FCASMTL 341 (Amendments to Adoption OAC Chapter 5101:2-48)
Family, Children and Adult Services Manual Transmittal Letter No. 341
October 1, 2014
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendments to Adoption OAC Chapter 5101:2-48.

This letter transmits ten amended rules surrounding adoption updates as a result of the Five Year Review. These rules will be effective October 1, 2014. The following is a brief explanation of the changes:

OAC rule 5101:2-48-02, entitled "Putative father registry," provides guidance regarding the procedures of registering with the Putative Father Registry and completing a check of the registry. Paragraph (A) was removed because it is duplicative and also found in rule 5101:2-1-01. Paragraphs (C),(G),(L) and (N) were removed because they outlined the responsibilities of ODJFS. New paragraphs (B),(C) and (E) were revised to add the registry website as a source of information and also a venue to register or request a search electronically. All other changes were made as a result of the Partners for Ohio Families rule review for clarity and ease of the reader.

OAC rule 5101:2-48-03, entitled "Requirement of social and medical history," provides guidance to agencies regarding the requirement to obtain historical information from birth families prior to the adoption of a child. The only change to this rule was to update the revision date of the JFS 01616 "Social and Medical History" form.

OAC rule 5101:2-48-06, entitled "Assessor roles and responsibilities for foster care and adoption," provides guidance to agencies, attorneys, and courts that employ or contract with assessors to provide specific foster care and adoption services. The rule was amended to add in courts that contract with assessors for adoption purposes and to clarify that those workers completing certain foster care services must also be assessors. Other changes were made for clarity as a result of the Partners for Ohio Families rule review.

OAC rule 5101:2-48-09, entitled "Application process and preservice training," gives agencies guidance regarding the process and training required for persons seeking adoption approval. Paragraphs (A) and (B) were revised for clarification purposes. Paragraph (C) was revised to better align with foster care requirements. Paragraph (H) was removed as it was unnecessary due to the requirement in (G). The new paragraph (I) was revised because it listed a requirement that ODJFS is responsible for. The new paragraph (N) was revised to align adoption and foster care training requirements. Foster care training rule revisions will be forthcoming. All other changes were the result of discussion and review of the Partners for Ohio Families rule review process.

OAC rule 5101:2-48-10, entitled "Restrictions concerning provision of adoption services," provides guidance to agencies regarding the criminal records check requirement for adoption approval. No substantive changes were made to this rule.

OAC rule 5101:2-48-11, entitled "Approval of a foster home for adoption placement," provides guidance to agencies for persons wanting to add adoption approval to an existing foster care certification. All changes made to this rule were for the clarification and ease of the reader, as a result of the Partners for Ohio Families rule review process.

OAC rule 5101:2-48-17, entitled "Assessor visits and contacts with children in adoptive homes prior to finalization," provides guidance to agencies regarding prefinalization visits with adoptive families. Paragraph (E) was revised to refer all adoptive placements outside Ohio to the Interstate Compact for the Placement of Children (ICPC) rules located in Chapter 5101:2-52 of the Administrative Code. All other changes made to this rule were for the clarification and ease of the reader, as a result of the Partners for Ohio Families rule review process.

OAC rule 5101:2-48-18, entitled "Postfinalization services," gives agencies guidance regarding their policies on the postfinalization adoption services they will provide, and what procedures to follow in the event they do not provide a service that is requested or needed by an adoptive family. A clarification was made to paragraph (A) regarding the definition of agency for the purpose of this specific rule.

OAC rule 5101:2-48-20, entitled "Release of identifying and nonidentifying information," provides guidance to agencies regarding the information that is able to be shared with adopted children and adoptive parents at different times. The changes made for this rule were for clarification purposes.

OAC rule 5101:2-48-21, entitled "Child study inventory," provides guidance to agencies regarding the collective information about the child to be adopted. The only change made to this rule was to update the revision date of the JFS 01616 "Social and Medical History" form.

INSTRUCTIONS: The following chart identifies the material that should be removed from the Family, Children and Adult Services Manual (FCASM) and the material that should be added.

LOCATIONREMOVE AND FILE AS OBSOLETEINSERT/REPLACEMENT
Adoption OAC 5101:2‑48‑02OAC 5101:2‑48‑02
 OAC 5101:2‑48‑03OAC 5101:2‑48‑03
 OAC 5101:2‑48‑06OAC 5101:2‑48‑06
 OAC 5101:2‑48‑09OAC 5101:2‑48‑09
 OAC 5101:2‑48‑10OAC 5101:2‑48‑10
 OAC 5101:2‑48‑11OAC 5101:2‑48‑11
 OAC 5101:2‑48‑17OAC 5101:2‑48‑17
 OAC 5101:2‑48‑18OAC 5101:2‑48‑18
 OAC 5101:2‑48‑20OAC 5101:2‑48‑20
 OAC 5101:2‑48‑21OAC 5101:2‑48‑21
Transmittal Letters FCASMTL No. 341