This letter transmits changes to Ohio Administrative Code rules in Chapter 5101:2-48 and to rules 5101:2-33-11 and 5101:2-33-13. All revised, rescinded and filed new rules contain language that has been added or changed to provide clarity to the rules and includes the date forms referenced in the rules were created or revised. The changes are a result of Sub. Senate Bill 238 of the 126th General Assembly and the Multiethnic Placement Act as amended by Section 1808 of the Small Business Job Protection Act of 1996, requirements. These rules will be effective on December 11, 2006.

A brief explanation of the changes appears below:

OAC rule 5101:2-33-11 entitled Multiethnic Placement Act (MEPA) agency administrative requirements. This rule sets forth the requirements of the PCSAs and PCPAs to designate a MEPA monitor, and the PNAs to refer cases to the child's custodial agency for assessment when race, color, or national origin (RCNO) may be a factor in the placement decision. This rule also requires PCSAs, PCPAs, and PNAs to complete the JFS 01668 "MEPA Biennial Comprehensive Self-Assessment Report" and develop written standards of conduct that will govern the performance of employees and contractors. The rule also states that no PCSA, PCPA, or PNA shall require workers to justify a proposed placement based on RCNO of the child or foster caregiver/adoptive family involved. This rule has been amended to include the revision dates of the ODJFS forms referenced.

This rule has been amended to identify the review period for the PCSAs, PCPAs and PNAs when completing the JFS 01668. The rule was also amended to clarify that the PCSA and PCPA MEPA monitors shall review and monitor foster care and adoptive placement decisions when the current JFS 01688 "Individualized Child Assessment" is in effect. In addition, PCSAs and PCPAs will be required to collect aggregate data using the JFS 01420 "Multiethnic Placement Act Corrective Action and Resolution Plan Data Collection Requirements" on children being accepted or rejected by families for which they were matched for adoptive placement, and time frames for reporting that data.

OAC rule 5101:2-33-13 entitled Adoption administrative falsification procedures. This rule is being filed as new and it outlines the procedures the agency shall follow when an applicant(s) knowingly makes a false statement during the application or homestudy processes.

OAC rule 5101:2-48-03 entitled Requirement of social and medical history. This rule has been amended to ensure that the most current version of forms referenced in the rule are being used, if applicable.

OAC rule 5101:2-48-05 entitled Agency adoption policy and recruitment plan. This rule requires public children services agencies (PCSAs), private child placing agencies (PCPAs), and the private non-custodial agencies (PNAs) operating an adoption program to include the following information in their adoption policy: non-discrimination requirements for foster care and adoptive placements, 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, the Indian Child Welfare Act of 1978, the Multiethnic Placement Act as amended by Section 1808 of the Small Business Job Protection Act of 1996, and Title VI of the Civil Rights Act of 1964.

This rule also requires agencies to submit annual recruitment plans May first of each year and to establish a complaint process pursuant to Ohio Administrative Code (OAC) rule 5101:2-33-03 and standards of conduct pursuant to OAC rule 5101:2-33-11.

This rule has been amended to include additional criteria for matching adoptive parents to available children, to include language that agencies will be notified within sixty days when their adoption and recruitment policies are found to be in compliance.

In addition, this rule is amended to require agencies to include procedures for:

• Reporting when an applicant in the homestudy process falsifies information;
• Searching the statewide automated child welfare information system when the system becomes available;
• Conducting multiple children/large family assessments;
• Notifying PCSAs of impending adoptive placements;
• Notifying PCSAs of the initiation of a homestudy; and
• County agency reviews.

OAC rule 5101:2-48-06 entitledAgency adoption staffing. This rule sets forth the requirements of an assessor and for completion of Tier 1 and Tier 2 training. This rule has been amended to revise the requirements for a new assessor to complete Tier 1 within one year of the date the individual started Tier 1 training sessions instead of completing Tier 1 from the date of hire, to add ongoing training requirements for assessors after the completion of Tier 2, and to indicate that as of July 1, 2009, an individual supervising a student must be an assessor, to indicate that a copy of the JFS 01680 "Verification of Assessor Qualifications" will be provided to the assessor, and to indicate that the employing agency shall notify ODJFS when an assessor who is in their employ or under contract ends their employment/contract with the agency.

OAC rule 5101:2-48-09 entitled Application process and preservice training. This rule sets forth the requirements for the application process and the topics that must be covered in preservice training. This rule has been amended to include the procedures for reporting when an applicant falsifies information contained in the application.

OAC rule 5101:2-48-11 entitled Approval of a foster home for adoptive placement. This rule outlines the process and procedures when a foster caregiver(s) who has not been approved through the joint homestudy process is interested in being approved as an adoptive parent(s). This rule has been amended to include use of the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" and the JFS 01530 "Multiple Children/Large Family Assessment," as applicable. The amendments also incorporate the course of actions that shall be taken by an assessor when an applicant knowingly falsifies information during the homestudy process and the process to conduct a search of the Central Registry and the statewide automated child welfare information system.

OAC rule 5101:2-48-11.1 entitledFoster caregiver adoption of a foster child who has resided with the caregiver for at least twelve consecutive months. This rule sets 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. This rule is being amended to include use of the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" and the JFS 01530, "Multiple Children/Large Family Assessment," as applicable. The amendments also incorporate the course of actions that shall be taken by an assessor when an applicant knowingly falsifies information during the homestudy process and the process to conduct a search of the Central Registry and the statewide automated child welfare information system.

OAC rule 5101:2-48-12 entitled Completion of the homestudy report. This rule sets forth the requirements for the completion of adoption homestudies for special needs and non-special needs children by PCSAs, PCPAs, and PNAs. This rule specifies that agencies are prohibited from using race, color or national origin (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 requires agencies to provide a detailed explanation of the reason for denial of a homestudy by explaining all of the reasons upon which the denial was based and requires use of the JFS 01609 "Family Permanency Planning Data Summary." This rule has been amended to include use of the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption," and the JFS 01530, "Multiple Children/Large Family Assessment", as applicable. The amendments also incorporate the course of actions that shall be taken by an assessor when an applicant knowingly falsifies information during the homestudy process and the process to conduct a search of the Central Registry and the statewide automated child welfare information system.

OAC rule 5101:2-48-12.1 entitled Completion of homestudy updates and amendments. This new rule is being proposed to outline the procedures the agency shall follow when updating or amending an adoption homestudy. In addition, the rule revises the dates that an update should be completed to every two years after the initial approval. The rule introduces the term "amendment" and indicates when amendments to the homestudy should be completed.

OAC rule 5101:2-48-13 entitled Non-discrimination requirements for adoptive placements. This rule outlines the policy on non-discrimination in the adoptive placement process. The rule includes 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 receive the JFS 01607 "MEPA Educational Materials" pertaining to 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. This rule includes language that prohibits 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. This rule has been amended to clarify the process when a child over twelve years of age does not consent to an adoption. Also, this rule specifies that agencies are required to document any verbal comments regarding RCNO made by any member of the adoptive family household and states that the matching committee shall consider this information to determine whether it will impact the placement. In addition, this rule includes language to indicate that the JFS 01608 be maintained by the agency and attached to each JFS 01688.

OAC rule 5101:2-48-16 entitledPre-adoptive staffing, matching and placement procedures. Due to the reorganization of the sections of this rule and the new language that is being incorporated, this rule is being filed as new. This rule outlines the matching process and 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. This rule also requires custodial agencies to invite certain individuals to pre-adoptive staffings and matching conferences and specifies that matching conferences must occur every ninety days for all children in permanent custody who have not been matched with a family. This rule requires documentation pertaining to the pre-adoptive staffing be completed on the new JFS 01690 "Documentation of the Pre-adoptive Staffing and Updates." This rule requires that an assessor be assigned to a case within forty-five days from execution of the permanent surrender or of the file stamp date of the permanent custody order and requires agencies to 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. In addition, this 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." This rule has been amended to include use of the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption." This rule clarifies that the previous caseworker is invited to the first matching conference only and adds the MEPA monitor as an individual who must be invited to the matching conference. Also, this rule requires that matching conferences be held prior to placement of a child and outlines when subsequent matching conferences are not required. Language has been added that requires agencies to search for potential families in the statewide automated child welfare information system when no families have been identified for the child at any matching conference after the initial conference. Agencies must also consider the multiple child assessment during the pre-adoptive staffing and the matching conference, if applicable.

OAC rule 5101:2-48-17 entitledPrefinalization services. This rule is rescinded and filed new to state the visitation requirements regarding time frames for face to face contact with adoptive parent(s), child, adult children not residing in the adoptive parent(s) home and other member(s) of the adoptive parent(s) home. This rule also contains procedures for sharing of relevant information and evaluation of the progress of the adoptive placement. This rule also excludes stepparent(s).

OAC rule 5101:2-48-19 entitledSoliciting and releasing adoptive homestudies and related material for consideration of placement. This rule outlines the policy on releasing an approved homestudy. This rule has been amended to indicate the procedures that must be followed if it is determined the homestudy contains knowingly false information.

OAC rule 5101:2-48-22 entitledAdoptive family case record. This rules states the type of documentation that must be filed in the adoptive family case record. This rule has been amended to include the JFS 01530, Multiple Children/Large Family Assessment".

OAC rule 5101:2-48-23 entitledPreservation of adoptive child case record. This rules states the type of documentation that must be filed in the adoptive child case record This rule has been amended to ensure that the most current version of forms referenced in the rule is being used, if applicable.

OAC rule 5101:2-48-24 entitledAgency adoption review procedures. This rule clarifies procedures to be used for the PCSA, PCPA and PNA adoption agency review process. This rule has been amended to outline the procedures for applicant(s) or other household members who knowingly make false statements on the child placement application or during the homestudy process.

A brief explanation of each form change appears below:

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

JFS 01331 "Notice of Expiration and Reapplication for a Foster Home Certificate or Adoption Homestudy Update/Amendment". This form has been revised to include the notification for adoptive applicants.

JFS 01385 "Ohio Department of Job and Family Services Assessment for Child Placement Update". This form has been revised only to meet the ODJFS standards for formatting of forms.

JFS 01530 "Multiple Children/Large Family Assessment" This is a new form which is completed when an applicant(s) applies to adopt and will have five or more children reside in the home when the child is placed for adoption.

JFS 01673-A "Ohio Department of Job and Family Services Child Characteristics Checklist for Foster Care and/or Adoption". This form has been revised to add the statement which indicates a person seeking to provide foster care or to adopt a minor who knowingly makes a false statement that is included in the written report of a home study conducted pursuant to Section 3107.02 or Section 5103.03 of the Revised Code is guilty of the offense of falsification under Section 2921.13 of the Revised Code. A home study with a knowingly false statement shall not be filed with the court and if filed may be struck from the court's records

JFS 01680 "Verification of Assessor Qualifications". This form has been revised to capture the revised requirements for documenting when Tier 1 is completed, to document the completing of the additional six hours of training required every two years after Tier 2 is completed and to allow for an assessor to indicate when he/she is no longer qualified to be an assessor.

JFS 01688 "Individualized Child Assessment Form". This form is completed when documentation in the file indicates that there may be compelling reasons to consider needs a child may have regarding RCNO as a factor in a foster or adoptive placement. This form has been revised to require the child's custodial agency to include a description of the compelling reasons documented in the case file that led the agency to request an Individualized Child Assessment.

JFS 01689 "Documentation of the Placement Decision-Making Process". This form is completed for each child or sibling group who are being considered to be matched for placement in the same adoptive family. The section regarding "pre-adoptive staffing" has been removed from this form and made into a separate form.

JFS 01690 "Documentation of the Pre-adoptive Staffing and Updates." This is a new form that must be completed at the pre-adoptive staffing and 30 days prior to each of the required 90 day matching conferences. This form was previously part of the JFS 01689 and was removed in order that it may be updated separately.

JFS 01691 "Application for Child Placement". This form has been revised to add the statement which indicates a person seeking to provide foster care or to adopt a minor who knowingly makes a false statement that is included in the written report of a home study conducted pursuant Section 3107.02 or Section 5103.03 of the Revised Code is guilty of the offense of falsification under Section 2921.13 of the Revised Code. A home study with a knowingly false statement shall not be filed with the court and if filed may be struck from the court's records.

JFS 01692"Application for Adoption of a Foster Child". This form has been revised to add the statement which indicates a person seeking to provide foster care or to adopt a minor who knowingly makes a false statement that is included in the written report of a home study conducted pursuant to Section 3107.02 or Section 5103.03 of the Revised Code is guilty of the offense of falsification under Section 2921.13 of the Revised Code. A home study with a knowingly false statement shall not be filed with the court and if filed may be struck from the court's records.

JFS 01699 "Prefinalization Adoption Assessment Report." This form is used to provide an assessment to the court on how an adoption placement is progressing. Currently, the "Marital Status" section of this form asks whether or not the adoptive parents are legal residents and U.S. citizens and this question is answered for the adoptive parents as a whole. This form has been revised to allow that this question be answered for "Parent #1" and "Parent #2" individually in the event that one of the parents is a legal resident and the other is not. Additional revisions include adding space to list out contacts with the adoptive parents and the child during the placement period.

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 into the FCASM.