Current through all regulations passed and filed through December 11, 2023
(A) The public children services agency
(PCSA) director
or their designee shall
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 shall 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 the statewide automated child
welfare information system (SACWIS) for all incoming and outgoing ICPC cases to
enable the Ohio department of job and family services (ODJFS) to pull data for
federal reporting purposes.
(6) Coordinating with
ODJFS 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) The PCSA shall not place any child in
another state or territory without the approval by the compact or deputy
compact administrator of the receiving state or territory as evidenced by the
signed JFS 01661 "Interstate Compact Placement Request (ICPC 100A)" (rev.
7/2016) indicating placement may be made.
All regulations as listed at https://aphsa.org/AAICPC/AAICPC/Resources.aspx shall 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 shall initiate a request by sending the following to the compact or deputy
compact administrator of the receiving state or territory for each placement
resource being considered. Multiple copies shall be
sent only when paper documents are being mailed. Only one copy shall be
provided when being sent electronically. The request shall be sent using the
NEICE interface in SACWIS when applicable.
(1) Four copies of the JFS 01661 (ICPC 100A)
for each child, signed by the assistant deputy compact administrator for the
agency.
(2) Two packets 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
shall 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
shall provide all relevant information regarding that placement to the
receiving state, if available.
(d) The 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" (rev. 6/2009).
(h) If the PCSA is placing a child into a
children's residential center, each packet shall include:
(i) If the
child is adjudicated delinquent, court documentation shall 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 shall include:
(i)
Documentation indicating the child is legally free for adoption by submitting
the JFS 01666 "Permanent Surrender of a Child" (rev. 10/2013) 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" (rev.
3/2015).
(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" (rev. 6/2009) 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 shall include the JFS 01663 "Sending State's
Priority Home Study Request" (ICPC 101) (rev.
7/2016) 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 shall:
(1) Make arrangements for the
child to travel to the receiving state if deciding to
place.
(2) Submit the JFS
01662 "Interstate Compact Report on Child's Placement Status (ICPC 100B)" (rev.
7/2016) 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)
Maintain financial responsibility for the care, medical care and education of
the child and retain 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 shall submit two copies of the
JFS 01662 (ICPC 100B) if being sent via mail or one
copy if being sent electronically to the compact or deputy compact
administrator 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 must 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 shall
arrange for the child's return or for an alternative placement. All costs
associated with the child's return or alternative placement shall 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 shall be included.
(I) For
all interstate placements from Ohio into another
state, the PCSA shall continue to follow:
(1) 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 compact or deputy compact administrator of a sending state or
territory to conduct a home assessment for an Ohio placement resource, the PCSA
shall:
(1) Record the information into SACWIS
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 shall be evaluated pursuant
to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.
(b) An adoptive home shall be evaluated
pursuant to Chapter 5101:2-48 of the Administrative Code.
(c) A relative or non-relative kin home shall
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 shall 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 compact or deputy compact
administrator 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 shall 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 shall be entered in the appropriate field on the ICPC record in
SACWIS.
(K) If a
court in the sending state or territory has ordered the placement of the child
to be a priority, the PCSA shall conduct the home assessment and submit the
requested packets outlined in paragraph (J) of this rule to the compact or
deputy compact administrator 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 shall:
(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 shall maintain
information in SACWIS regarding services it requests and provides on behalf of children
being considered for placement or placed across state lines to enable ODJFS to
comply with federal reporting requirements related to interstate requests and
placements.
Effective:
8/1/2019
Five Year Review (FYR) Dates:
4/17/2019 and
08/01/2024
Promulgated
Under: 119.03
Statutory
Authority: 5103.23
Rule
Amplifies: 2151.39,
5103.23
Prior
Effective Dates: 01/14/1983, 07/01/1990, 02/13/1998 (Emer.), 05/14/1998,
02/15/2002, 08/18/2003, 10/20/2006, 06/01/2009, 05/16/2014,
01/01/2016