(A)All adoption
homestudies shall be updated every two years from the date of approval of the
initial homestudy or the date of approval of the most current update, whichever
is more recent. If a homestudy is simultaneously approved for adoption and
certified for foster care by the same agency, the spans shall be the same for
both programs from the date of the foster home certification.
(1)If an approved
adoptive home is subsequently certified for foster care by the same agency that
approved the home for adoption, the adoptive homestudy shall be updated at the
same time the home is initially certified for foster care so that the spans will
coincide.
(2)If a certified
foster home is subsequently approved for adoption by the same agency that
certified the home for foster care, the next adoption update shall be completed
when the current foster care certificate is recertified so that the spans will
coincide.
(B)The public
children services agency (PCSA), private child placing agency (PCPA), or
private noncustodial agency (PNA) shall ensure that employees or persons under
contract with the agency to complete adoption homestudy updates comply with the
following requirements.
(1)The assessor
definition in rule 5101:2-1-01 of the Administrative Code.
(2)Rule
5101:2-48-06 of the Administrative Code.
(3)Section
3107.014 of the Revised Code.
(C)The agency
shall notify the adoptive parent(s) of the date of expiration of the homestudy
not fewer than ninety days or more than one hundred fifty days prior to the
expiration date. The notification shall:
(1)Identify any
information or documentation that is required for the homestudy update.
(2)Be completed on
the JFS 01331, "Notice of Expiration and Reapplication for a Foster Home
Certificate or Adoption Homestudy Approval" (rev.
12/2014).
(D)Following
agency notification to the adoptive parent as required by paragraph (C) of this
rule, if the adoptive parent fails to either reapply or voluntarily terminate
prior to the expiration date of the approval, the homestudy approval shall
expire. If the family wishes to have an adoption homestudy approval after the
expiration date, they shall reapply through the initial homestudy application
process pursuant to rule 5101:2-48-09 of the Administrative Code.
Following the expiration of an adoption homestudy, approval:the agency is to enter the appropriate data into the statewide
automated child welfare information system (SACWIS) to close the adoption
homestudy.
(1)If the agency has access to the statewide
automated child welfare information system (SACWIS), the agency shall enter the
appropriate data into the system to close the adoption homestudy.
(2)If the agency does not have access to
SACWIS, the agency shall submit a JFS 01318 "SACWIS Private Agency
Provider Request" (rev. 12/2014) to the Ohio department of job and family
services (ODJFS) to close the adoption homestudy.
(E)If the adoptive
parent has applied to update an adoption homestudy prior to the expiration of a
current adoption approval, an assessor shall complete a JFS 01385
"Assessment for Child Placement Update" (rev.
12/2014), ensure that the adoptive parent remains in compliance with the
requirements of Chapter 5101:2-48 of the Administrative Code, and determine the
continued suitability of the adoptive family. The agency shall compile and
review the following documents, in addition to completing the JFS 01385:
(1)The most recent
JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All
Household Members" (rev. 6/2009) completed
for the applicant and all household members by a
licensed physician, physician assistant, clinical nurse specialist, certified
nurse practitioner or certified nurse-midwife. The agency may require a
new JFS 01653 if the agency deems it necessary.
(2)The agency may
require a report of a physical, psychiatric or psychological examination or
treatment of the adoptive parent(s) or other household member in order to
ensure the safety, health or care of an adoptive child. The examination shall
be conducted by a licensed physician, psychologist, or other certified or
licensed professional.
(3)The most recent
fire inspection by a state certified fire safety inspector or the state fire
marshal's office using the JFS 01200 "Fire Inspection Report for
Residential Facilities Certified by ODJFS" (rev.
2/2015) or other form used for a local or state fire inspection. The
agency may require a new fire inspection at the time of the update if the
agency deems it necessary to ensure the home is free from conditions which may
be hazardous to the safety of an adoptive child.
(4)The most recent
JFS 01681 "Applicant Financial Statement"
(rev. 10/2000). The agency may require a new JFS 01681 if there have
been any substantial changes to the adoptive family's financial situation.
(5)The most recent
well water test approved by the health department, if applicable. The agency
may require a new well water test if the agency deems it necessary.
(6)The most recent
JFS 01530 "Large Family Assessment" (rev.
12/2014), if applicable. If the family circumstances have changed
substantially since the previous JFS 01530, or if a JFS 01530 was not
previously completed and is now required, the agency shall complete a new JFS
01530 at the time of the update.
(7)If the agency
has the ability to complete the search in SACWIS, the agency shall complete an
alleged perpetrator search of abuse and neglect report history through the
system for each adoptive parent and adult household member. If the agency does
not have the ability to complete the search in SACWIS, the agency shall request
and obtain a search of the system from ODJFS for
each adoptive parent and each adult household member.
(a)A report with
the results of the search shall be placed in the adoptive provider record.
(b)This report is
to be used to determine the continued suitability of the adoptive family.
(8)The agency
shall conduct a safety audit utilizing the JFS 01348 "Safety Audit" (rev. 12/2014) completed within six months prior to
the approval of the adoption homestudy update, documenting the residence
continues to meet all safety standards.
(9)The most recent
criminal records check for the adoptive parents and adult household members.
Once a homestudy is approved, a new criminal records check shall be conducted,
pursuant to section 2151.86 of the Revised Code, for the adoptive parent(s) and
each adult household member every four years prior to approving the adoption
update. If an existing resident of the home, including youth placed in the
home, turned eighteen years of age during the current approval span, the agency
shall have criminal records checks completed at the time of the next update and
every four years thereafter at the time of update.
(10) A minimum of one
written reference from a professional who is knowledgeable of the family
dynamics and family functioning. If a reference is not available from a
professional, a personal reference from someone aware of the adoptive family's
functioning is permissible. This reference shall not be completed by a relative or a household member. This reference is
required for families who are only approved for adoption by the recommending
agency. If the family is also certified for foster care by the recommending
agency, the reference is not required.
(11) The agency is to complete a check of the
national sex offender registry at https://www.nsopw.gov/ for the approved
adoptive parent and each adult who resides with the adoptive parent. The results
are to be reviewed prior to each adoption homestudy update. The adoption
homestudy update may be denied solely on the results of the search.
(F)An assessor's
update of an adoption homestudy shall include at least one home visit and one
interview with each member of the household (except foster children) over the age of four yearsbased
on his or her age and development currently residing in the home. This
may be a joint interview or individual interviews.
(G) If an agency
receives a completed JFS 01331 at least thirty days prior to the expiration
date of the adoption approval, an agency shall follow the requirements listed
in this rule to complete the assessment for the update of the adoption
approval.
(1)At the
completion of the assessment and prior to the expiration of the current
adoption homestudy approval span:, an agency is to enter the required data into SACWIS
documenting one of the following:
(a)Adoption update approval.
(b)Denial of the adoption update and
closure of the adoption homestudy.
(c)Closure, based on receipt of voluntary
withdrawal.
(a)An agency with access to SACWIS shall
enter the required data into the system documenting one of the following:
(i)Adoption update approval.
(ii)Denial of the adoption update and
closure of the adoption homestudy.
(iii)Closure, based on receipt of voluntary
withdrawal.
(b)An agency without access to SACWIS shall
submit a JFS 01318 to ODJFS documenting one of the following:
(i)Adoption update approval.
(ii)Denial of the adoption update and closure
of the adoption homestudy.
(iii)Closure, based on receipt of voluntary
withdrawal.
(2)The effective
date of the adoption homestudy approval shall be the first day following the
expiration of the previous approval span.
(H)If an agency
receives a completed JFS 01331 less than thirty days prior to the expiration of
the adoption approval, the agency may complete the requirements listed in this
rule if they have sufficient time and resources to complete the assessment and
submit the requirements in paragraph (G) of this rule prior to the expiration
date of the current approval span.
(1)If the agency
is unable to complete the update of the adoption approval prior to the
expiration, the adoption approval will expire on the date of expiration.
(2)If the adoption
approval expires, the agency shall, within ten days after the expiration date
of the current approval span:
(a)Provide written
notification to the family of the following:
(i)That the
adoption homestudy approval has expired.
(ii)That the
family must reapply for initial adoption approval pursuant to rule 5101:2-48-12
of the Administrative Code if they would like to obtain adoption homestudy
approval.
(b)An agency with access to SACWIS shall enter the required data
into the system SACWIS to
document the provider has closed because the adoption homestudy approval has
expired.
(c)An agency without access to SACWIS shall
submit a JFS 01318 to ODJFS documenting the provider has closed because the
adoption homestudy approval has expired.
(I)The assessor
shall provide written notification to the applicant(s) of approval or denial of
the update to the adoption homestudy. The written notification shall be
provided to the adoptive family within ten days of completion of the adoption
approval update.
(1)Adoption
homestudy update approval notification shall include, at a minimum, the
following information:
(a)Date of
approval of the adoption homestudy update with the date the update expires.
(b)A description
of the characteristics of the child or children for whom the update is being
approved.
(2)Adoption
homestudy update denial shall include, at a minimum, the following information:
(a)A detailed
explanation of the reasons for the denial.
(b)A description
of procedures for an agency review pursuant to rule 5101:2-48-24 of the
Administrative Code.
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: 5103.03, 5153.166, 3107.033
Rule Amplifies: 2151.86, 3107.031, 5103.18
Prior Effective Dates: 12/11/2006, 08/14/2008, 07/01/2009,
11/01/2015