(A)A public
children services agency (PCSA), private child placing agency (PCPA) or private
noncustodial agency (PNA) that acts as a representative of the Ohio department
of job and family services (ODJFS) in recommending foster homes for
certification or participates in the placement of children in foster homes and
for adoption shall:
(1)Inform all
individuals applying for approval for adoptive placement that they can also be
studied for foster home certification.
(2)Conduct a joint
homestudy pursuant to the requirements contained in rule 5101:2-5-20 of the
Administrative Code which can result in the simultaneous approval of the
applicant for:
(a)Adoptive placement.
(b)Foster care
placement.
(B)A PCSA, PCPA
and PNA shall utilize the JFS 01691 "Application for Child Placement"
(rev. 12/2014) as the standard form when
accepting applications for adoptive placement. A PCSA, PCPA or PNA shall send
the JFS 01691 to any individual requesting an application for adoption within
seven business days of receipt of a request for an application.
(C)An application
submitted with a knowingly false statement shall not be used to initiate the
homestudy. If a PCSA, PCPA or PNA determines that an application has been
falsified, the PCSA, PCPA or PNA shall follow the procedures outlined in rule
5101:2-33-13 of the Administrative Code.
(D)An agency shall
not begin the homestudy assessment process prior to the receipt of a fully completed
JFS 01691 signed by the adoptive parent(s).
(E)An agency shall
not accept an application for approval for adoptive placement which does not
contain complete and accurate information.
(F)Upon receipt of
the completed JFS 01691, the PCSA, PCPA, or PNA shall commence the homestudy
process and request the applicant provide additional information including at a
minimum:
(1)Documentation
of current marital status, which shall include a marriage certificate, divorce
decree, or other verification of marital status, if applicable.
(2)To show the
household has an income sufficient to meet the basic needs of the household, an
adoptive applicant shall provide at a minimum:
(a)A complete 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 approval.
(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 approval.
(3)The report of
any criminal records check conducted in accordance with section 2151.86 of the
Revised Code. Except as provided in paragraph (D) of rule 5101:2-48-10 of the
Administrative Code, an agency shall not recommend a person to be approved as
an adoptive parent if the person or any adult member of the applicant's
household has been convicted of any crime listed in paragraph (C) of rule
5101:2-48-10 of the Administrative Code.
(G) The PCSA, PCPA
or PNA shall search the statewide automated child welfare information system
(SACWIS) or the central registry of abuse and neglect for each adoptive applicant
and each adult household member of the applicant's home prior to approval of
the adoptive home. This search is to be used to determine the suitability of
the adoptive applicant as an adoptive parent. The search shall also be conducted
within ten days of the addition of any new adult member of the household.
(H)The
recommending agency shall request a check of the child abuse and neglect
registry of any other state in which an adoptive applicant or other adult
household member in the applicant's home has resided in the five years
immediately prior to the date of the criminal records check as required by
division (A) of section 2151.86 of the Revised Code.
(I)The national sex offender registry is
located at http://www.nsopw.gov/. A national sex offender registry check is to
be completed:
(1)For the adoptive applicant and each
adult who resides with the adoptive applicant. The results are to be reviewed
prior to the agency's approval of the adoption homestudy. The application may
be denied based solely on the results of the search.
(2)For an approved adoptive applicant and
each adult who resides with the adoptive applicant prior to the adoption
homestudy update. The adoption homestudy update may be denied solely on the
results of the search.
(I)(J) A summary report of the results of each
search shall be placed in the adoptive home record.
(J)(K) If the PCSA, PCPA, or PNA determines that an
adoptive homestudy cannot be initiated, the agency shall send written
notification to the applicant stating the reason for not initiating the
homestudy and a description of procedures for requesting a review of the
agency's decision. The notification shall be sent to the applicant no later
than fifteen days after the application was submitted.
(K)(L) An applicant shall have the opportunity to
revise the JFS 01691 at any time regarding the characteristics or number of
children desired. If the agency, based upon receipt of a revised JFS 01691,
determines that the applicant is now seeking a special needs child,
requirements and time frames for the application and homestudy process shall
begin with the date that the revised JFS 01691 is received by the agency. If
the applicant revises the JFS 01691 and does not seek to adopt a special needs
child, the time frames for the application and homestudy process shall be
consistent with the agency's adoption policy prepared pursuant to rule
5101:2-48-05 of the Administrative Code.
(L)(M) Upon request, the PCSA, PCPA or PNA shall
assist the applicant in completing the application and securing all required
documents and information.
(M)(N) The PCSA, PCPA or PNA shall not continue with
the homestudy process if all required documentation is not submitted within one
hundred eighty days of the receipt of the initial or revised JFS 01691 unless
the agency makes a determination that the homestudy should not be terminated
and documents this on the JFS 01673 "Assessment for Child Placement" (rev. 12/2014). The applicant shall be notified, in
writing, at least thirty days prior to the termination of the application.
Written notification shall contain an explanation of the reason for termination
and a description of the procedures for requesting a review of the agency's
decision.
(N)(O) The PCSA, PCPA, or PNA shall document that each
person seeking adoption approval successfully completes preservice training,
prior to approval of the homestudy. Preservice training shall address the
following components:
(1)The legal
rights and responsibilities of adoptive parents.
(2)The recommending
agency's policies and procedures.
(3)ODJFS
requirements for approving adoptive applicants.
(4)The effects
placement, separation and attachment issues have on children and their
families.
(5)Caregivers'
involvement in permanency planning for children and their families and post
adoptive issues for children and families including availability of adoption
subsidies.
(6)The dynamics of
physical abuse, sexual abuse, emotional abuse, neglect, and substance abuse on
human growth and development.
(7)Behavior
management techniques.
(8)Effects of
caregiving on children's families.
(9)Prevention,
recognition, and management of communicable diseases.
(10) Community health
and social services available to children and their families.
(11) At least three
hours of training on cultural issues including cultural diversity training and
an overview of the Multiethnic Placement Act, Oct. 20, 1994, P.L. 103-382, as
amended by Section 1808 of the Small Business Job Protection Act of 1996, Aug.
20, 1996, P.L. 104-188 (MEPA), and the Civil Rights Act of 1964 (Title VI), as
it applies to the foster care and adoption process.
(12) The substance of
section 2152.72 of the Revised Code which deals with the information required
to be shared with a prospective adoptive parent before a child who has been
adjudicated a delinquent child for the commission of certain violent crimes is
placed with a prospective adoptive parent. A course addressing section 2152.72
of the Revised Code shall not be less than one hour long.
(O)(P) A PCSA, PCPA, or PNA may waive components of
the training if the assessor determines that the family has received training
previously or the family has the skills to care for the needs of the child that
will be placed in the home. The three hour requirement for cultural issues shall
not be waived. When a waiver has been granted by the agency, it shall document
the waiver in the case record.
(P)(Q) No agency shall deny the acceptance of the JFS
01691 based on race, color, national origin, handicap, age, gender, sexual
identity, or sexual orientation of the applicant.
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: 2151.86, 3107.033, 5103.03
Rule Amplifies: 2151.86, 2152.72, 3107.033
Prior Effective Dates: 07/01/1990, 09/01/1994, 09/18/1996,
12/31/1996 (Emer.), 03/31/1997, 02/13/1998 (Emer.), 05/14/1998, 12/31/1998
(Emer.), 04/15/1999, 11/12/2002, 09/01/2003, 12/11/2006, 08/21/2008, 10/01/2014,
08/01/2017