Please note: These rules are posted for 30 days due to 5 year review.
(A) Except as outlined in rule 5101: 2-48- 11.1 of the Administrative Code, when a foster caregiver who is not an approved adoptive parent through the joint homestudy process expresses an interest in being approved as an adoptive parent, an agency's assessor is responsible for the following:
(1) Assist the foster caregiver in completing the applicable sections of the current JFS 01691, "Application for Child Placement" (rev. 6/2009) on file or completing a new JFS 01691. The foster caregiver shall sign the revised JFS 01691 or a new JFS 01691 indicating they would like to be approved for adoption.
(2) Review and compile in the record the following information to determine the appropriateness of the foster caregiver for adoptive placement:
(a) The most recent JFS 01653, "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009) .
(b) JFS 01349, "Foster Home Homestudy" (rev. 01/2003) or the JFS 01673, "Assessment for Child Placement (Homestudy)" (rev. 6/2011), the JFS 01673-A "Child Characteristics Checklist for Foster Care and/or Adoption" (rev. 12/2006) and the JFS 01530 "Multiple Children/Large Family Assessment" (rev. 12/2006), as applicable.
(c) All JFS 01385 "Assessment for Child Placement Update" (rev. 12/2006) forms, if applicable.
(d) Documentation from the foster home record including but not limited to the most recent training records, fire inspection reports, safety audits, foster home exit interviews, and copies of all complaint or rule violation investigations and any applicable corrective action plans. If there are any outstanding complaints or rule noncompliance investigations, or corrective action plans that have not been fully implemented, the sending agency, if different, shall notify the agency completing the adoption approval of the nature of the investigations or corrective action plans.
(e) Case record information documented by the placement worker's visits to the foster home.
(f) If the agency completing the adoption homestudy approval is different than the agency that recommends the foster home, the foster care agency shall forward copies of all applicable documents in the foster home record within fifteen business days of receipt of the signed release of information.
(3) If the agency initiates an adoptive homestudy with an applicant from another county, it shall notify the PCSA in the county the applicant resides in accordance with the procedures outlined in rule 5101: 2-48-12 of the Administrative Code.
(4) Once the documentation in paragraph (A)(2) of this rule is received, the assessor shall:
(a) Review information contained on the JFS 01691 and all supporting documentation.
(b) Conduct a home visit.
(c) Complete the JFS 01530, if applicable, as outlined in rule 5101: 2-48-12 of the Administrative Code when a family has a total of five or more children residing in the home, including foster children and children in kinship care; or if the family will have a total of five or more children who will reside in the home upon the adoptive placement of a child.
(d) Observe the interaction between the child, foster caregiver and other members of the household, if applicable.
(e) Discuss how the foster caregiver is working with the child on problems identified in the case plan and how they will deal with long term issues the child may have.
(f) Discuss the differences between foster care and adoption with the foster caregiver, and the reason for the request for adoption approval at this time.
(g) Discuss the availability of adoption assistance and postfinalization adoption services with the foster caregiver.
(h) Complete the bureau of criminal identification and investigation (BCII) and federal bureau of investigation (FBI) reports as outlined in rule 5101: 2-48-10 of the Administrative Code.
(i) If the agency has the ability to complete the search in SACWIS, the agency shall complete a search of abuse and neglect report history through the system for each foster caregiver and adult household member. If the agency does not have the ability to complete the search in SACWIS, the agency shall request a search of the system from ODJFS for each foster caregiver and each adult household member. The report with the results of the search shall be placed in the foster home record.
(i) This search is to be used to determine the suitability of the adoptive applicant as an adoptive parent.
(ii) The search shall also be conducted within ten days of the addition of any new adult member of the household once the homestudy has been approved.
(j) Request a check of the child abuse and neglect registry of any other state an applicant or other adult household member 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.
(5) Based upon information obtained through interviews and the review of documentation outlined in paragraph (A) of this rule, the assessor shall complete any sections of the JFS 01673 not completed on the previous homestudy.
(B) The PCSA or PCPA shall follow procedures contained in rule 5101: 2-48-12 of the Administrative Code for approval or denial of an applicant for adoptive placement. The approval date shall be the same as the approval signature date. The expiration date of the adoption approval span shall be equal to the expiration date of the current foster care certification span, not to exceed two years.
(C) When a PCSA, PCPA, or PNA determines any statement or document provided during the homestudy process is falsified, the PCSA or PCPA or PNA shall follow the procedures outlined in rule 5101: 2-33-13 of the Administrative Code.
(D) No PCSA, PCPA or PNA shall release a homestudy to any other agency or court if the application, homestudy, or any document provided during the homestudy process is determined to contain a false statement knowingly made or submitted by the applicant(s) .
(E) The agency shall complete the homestudy assessment within one hundred eighty days of the date the agency received the application. An agency failing to complete a homestudy within one hundred eighty days shall document on the JFS 01673 the reason(s) the agency is unable to meet this requirement.
(F) If a homestudy is not completed within one year of the application date it shall be terminated unless the agency makes the determination the homestudy should not be terminated. The decision not to terminate shall be made at the agency's discretion and documented on the JFS 01673. If the agency decides to terminate the homestudy, it shall notify the adoptive applicant in writing no less than thirty days prior to the termination. Written notification shall include the reason for termination and the procedures for requesting a review of the agency's decision.
Five Year Review (FYR) Dates: 07/09/2014 and 10/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.031, 3107.032, 3107.033, 5153.166
Rule Amplifies: 3107.031, 3107.032, 3107.033
Prior Effective Dates: 7/1/90, 9/1/94, 12/15/95 (Emer.), 3/1/96, 9/18/96, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99, 2/15/02, 9/1/03, 12/11/06, 8/14/08, 7/1/09