PLEASE NOTE: RULE BEING REVIEWED FOR THE PURPOSE OF ALIGNING THE FOSTER CARE AND ADOPTION RULES.
(A) Not less than ninety or more than one hundred twenty calendar days prior to the expiration of a foster home certificate, the recommending agency shall notify a foster caregiver of the date of expiration of the certificate. The notification shall identify any information or documentation which a foster caregiver is required to submit for recertification. The notification shall be on JFS 01331, "Notice of Expiration and Reapplication for a Foster Home Certificate" (rev. 12/2006).
(B) Following agency notification to the foster caregiver as required by paragraph (A) of this rule, if the caregiver fails to either reapply or voluntarily terminate prior to the expiration date of the certificate, the foster home certificate shall expire.
(C) If a foster home certificate expires because a caregiver has failed to comply with paragraph (K) of rule 5101:2-7-14 of the Administrative Code there are no rights to appeal pursuant to Chapter 119. of the Revised Code.
(D) Following the expiration of a foster home certificate:
(1) A private child placing agency (PCPA) or a private noncustodial agency (PNA) shall submit a JFS 01317 "recommendation for certification/recertification of a foster home" (rev. 1/2003) to the Ohio department of job and family services (ODJFS) to recommend closure of the home.
(2) A public children services agency (PCPA) shall enter the appropriate data into the statewide automated child welfare information system (SACWIS) to recommend closure of the home.
(E) If a foster caregiver(s) has re-applied for a foster home certificate prior to the recommendation for and expiration of a current certificate, an assessor shall complete a JFS 01385, "Ohio Department of Job and Family Services Assessment for Child Placement Update" (rev. 12/2006), to ensure that the foster caregiver(s) remains in compliance with the requirements set forth in Chapter 5101:2-7 of the Administrative Code and to determine the continued suitability of the caregiver to serve as a foster caregiver.
(F) A reassessment of a foster home by an assessor shall include at least one home visit and one interview with each member of the household (except foster children) over the age of four years currently residing in the home. This may be a joint interview or individual interviews.
(G) The agency shall conduct a safety audit of the foster caregiver's residence within six months prior to recommending a foster home for recertification and prior to or within ten working days after any relocation of a foster home and document that the residence has met all safety standards required by rules 5101:2-7-05 , 5101:2-7-10 , 5101:2-7-12 , and 5101:2-7-15 of the Administrative Code by completing a JFS 01348"Safety Audit of a Foster Home" (rev. 1/2003). Any deficiencies noted on the JFS 01348 shall result in the completion of a rule violation report and a corrective action plan in accordance with paragraph (E) of rule 5101:2-5-28 of the Administrative Code.
(H) The agency may require a foster caregiver to have the foster home inspected by a certified fire safety inspector prior to recommending the home for recertification if the agency deems it necessary to ensure that the home is free from conditions which may be hazardous to the safety of a foster child.
(I) The agency may require a report of a physical, psychiatric or psychological examination or treatment of the caregiver or any foster home resident in order to ensure the safety, health or care of a foster child. The examination shall be conducted by a licensed physician, psychologist, or other certified or licensed professional.
(J) A PCSA shall search for reports of child abuse and neglect contained in SACWIS for each foster caregiver and each adult residing with a foster caregiver.
(K) A PCPA or PNA shall request ODJFS to conduct a search for reports of child abuse and neglect contained in SACWIS for each foster caregiver and each adult residing with a foster caregiver.
(L) Preparation of summary report of involvement of a foster caregiver and other adult household members in reports of child abuse and neglect contained in SACWIS.
(1) A summary report shall be placed in the caregiver's file, and in the record of each child placed in the caregiver's home. Prior to the placement of each child in the caregiver's home, the summary report shall be considered as a tool to help determine the appropriateness of the placement.
(2) One summary report shall be prepared for each foster home. The summary report shall include, for each caregiver and each adult household member, a chronological list of abuse and neglect determinations or allegations in which the person was involved where a PCSA has done one of the following:
(a) Determined that abuse or neglect occurred.
(b) Initiated an investigation, and the investigation is ongoing.
(c) Initiated an investigation, and the agency was unable to determine whether abuse or neglect occurred. This provision is limited to report dispositions the PCSA determined to be unable to locate.
(3) The summary report shall not contain any of the following:
(a) Any information concerning a report of abuse or neglect where the public children services agency determined that abuse or neglect did not occur or was unsubstantiated.
(b) The name of the person who or entity that made, or participated in the making of, the report of abuse or neglect. This includes any additional collateral contact who made, or participated in, the report of abuse or neglect.
(c) Any information the release of which is prohibited by state or federal law.
(d) The name of or other identifying information regarding a child.
(4) If the search indicates there are no allegations or reports of involvement in child abuse or neglect investigations for any applicant or adult household member, the summary report shall indicate that there is no record involving any applicant or adult household member in an allegation or report of involvement in a child abuse or neglect investigation reported to SACWIS or the central registry.
(M) In accordance with rule 5101:2-5-09.1 of the Administrative Code, the agency shall request the conducting of a criminal records check for a certified foster caregiver and each adult who resides with the foster caregiver every four years prior to recommending a foster home for recertification.
(N) If an agency receives a completed JFS 01331 more than thirty days prior to the expiration date of a foster home certificate, a PCSA shall enter required data into SACWIS, and a PCPA or PNA shall submit an original JFS 01317 to ODJFS recommending one of the following:
(2) Denial of recertification.
(3) Closure, based on receipt of a voluntary withdrawal or failure of the caregiver(s) to submit a reapplication as required by rule 5101:2-7-14 of the Administrative Code.
(O) If an agency receives a completed JFS 01331 less than thirty days prior to the expiration of a foster home certificate, the agency may take thirty days past the expiration date to submit the requirements of paragraph (N) of this rule to ODJFS. If the agency submits a recommendation for certification after the expiration date of a foster home, the effective date will be determined according to paragraph (P) of this rule.
(P) The effective date of a foster home certificate shall be:
(1) The first day following the expiration of the previous certificate if the recommendation for certification was received prior to the expiration of the certification period.
(2) The date of receipt of the recommendation for certification if the recommendation for certification was made after the expiration of the previous certificate and the foster caregiver reapplied prior to the expiration of the previous certification period.
(Q) If the foster caregiver fails to reapply prior to the date of expiration of the previous certificate, the certificate will expire and the family must re-apply for initial certification pursuant to rule 5101:2-5-20 of the Administrative Code.
R.C. 119.032 review dates: 06/13/2011 and 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5103.18
Rule Amplifies: 5103.02 , 5103.03 , 5103.18
Prior Effective Dates: 12/30/66, 10/1/86, 7/2/90 (Emer.), 10/1/90, 1/1/91, 9/18/96, 7/1/00, 1/1/03, 12/11/06, 12/1/09