This Procedure Letter outlines steps which shall be taken in instances where an agency discovers information contained within a homestudy, either from its own agency or one that has been received from another agency, references the racial or ethnic composition of the neighborhood, the demographics of the neighborhood, and/or the presence or lack of presence of a significant number of persons of a particular race, color, or national origin in the neighborhood.

Ohio Administrative Code (OAC) rules 5101:2-48-13 "Non-discrimination requirements for adoptive placements" and 5101:2-42-18.1 "Non-discrimination requirements for foster care placements," prohibit delaying or denying placement of a child based upon the geographical location of the neighborhood of the prospective foster caregiver or adoptive family whenever geography is being used as a proxy for the racial or ethnic composition of the neighborhood. OAC rules 5101:2-48-13 and 5101:2-42-18.1 also prohibit delaying or denying placement of a child based on the demographics of the neighborhood and the presence, or lack of presence, of a significant number of persons of a particular race, color, or national origin in the neighborhood.

When an agency discovers a homestudy which contains an assessment prohibited by OAC rules 5101:2-48-13 and 5101:2-42-18.1, such as a description of the racial composition of the neighborhood, the agency shall:

1.Consult with its legal counsel with respect to all homestudies that contain language referencing the racial composition of the neighborhood;

2.Place a Multi-ethnic Placement Act (MEPA) alert on the section of the homestudy which references the racial composition of the neighborhood, indicating the language contained in the homestudy is prohibited by MEPA and that the section will not be considered in the placement decision-making process;

3.Return a copy of the homestudy containing the MEPA alert to the agency which originally completed and/or submitted the homestudy, indicating that the section referencing the racial composition of the neighborhood will not be considered in the placement decision-making process; and,

4.Forward to the Ohio Department of Job and Family Services' Child Welfare Policy Section - Team 2, a copy of the homestudy and notice that was sent to the offending agency. The information shall be forwarded to the following address: P.O. Box 182709, Columbus, Ohio 43218-2709.

INSTRUCTIONS:

The following chart depicts what materials should be removed from and what material should be inserted into the Family, Children and Adult Services Manual (FCASM).