This letter transmits Ohio Administrative Code (OAC) rules governing Adoption Services that are being revised as a result of passage of Sub. SB 163 of the 127th General Assembly and the five year rule review. OAC 5101:2-48-07, 5101:2-48-10, 5101:2-48-11 and 5101:2-48-12.1 will be effective August 14, 2008. OAC 5101:2-48 09 and 5101:2-48-12 will be effective August 21, 2008. OAC 5101:2-48-11.1 will be effective September 9, 2008.

The following is a brief explanation of the changes.

5101:2-48-07 entitled Listing and withdrawing children and families with the Ohio adoption photo listing, OAPL web page and the OAPL families waiting to adopt book outlines the procedures for listing and withdrawing children on the Ohio Adoption Photo Listing (OAPL). This rule was amended to require that a child must be placed on the OAPL unless the child is matched with an approved adoptive family or the agency is in the process of conducting an adoptive homestudy with an identified family and that family has submitted a JFS 01691 "Application for Child Placement" or JFS 01692 "Application for Adoption of a Foster Child." The language regarding placing siblings together has been revised for clarity, references to the "OAPL Web page" and the "special status" category have been removed and the procedure that children can be removed from OAPL if preadoptive placement visits are in effect has been removed and replaced with language indicating that a child may be withdrawn if an agency has received a JFS 01691 or JFS 01692.

5101:2-48-09 entitled Application process and preservice training outlines the application process and the preservice training required for prospective adoptive applicants. This rule was amended to clarify the language which outlines the responsibilities an agency has when they have been authorized to place children for adoption or recommend homes for foster care certification and to clarify the language regarding applications submitted with knowingly false statements. The reference to the JFS 01530 "Multiple Children/Large Family Assessment" has been removed and new requirements for the bureau of criminal identification and investigation (BCII) criminal background checks have been included. Language regarding the required search of the statewide automated child welfare information system (SACWIS) has been placed in this rule, "Permanency Issues for Children" and "Permanency Issues for Families" has been added to the list of components for preservice training and language has been added to indicate that the three hour requirement for "Cultural Issues" shall not be waived.

5101:2-48-10 and Appendix A entitled Restrictions concerning provision of adoption services outlines the bureau of criminal identification and investigation (BCII) requirements for prospective adoptive parents. This rule was amended to include the new requirements for BCII criminal background checks, to add additional offenses to the list of prohibited criminal offenses and to mirror the criminal records check language that is in the foster care rules. In addition, the county department of job and family services has been added to the list of entities that may receive a copy of the criminal records check report. Appendix A was amended to include additional offenses that will prohibit the approval of an adoptive placement if a prospective adoptive parent or adult household member has been convicted of or pleaded guilty to.

5101:2-48-11 entitled Approval of a foster home for adoptive placement outlines the procedures for approving a foster home for adoptive placement. This rule was amended to remove the language regarding the required search of the SACWIS system, remove the language regarding notification of initiation of a homestudy and include new requirements for the bureau of criminal identification and investigation (BCII) criminal background checks. New language has been added to this rule to indicate that agencies must search SACWIS in accordance with the procedures outlined in rule 5101:2-48-09 and must notify the PCSA of initiation of a homestudy in accordance with the procedures outlined in rule 5101:2-48-12. Language regarding applications submitted with knowingly false statements has been revised for clarity and the language regarding notification of impending placement has been removed and replaced with language requiring agencies notify the PCSA of impending placement in accordance with the procedures outlined in rule 5101:2-48-12.

5101:2-48-11.1 entitled Foster caregiver adoption of a foster child who has resided with the caregiver for at least twelve consecutive months outlines the adoption process for a child who had resided with a caregiver for at least twelve consecutive months. This rule was amended to remove the language regarding the required search of the SACWIS system, remove the language regarding notification of initiation of a homestudy, clarify the language regarding applications submitted with knowingly false statements and include new requirements for the bureau of criminal identification and investigation (BCII) criminal background checks. New language has been added to this rule to indicate that agencies must notify the PCSA of initiation of a homestudy in accordance with the procedures outlined in rule 5101:2-48-12, search SACWIS in accordance with the procedures outlined in rule 5101:2-48-09 and notify the PCSA of impending placement in accordance with the procedures outlined in rule 5101:2-48-12.

5101:2-48-12 entitled Completion of the homestudy report outlines the homestudy process for prospective adoptive applicants, the procedures for approving an applicant as an adoptive parent or denying the adoption application and who may conduct adoptive homestudies. This rule was amended to include the definition for "commencement of a homestudy," remove the requirement and procedures for conducting a search of SACWIS, new language that indicates agencies must search SACWIS in accordance with the procedures outlined in rule 5101:2-48-09 and new requirements for the bureau of criminal identification and investigation (BCII) criminal background checks. Additional amendments include clarification of the language regarding notice of initiation of an adoptive homestudy and notice of impending placement and clarification of what information must be contained in the notification letter. Final amendments to this rule include clarification on what documents must be attached to the JFS 01673 "Assessment for Child Placement (Homestudy)" and what professionals must sign off on the JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members."

5101:2-48-12.1 entitled Completion of adoption homestudy updates and amendments outlines the requirements for completing an update or amendment to an adoptive homestudy. This rule was amended to clarify when homestudy updates are due, exempt international-only adoptions from using the JFS 01385 "Ohio Department of Job and Family Services Assessment for Child Placement Update," clarify what documents must be completed and attached to the JFS 01385, and mandate use of the JFS 01200 "Fire Inspection Report for Residential Facilities Certified by ODJFS" for a fire inspection of a prospective adoptive parent's home. This rule was also amended to include the new requirements for BCII criminal background checks, the process for criminal background checks at the time of update and a timeframe for completion of criminal background checks for new adult household members. Final revisions to this rule include a timeframe for completion of the JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" for new household members, including children, and the requirement that when any member of the household reaches the age of eighteen a BCII check must be completed within ten days of that persons eighteenth birthday.

INSTRUCTIONS:

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