The Ohio Department of Job and Family Services has reviewed the Adoption Program rules and forms in Ohio Administrative Code Chapter 5101:2-48. The review resulted in recommendations for changes to and rescissions of the rules and/or forms. This letter transmits those changes. All references to ODHS have been changed to reflect the name of the department due to the merger between ODHS and OBES and all form numbers have been changed to reflect the department's number system. These rules will be effective September 1, 2003.

The department will be offering training on these rules. The training schedule can be accessed at: http://www.state.oh.us/odjfs/ocf/calendar.stm.

A brief explanation of each rule revision appears below:

5101:2-48-02 Putative father registry is amended to outline the process for putative father registry searches and to clarify that in a voluntary surrender situation, a putative father does not have rights unless he is registered with the Putative Father Registry.

5101:2-48-03 Requirements of JFS 01616 Social and Medical History is amended to clarify who must obtain the social and medical history information and the parameters for when the social and medical history must be obtained.

5101:2-48-05 Agency adoption policy and agency recruitment plan is amended to specify the criteria for matching adoptive parents to available children; clarify fee structures and procedures for policy submittal and to specify requirements for recruitment plans. This rule also introduces the JFS 01668 "MEPA Bi-Annual Comprehensive Self-Assessment Report" which agencies are now required to submit.

5101:2-48-06 Agency adoption staffing is amended to permit a one year extension to complete assessor training if Tier 2 was not taken within three years of the completion of Tier 1. The exemption waiving a supervised student working on a post-secondary degree from taking Assessor training has been removed.

5101:2-48-07 Listing and withdrawing children and families with the "Ohio Adoption Photo Listing" (OAPL) and the AdoptOhio Photo Listing web page is amended to include new procedures for registering children under a "special status" OAPL category. This rule allows agencies to remove a child from the OAPL web page when the child's case plan is no longer adoption, or whose permanent custody is under appeal. This rule also requires agencies to maintain a record of OAPL registration activity in either the child or family file(s). It also ends agencies receipt of hard copies of the OAPL book.

5101:2-48-08 Adoption inquiry is rescinded and adopted as a new rule with the same rule number. This rule requires agencies to document all prospective adoptive parent inquiries and clarifies language regarding the criminal records check. Requirements pertaining to the AdoptOhio program were removed and replaced with requirements for assisting families inquiring about adoption.

5101:2-48-09 Application process and preservice training is amended to include an "Overview of the Multiethnic Placement Act as Amended" in the preservice training requirements.

5101:2-48-10 Restrictions concerning provisions of adoption services is amended to clarify language regarding BCII checks. This rule includes a new appendix which outlines the offenses and violations listed in Paragraph C.

5101:2-48-11 Approval of a foster home for adoptive placement is amended to clarify adoption procedures for foster caregivers not approved through the joint homestudy process.

5101:2-48-11.1 Foster caregiver adoption of a foster child who has resided with the caregiver for at least twelve months is amended to specify that a foster child being adopted by a foster care giver must reside with the caregiver for at least twelve "consecutive" months. This rule outlines the forms and documentation required, the preferential order to be given when considering a child for adoptive placement and the information that must be reviewed in order to determine the appropriateness of the foster caregiver for an adoptive placement. Also, agencies are now required to document that the foster caregiver has completed adoption training.

5101:2-48-12 Completion of the homestudy report is amended to: clarify the procedures for transferring homestudies; revise language relative to use of the JFS 01673 when completing homestudies for grandparents; modify references to foster care rules and clarify procedures for updating home studies. This rule requires the completion of the JFS 01348, "Safety Audit of a Foster Home, Also used for adoptive homes".

5101:2-48-13 Adoption requirements pursuant to the multiethnic placement act is amended to require the use of the JFS 01689 "Documentation of the Placement Decision-Making Process" form and the JFS 01668 "MEPA Bi-Annual Comprehensive Self-Assessment Report". This rule outlines who may be an agency's MEPA monitor and places time restrictions on the processing of the JFS 01689.

5101:2-48-14 Preparation of child for adoptive placement is amended to remove the reference to "transracial adoptive placement".

5101:2-48-15 Provision of information to adoptive family is rescinded and adopted as a new rule with the same rule number. This rule specifies the types of information that must be provided to adoptive families regarding the child they are adopting.

5101:2-48-16 Adoptive placement procedures is amended to require the use of the JFS 01689 "Documentation of the Placement Decision-Making Process" form and the JFS 01667 "Adoption Information Disclosure" form. This rule also clarifies the preferential order to be given when considering a child for adoptive placement, requires the agency to provide the prospective adoptive parent with the child study inventory prior to the date of adoptive placement and excludes references to the AdoptOhio program.

5101:2-48-17 Prefinalization services is amended to add new language to include SB 27 information disclosure requirements, including the child's psychological background, if known, and the child's history of abuse and prior history of behavioral problems of the child. This rule also requires the Assessor to provide a copy of the JFS 01699 "ODJFS Prefinalization Adoption Assessment Report," to the prospective adoptive parent no later than twenty days prior to the date scheduled for the final hearing with all identifying information removed.

5101:2-48-20 Release of identifying and nonidentifying information is amended to incorporate required changes in form number only.

5101:2-48-21 Child study inventory is rescinded and adopted as a new rule with the same rule number. This rule is amended to require specific information to be included in the Child Study Inventory (CSI), to require specific disclosure information based on SB 27 mandates, to require completion of the new form, JFS 01667 "Adoption Information Disclosure," and exclude references to the AdoptOhio program.

5101:2-48-22 Adoptive family case record is amended to include the JFS 01689 "Documentation of the Placement Decision-Making Process" form in the list of documents to be contained in the adoptive family case record.

5101:2-48-23 Preservation of adoptive child case record is amended to include in the list of documents that must be contained in the child's adoptive case record a copy of the child's Lifebook, the JFS 01689 "Documentation of the Placement Decision-Making Process" form and the JFS 01688, "Individualized Child Assessment" form.

5101:2-48-24 Agency adoption review procedures is amended to clarify the procedures for processing complaints from adoptive families.

JFS 01667 "Adoption Information Disclosure Form" is adopted as a new form to document the provision of information to the adoptive family per requirements in SB 27.

JFS 01668 "MEPA Bi-Annual Comprehensive Self Assessment Report" is adopted as a new form to assist agencies in maintaining compliance with MEPA.

JFS 01680 "Verification of Adoption Assessor Qualifications" is amended to allow the director of an agency to document a one year extension to complete Tier 2 Training.

JFS 01685 "Child Study Inventory Facesheet" is amended to add the requirements of Senate Bill (SB) 27.

JFS 01694 "Application for Search of Ohio Putative Father Registry 'Registration Form for Fathers'" is amended to provide clarification regarding the use of this form by fathers.

JFS 01695 "Application for Search of Ohio Putative Father Registry" is amended to provide clarification regarding the search process.

INSTRUCTIONS

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