FCASMTL 362 (Amendments to Adoption Rules 5101:2-48-05 and 5101:2-48-16)
Family, Children and Adult Services Manual Transmittal Letter No. 362
November 6, 2015
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendments to Adoption Rules 5101:2-48-05 and 5101:2-48-16

This letter transmits two amended rules reflecting updates as a result of aligning the foster care and adoption recruitment plan requirements, as well as feedback from public and private agencies regarding matching procedures that were contradictory and in need of alignment. The rules will be effective December 1, 2015. The following is a brief explanation of the changes:

  • OAC rule 5101:2-48-05, entitled "Agency adoption policy and recruitment plan" provides guidance to agencies regarding the policies they are required to have, including their adoption recruitment plan. Paragraph (B)(2)(g) was revised to clarify when a large family assessment is due, in alignment with a change to rule 5101:2-48-12 of the Administrative Code. Paragraph (B)(4) was revised to remove private noncustodial agencies from the requirement, as they would not be requesting a homestudy for matching purposes. Paragraph (B)(9) was revised to simply refer agencies to rule 5101:2-48-16 of the Administrative Code in creating their matching policy, in an effort to alleviate any discrepancies. Paragraph (B)(10) was revised to accentuate the preference to keep siblings together whenever possible and in their best interests. The language in paragraph (F) was added to paragraph (E). The language in paragraph (I) was added to paragraph (G). Paragraphs (L) and (M) were taken from the requirements located in rule 5101:2-5-13 for foster care policies, in a continued effort to align the two programs. All other revisions were not substantive and were for grammar purposes or for the ease of the reader.
  • OAC rule 5101:2-48-16, entitled "Adoption preplacement and placement procedures" provides guidance to agencies regarding what is required between the time of permanent custody and the time of adoption. Language was added to paragraph (H) to ensure that the appropriate individuals who are required to be invited to the pre-adoptive staffing are given appropriate notice to the meeting, or any changes or cancelations to the meeting. Identical language was added to paragraph (N) for the purposes of the matching conferences. The language in paragraph (U)(5) was taken from the stricken language in rule 5101:2-48-05 of the Administrative Code. Paragraph (V) was revised to clarify, in one rule, what the matching preference order is when all possible placement options are in the best interest of the child. Language was added to paragraph (AA) to require a specific timeframe for when information must be given to other agencies after a matching conference. Private noncustodial agencies were removed from paragraph (DD) as a noncustodial agency is not to be placing children out of state in adoptive homes, and private child placing agencies were added to the paragraph as they are permitted to place out of state. Paragraphs (II) and (JJ) were added to the language in paragraphs (LL) through (NN). All other revisions were not substantive and were for grammar purposes or for the ease of the reader.

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
AdoptionOAC 5101:2‑48‑05OAC 5101:2‑48‑05
 OAC 5101:2‑48‑16OAC 5101:2‑48‑16
Transmittal Letters FCASMTL 362