(A)Prior to placing
a child into another state or territory for an adoptive placement, an Ohio parent,
legal guardian, PCPA, or attorney, hereafter referred to as the sending agent, shall
receive written approval, as documented on the JFS 01661 "Interstate Compact
Placement Request (ICPC 100A)" (rev. 6/2009 7/2016) from the Ohio "Interstate Compact on the Placement
of Children" (ICPC) office and the receiving state ICPC office. If the sending
agent is a parent or legal guardian, the parent or legal guardian shall be represented
by an adoption agency or private attorney.
(B)Visits, as defined
by the association of administrators of the interstate compact on the placement
of children (AAICPC) "Regulation 9" located at http://www.aphsa.org/content/AAICPC/en/ICPCRegulations.html https://aphsa.org/AAICPC/AAICPC/Resources.aspx are exempt
from ICPC. Situations in which the intent is to place the child either on a temporary
or permanent basis and for which a homestudy or supervision is or will be requested
do not meet the requirements of a visit and are therefore not exempt from ICPC.
The following are additional criteria for a visit:
(1)The purpose of
the visit shall be to provide the child with a social or cultural experience of
short duration, such as a stay in a camp or with a friend or relative who has not
assumed legal responsibility for the daily care of the child.
(2)A visit shall have
a defined ending date and shall not be extended or renewed in a manner which causes
the visit to exceed thirty days or the school vacation period.
(C)To initiate an
interstate placement of an Ohio child for the purpose of adoption, the sending agent
shall send three hard copy packets or one electronic copy of the following documents
to the Ohio ICPC office:
(1)The completed JFS
01661 (ICPC 100A). Section 1 of the form shall identify the person or agency having
financial and planning responsibilities for the child. Section 3 of the form shall
indicate that monthly supervisory reports are requested.
(2)A cover letter
requesting interstate approval signed by the sending agent that includes the following:
(a)Name of the child(ren)
to be placed.
(b)Name of the birthparents.
(c)Name(s), address,
email address and contact phone number(s) of the prospective adoptive parents.
(d)Name, contact person,
address, email address, and contact phone number(s) of the supervising agency or
person in the receiving state.
(e)A statement as
to how the match was made, including the reason for placement into another state.
(f)If the sending
agent is an attorney, their Ohio supreme court number shall be included in the cover
letter.
(3)A legal risk acknowledgment
signed by the prospective adoptive parent(s), if applicable, in the receiving state.
(4)Documentation giving
the prospective adoptive parents authority to provide medical care, if applicable.
(5)Copy of the approved
adoptive homestudy on the prospective adoptive family, in accordance with the laws
of the receiving state. If a homestudy is completed by a licensed private agency
in the receiving state, the sending state shall not impose any additional requirements
to complete the homestudy that are not required by the receiving state unless the
adoption is finalized in the sending state. In addition to the homestudy, documentation
is to include:
(a)Verification of
compliance with federal and state background clearances, including state and federal
bureau of investigation (FBI) fingerprint clearances and child abuse and neglect
clearances.
(b)Sex offender registry
clearance, available at www.nsopw.gov.
(c)A copy of any
court order approving the adoptive home, if required in the receiving state.
(d)A statement by
the person or entity who completed the homestudy verifying that the home is approved.
This statement may be located within the homestudy.
(e)If the homestudy
is more than twelve months old, an update to the homestudy must be provided.
(6)A statement from
the person or entity in the receiving state that will be providing post-placement
supervision acknowledging the obligation to provide post-placement supervision.
This statement may be located within the homestudy. Supervision shall be pursuant
to the regulations of the interstate compact, located at http://icpc.aphsa.org/content/AAICPC/en/ICPCRegulations.html https://aphsa.org/AAICPC/AAICPC/Resources.aspx. A copy
of the supervising agent's license or certification shall be submitted, if applicable
to the laws of the receiving state.
(7)A current case
history that includes:
(a)A summary of All all available social, medical, including immunization record,
developmental, psychological, and educational information. If the child is an infant
and has been discharged from the hospital, a copy of the discharge documentation
is required.
(b)The JFS 01616 "Social
and Medical History" (rev. 6/2009).
(8)Documentation verifying
the sending agent's legal authority to place the child. If placement is being requested
with only one parent's consent, there shall be documentation addressing the other
person's parental rights.
(9)The JFS 01695 "Application
for Search of Ohio's Putative Father Registry" (rev. 3/2015). If the sending
agent has received preliminary or final results, copies of those results shall also
be submitted.
(10) The JFS 01674 "Statement
of Assurance" (rev. 8/2006) completed and signed by the person or entity identified in Section I on the 100Aas being financially responsible.
(11) Documentation pursuant
to rule 5101:2-53-03 Chapter
5101:2-53 of the Administrative Code ensuring that the requirements are met regarding the Indian Child
Welfare Act of 1978 (Pub. L. 95-608).
(12) The JFS 01693 "Ohio
Law And Adoption Materials" (rev. 5/2009).
(13) The child's social
security number and birth certificate, if available.
(14) Affidavit of expenses
and fees, if applicable in the receiving state.
(15) If the sending agent
is a PCPA, a copy of their agency license.
(16) If the placement
request is for a foreign born child being placed across state lines subsequent to
the child's arrival in the United States and prior to finalization of the adoption,
the original documentation and a certified translation of all legal documents verifying
the child's birth and the agency's or adoptive parent's authority to place the child
shall be included.
(D)Upon approval by
the receiving state as evidenced by a signed 100A indicating that the placement
may be made, the sending agent shall:
(1)Make arrangements
for the child to travel to the receiving state or territory.
(2)Submit the JFS
01662 "Interstate Compact Report on the Child's Placement Status (ICPC 100B)"
(rev. 6/2009 7/2016)
to the Ohio ICPC office within five business days of the child's placement in the
receiving state.
(3)Maintain financial
responsibility for the care, medical care and education of the child throughout
the duration of placement, unless the case contains a contractual agreement to the
contrary or a statement by the prospective adoptive parent(s) that they will assume
financial responsibility.
(4)Retain jurisdiction
of the child until one of the following occurs:
(a)The child is adopted.
(b)The child returns
to Ohio.
(E)The sending agent
shall submit a JFS 1662 (ICPC 100B) to the Ohio ICPC office within thirty business
days when any of the following occurs:
(1)The child will
not be placed.
(2)The placement disrupts.
(3)The child's adoption
has been finalized. The sending agent shall also include a copy of the final judgment
or decree of adoption.
(F)Upon notification
from the appropriate authority in the receiving state from the agency supervising
the placement, or from the Ohio ICPC office that a child's return to Ohio is necessary,
the sending agent shall arrange for the child's return or alternative placement.
The return shall be within five business days from the date of the notice of removal
unless otherwise agreed upon between the sending and receiving state ICPC offices.
All costs associated with the child's return or alternative placement shall be the
responsibility of the sending agent.
Effective: 8/1/2019
Five Year Review (FYR) Dates: 4/17/2019 and 08/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 06/24/2019
Promulgated Under: 119.03
Statutory Authority: 5103.23
Rule Amplifies: 2151.39, 5103.23
Prior Effective Dates: 01/14/1983, 07/01/1990, 02/15/2002,
10/20/2006, 06/01/2010, 05/16/2014, 01/01/2016