This letter transmits three amended Ohio Administrative Code rules governing adoption services and two Ohio Department of Job and Family Services forms. The amendments are being made to provide clarity and to outline a non-discriminatory procedure for narrowing the number of families who must be presented at the matching conference. The following is a brief explanation of the proposed changes. These rules will be effective on May 15, 2009.

OAC 5101:2-42-18.1 entitled Non-discriminatory requirements for foster care placements was amended for re-formatting purposes and to provide clarity regarding the timeframe and circumstances for completing an additional JFS 01688 "Individualized Child Assessment." The rule was amended to include the geographical location of the prospective family whenever geography is being used as a proxy for the race or ethnic composition of the neighborhood. Additional language was added to the rule to clarify the demography of the neighborhood, and presence or lack of significant number of persons of a particular RCNO in the neighborhood.

The rule was also amended to clarify that a licensed professional shall not complete an assessment until the PCSA, PCPA, or PNA has provided the licensed professional with a copy of the JFS "MEPA Educational Materials," a copy of the JFS "Non-discriminatory Requirements for Foster Care and Adoptive Placement," a copy of the OAC rule 5101:2-48-13 and a copy of the OAC rule 5102-48-16 of the Administrative Code.

The rule was amended also to clarify when it has been determined that RCNO should be a factor considered in the child's placement, an updated JFS 01688 and assessment shall be completed prior to the twelve month expiration date.

OAC 5101:2-48-05 entitled Agency adoption policy and recruitment plan was amended. The rule was reformatted to re-organize and categorize information that shall be contained within the agency's adoption policy and adoption recruitment plan. The rule outlines non-discriminatory procedures for identifying how approved adoptive families accepting of the child's characteristics will be considered for possible presentation at a matching conference. This rule also provides examples of non-discriminatory methods for narrowing the number of families who will be selected and presented at the matching conference.

The rule has been amended to provide the minimum recruitment that all agencies must do to provide for a search of families if the agency elects not to search SACWIS. The rule has been amended to assure that the preferences for relatives and foster parents are clearly stated. Also, the rule has been amended to indicate if a relative of foster parents has expressed interest in a child, the agency does not have to hold a matching conference or include other families in the matching conference. Also, the rule was amended to indicate that when two or more families are presented the preferential order is for the relative or foster family.

OAC 5101: 2-48-13 entitled Non-discriminatory requirements for adoptive placements was amended for re-formatting purposes and to provide clarity regarding the timeframe and circumstances for completing an additional JFS 01688.

JFS 01607 entitled MEPA Educational Materials was amended to update the Non-discriminatory Requirements for Foster Care and Adoptive Placements and to include the revised OAC rules 5101:2-42-18.1, 5101:2-48-13 and 5101:2-48-16.

JFS 01611 entitled Non-discriminatory Requirements for Foster Care and Adoptive Placements was amended to update the permissible and prohibited acts as referenced in OAC rules 5101:2-42-18.1 and 5101:2-48-13.

INSTRUCTIONS:

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