(A) Each public
children services agency (PCSA), private child placing agency (PCPA) and
private noncustodial agency (PNA) shall develop and implement written
procedures to review complaints from adoptive applicants, prospective adoptive
families and adoptive families.
(B) If requested,
the agency review shall occur within thirty days of receipt of a request and
shall include a face-to-face meeting with the following individuals:
(1) The adoptive
applicant, prospective adoptive family or adoptive family requesting an agency
review.
(2) The adoptive
family caseworker.
(3) The adoptive
child's caseworker, if applicable.
(4) The agency
administrator or designee.
(5) Any other
individual with information regarding the complaint, as deemed appropriate by
the agency administrator or designee.
(C) A written
decision, including the reason for the decision, shall be rendered by the
administrator of the PCSA, PCPA or PNA or his designee. The decision shall be
based upon the evidence presented at the review. A copy of the decision shall
be provided to all parties to the agency review within fifteen days of the
review.
(D) All
documentation related to notification regarding rights to an agency review and
written decisions of the agency review required by this rule shall be
maintained in the child and family case record.
(E) When an approved adoptive family
requests an agency review because the family believes an adoptive placement was
denied or will be denied solely on the basis of geographic location, the PCSA
or PCPA shall provide the family with notices and copies of all materials
related to requesting a state hearing.
(F)(E) For complaints involving alleged discriminatory
acts, policies, or practices pertaining to the foster care and adoption process
that involve race, color or national origin, the procedures contained in rule
5101:2-33-03 of the Administrative Code supercede the requirements of this
rule.
(G)(F) Each agency shall follow procedures as outlined
in rule 5101:2-33-13 of the Administrative Code when an agency determines there
may knowingly be falsification on an adoptive application or homestudy, or any
document submitted during the homestudy process.
Effective: 08/01/2017
Five Year Review (FYR) Dates: 03/29/2017 and 08/01/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 06/06/2017
Promulgated Under: 119.03
Statutory Authority: 3107.033, 5103.03
Rule Amplifies: 3107.031, 5103.03
Prior Effective Dates: 7/1/90, 9/1/94, 2/13/98 (Emer.), 5/14/98,
12/31/98 (Emer.), 4/1/99, 9/1/03, 2/1/05, 12/11/06, 3/1/10, 10/1/15