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
|