(A)The public
children services agency (PCSA), private child placing agency (PCPA) or private
noncustodial (PNA) shall obtain information for the social and medical
histories of the biological parents from the following sources:
(1)Written
information and interviews with the biological parents of the child.
(2)Written
information and interviews with other persons having knowledge of the
biological parents and their ancestors.
(3)Any available
records, if the biological parents or the legal guardian of the biological
parents consents to release of information contained in the record.
(4)Results of a
medical examination that the PCSA, PCPA or PNA may have requested for the
biological parent. In the event the biological parents refuse to consent to a
medical examination, this shall be noted on the JFS 01616 "Social and
Medical History" (rev. 6/2009).
(B)Blank copies of
the JFS 01616 shall be provided to the biological parents or other persons who
can supply social and medical information on the biological parents and their
ancestors.
(C)The PCSA, PCPA,
or PNA shall complete an initial JFS 01616 prior to termination of parental
rights, whether by court commitment or permanent surrender to assure:
(1)There is
sufficient information available to place the child appropriately.
(2)The
prospective adoptive family has sufficient information on the social and medical
history of the biological family in order to make an informed decision about
accepting placement of the child.
(3)Appropriate
subsidies can be planned for the child and family.
(D)Following
termination of parental rights, the PCSA, PCPA, or PNA shall continue to obtain
additional social and medical information on the biological parents and the
ancestors of the minor which can be used to update or complete the JFS 01616.
All social and medical history information needed to complete the JFS 01616
shall be obtained prior to submission of the JFS 01699 "Prefinalization
Adoption Assessment Report" (rev. 12/2006) to
the court in accordance with the requirements contained in rule 5101:2-48-17 of
the Administrative Code.
(E)When completing
the JFS 01616, the PCSA, PCPA, or PNA shall not include identifying information
about the biological parents or other ancestors of the minor.
(F)If any of the
social and medical history information is not available, the agency shall
document and maintain in the case record attempts to obtain this information.
(G) The PCSA, PCPA
or PNA shall advise the biological parents or other persons supplying
information of the right to correct or expand upon the information contained on
the JFS 01616 at any time prior to or subsequent to the adoption of the child,
including any time after the child becomes an adult, by submitting such
correction or expansion to the assessor, the court involved in the adoption,
the Ohio department of health (ODH), or the Ohio department of job and family
services (ODJFS).
(H)The assessor,
court, ODH or ODJFS receiving corrected or additional information to include on
the JFS 01616 shall determine compliance with section 3107.09 or 3107.091 of
the Revised Code prior to filing it with the court that issued the
interlocutory order or final decree of adoption.
(I)If the
assessor, court, ODH or ODJFS determines that the information supplied for
inclusion in the social and medical history cannot be included in the record,
written notification of this decision shall be made to the biological parent or
other person supplying the information. The written notification shall also
indicate that upon receipt of the notification, a petition can be filed with
the court which was involved in the adoption to request the court review the
information and determine whether the information may be included in the social
or medical history.
(J)The PCSA, PCPA,
or PNA shall provide biological parents with a copy of the social and medical
history information obtained at the time of termination of parental rights.
(K)The assessor
shall provide the completed copy of the JFS 01616 to the:
(1)Prospective
adoptive family.
(2)Court where the
petition for adoption has been filed at the time the JFS 01699 is submitted in
accordance with the requirements contained in rule 5101:2-48-17 of the
Administrative Code.
(L)The court may
refuse to issue an interlocutory order or final decree of adoption if the
assessor has not filed the JFS 01616 unless the assessor certifies to the court
that information needed to prepare the histories is unavailable for reasons
beyond the assessor's and the PCSA, PCPA or PNA's control.
(M) The assessor
shall advise the adoptive parents that if they wish to be notified when social
and medical histories are updated or expanded pursuant to paragraph (G) of this
rule, the JFS 01679 "Request for Notification"
(rev. 6/2006) can be completed and filed with the court at any time.
(N)The assessor
shall advise adoptive parents that:
(1)They may
inspect all forms pertaining to the social and medical history of biological
parents filed with the court prior to the child reaching age eighteen.
(2)After the
child reaches age eighteen, only the adopted person may inspect the court
files.
(O) The assessor is
not required to complete the JFS 01616 if the child is being adopted by a
stepparent or grandparent.
Effective: 3/1/2021
Five Year Review (FYR) Dates: 11/30/2020 and 03/01/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 02/09/2021
Promulgated Under: 119.03
Statutory Authority: 3107.09, 3107.17, 5103.03
Rule Amplifies: 3107.09, 3107.17
Prior Effective Dates: 01/14/1983, 06/01/1985 (Emer.), 08/12/1985,
07/01/1990, 09/01/1994, 09/18/1996, 02/13/1998 (Emer.), 05/14/1998, 09/01/2003,
12/11/2006, 05/15/2009, 10/01/2014