(A)An approved
adoptive parent shall notify the recommending agency within one hour of any of
the following circumstances involving an adoptive child whose adoption is not
finalized:
(1)A serious
injury or illness involving medical treatment of the adoptive child.
(2)Unauthorized
absence of the adoptive child from the home.
(3)Removal of the
adoptive child from the home by any person or agency other than the placing
agency, or attempts at such removal.
(4)Any involvement
of the adoptive child with law enforcement authorities.
(5)The death of
the adoptive child.
(B)An approved
adoptive parent shall notify the recommending agency within twenty-four hours or
the next working day if any of the following occur:
(1)A change in the
marital status of an approved adoptive parent(s).
(2)Any serious
illness or death of an approved adoptive parent or household member.
(3)The
finalization of an adoptive child placed by a different agency.
(4)A change in the
number of household members, not including foster children.
(5)A criminal
charge or conviction of any approved adoptive parent or other adult household
member(s).
(6)A significant
change in financial status or income.
(7)A change of
address for the adoptive family that is different than the address listed on
the most recent homestudy or update.
(C)If the agency
is notified of any of the following changes for the adoptive family, the agency
shall amend the homestudy:
(1)A change in the
marital status of the approved adoptive parent(s).
(2)The death of an
approved adoptive parent or household member.
(3)A change in
household members, not including foster children.
(4)A change of
address for the adoptive family that is different than the address listed on
the most recent homestudy or update.
(D)The public
children services agency (PCSA), private child placing agency (PCPA), private
noncustodial agency (PNA), or court shall ensure that employees or persons under
contract with the agency to perform assessor duties 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.
(E)An amendment is
a narrative of the assessor's evaluation of the change that has occurred in the
approved adoptive family. The agency shall document the date of notification in
the amendment.
(1)The amendment
shall be completed within thirty days of the date of the change, or within
thirty days of the date the agency became aware a change occurred if
notification did not occur pursuant to paragraph (A) or (B) of this rule.
(2)If the change
is to add an adoptive parent to the homestudy, the amendment shall not be
completed until the preservice training has been completed or waived pursuant
to rule 5101:2-48-09 of the Administrative Code.
(3)In completing
the amendment, the agency shall, if necessary, redetermine the specific number,
age, and gender of children the family is approved to adopt. The amendment
shall address sleeping arrangements, beds and bedrooms, and shall evaluate
whether the adoptive family remains in compliance with all applicable
requirements.
(4)The amendment
shall be completed in the statewide automated child welfare information system
(SACWIS) if the agency has access to the system.
(5)An agency that does not have access to
SACWIS shall document the amendment in the caregiver record. The agency may do
this by completing the applicable sections of the JFS 01385 "Assessment
for Child Placement Update" (rev. 12/2014) in addition to completing the
applicable requirements identified in this rule. At the completion of the
amendment, an agency that does not have access to SACWIS shall submit a JFS
01318 "SACWIS Private Agency Provider Request" (rev. 12/2014) to the
Ohio department of job and family services (ODJFS) so that information in the
SACWIS provider record may be updated.
(F)If the
amendment is due to a new household member, the agency shall ensure the
following:
(1)New household
members residing with the adoptive parent shall have a JFS 01653 "Medical
Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009) completed
documenting they are free from any physical, emotional, or mental condition
which would endanger children or seriously impair the ability of the household
member to care for the child placed in the home.
(a)If the new
occupant is an adopted child who immediately prior to the adoption resided in
the home as a foster child, a JFS 01653 is not required.
(b)The JFS 01653
shall be dated within ninety days of the date the person becomes a household
member.
(c)If the agency
was not notified of the new household member pursuant to paragraph (B) of this
rule, the agency shall ensure the new household member completes the JFS 01653
within ninety days of the date the agency became aware of the new household
member.
(2)New adult
household members residing with the approved adoptive parent shall have a search of the national sex offender registry at
https://www.nsopw.gov/, a bureau of criminal investigation (BCI) and
federal bureau of investigation (FBI) records check, as outlined in rule
5101:2-48-10 of the Administrative Code.
(a)The criminal
records checks shall be conducted within ten working days of the date the person
becomes a household member.
(b)If the agency
was not notified of the new household member pursuant to paragraph (B) of this
rule, the criminal record checks shall be conducted within ten working days of
the date the agency became aware of the new household member.
(3)New adult
household members shall provide the name of any agency they have applied to or
had a homestudy approved for foster care or adoption, or any organization they
have worked with in providing care and supervision of children. The new adult
household member shall complete a written and signed release of information so
that any such reference may be contacted.
(4)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 the new adult household member within ten working days of the date
the person becomes a household member. If the agency does not have the ability
to complete the search in SACWIS, the agency shall request a search of the
system from ODJFS for the new adult household member within ten working days of
the date they become a household member. If the agency was not notified of the
new household member pursuant to paragraph (B) of this rule, the agency shall
ensure the search is conducted within ten working days of the date the agency
became aware of the new household member.
(a)A report with
the results of the search shall be placed in the adoptive record.
(b)This report is
used to determine the continued suitability of the adoptive family.
(5)The agency
shall request a check of the child abuse and neglect registry of any other
state the new adult household member has resided in for the five years
immediately prior to the date of the criminal records check for the new
household member, as required by division (A) of section 2151.86 of the Revised
Code.
(6)If the new
household member is the spouse of the approved adoptive parent and shall
therefore be added as an approved adoptive parent, the agency shall ensure the
following is completed in addition to the requirements found in paragraph (F)
of this rule:
(a)The agency
shall contact all adult children of the new spouse for a reference. If the
adult children are unable or unwilling to provide a reference this shall be
assessed during the amendment process and documented in the amendment.
(b)If the new
spouse has not previously completed the preservice training, the agency shall
ensure the spouse completes the training or meets the requirements for a waiver
pursuant to rule 5101:2-48-09 of the Administrative Code no later than one
hundred eighty days after becoming a household member. The spouse shall not be
added to the adoption approval until the training or waiver has been completed.
(G) If the amendment
is due to a change of address of the adoptive family, the agency shall ensure
the following:
(1)The agency
shall conduct a safety audit documenting the new residence satisfactorily meets
all safety standards.
(a)The safety
audit shall be completed on the JFS 01348 "Safety Audit" (rev. 12/2014).
(b)The safety
audit shall be conducted within ten working days after the change of address.
(c)If the agency
was not notified of the change of address pursuant to paragraph (B) of this
rule, the agency shall conduct the safety audit within ten working days of the
date they became aware of the change of address.
(2)The agency
shall require the approved adoptive parent to obtain a fire safety inspection
certifying the new residence is free from conditions hazardous to the safety of
an adoptive child.
(a)The fire safety
inspection shall be completed on 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.
(b)The fire safety
inspection shall be requested prior to or within thirty days of the date of the
change of address. If the agency was not notified of the change of address
pursuant to paragraph (B) of this rule, then the fire safety inspection shall
be requested within thirty days of the date the agency became aware of the
change of address.
(c)The fire safety
inspection shall be conducted prior to or within ninety days of the date of the
change of address. If the agency was not notified of the change of address pursuant
to paragraph (B) of this rule, then the fire safety inspection shall be
conducted within ninety days of the date the agency became aware of the change
of address.
(H)The assessor
shall provide written notification to the adoptive parent of approval or denial
of the amendment to the adoption homestudy. The written notification shall be
provided to the adoptive family within ten days of completion of the homestudy
amendment. If an amendment is denied, the adoption homestudy is no longer
approved.
(1)Amendment
approval notification shall include, at a minimum, the following information:
(a)A summary of
the change requiring the amendment.
(b)The date of the
notification provided pursuant to paragraph (B) of this rule.
(c)The date the
change occurred that required the amendment.
(d)Date of
approval of the adoption amendment.
(2)Adoption
homestudy 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