This letter transmits changes to agency licensing, supportive services, substitute care, and adoption rules and forms. These changes reflect federal requirements to comply with a federal corrective action plan involving the Multiethnic Placement Act of 1994, 42 U.S.C. 622(b)(9), 671(a)(18), 674(d) and 1996(b) (hereinafter "MEPA") and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq as it applies to the foster care and adoption process (hereinafter "Title VI"). These rules will become effective on February 1, 2005.

An explanation of each rule revision appears below:

OAC 5101:2-5-13 Required agency policies sets forth the required agency policies for public children services agencies (PCSAs), private child placing agencies (PCPAs) and private non-custodial agencies (PNAs). This rule is amended to add language requiring PCSAs, PCPAs and PNAs operating a foster care program to include in its foster care policy a copy of the JFS 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements." No additional language regarding non-discrimination in the foster care process based upon race, color, or national origin is permitted in the policy unless additional language is required pursuant to a federal court order and is approved by the Ohio Department of Job and Family Services (ODJFS). Agencies are also now required to include in the policy, information about the complaint process for complaints of alleged discriminatory acts, policies or practices in the foster care or adoption process that involve race, color or national origin (RCNO). The rule requires the agency to have written standards of conduct regarding non-discrimination in the foster care process. Agencies must now complete and submit to ODJFS an annual recruitment plan by May first of each year. The recruitment plan for the state fiscal year (SFY) 2006 is due by May 1, 2005. Whenever the recruitment plan is amended, agencies are required to submit the revised version to ODJFS within ten days following the recruitment plan change.

OAC 5101:2-5-21 Agency assessment of an initial application for a foster home certificate is amended to add language prohibiting discrimination against foster caregivers on the basis of national origin or disability. Language is also added regarding non-discriminatory practices pertaining to the RCNO of applicants who wish to become foster caregivers or the RCNO of a child for whom a prospective or certified foster caregiver has expressed an interest. The rule requires a timeframe by which the homestudy shall be commenced and completed and requires written documentation when the agency fails to meet the required timeframe. Prior to recommending initial certification of a foster home an agency must adhere to requirements outlined in this rule.

OAC 5101:2-33-03 Procedure for complaints of alleged discriminatory acts, policies or practices in the foster care or adoption process that involve race, color or national origin is a new rule which outlines the procedure for complaints against any PCSA, PCPA or PNA regarding discrimination in foster care or adoption services that involve RCNO. Any individual filing a complaint with a PCSA, PCPA, PNA or ODJFS must use the JFS 02333 "Discrimination Complaint Form." This form can be accessed at: http://www.odjfs.state.oh.us/forms/num/JFS02333. Complaints can also be filed with the United States Department of Health and Human Services, Office for Civil Rights. Agencies must provide written notice of the complaint process to all individuals inquiring about or applying to become a foster caregiver or adoptive parent. The rule also requires that such notice be provided within thirty days of the effective date of the rule to all foster caregivers certified or in the process of certification and to all individuals who have approved adoptive homestudies or who are participating in the homestudy process.

OAC 5101:2-33-11 Multiethnic Placement Act (MEPA) agency administrative requirements is a new rule which sets forth the administrative requirements for PCSAs, PCPAs, and PNAs regarding certain administrative requirements for compliance with the Multiethnic Placement Act (MEPA). Most of the requirements of this rule are not new and are being consolidated into this rule from other rules to facilitate their implementation. Each PCSA and PCPA is required to designate a MEPA monitor to review and monitor foster care and adoptive placement decisions when the agency indicates RCNO may be a factor in a child's placement needs. The new requirements include: completion of the JFS 01668 "MEPA Biennial Comprehensive Self-Assessment Report" for those agencies that provide adoption and/or foster care-related services; the requirement for agencies to have written standards of conduct regarding non-discrimination in the foster care and adoption process and enforcement procedures if an agency employee or contractor engages in discriminatory acts, policies, or practices involving RCNO; agencies are prohibited from requiring an ongoing foster care or adoption worker to justify a proposed transracial placement due to the reason that the child's RCNO is different from that of the family whom the worker is proposing as the child's foster caregiver or adoptive parent.

OAC 5101:2-39-02 Case records for children services is amended to set forth the requirements for case records which are maintained by public children services agencies. This rule requires agencies to maintain case records in a consistent and organized manner.

OAC 5101:2-42-18.1 Non-discrimination requirements for foster care placements outlines the policy on non-discrimination in the foster care placement process. New requirements have been added for handling certain negative comments made by a prospective foster caregiver family member living in the household or any other person living in the household reflecting a negative perspective regarding the RCNO of a child for whom the family has expressed an interest in fostering or adopting. Licensed professionals completing the JFS 01688 "Individualized Child Assessment" must now receive the JFS 01607 "MEPA Educational Materials" about federal legislation and the opportunity to receive technical assistance regarding those materials prior to conducting such assessments. The JFS 01688 remains in effect for one year from the date it was signed by the agency. Language has been added prohibiting intimidation or retaliation against any person who has filed any oral or written complaint, testified, assisted, or participated in any manner in the investigation of any alleged violation of federal statutes prohibiting discrimination based upon race, color, or national origin.

OAC 5101:2-48-05 Agency adoption policy and recruitment plan is amended to add language requiring PCSAs, PCPAs and PNAs operating an adoption program to include in its adoption policy a copy of the JFS 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements." No additional language regarding non-discrimination in the foster care process based upon race, color, or national origin is permitted in the agency's foster care policy unless additional language is required pursuant to a federal court order and is approved by ODJFS. Agencies are also required to include in the adoption policy a procedure to provide access to approved homestudies and related documents, a procedure for maintaining approved homestudies received from other agencies in the same manner that other adoptive homestudies that were approved by the receiving agency, statements of assurance indicating the agency will comply with the provisions of the Adoption and Safe Families Act of 1997 (found at http://www.acf.hhs.gov/programs/cb/laws/#federal), the Indian Child Welfare Act of 1978 (found at http://www.nicwa.org/policy/law/index.asp, the Multiethnic Placement Act as amended by Section 1808 of the Small Business Job Protection Act of 1996 (found at: http://www.acf.hhs.gov/programs/cb/laws/#federal), and Title VI of the Civil Rights Act of 1964(found at: http://www.acf.hhs.gov/programs/cb/laws/#federal). The annual recruitment plan for the state fiscal year (SFY) 2006 is due by May 1, 2005 and subsequent plans are due May first of each year and must address the upcoming SFY. The adoption policy must also include the complaint process pursuant to OAC rule 5101:2-33-03 and standards of conduct pursuant to OAC rule 5101:2-33-11.

OAC 5101:2-48-11.1 Foster caregiver adoption of a foster child who has resided with the caregiver for at least twelve consecutive months is amended to set forth the procedures for conducting a foster caregiver homestudy when a foster caregiver expresses interest in adopting a child who has been in the foster caregiver's home for at least twelve consecutive months. Language pertaining to preferential order when placing a child in an adoptive home has been removed and new requirements for the approval or disapproval of a foster family for adoptive placement have been added. The rule clarifies that the JFS 01692 "Application for Adoption of a Foster Child" can only be used for the child(ren) for whom the homestudy was conducted.

OAC 5101:2-48-12 Completion of the homestudy is amended to set forth the requirements for the completion of adoption homestudies for special needs and non-special needs children by PCSAs, PCPAs, and PNAs. Agencies are prohibited from using RCNO in making adoptive placements and prohibited from approving or disapproving a family's homestudy based upon an applicant's disability. In addition, timeframes are required for commencing and completing homestudies and agencies are required to provide written documentation when those timeframes are not met. This rule introduces a new form, JFS 01609 "Family Permanency Planning Data Summary." Agencies are now required to provide a detailed explanation of the reason for the denial of a homestudy by explaining all of the reasons upon which the denial was based.

OAC 5101:2-48-13 Non-discrimination requirements for adoptive placements outlines the policy on non-discrimination in the adoptive placement process. The rule includes new requirements for handling certain negative comments made by a prospective adoptive family member living in the household or any other person living in the household reflecting a negative perspective regarding the RCNO of a child for whom the family has expressed an interest in adopting. Licensed professionals completing the JFS 01688 "Individualized Child Assessment" must now receive the JFS 01607 "MEPA Educational Materials" about federal legislation and the opportunity to receive technical assistance regarding those materials prior to conducting such assessments and the JFS 01688 remains in effect for one year from the date it was signed by the custodial agency. Language has been added prohibiting intimidation or retaliation against any person who has filed any oral or written complaint, testified, assisted, or participated in any manner in the investigation of any alleged violation of federal statutes prohibiting discrimination based upon race, color, or national origin.

OAC 5101:2-48-16 Pre-adoptive staffing, matching and placement procedures outlines the matching process. This rule requires a pre-adoptive staffing within forty-five days after the execution of the permanent surrender or of the file stamp date of the permanent custody order of a child. Custodial agencies are required to invite certain individuals to the pre-adoptive staffings and to matching conferences. Matching conferences must occur every ninety days for all children in permanent custody who have not been matched with a family. An assessor must be assigned to the case within forty-five days from execution of the permanent surrender or of the file stamp date of the permanent custody order. Agencies must develop written procedures on the structured decision making process to select the most appropriate family to be matched with the child and to address how all families accepting of the child's characteristics shall be considered by the agency to be presented in the matching conference. The rule requires and strengthens the use of the JFS 01689 "Documentation of the Placement Decision-Making Process" and requires the use of the JFS 01609 "Family Permanency Planning Data Summary" and the JFS 01610 "Child's Permanency Planning Data Summary."

OAC 5101:2-48-19 Soliciting and releasing adoptive homestudies and related material for consideration of placement outlines the process for releasing a homestudy and related information by a PCPA, PCSA or PNA to another agency and to adoptive applicants, specifically as it meets the requirements of a federal corrective action plan. New requirements include that agencies cannot solicit homestudies to locate a same race placement, and agencies must file and maintain homestudies obtained from other agencies and procedures for notifying an agency when an incomplete homestudy is received.

OAC 5101:2-48-22 Adoptive family case record is amended to set forth the documents which must be maintained in the adoptive family case record. This rule adds language requiring agencies to maintain case records in a consistent and organized manner. This rule also requires the agency to maintain in the adoptive family case record additional information, if applicable, including a copy of the JFS 01688 "Individualized Child Assessment," documentation constituting or referring to a complaint or grievance by a family and documentation when verbal comments or indications are made by family members living in the household or any other person living in the household reflecting a negative perspective toward the child's RCNO. A copy of the JFS 01609 "Family Permanency Planning Data Summary" must also be maintained in the adoptive family's case record.

OAC 5101:2-48-23 Preservation of adoptive child case record is amended to set forth the requirements of the documents that must be maintained in the child's adoption record. This rule adds language requiring agencies to maintain case records in a consistent and organized manner. This rule also requires the adoptive child case record contain documentation including all medical or psychological evaluations, school records or other documented material and a copy of the JFS 01610 "Child's Permanency Planning Data Summary."

OAC 5101:2-48-24 Agency adoption review procedures sets forth the procedures an agency must follow to review complaints from persons involved with an adoption. Language has been added requiring that all complaints involving alleged discriminatory acts, policies, or practices pertaining to the foster care and adoption process that involve RCNO to be governed by procedures contained in OAC rule 5101:2-33-03. All other agency complaints require an agency review.

A brief explanation of each form change appears below:

Please note that these forms will be available online at http://www.odjfs.state.oh.us/forms/inter.asp (internet) or at http://www.odjfs.state.oh.us/forms/inner.asp (ODJFS innerweb). These are agency reproduced forms.

JFS 01607 "MEPA Educational Materials." This is a new form developed to provide MEPA and Title VI educational material to the licensed professional before the professional completes a JFS 01688 "Individualized Child Assessment."

JFS 01608 "Licensed Professional's Statement." This is a new form developed to acknowledge receipt of the JFS 01607. Prior to completing the JFS 01688, the licensed professional must sign this form indicating that the JFS 01607 "MEPA Educational Materials" were received from the PCSA or PCPA and that the licensed professional was provided the opportunity to obtain technical assistance on MEPA and Title VI.

JFS 01609 "Family Permanency Planning Data Summary" and JFS 01609I. This new form with instructions is required as a result of a federal corrective action plan. The purpose of this form is to provide an easily accessible summary of information relative to a family's placement processes and considerations.

JFS 01610 "Child's Permanency Planning Data Summary" and JFS 01610I. This new form with instructions is required as a result of a federal corrective action plan. The purpose of this form is to provide an easily accessible summary of information relative to a child's placement processes and considerations.

JFS 01611 "Non-discrimination Requirements for Foster Care and Adoptive Placements." This is a new form developed to identify permissible and prohibited actions under MEPA and Title VI. This form must be included in the agency's foster care and adoption policies.

JFS 01688 "Individualized Child Assessment Form." This form was revised and specifies that completion is required when documentation in the case file indicates there may be compelling reasons to consider needs the child may have regarding race, color or national origin in a foster care or adoptive placement.

JFS 01689 "Documentation of the Placement Decision-Making Process." This form was revised for use during the pre-adoptive transfer conference. The form also includes the criteria outlined in the homestudy for the consideration of an adoptive placement.

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.