This letter transmits several changes to Ohio Administrative Code rules necessitated as a result of the enactment of House Bills 332 and 448, federal policy and guidance regarding the Federal Adoption Assistance and Multiethnic Placement Act (as amended), the creation of the Department of Job and Family Services, and a new form numbering system. These rules will become effective November 12, 2002. Specific changes are reflected in the rules as follows:

OAC 5101:2-48-01 AdoptOHIO agency responsibility, This rule describes the roles and responsibilities of the agencies which participate in the AdoptOHIO program. The ODHS references were changed to ODJFS and new form numbers were added; references to foster homes were changed to comply with the requirements of HB 332.

OAC 5101:2-48-05, Agency adoption policy and agency recruitment plan, This rule identifies the information that must be contained in an agency's adoption policy and recruitment plan. Changes require agencies to include a description of all federal and state adoption assistance programs including eligibility and the application requirements. Additional specificity regarding agency recruitment efforts was added. The ODHS references were changed to ODJFS.

OAC 5101:2-48-09, Application process and pre service training, This rule sets forth the adoption application process and adoption pre service training requirements. The ODHS references were changed to ODJFS and references to foster homes were changed. Language was added to clarify that pre service training requirements are to include families that adopt internationally.

OAC 5101:2-48-10, Restrictions concerning provision of adoption services, This rule establishes the criminal offenses that prohibit an applicant from adopting. References to foster homes were changed to comply with the requirements of HB 332, rules for foster to adoption situations are sited and ODHS was changed to ODJFS.

OAC 5101:2-48-16 Adoptive placement procedures, This rule identifies the steps taken when placing a child into an adoptive home. Section (C), selection of the adoptive home was revised to provide more specificity as to the considerations an agency shall include while considering the best interest of the child.(H) requires notification to a PCSA when a child is placed across county lines. Family foster home references were changed to foster home. Other changes relate to the Department's name change and new form numbering system.

OAC 5101:2-47-43 Adoption assistance payment rate: payment rate for adoption assistance, This rule clarifies what factors are to be considered in the negotiation of the adoption assistance payment. This rule outlines the process to determine the payment rate for adoption assistance. A policy interpretation was made to eliminate the possible obligation of agency funds without the ability to claim reimbursement.

INSTRUCTIONS:

The following chart depicts what materials are to be removed from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.