Please note: These rules are posted for 30 days due to 5 year review.
(A) The public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial (PNA) shall obtain information for the social and medical histories of the biological parents from the following sources:
(1) Written information and interviews with the biological parents of the child.
(2) Written information and interviews with other persons having knowledge of the biological parents and their ancestors.
(3) Any available records, if the biological parents or the legal guardian of the biological parents consents to release of information contained in the record.
(4) Results of a medical examination that the PCSA, PCPA or PNA may have requested for the biological parent. In the event the biological parents refuse to consent to a medical examination, this shall be noted on the JFS 01616 "Social and Medical History" (rev. 6/ 2009).
(B) Blank copies of the JFS 01616 shall be provided to the biological parents or other persons who can supply social and medical information on the biological parents and their ancestors.
(C) The PCSA, PCPA, or PNA shall complete an initial JFS 01616 prior to termination of parental rights, whether by court commitment or permanent surrender to assure:
(1) There is sufficient information available to place the child appropriately.
(2) The prospective adoptive family has sufficient information on the social and medical history of the biological family in order to make an informed decision about accepting placement of the child.
(3) Appropriate subsidies can be planned for the child and family.
(D) Following termination of parental rights, the PCSA, PCPA, or PNA shall continue to obtain additional social and medical information on the biological parents and the ancestors of the minor which can be used to update or complete the JFS 01616. All social and medical history information needed to complete the JFS 01616 shall be obtained prior to submission of the JFS 01699 "Prefinalization Adoption Assessment Report" (rev. 12/2006) to the court in accordance with the requirements contained in rule 5101: 2-48-17 of the Administrative Code.
(E) When completing the JFS 01616, the PCSA, PCPA, or PNA shall not include identifying information about the biological parents or other ancestors of the minor.
(F) If any of the social and medical history information is not available, the agency shall document and maintain in the case record attempts to obtain this information.
(G) The PCSA, PCPA or PNA shall advise the biological parents or other persons supplying information of the right to correct or expand upon the information contained on the JFS 01616 at any time prior to or subsequent to the adoption of the child, including any time after the child becomes an adult, by submitting such correction or expansion to the assessor, the court involved in the adoption, the Ohio department of health (ODH), or the Ohio department of job and family services (ODJFS).
(H) The assessor, court, ODH or ODJFS receiving corrected or additional information to include on the JFS 01616 shall determine compliance with section 3107.09 or 3107.091 of the Revised Code prior to filing it with the court that issued the interlocutory order or final decree of adoption.
(I) If the assessor, court, ODH or ODJFS determines that the information supplied for inclusion in the social and medical history cannot be included in the record, written notification of this decision shall be made to the biological parent or other person supplying the information. The written notification shall also indicate that upon receipt of the notification, a petition can be filed with the court which was involved in the adoption to request the court review the information and determine whether the information may be included in the social or medical history.
(J) The PCSA, PCPA, or PNA shall provide biological parents with a copy of the social and medical history information obtained at the time of termination of parental rights.
(K) The assessor shall provide the completed copy of the JFS 01616 to the:
(1) Prospective adoptive family.
(2) Court where the petition for adoption has been filed at the time the JFS 01699 is submitted in accordance with the requirements contained in rule 5101: 2-48-17 of the Administrative Code.
(L) The court may refuse to issue an interlocutory order or final decree of adoption if the assessor has not filed the JFS 01616 unless the assessor certifies to the court that information needed to prepare the histories is unavailable for reasons beyond the assessor's and the PCSA, PCPA or PNA's control.
(M) The assessor shall advise the adoptive parents that if they wish to be notified when social and medical histories are updated or expanded pursuant to paragraph (G) of this rule, the JFS 01679 "Request for Notification" (rev. 6/2006) can be completed and filed with the court at any time.
(N) The assessor shall advise adoptive parents that:
(1) They may inspect all forms pertaining to the social and medical history of biological parents filed with the court prior to the child reaching age eighteen.
(2) After the child reaches age eighteen, only the adopted person may inspect the court files.
(O) The assessor is not required to complete the JFS 01616 if the child is being adopted by a stepparent or grandparent.
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.09, 3107.17, 5103.03
Rule Amplifies: 3107.09, 3107.17
Prior Effective Dates: 1/4/83, 6/1/85 (Emer.), 8/12/85, 7/1/90, 9/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98, 9/1/03, 12/11/06, 05/15/2009