Current through all regulations passed and filed through September 16, 2024
(A)
Prior to placing a child into another state or territory for an adoptive
placement, an Ohio parent, legal guardian, private
child placing agency ( PCPA), or attorney,
hereafter referred to as the sending agent,
is to receive
written approval, as documented on the JFS 01661 "Interstate Compact Placement
Request (ICPC 100A)" from the
Ohio "Interstate Compact on the Placement of Children" (ICPC) office and the
receiving state ICPC office. If the sending agent is a parent or legal
guardian, the parent or legal guardian is to be
represented by an adoption agency or private attorney.
(B) Visits, as defined by the association of
administrators of the interstate compact on the placement of children (AAICPC)
"Regulation 9" located at
https://aphsa.org/AAICPC/AAICPC/Resources.aspx
are exempt from ICPC. Situations in which the intent is to place the child
either on a temporary or permanent basis and for which a homestudy or
supervision is or will be requested do not meet the requirements of a visit and
are therefore not exempt from ICPC. The following are additional criteria for a
visit:
(1) The purpose of the visit
is to
provide the child with a social or cultural experience of short duration, such
as a stay in a camp or with a friend or relative who has not assumed legal
responsibility for the daily care of the child.
(2) A visit has a defined ending date and
is not
be extended or renewed in a manner which causes the visit to exceed thirty days
or the school vacation period.
(C) To initiate an interstate placement of an
Ohio child for the purpose of adoption, the sending agent
is to
send one
electronic copy of the following documents to the Ohio ICPC office:
(1) The completed JFS 01661 (ICPC 100A).
Section 1 of the form is to identify
the person or agency having financial and planning responsibilities for the
child. Section 3 of the form is to indicate that monthly supervisory reports are
requested.
(2) A cover letter
requesting interstate approval signed by the sending agent that includes the
following:
(a) Name of the child(ren) to be
placed.
(b) Name of the
birthparents.
(c) Name(s), address,
email address and contact phone number(s) of the prospective adoptive
parents.
(d) Name, contact person,
address, email address, and contact phone number(s) of the supervising agency
or person in the receiving state.
(e) A statement as to how the match was made,
including the reason for placement into another state.
(f) If the sending agent is an attorney,
their Ohio supreme court number should be included in the cover letter.
(3) A legal risk acknowledgment
signed by the prospective adoptive parent(s), if applicable, in the receiving
state.
(4) Documentation giving the
prospective adoptive parents authority to provide medical care, if
applicable.
(5) Copy of the
approved adoptive homestudy on the prospective adoptive family, in accordance
with the laws of the receiving state.
All
homestudies
are to be completed in accordance with
the rules and laws
of the receiving state, the sending state
is not
to impose any additional requirements to complete
the homestudy unless the adoption is finalized in the sending state. In
addition to the homestudy, documentation is to include:
(a) Verification of compliance with federal
and state background clearances, including state and federal bureau of
investigation (FBI) fingerprint clearances and child abuse and neglect
clearances.
(b) Sex offender
registry clearance, available at
www.nsopw.gov.
(c) A copy of any court order approving the
adoptive home, if required in the receiving state.
(d) A statement by the person or entity who
completed the homestudy verifying that the home is approved. This statement may
be located within the homestudy.
(e) If the homestudy is more than twelve
months old, an update to the homestudy should be
provided.
(6) A
statement from the person or entity in the receiving state that will be
providing post-placement supervision acknowledging the obligation to provide
post-placement supervision. This statement may be located within the homestudy.
Supervision is
to be conducted
pursuant to the
regulations of the interstate compact, located at
https://aphsa.org/AAICPC/AAICPC/Resources.aspx.
A copy of the supervising agent's license or certification
is to be
submitted, if applicable to the laws of the receiving state.
(7) A current case history that includes:
(a) A summary of all available social,
medical, including immunization record, developmental, psychological, and
educational information. If the child is an infant and has been discharged from
the hospital, a copy of the discharge documentation is
needed.
(b) The JFS 01616 "Social and Medical
History"
(8) Documentation verifying the
sending agent's legal authority to place the child. If placement is being
requested with only one parent's consent, there is to be
documentation addressing the other person's parental rights.
(9) The JFS 01695 "Application for Search of
Ohio's Putative Father Registry."
If the sending agent has
received preliminary or final results, copies of those results
are
to be submitted as well.
(10) The JFS 01674 "Statement of Assurance"
completed and signed by the
person or entity identified in Section I on the 100A.
(11) 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).
(12) The JFS 01693 "Ohio Law And Adoption
Materials" .
(13) The child's social security number and
birth certificate, if available.
(14) Affidavit of expenses and fees, if
applicable in the receiving state.
(15) If the sending agent is a PCPA, a copy
of their agency license.
(16) If
the placement request is for a foreign born child being placed across state
lines subsequent to the child's arrival in the United States and prior to
finalization of the adoption, 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 is to be
included.
(D) Upon
approval by the receiving state as evidenced by a signed 100A indicating that
the placement may be made, the sending agent is responsible
for:
(1)
Making
arrangements for the child to travel to the receiving state or
territory.
(2)
Submitting the JFS 01662 "Interstate Compact Report on
the Child's Placement Status (ICPC 100B)" to the Ohio ICPC office within five business days of the
child's placement in the receiving state.
(3)
Maintaining
financial responsibility for the care, medical care and education of the child
throughout the duration of placement, unless the case contains a contractual
agreement to the contrary or a statement by the prospective adoptive parent(s)
that they will assume financial responsibility.
(4)
Retaining
jurisdiction of the child until one of the following occurs:
(a) The child is adopted.
(b) The child returns to Ohio.
(E) The sending agent
is
responsible for
submitting a JFS 1662 (ICPC 100B) to the Ohio
ICPC office within thirty business days when any of the following occurs:
(1) The child will not be placed.
(2) The placement disrupts.
(3) The child's adoption has been finalized.
The sending agent is to
include
a copy of the final judgment or decree of adoption.
(F) 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 to Ohio is necessary, the
sending agent
is to arrange for the child's return or alternative
placement. The return
is to be within five business days from the date
of the notice of removal unless otherwise agreed upon between the sending and
receiving state ICPC offices. All costs associated with the child's return or
alternative placement
will be the responsibility of the sending
agent.
