This letter transmits nine Ohio Administrative Code (OAC) Chapter 5101:2-48 rules which seven were amended as a result of the five-year review, along with six amended rules and one amended form as a result of the passage of the Family First Prevention Services Act and other legislative updates.  These rules will be effective March 1, 2021. The following is a brief explanation of the changes:

OAC 5101:2-48-03 entitled Requirement of Social and Medical History provides guidance to agencies regarding the requirement to obtain information for the social and medical histories of the biological parents. Form revision dates were removed throughout the rule.

OAC 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. Form revision dates were removed throughout the rule.

OAC 5101:2-48-08 entitled Adoption Inquiry provides guidance to agencies on the procedures an agency must take when contacted by a prospective adoptive applicant. Form revision dates were removed throughout the rule and the state foster care and adoption website link was added.

OAC 5101:2-48-09 entitled Application Process and Preservice Training provides guidance to agencies regarding the process and training required for persons seeking adoption approval. A new paragraph (I) was added to require a search of the national sex offender registry for adoptive applicants and adult household members. Form revision dates were removed throughout the rule.

OAC 5101:2-48-11 entitled Approval of a Foster Home for Adoptive Placement provides guidance to agencies for persons wanting to add adoption approval to an existing foster care certification. Paragraph (A)(4)(i) was added to require a search of the national sex offender registry for the adoptive applicant and adult household members.  Form revision dates were removed throughout the rule and name of bureau of criminal investigation updated.

OAC 5101:2-48-11.1 entitled Foster Caregiver Adoption of a Foster Child or Sibling Group Who has Resided with the Caregiver for at Least Six Consecutive Months provides guidance to agencies regarding the adoption process for a child or sibling group who has resided with a caregiver for at least six consecutive months.  Paragraph (J)(4) was reworded to remove BCI and FBI reports and change to criminal record checks so that sex offender registry checks would be included. Form revision dates were removed throughout the rule. 

OAC 5101:2-48-12 entitled Completion of the Adoption Homestudy provides guidance to agencies on the homestudy process for prospective adoptive applicants.  Paragraphs (Q)(1), (Q)(8) and (Q)(11) were amended regarding interviews, physical exams and references for prospective adoptive applicants and their adult household members. Paragraph (Q)(3)(b) was amended to provide reference to the offense list in appendix A to rule 5101:2-7-02.  (Q)(6) was added as a new paragraph to require a search of the national sex offender registry for adoptive applicants and adult household members. New paragraphs, (Q)(15) and (Q)(16), were added to require smoke alarms and carbon monoxide detectors in the adoptive applicant’s home. Amendments are due to legislative changes of the Family First Prevention Services Act and to align adoption requirements with foster care requirements. Remove from paragraph (W) information about submitting the JFS 01318 “SACWIS Private Agency Provider Request” since private agencies have provider access to enter homestudies in SACWIS. Form revision dates were removed throughout the rule.

OAC 5101:2-48-12.1 entitled Adoption Homestudy Updates provides guidance to agencies regarding how to update the adoption homestudy every two years. Paragraphs (D), (G) and (H) were revised, since private agencies have provider access to enter homestudies in SACWIS and JFS 01318 “SACWIS Private Agency Provider Request” will no longer be used. Paragraphs (E)(1), (E)(7), (E)(10) and (F) regarding interviews and references for prospective adoptive applicants were amended due to legislative changes of the Family First Prevention Services Act and to align adoption requirements with foster care requirements. A new paragraph (E)(11) was added to require a search of the national sex offender registry for approved adoptive parents and adult household members when there is an adoption homestudy update. Form revision dates were removed throughout the rule.

OAC 5101:2-48-12.2 entitled Required Notification and Adoption Homestudy Amendments provides guidance to adoptive families regarding when they are to notify the agency of certain changes, and guidance to agencies regarding how to complete amendments.  Paragraph (E)(4) was amended and (E)(5) was removed, since private agencies have provider access to enter homestudies in SACWIS and JFS 01318 “SACWIS Private Agency Provider Request” will no longer be used.  Paragraph (F)(1) was amended to provide that the JFS 01653 is completed for new household members. Paragraph (F)(2) was amended to include a search of the national sex offender registry for new adult household members.  Form revision dates were removed throughout the rule.

INSTRUCTIONS:  The following chart indicates the material that should be removed from the Family, Children and Adult Services Manual (FCASM) and the materials that are to be inserted in the FCASM.