FCASMTL 382 (Amendments to Foster Care and Adoption Rules)
Family, Children and Adult Services Manual Transmittal Letter No. 382
June 15, 2017
TO: Family, Children and Adult Services Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Amendments to Foster Care and Adoption Rules 5101:2-5-13, 5101:2-48-05, 5101:2-48-09, 5101:2-48-12, 5101:2-48-13 and 5101:2-48-24

This letter transmits six amended rules reflecting updates to the foster care and adoption rules as a result of feedback from public and private agencies, as well as a review of federal statutes. The rules will be effective 8/1/2017. The following is a brief explanation of the changes:

OAC rule 5101:2-5-13, entitled "Required agency policies, plans and procedures" provides guidance to agencies regarding the policies and practices they are required to have in place. Paragraphs (A) and (B) were amended to allow agencies ninety days to submit any revised plans or policies to the Ohio Department of Job and Family Services (ODJFS). The reference to the Multiethnic Placement Act in paragraph (A)(2) was updated. Paragraph (A)(7) was revised to more accurately describe the notification requirements. Paragraph (E) was added to align with the language in the adoption policy rule 5101:2-48-05.

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 in place. A new section was added to paragraph (B)(3) regarding notification requirements. This requirement was previously only in the foster care policy rule, and was added to this rule for clarity. Paragraph (B)(14) was amended to add and clarify policy requirements in relation to state and federal adoption assistance. Paragraph (B)(18) was removed as it was not consistent with current law. The reference to the Multiethnic Placement Act in paragraph (C) was updated. Paragraphs (E) and (H) were amended to allow agencies ninety days to submit any revised plans or policies to ODJFS. Paragraph (I) was amended to state that the fee schedule must not discriminate against adoptive applicants or approved adoptive parents. Paragraph (J) was amended to align with the child-specific recruitment requirements in rule 5101:2-48-16.

OAC rule 5101:2-48-09, entitled "Application process and preservice training" provides guidance to agencies related to application and training requirements for those interested in adopting. The reference to the Multiethnic Placement Act in paragraph (N) was updated.

OAC rule 5101:2-48-12, entitled "Completion of the adoption homestudy" provides guidance to assessors regarding the requirements for an adoption homestudy. The reference to the Multiethnic Placement Act in paragraph (F)(1) was updated.

OAC rule 5101:2-48-13, entitled "Non-discrimination requirements for adoptive placements" provides guidance to agencies regarding the actions they can and cannot take in making a decision for an adoptive placement. The reference to the Multiethnic Placement Act in paragraph (B) was revised. Paragraph (I) was revised for clarity.

OAC rule 5101:2-48-24, entitled "Agency adoption review procedures" provides guidance to agencies regarding the procedures for reviewing complaints from adoptive applicants and adoptive families. Paragraph (E) was removed because it was an inaccurate directive. Adoptive families do not have a right to a state hearing if they believe they were denied a placement due to geographic location, however they may request an agency review.

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.

LOCATION

REMOVE AND FILE

AS OBSOLETE

INSERT/

REPLACEMENT

Foster Care Licensing OAC 5101:2‑5‑13 OAC 5101:2‑5‑13
Social Services OAC 5101:2‑48‑05 OAC 5101:2‑48‑05
  OAC 5101:2‑48‑09 OAC 5101:2‑48‑09
  OAC 5101:2‑48‑12 OAC 5101:2‑48‑12
  OAC 5101:2‑48‑13 OAC 5101:2‑48‑13
  OAC 5101:2‑48‑24 OAC 5101:2‑48‑24
Transmittal Letters   FCASMTL No. 382