Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-52 - Interstate Placement of Children
Section 5101:2-52-08 - Interstate placement requirements for Ohio parents, legal guardians, or private entities when placing a child into another state or territory for adoption
Current through all regulations passed and filed through December 11, 2023
(A) Prior to placing a child into another state or territory for an adoptive placement, an Ohio parent, legal guardian, PCPA, or attorney, hereafter referred to as the sending agent, shall receive written approval, as documented on the JFS 01661 "Interstate Compact Placement Request (ICPC 100A)" (rev. 7/2016) 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 shall 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:
(C) To initiate an interstate placement of an Ohio child for the purpose of adoption, the sending agent shall send three hard copy packets or one electronic copy of the following documents to the Ohio ICPC office:
(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 shall be documentation addressing the other person's parental rights.
(9) The JFS 01695 "Application for Search of Ohio's Putative Father Registry" (rev. 3/2015). If the sending agent has received preliminary or final results, copies of those results shall also be submitted.
(10) The JFS 01674 "Statement of Assurance" (rev. 8/2006) 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" (rev. 5/2009).
(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 shall 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 shall:
(E) The sending agent shall submit a JFS 1662 (ICPC 100B) to the Ohio ICPC office within thirty business days when any of the following occurs:
(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 shall arrange for the child's return or alternative placement. The return shall 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 shall be the responsibility of the sending agent.
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, 02/15/2002, 10/20/2006, 06/01/2010,
05/16/2014, 01/01/2016