(A) A foster
caregiver or applicant shall be at least twenty-one years of age at the time of
initial certification.
(B) At least one
foster caregiver or applicant in the home shall be able to read, write, and
speak in English or be able to effectively communicate with any child placed in
their home and with the recommending agency.
(C) A foster
caregiver or applicant may be a legally married couple, a single person or
co-parent(s).
(D) A foster
caregiver or applicant shall have an income sufficient to meet the basic needs
of the household and to make timely payment of shelter costs, utility bills,
and other debts. To show the household has an income sufficient to meet the
basic needs of the household and makes timely payment of shelter costs, utility
bills, and other debts, a foster caregiver or applicant shall provide at a
minimum:
(1) For a foster
care applicant:
(a) A completed
JFS 01681 "Applicant Financial Statement" (rev. 10/2000).
(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 recommendation
for initial certification.
(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
recommendation for initial certification.
(2) For a
certified foster caregiver a completed JFS 01681 if there are any substantial
changes to a caregiver's financial situation.
(E) A foster
caregiver or applicant and all members of the foster caregiver's or applicant's
household shall be free of any physical, emotional, or mental condition which
would endanger a child or seriously impair the ability of the foster caregiver
or applicant to care for a foster child.
(F) An applicant
shall have a 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 within one year prior to the agency's initial
recommendation for certification. Any written documentation of the physical
examination shall be completed by the individual who conducted the examination.
(G) An applicant
may be required to secure and provide a report in addition to the JFS 01653 of
an examination of any member of the household by a licensed physician,
psychologist, or other certified or licensed professional if either of the
following are applicable:
(1) An applicant
or any person residing within the household has suffered a serious illness or
injury within the past year.
(2) The
recommending agency determines it to be necessary to ensure the safety, health,
or care of any foster child who may be placed in the home.
(H) Except as
provided in paragraph (I) of this rule, a foster caregiver or applicant and all
other persons eighteen years of age or older who reside with the foster
caregiver or applicant shall not have been convicted of or pleaded guilty to
any of the offenses listed in paragraph (J) of this rule.
(I) No person
who has been convicted of or pleaded guilty to an offense listed in paragraph
(J) of this rule shall be certified as a foster caregiver or be an adult
resident of the foster caregiver's household unless the recommending agency
finds and documents that person has met all of the following conditions:
(1) Except as
provided in paragraph (I)(3) of this rule, where the offense was a misdemeanor,
or would have been a misdemeanor if conviction had occurred under the current
criminal code, at least three years have elapsed from the date the person was
fully discharged from any imprisonment or probation arising from the
conviction.
(2) Except as
provided in paragraph (I)(3) of this rule, where the offense was a felony, at
least ten years have elapsed since the person was fully discharged from imprisonment
or probation.
(3) Where an
offense was committed by a foster child under the age of twenty-one who remains
in the custody of a PCSA or PCPA, the recommending agency may determine the
person need not meet the elapsed time period requirements of paragraphs (I)(1)
and (I)(2) of this rule.
(4) The victim of
the offense was not one of the following:
(a) A person under
the age of eighteen.
(b) A functionally
impaired person as defined in section 2903.10 of the Revised Code.
(c) A mentally retarded person as defined
in section 5123.01 of the Revised Code.
(d)(c) A developmentally disabled person as defined
in section 5123.01 of the Revised Code.
(e)(d) A person with a mental illness as defined in
section 5122.01 of the Revised Code.
(f)(e) A person sixty years of age or older.
(5) The person's
certification as a foster caregiver or the person's residency in the foster
caregiver's household will not jeopardize in any way the health, safety or
welfare of the children the agency serves. The following factors shall be
considered in determining the person's certification as a foster caregiver or
the person's residency in the foster caregiver's household.
(a) The person's
age at the time of the offense.
(b) The nature and
seriousness of the offense.
(c) The circumstances
under which the offense was committed.
(d) The degree of
participation of the person involved in the offense.
(e) The time
elapsed since the person was fully discharged from imprisonment or probation.
(f) The
likelihood that the circumstance leading to the offense will recur.
(g) Whether the
person is a repeat offender.
(h) The person's
employment record.
(i) The person's
efforts at rehabilitation and the results of those efforts.
(j) Whether any
criminal proceedings are pending against the person.
(k) Whether the
person has been convicted of or pleaded guilty to a felony contained in the
Revised Code that is not listed in paragraph (J) of this rule, if the felony
bears a direct and substantial relationship to being a foster caregiver or
adult member of the caregiver's household.
(l) Any other
factors the agency considers relevant.
(J) Except as
provided in paragraph (I) of this rule, a foster caregiver, applicant or other
adult resident of the foster caregiver's household shall not have been convicted
of or pleaded guilty to, any of the following offenses:
(1) A violation of
section 959.13, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13,
2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02,
2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08,
2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321
(2907.32.1), 2907.322 (2907.32.2), 2907.323 (2907.32.3), 2909.02, 2909.22,
2909.23, 2909.24, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2913.49, 2917.01, 2917.02, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13,
2923.161 (2923.16.1), 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or
3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code
as it existed prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation been committed
prior to that date, a violation of section 2925.11 of the Revised Code that is
not a minor drug possession offense, two or more violations of section 4511.19
of the Revised Code or the equivalent violation from any other state committed
within the three years immediately preceding the submission of the application
or petition that is the basis of the request, or felonious sexual penetration
in violation of former section 2907.12 of the Revised Code as listed in
appendix A to this rule.
(2) A violation of
an existing or former law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses listed in paragraphs
(J)(1) and (J)(2) of this rule.
(K) If any of the
following have a felony conviction for spousal abuse, rape, sexual assault, or
homicide, the foster home shall not be certified and no rehabilitation
standards exist for:
(1) An adult
resident in the household of a foster caregiver or applicant.
(2) A foster
caregiver.
(3) A foster care
applicant.
(L) The applicant
or foster caregiver shall provide verification to the recommending agency that
the conditions specified in paragraph (I) of this rule are met for that person
and for all adult members of the household. If the applicant or foster
caregiver fails to provide such proof or if the agency determines that the
proof offered by the person is inconclusive or insufficient, the applicant
shall be denied certification and a foster caregiver's certificate shall be
recommended for denial or revocation pursuant to rule 5101:2-5-26 of the
Administrative Code.
(M) In accordance
with rule 5101:2-5-09.1 of the Administrative Code, a criminal records check
shall be requested:
(1) For the foster
care applicant and each adult who resides with the foster care applicant in
accordance with paragraph (J) of this rule. The results shall be reviewed prior
to the agency's recommendation for certification to ODJFS.
(2) For a
certified foster caregiver and each adult who resides with the foster caregiver
every four years within six months prior to the
upcoming recertification of the caregiver.
(N) Prior to
certification or recertification, the foster care applicant or foster caregiver
subject to a criminal records check shall notify the recommending agency of the
revocation of any foster home license, certificate, or other similar
authorization in another state occurring within the five years prior to the
date of application to become a foster caregiver in this state.
(1) The failure of
a foster care applicant or foster caregiver to notify the recommending agency
of any revocation of that type in another state that occurred within that
five-year period shall be grounds for denial of the person's foster home
application or the revocation of the person's foster home certification,
whichever is applicable.
(2) If a person
has had a revocation in another state within the five years prior to the date
of the application, the Ohio department of job and family services (ODJFS)
shall not issue a foster home certificate to a prospective foster caregiver.
(O) The provisions
of paragraph (I) of this rule must be considered for any applicant or foster
caregiver and any other person eighteen years of age or older who resides with
the applicant or foster caregiver and who has been convicted of, or pleaded
guilty to, one or more of the offenses listed in paragraph (J) of this rule,
even if the person's record has been sealed by a court pursuant to section
2953.32 of the Revised Code because the information contained in the sealed
record bears a direct and substantial relationship to the care to be provided
to any foster child who may be placed in the home.
(P) A conviction
of, or plea of guilty to, an offense listed in paragraph (J) of this rule shall
not prevent a person's certification as a foster caregiver or being an adult
household member of the home if the person has been granted an unconditional
pardon for the offense pursuant to Chapter 2967. of the Revised Code or the
conviction or guilty plea has been set aside pursuant to law.
"Unconditional pardon" includes a conditional pardon with respect to
which all conditions have been performed or transpired.
(Q) A foster care
applicant shall notify the recommending agency in writing if a person at least
twelve years of age, but less than eighteen years of age, residing with the
foster care applicant has been convicted of or pleaded guilty to any of the
offenses listed in appendix A to this rule, or has been adjudicated to be a
delinquent child for committing an act that if committed by an adult would have
constituted such a violation.
(1) If a foster
care applicant fails to notify the recommending agency, the recommending agency
shall recommend denial of the foster home application to ODJFS.
(2) ODJFS may deny
a foster home application on the grounds that a person at least twelve years of
age but less than eighteen years of age residing with the foster caregiver or
foster care applicant has been convicted of or pleaded guilty to an offense
listed in appendix A to this rule or has been adjudicated to be a delinquent
child for committing an act that if committed by an adult would have
constituted such an offense,. The agency shall review the provisions of
paragraphs (I)(4) and (I)(5) considering the age of the delinquent child
involved and the age and sex of children that are or would be placed in the
foster home.
(R) A foster
caregiver shall not operate a foster home as an adult boarding or rooming
house.
(S) A foster
caregiver shall obtain written approval from the recommending agency prior to
conducting any business, or allowing any business to operate, including public
or private babysitting services, in a foster home.
(T) A foster
caregiver shall not provide or allow public or private babysitting services in
a foster home when more than ten children, including foster, natural or
adoptive children are present and under the supervision of the foster caregiver
at any one time. Any foster caregiver that is an approved or licensed type B
family day care home provider shall follow the requirements for approval or
licensure as a type B family day care home.
(U) A foster
caregiver or applicant shall not apply for licensure as a type A family day
care home.
(V) A specialized
foster caregiver shall not apply for licensure as a type B family day care
home. A specialized foster care applicant shall not be licensed as a type B day
care provider.
(W) A foster
caregiver or applicant shall obtain an approved inspection by a state certified
fire safety inspector or the state fire marshal's office certifying that the
foster home is free from conditions hazardous to the safety of foster children.
The approval must have occurred within twelve months prior to the initial
recommendation for certification.
(X) If the
applicant or foster caregiver is unable to obtain an inspection as required by
paragraph (W) of this rule due to the unavailability of a state certified fire
safety inspector or the state fire marshal's office, they shall notify the
agency.
(Y) A foster
caregiver or applicant shall complete all preplacement and continuing training
as required by rule 5101:2-5-33 of the Administrative Code and any additional
hours of training required by the recommending agency's written training plan.
(Z) A foster
caregiver or applicant shall comply with all agency policies or instructions
including cooperating fully with the agency during the certification or
recertification process.
(AA) A foster
caregiver shall not violate a child's rights as described in paragraph (A) of
rule 5101:2-5-35 of the Administrative Code.
Effective: 7/1/2018
Five Year Review (FYR) Dates: 4/2/2018 and 07/01/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 06/07/2018
Promulgated Under: 119.03
Statutory Authority: 2151.86, 5103.03, 5103.0319, 5103.0327
Rule Amplifies: 2151.86, 5103.02, 5103.03, 5103.0319
Prior Effective Dates: 12/30/1966, 10/01/1986, 01/01/1991,
09/18/1996, 07/01/2000, 01/01/2003, 12/11/2006, 08/14/2008, 04/01/2010,
10/01/2011, 07/01/2014