
is to initiate
a request by sending the following to the
appropriate ICPC
office of the receiving state or territory for each placement resource
being considered. Multiple copies
are to be sent only when paper documents are
being mailed. Only one copy
is to be provided when being sent electronically.
The request
is to be sent using the national electronic ICPC enterprise ( NEICE) interface in
Ohio's CCWIS
when applicable.
(1) Four copies of the JFS
01661 (ICPC 100A) for each child, if not sent
electronically, signed by the assistant deputy compact administrator for
the agency.
(2) Two packets, if sent via mail, containing the following
information:
(a) A cover letter clearly
identifying the service being requested and the name, office location, and
telephone number of the originating supervisor making the request.
(b) A signed statement from the assigned
sending agency case manager that includes the following:
(i) Confirmation the potential placement
resource is interested in being a placement resource for the child and is
willing to cooperate with the ICPC process.
(ii) The name and current physical and
mailing address of the placement resource and all available telephone numbers
and other contact information for the potential placement resource.
(iii) A description of the number and type of
bedrooms in the home of the potential placement resource to accommodate the
child(ren) under consideration for placement and the number of people,
including the children, who will be residing in the home if placement is
made.
(iv) Acknowledgment by the
potential placement resource that he or she has sufficient financial resources
or will access financial resources to feed, clothe, and care for the
child(ren), including child care, if needed.
(v) Acknowledgment by the potential placement
resource that a criminal records check and child abuse history check will be
completed for any persons residing in the home who are required to be screened
according to the laws of the receiving state.
(c) A current case history summary that
includes:
(i) All available social, medical,
developmental, psychological and educational information. Medical information
is to
include immunization records, if available to the PCSA.
(ii) The family history of the biological
parents, including history of the family's involvement with the PCSA and the
court system. If the request is for a sibling group, family history need not be
duplicated for each child.
(iii)
The reason for placement in another state. If the child(ren) were previously
placed with the potential placement resource in the sending state the PCSA
is to
provide all relevant information regarding that placement to the receiving
state, if available.
(d)
The family case plan prepared pursuant to Chapter
5101:2-38 of the Administrative Code for each child.
(e) The child's social security number and
birth certificate if available.
(f)
A copy of the most recent court order within the last year.
(g) A copy of a JFS 02424 "ICPC Placement
Financial Information Form."
(h)
If the PCSA is placing a child into a children's residential center, each
packet
is
to include:
(i) If the child is
adjudicated delinquent, court documentation
will be
provided indicating a placement for the child is not available in the PCSA's
jurisdiction and the placement is in the best interest of the child and will
not produce undue hardship on the child.
(ii) A letter of acceptance from the
residential facility.
(i) If the PCSA is placing a child into an
adoptive home, each packet
will include:
(i) Documentation indicating the child is
legally free for adoption by submitting the JFS 01666 "Permanent Surrender of a
Child" or a court document
demonstrating that parental rights have been terminated; and the agency has
authority to place the child for adoption.
(ii) The JFS 01695 "Application For Search Of
Ohio's Putative Father Registry" .
(iii)
Documentation pursuant to Chapter 5101:2-53 of the Administrative Code that the
requirements are met regarding the Indian Child Welfare Act of 1978 (Pub. L.
95-608).
(iv) The JFS 01616 "Social
And Medical History" for the
biological family.
(v) A copy of
the approved adoptive homestudy on the proposed placement resource, if
available.
(j) If a
court has ordered the priority placement of a child, the PCSA
should
include the JFS 01663 "Sending State's Priority Home Study Request" (ICPC 101)
with the court order. The
court may only order priority placements when both of the following conditions
apply:
(i) The proposed placement is a
relative in one of the following categories:
(a) Parent.
(b) Step-parent.
(c) Grandparent.
(d) Adult brother or sister.
(e) Adult uncle or aunt.
(f) Legal guardian.
(ii) At least one of the following conditions
applies to at least one child who is being considered in the placement request:
(a) The child is four years of age or
younger.
(b) The child is in an
emergency shelter.
(c) The child
has a substantial relationship with the parent or relative who is the potential
placement resource. For the purposes of this rule, substantial relationship
means the proposed placement has a familiar or mentoring role with the child,
has spent more than cursory time with the child, and has established more than
a minimal bond with the child.
(d)
An unexpected dependency due to a sudden or recent incarceration,
incapacitation, or death of a parent or guardian. For the purposes of this
rule, incapacitation means a parent or guardian is unable to care for a child
due to a medical, mental, or physical condition of the parent or
guardian.
(E) Upon approval by the receiving state or
territory as evidenced by a signed JFS 01661 (ICPC 100A) indicating that the
placement may be made, the PCSA holding custody of the child
will be
responsible for:
(1)
Making
arrangements for the child to travel to the receiving state if deciding to
place.
(2)
Submitting the JFS 01662 "Interstate Compact Report on
Child's Placement Status (ICPC 100B)" to the compact or deputy compact administrator of the other
state within ten business days of the child's placement or within ten business
days of determining the placement will not be made. If the JFS 01662 (ICPC
100B) is not submitted within the six month timeframe, the approval for the
placement will expire.
(3)
Maintaining financial responsibility for the care,
medical care and education of the child and
retaining
jurisdiction of the child until one of the following occurs:
(a) The child is adopted.
(b) The child reaches the age of majority or
is legally emancipated, as defined by the association of administrators of the
interstate compact on the placement of children (AAICPC.)
(c) The child returns to Ohio.
(d) The child's custody is transferred to the
placement resource, with concurrence from the receiving state.
(F) The PCSA
is to
submit two copies of the JFS 01662 (ICPC 100B) if being sent via mail or one
copy if being sent electronically to the
appropriate ICPC
office of the receiving state within ten business days if any of the
following occurs for a child the PCSA has placed:
(1) The placement disrupts.
(2) The child has been discharged from
placement.
(3) The adoption has
finalized.
(4) The agency's custody
has terminated. The receiving state or territory
is to concur
with custody terminations and case closure unless the child has legally
emancipated after the age of eighteen.
(G) Upon notification from the appropriate
authority in the receiving state, from the agency supervising the placement, or
from the Ohio ICPC office, that a child's return is necessary, the PCSA holding
custody of the child
is to arrange for the child's return or for an
alternative placement. All costs associated with the child's return or
alternative placement
will be the responsibility of the PCSA.
(H) If the placement is for a foreign born
child being placed across state lines subsequent to the child's arrival to the
United States, the original documentation and a certified translation of all
legal documents verifying the child's birth and the agency's or adoptive
parent's authority to place the child
are to be included.
(I) For all interstate placements from Ohio
into another state, the PCSA
is to continue to follow:
(1)
Family
case
planning requirements pursuant to Chapter 5101:2-38 of the Administrative Code,
if applicable.
(2) Semiannual
administrative reviews pursuant to rule
5101:2-38-10 of the
Administrative Code, if applicable.
(3) Supervision requirements pursuant to the
regulations of the interstate compact, located at
https://aphsa.org/AAICPC/AAICPC/Resources.aspx.
(J) If a PCSA receives a request
from the
appropriate ICPC staff of
a sending state or territory to conduct a home assessment for an Ohio placement
resource, the PCSA
is to:
(1)
Record the information into
Ohio's CCWIS pursuant to rule
5101:2-36-01 of the
Administrative Code.
(2) Prepare
the home assessment in accordance with the administrative rule governing the
placement resource being considered. The assistant deputy compact administrator
of the PCSA cannot sign as the person approving the homestudy.
(a) A foster home
is to be
evaluated pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative
Code.
(b) An adoptive home
is to
be evaluated pursuant to Chapter 5101:2-48 of the Administrative
Code.
(c) A relative or
non-relative kin home
is to be evaluated pursuant to rule
5101:2-42-18 of the
Administrative Code unless the sending state requires the relative or
non-relative kin to be certified as a foster home.
(d) If a parent home is to be evaluated, rule
5101:2-42-18 of the
Administrative Code may be used as a guideline, however the restrictions listed
in paragraphs (F) and (G) of rule
5101:2-42-18 of the
Administrative Code do not apply to parent home assessments, unless the sending
state requires the parent to be certified as a foster parent or approved as an
adoptive home.
(3)
Submit two packets containing the results of the home assessment if sent via
mail or one packet if sent electronically to the compact or deputy compact
administrator of the sending state within sixty days from the date in which the
PCSA received the request. Each packet
is to contain
the following information:
(a) The home
assessment narrative.
(b) A written
statement that assures:
(i) The prospective
caregivers were provided all available information about the child.
(ii) The agency's recommendation of the
approval or denial of the placement resource is based on the caregivers'
ability and willingness to care for the specific child proposed for
placement.
(iii) A signed 100A form
from the sending state or territory, equivalent to the JFS 01661, approving or
denying the placement of the child.
(iv) All required attachments to the
narrative in accordance with the rule for the type of home that is the subject
of the assessment, such as copies of criminal background checks, references,
etc.
(4) If
an initial home assessment cannot be completed and a recommendation made within
sixty days, send written notice of the delay to the
designated ICPC staff of the sending state or
territory prior to the expiration of the sixty day period. Delays of initial
home assessments can result in federal financial sanctions to state and/or
receiving agencies found out of compliance. The written notice
is to
include the narrative portion of the home study along with information
regarding documentation not yet completed and approximate expected completion
date. The date the narrative was sent
is to be entered in the appropriate field on the
ICPC record in
Ohio's CCWIS.
(K) If a court in the sending state or
territory has ordered the placement of the child to be a priority, the PCSA
is to
conduct the home assessment and submit the requested packets outlined in
paragraph (J) of this rule to the
designated ICPC
staff of the sending state or territory within twenty business days from
the date the overnight mailing or electronically submitted packet was received.
The court may only order priority placements if conditions referenced in
paragraph (D)(2)(j) of this rule apply.
(L) Upon notification a child has been placed
in a placement the PCSA has approved as indicated by the signed 100A form from
the sending state or territory, equivalent to the JFS 01661, the PCSA
is to:
(1) Begin providing supervision and submit
supervisory reports in accordance with the regulations of the interstate
compact as referenced in paragraph (I)(3) of this rule and as requested by the
compact or deputy compact administrator of the sending state or
territory.
(2) Notify the compact
or deputy compact administrator of the sending state or territory if the
child's placement disrupts and there is a need to make immediate plans for the
child's return to the sending state or for an alternative placement.
(M) The PCSA
is to
maintain information in
Ohio's CCWIS regarding services it requests and
provides on behalf of children being considered for placement or placed across
state lines to enable
DCY to comply with federal reporting requirements
related to interstate requests and placements.
