(A)A public
children services agency (PCSA), private child placing agency (PCPA) or private
noncustodial agency (PNA) that acts as a representative of the Ohio department
of job and family services (ODJFS) in recommending foster homes for
certification or participates in the placement of children in foster homes and
for adoption shall:
(1)Inform all
individuals applying for approval for adoptive placement that they can also be
studied for foster home certification.
(2)Conduct a joint
homestudy pursuant to the requirements contained in rule 5101:2-5-20 of the
Administrative Code which can result in the simultaneous approval of the
applicant for:
(a)Adoptive
placement.
(b)Foster care
placement.
(B) A PCSA, PCPA
and PNA shall utilize the JFS 01691 "Application for Child Placement"
as the standard form when accepting applications for adoptive placement. A
PCSA, PCPA or PNA shall send the JFS 01691 to any individual requesting an
application for adoption within seven business days of receipt of a request for
an application.
(C)An application
submitted with a knowingly false statement shall not be used to initiate the
homestudy. If a PCSA, PCPA or PNA determines that an application has been
falsified, the PCSA, PCPA or PNA shall follow the procedures outlined in rule
5101:2-33-13 of the Administrative Code.
(D)An agency shall
not begin the homestudy assessment process prior to the receipt of a fully
completed JFS 01691 signed by the adoptive parentapplicant(s).
(E)An agency shall
not accept an application for approval for adoptive placement which does not
contain complete and accurate information.
(F)Upon receipt of
the completed JFS 01691, the PCSA, PCPA, or PNA shall commence the homestudy
process and request the applicant provide additional information including at a
minimum:
(1)Documentation
of current marital status, which shall include a marriage certificate, divorce
decree, or other verification of marital status, if applicable.
(2) To show the
household has an income sufficient to meet the basic needs of the household, an
adoptive applicant shall provide at a minimum:
(a)A complete JFS
01681 "Applicant Financial Statement."
(b)Proof of income
for the household for the most recent tax year prior to the date of
application.
(c)Proof of
income for the household for a two month period. The verification of income
shall not be dated more than six months prior to the agency's approval.
(d)At least one
utility bill for each utility necessary to maintain the household. The bill or
bills shall not be dated more than six months prior to the agency's approval.
(3)The report of
any criminal records check conducted in accordance with section 2151.86 of the
Revised Code. Except as provided in paragraph (D) of rule 5101:2-48-10 of the
Administrative Code, an agency shall not recommend a
person to be approved as an adoptive parent if the person or any adult member
of the applicant'sapprove an adoption homestudy
if the applicant or any adult member of the household has been convicted
of any crime listed in paragraph (C)appendix A ofto rule 5101:2-48-105101:2-7-02 of the Administrative Code.
(G)The PCSA, PCPA
or PNA shall search the statewide automated child welfare information system
(SACWIS) or the central registry of abuse and neglect for each adoptive
applicant and each adult household member of the applicant's home prior to
approval of the adoptive home. This search is to be used to determine the
suitability of the adoptive applicant as an adoptive parent. The search shall
also be conducted within ten days of the addition of any new adult member of
the household.
(H)The
recommending agency shall request a check of the child abuse and neglect
registry of any other state in which an adoptive applicant or other adult
household member in the applicant's home has resided in the five years
immediately prior to the date of the criminal records check as required by
division (A) of section 2151.86 of the Revised Code.
(I)The national
sex offender registry is located at http://www.nsopw.gov/. A national sex
offender registry check is to be completed:
(1)For the
adoptive applicant and each adult who resides with the adoptive applicant. The
results are to be reviewed prior to the agency's approval of the adoption
homestudy. The application may be denied based solely on the results of the
search.
(2)For an approved
adoptive applicant and each adult who resides with the adoptive applicant prior
to the adoption homestudy update. The adoption homestudy update may be denied
solely on the results of the search.
(J) A summary
report of the results of each search shall be placed in the adoptive home
record.
(K)If the PCSA,
PCPA, or PNA determines that an adoptive homestudy cannot be initiated, the
agency shall send written notification to the applicant stating the reason for
not initiating the homestudy and a description of procedures for requesting a
review of the agency's decision. The notification shall be sent to the
applicant no later than fifteen days after the application was submitted.
(L)An applicant
shall have the opportunity to revise the JFS 01691 at any time regarding the
characteristics or number of children desired. If the agency, based upon
receipt of a revised JFS 01691, determines that the applicant is now seeking a
special needs child, requirements and time frames for the application and
homestudy process shall begin with the date that the revised JFS 01691 is
received by the agency. If the applicant revises the JFS 01691 and does not
seek to adopt a special needs child, the time frames for the application and
homestudy process shall be consistent with the agency's adoption policy
prepared pursuant to rule 5101:2-48-05 of the Administrative Code.
(M)Upon request,
the PCSA, PCPA or PNA shall assist the applicant in completing the application
and securing all required documents and information.
(N)The PCSA, PCPA
or PNA shall not continue with the homestudy process if all required
documentation is not submitted within one hundred eighty days of the receipt of
the initial or revised JFS 01691 unless the agency makes a determination that
the homestudy should not be terminated and documents this on the JFS 01673
"Assessment for Child Placement." The applicant shall be notified, in
writing, at least thirty days prior to the termination of the application.
Written notification shall contain an explanation of the reason for termination
and a description of the procedures for requesting a review of the agency's
decision.
(O)The PCSA, PCPA,
or PNA shall document that each person seeking adoption approval successfully
completes preservice training, prior to approval of the homestudy. Preservice
training shall address the following components:
(1)The legal
rights and responsibilities of adoptive parents.
(2)The
recommending agency's policies and procedures.
(3) ODJFS
requirements for approving adoptive applicants.
(4)The effects
placement, separation and attachment issues have on children and their
families.
(5)Caregivers' involvement
in permanency planning for children and their families and post adoptive issues
for children and families including availability of adoption subsidies.
(6)The dynamics of
physical abuse, sexual abuse, emotional abuse, neglect, and substance abuse on
human growth and development.
(7)Behavior
management techniques.
(8)Effects of
caregiving on children's families.
(9)Prevention, recognition, and management
of communicable diseases.
(10)Community health and social services
available to children and their families.
(11)(9)At least three
hours of training on culturalCultural
issues including cultural diversity training and an overview of the Multiethnic
Placement Act, Oct. 20, 1994, P.L. 103-382, as amended by Section 1808 of the
Small Business Job Protection Act of 1996, Aug. 20, 1996, P.L. 104-188 (MEPA),
and the Civil Rights Act of 1964 (Title VI), as it applies to the foster care
and adoption process.
(12)(10)The substance of section 2152.72 of the
Revised Code which deals with the information required to be shared with a
prospective adoptive parent before a child who has been adjudicated a
delinquent child for the commission of certain violent crimes is placed with a
prospective adoptive parent. A course addressing section
2152.72 of the Revised Code shall not be less than one hour long.
(P)A PCSA, PCPA,
or PNA may waive components of the training if the assessor determines that the
family has received training previously or the family has the skills to care
for the needs of the child that will be placed in the home. The three hour requirement for cultural issues shall not be
waived. When a waiver has been granted by the agency, it shall document
the waiver in the case record.
(Q)No agency shall
deny the acceptance of the JFS 01691 based on race, color, national origin, handicapdisability, age,
gender, sexualgender
identity, or sexual orientation of the applicant.
Effective: 2/1/2022
Five Year Review (FYR) Dates: 3/1/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 01/18/2022
Promulgated Under: 119.03
Statutory Authority: 2151.86, 3107.033, 5103.03
Rule Amplifies: 2151.86, 2152.72, 3107.033
Prior Effective Dates: 07/01/1990, 09/01/1994, 09/18/1996,
12/31/1996 (Emer.), 03/31/1997, 02/13/1998 (Emer.), 05/14/1998, 12/31/1998
(Emer.), 04/15/1999, 11/12/2002, 09/01/2003, 12/11/2006, 08/21/2008,
10/01/2014, 08/01/2017, 03/01/2021