FCASMTL 504 (Five Year Review and Amendment of Adoption Rules 5101:2-48-05, 5101:2-48-12, 5101:2-48-13, 5101:2-48-16 and 5101:2-48-24 and Related Forms)
Family, Children and Adult Services Manual Transmittal Letter No. 504
October 5, 2022
TO: Family, Children and Adult Services Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Review and Amendment of Adoption Rules 5101:2-48-05, 5101:2-48-12, 5101:2-48-13, 5101:2-48-16 and 5101:2-48-24 and Related Forms

This letter transmits amendments to Ohio Administrative Code (OAC) rules 5101:2-48-05, 5101:2-48-12, 5101:2-48-13, 5101:2-48-16, and 5101:2-48-24, as a result of the five-year review. These rules also include references to seven forms that are being revised as part of the five-year review, and two forms revised for the purposes of the Adoption and Foster Care Analysis and Reporting System (AFCARS). These rules will be effective 10/15/2022.  The following is a brief explanation of the changes:

OAC 5101:2-48-05 entitled Agency Adoption Policy and Recruitment Plan provides guidance to agencies regarding the policies they are required to have in place. Form revision dates were removed throughout the rule. Paragraph (B)(14) was amended to include post adoption in the statement and (B)(14) (e) was removed as county agencies will no longer be determining the post adoption special services subsidy after July 1, 2022. The reference to the Indian Child Welfare Act of 1978 in paragraph (C) was updated.

OAC 5101:2-48-12 entitled Completion of the Adoption Homestudy provides guidance to agencies on the homestudy process for prospective adoptive applicants.  Form revision dates were removed throughout the rule. Terminology regarding identity and the reference to Title II of the Americans with Disabilities Act of 1990 in paragraph (E) were updated.  Ohio was added to the name of the statewide automated child welfare information system throughout, so the system is properly identified as Ohio SACWIS.

OAC 5101:2-48-13 entitled Non-discrimination Requirements for Adoptive Placements provides guidance to agencies regarding discriminating actions that are prohibited when making placement decisions, as well as required actions when race, color, or national origin are intended to be a factor in the decision-making process. The reference to the Indian Child Welfare Act of 1978 in paragraph (B) was updated.

OAC 5101:2-48-16 entitled Adoption Preplacement and Placement Procedures provides guidance to agencies in regards to the matching and placement requirements for children in their permanent custody. Form revision dates were removed throughout the rule. The reference to the Indian Child Welfare Act of 1978 in paragraph (V)(1) was updated. The reference to the Multiethnic Placement Act information in paragraph (KK) was updated.

OAC 5101:2-48-24 entitled Agency Adoption Review Procedures provides guidance to agencies on the requirements of the review process when a complaint is received from adoptive applicants or families. The grammar in paragraph (B)(2) was amended.

JFS 01200 Fire Inspection Report for Homes or Residential Facilities Certified by ODJFS is a form used by a local or state fire inspection certifying the home is free from conditions hazardous to the safety of children. Revisions to the form include removing ‘UL’ from approved smoke alarm, including carbon monoxide detector, and a new question about approving portable heaters.

JFS 01348 Safety Audit is a form used during the foster care and/or adoption homestudy to document how the residence meets safety standards. The form was revised to include terminology to identify a foster home and a checkbox for ‘N/A’.  The adoption homestudy requires less items for completion, therefore the checkbox for ‘N/A’ can be marked when the item refers to an adoption only home. Other revisions include clarification regarding water temperature, ventilation, and lead hazards. A checkbox for ‘Will Obtain’ was added regarding safety gates.

JFS 01385 Assessment for Child Placement Update is used for updating foster care and/or adoption homestudy applicants. Revisions to the form include adding race, ethnicity and gender of the applicant(s) with a note referencing that information is for statistical purposes only and these are for the purpose of AFCARS reporting. Providing a fax number was removed.

JFS 01447 Assessment of Relative or Nonrelative Substitute Caregiver is used for application and assessment of relative or nonrelative applicants with an agency recommendation of a child’s placement. The form was amended to add gender of the applicant(s) for the purpose of AFCARS reporting.

JFS 01653 Medical Statement for Foster Care/Adoptive Applicant and All Household Members is used during the foster care and/or adoption homestudy to document the physical, emotional or mental condition of the applicant(s) and all members of the household. The adoption homestudy does not require immunizations as part of chapter 5101:2-48, therefore a checkbox was added ‘N/A For Adoption Homestudy Only’ for indication by adoption-only homes. The reference to chapter 5101:2-48, was corrected at the bottom of the form.

JFS 01667 Adoption Information Disclosure is used for disclosing all information about a child to prospective adoptive parent(s). Revisions include clarifying statement number 21 and adding a new statement number 22.

JFS 01673 Assessment for Child Placement is the full assessment of foster care and/or adoption homestudy applicants with a final disposition. Gender of the applicant(s) was added for the purpose of AFCARS reporting.  Providing a fax number was removed, and street was added as part of address in residential history.

JFS 01691 Application for Child Placement is for all initial foster care and/or adoption homestudy applications. Gender of the applicant(s) was added for the purpose of AFCARS reporting.  Other revisions included removal of a fax number, adding street as part of an address in residential history and adding an email address under Adult Child References section.

JFS 01692 Application for Adoption of a Foster Child is for a foster caregiver who expresses the desire to adopt a foster child or sibling group that is and has been residing with the foster caregiver for at least six consecutive months. Revisions to the form include adding race, ethnicity and gender of the applicant(s) with a note referencing that information is for statistical purposes only for AFCARS reporting. Other revisions included removal of a fax number, adding street as part of an address in residential history and clarifying language under employment history.

INSTRUCTIONS:  The following chart indicates the material that should be removed from the Family, Children and Adult Services Manual (FCASM) and the materials that are to be inserted in the FCASM.

LOCATION REMOVE AND FILE AS OBSOLETE INSERT/REPLACEMENT
Social Services OAC 5101:2‑48‑05 OAC 5101:2‑48‑05
  OAC 5101:2‑48‑12 OAC 5101:2‑48‑12
  OAC 5101:2‑48‑13 OAC 5101:2‑48‑13
  OAC 5101:2‑48‑16 OAC 5101:2‑48‑16
  OAC 5101:2‑48‑24 OAC 5101:2‑48‑24
Forms JFS 01200 JFS 01200
  JFS 01348 JFS 01348
  JFS 01385 JFS 01385
  JFS 01447 JFS 01447
  JFS 01653 JFS 01653
  JFS 01667 JFS 01667
  JFS 01673 JFS 01673
  JFS 01691 JFS 01691
  JFS 01692 JFS 01692
Transmittal Letters   FCASMTL No. 504