This letter transmits Ohio Administrative Code (OAC) rules 5101:2-5-20, 5101:2-5-21, 5101:2-5-30, 5101:2-48-11, 5101:2-48-11.1, 5101:2-48-12, 5101:2-48-12.1, 5101:2-48-12.2, 5101:2-48-19 and the JFS 01334, JFS 01653 and JFS 01692 which were amended as a result of H.B. 7 of the 127th General Assembly. Several of these rules were also amended as a result of the five year review process. This letter also transmits a new rule, OAC 5101:2-48-12.2. These rules and forms will be effective July 1, 2009.

The following is a brief explanation of the proposed changes:

OAC 5101:2-5-20 entitled Initial application for child placement provides agency guidelines for an initial application for child placement. This rule was amended for clarity and to include language indicating that forms used for local or state fire inspections may be used in lieu of the JFS 01200 "Fire Inspection Report for Residential Facilities Certified by ODJFS." This rule was also amended as a result of the five year review process.

OAC 5101:2-5-21 entitled Agency assessment of an initial application for a foster home certificate outlines the assessment process for a prospective foster caregiver. This rule was amended for clarity and to include the new revision date for the JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and all Household Members." This rule was also amended as a result of the five year review process.

OAC 5101:2-5-30 entitled Change in household occupancy; change in marital status; change of address outlines the procedures an agency must follow when a change in occupancy, marital status or address has occurred. This rule was amended for clarity and to include the new revision date for the JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and all Household Members." This rule was also amended as a result of the five year review process.

OAC 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 as a result of the five year review process and to include the new revision date for the JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and all Household Members."

OAC 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 and the title of the rule were amended to change the time frame from "twelve consecutive months" to "six consecutive months" and to include the new revision dates for the JFS 01692 "Application for Adoption of a Foster Child," JFS 01691 "Application for Child Placement" and JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and all Household Members."

OAC 5101:2-48-12 entitled Completion of the homestudy report outlines the homestudy process for prospective adoptive applicants, the procedures for approving or denying an applicant as an adoptive parent and who may conduct adoptive homestudies. This rule was amended to include language that an assessor shall interview all members of the household over the age of four, to clarify the requirements of an adoption assessor who is conducting homestudies, remove language requiring five year proof of residency in Ohio and to clarify what documents are required for a homestudy. Other amendments to this rule include the removal of the six year expiration of a homestudy.

OAC 5101:2-48-12.1 entitled Completion of adoption homestudy updates outlines the requirements for completing an update to an adoptive homestudy. This rule was amended as a result of the five year review process and to change the title as all references to the homestudy amendment process have been placed in a separate rule. This rule was also amended to include clarification on when new criminal records checks are required for adoptive parents and household members and to remove language regarding amendment of a homestudy as this language is now in a separate rule.

OAC 5101:2-48-12.2 entitled Completion of adoption homestudy amendment is a new rule which outlines the requirements for completing an amendment to an adoptive homestudy. This language was removed from rule 5101:2-48-12.1 and placed in this rule. This rule was also amended to change the timeframe for notification of circumstances involving the adoptive child in the home from "within twenty-four hours" to "within one hour." This rule is also being amended to specify that within twenty-four hours or the next working day the agency shall be notified of any "serious" illness or death of an approved adoptive parent of household member and to outline the agency's responsibilities upon notification of a change of address by an adoptive parent.

OAC 5101:2-48-19 entitled Sharing and transferring adoptive homestudies outlines the procedures for sharing and transferring an adoptive homestudy. The title of this rule has been changed and due to its restructuring, this rule is being filed as new. This rule was amended as a result of the five year review process and to clarify the procedures for sharing and transferring adoptive homestudies.

JFS 01334 "Recommendation for Transfer of a Foster or Adoptive Home" (rev. 6/2009) was amended to allow the form to also be used for adoptive homes.

JFS 01653 "Medical Statement for Foster Caregiver/Adoptive Applicant and all Household Members" (rev. 6/2009) was amended to remove the line regarding having a licensed physician complete the form and to add a box at the bottom of the second page for the person signing the form to specify their profession.

JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009) was amended to change the timeframe that a child has to reside with the caregiver from twelve months to six months.

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.