Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-48 - Adoption › Section 5101:2-48-10 - Restrictions concerning provision of adoption services

Current through all regulations passed and filed through July 1, 2024
(A) A public
			 children services agency (PCSA), private child placing agency (PCPA), or
			 private noncustodial agency (PNA) shall request that the bureau of criminal
			  investigation
			 (BCI)
			 conduct a criminal records check on prospective adoptive parents and adult
			 members of the prospective adoptive parent's household pursuant to the
			 procedures set forth in section
			 2151.86 of
			 the Revised Code.
(B) The PCSA,
			 PCPA or PNA shall request that BCI include information from the federal bureau of
			 investigation (FBI) in the criminal records check for each person subject to a
			 criminal records check in accordance with division (A)(4) of section
			 109.572
			 of the Revised Code.
(C)
								A PCSA, PCPA or PNA shall not approve
			 an adoptive placement if the results of the BCI criminal
			 records check or the FBI check indicate that a prospective adoptive parent or,
			 when applicable, any adult who resides with the prospective adoptive parent has
			 been convicted of or pleaded guilty to any offense listed in appendix A to rule
			 5101:2-7-02
			 of the Administrative Code.
(D)
								Rehabilitative criteria for adoptive applicants and all
			 other adult household members: unless specifically disqualified in appendix A
			 to rule
			 5101:2-7-02
			 of the Administrative Code,
								no person who has been convicted of or pleaded guilty
			 to an offense listed in appendix A to rule
			 5101:2-7-02 of the Administrative Code shall be
			 considered for adoptive placement or be an adult resident of the prospective
			 adoptive parent's household unless the PCSA, PCPA or PNA finds and documents
			 that person has met all of the following conditions:
(1) The victim of the offense was not
			 a person under the age of eighteen.
(2)
			 The prospective adoptive parent's approval, or the person's residency in the
			 prospective adoptive parent's household, will not jeopardize in any way the
			 health, safety, or welfare of the children the PCSA, PCPA, or PNA serves. The
			 following factors shall be considered in determining the person's approval as
			 an adoptive parent or the person's residency in the adoptive parent'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 circumstances leading to the offense will recur.
(g) Whether the person is a repeat offender.
			 "Repeat offender" means a person who has been convicted of or pleaded guilty to
			 the commission of any of the offenses listed in appendix A to rule 5101:2-7-02
			 of the Administrative Code two or more times in separate criminal
			 actions. Convictions or guilty pleas resulting from or connected with the same
			 act, or resulting from offenses committed at the same time, shall be counted as
			 one conviction or guilty plea.
(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 appendix A to rule 5101:2-7-02
			 of the Administrative Code, if the felony bears a direct and substantial
			 relationship to being an adoptive parent or adult member of the adoptive
			 parent's household.
(l)
										The victim of the offense was:
(i)
											A functionally
			 impaired person as defined in section
			 2903.10
			 of the Revised Code.
(ii)
											A developmentally disabled person as defined in section
			 5123.01
			 of the Revised Code.
(iii)
											A person with a mental illness as defined in section
			 5122.01
			 of the Revised Code.
(iv)
											A person sixty years of age or older.
(m) Any other factors the PCSA, PCPA, or PNA considers
			 relevant.