Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-48 - Adoption › Section 5101:2-48-05 - Agency adoption policy and recruitment plan

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) that
			 places children for adoption or participates in the placement of children for
			 adoption shall have a current written adoption policy.
(B) The policy shall include:
(1) The geographic area within which the
			 agency conducts adoption homestudy assessments.
(2) A description of the adoption application
			 process, the adoption homestudy, and the adoption homestudy update and
			 amendment procedures, including:
(a)
			 Eligibility requirements for an adoptive applicant(s).
(b) Timeframe for commencing and completing
			 an adoption homestudy.
(c) Process
			 for simultaneously certifying an applicant for foster care placement and
			 approving an applicant for adoption.
(d) Preservice training requirements for an
			 adoptive applicant(s).
(e) Criminal
			 records check requirements and fees associated with obtaining a criminal
			 records check pursuant to rule
			 5101:2-48-10
			 of the Administrative Code.
(f) If
			 the agency requires additional assessment activities not specified in Chapter
			 5101:2-48 of the Administrative Code, then the agency shall include a
			 description of those activities in their policy and require them of all
			 adoptive applicants and approved adoptive parents.
(g) The requirement that an assessor shall
			 complete the JFS 01530 "Large Family Assessment"  if:
(i)
			 A family has a total of five or more children residing in the home at the time
			 of the homestudy, including foster children and children in kinship care,
			 or;
(ii) A family will have a total
			 of five or more children residing in the home based upon the number of children
			 residing in the home at the time of the homestudy, including foster children
			 and children in kinship care and the number of children the family will be
			 approved to adopt.
(h)
			 The requirement that an assessor shall complete a new JFS 01530 at the time of
			 the update if the family circumstances have changed substantially or if a JFS
			 01530 was not completed at the time of the homestudy but is required at the
			 time of the update.
(3)
			 Notification procedures which, at a minimum, include:
(a) The requirements that an adoptive
			 applicant(s) or approved adoptive parent(s) shall notify the agency in writing
			 if a person residing in the home who is twelve years old, but under eighteen
			 years old, has been convicted or pleaded guilty to any offense listed in
			 appendix A to rule
			 5101:2-48-10
			 of the Administrative Code or has been adjudicated to be a delinquent child for
			 committing an act that if committed by an adult, would constitute one of those
			 offenses.
(b) The requirements that
			 the PCSA, PCPA, or PNA shall notify in writing the PCSA in the county in which
			 the adoptive applicant resides within ten days after the initiation of a
			 homestudy pursuant to rule
			 5101:2-48-12
			 of the Administrative Code.
(c) The
			 requirements that the PCSA, PCPA or PNA shall notify in writing the PCSA in the
			 county in which the adoptive parent(s) resides, of an impending adoptive
			 placement no later than ten days prior to the placement of the child pursuant
			 to rule
			 5101:2-48-16
			 of the Administrative Code.
(d) The
			 requirements that the PCSA or PCPA shall notify the foster or kinship caregiver
			 if the PCSA or PCPA seeks permanent custody of a child placed with the
			 caregiver and if a child placed with the caregiver becomes available for
			 adoption. The notification shall also be given to the recommending agency when
			 the custodial agency is different than the recommending agency. The
			 notification shall be consistent with the requirements contained in section
			 5103.161
			 of the Revised Code.
(4)
			 A procedure to provide access to approved adoption homestudies and other
			 related documents to a PCSA or PCPA that requests a copy of the adoption
			 homestudy for purposes of matching a child pursuant to rule
			 5101:2-48-19
			 of the Administrative Code.
(5) A
			 procedure for the receipt and maintenance of approved adoptive homestudies from
			 other agencies or states, including the length of time that homestudies
			 received shall be maintained in the agency's files.
(6) A procedure pursuant to rule
			 5101:2-48-24
			 of the Administrative Code, to review grievances or complaints, received from
			 the prospective adoptive applicant(s), adoptive applicant(s), or approved
			 adoptive parent(s).
(a) The requirements for
			 hearing grievances and for resolving differences with the prospective adoptive
			 applicant(s), adoptive applicant(s), or approved adoptive parent(s), relative
			 to the requirements of Chapter 5101:2-48 of the Administrative Code and other
			 agency policies.
(b) The
			 requirements of review by the highest administrative employee of the agency or
			 designee for any unresolved grievance within thirty calendar days of the filing
			 of the grievance.
(7) A
			 statement that the requirements contained in rule
			 5101:2-33-03
			 of the Administrative Code supersede the requirements of rule
			 5101:2-48-24
			 of the Administrative Code when the grievance or complaint involve alleged
			 discriminatory acts, policies, or practices pertaining to the foster care and
			 adoption process that involve race, color or national origin (RCNO).
(8) A requirement that the child's custodial
			 agency hold the initial matching conference within ninety days of the execution
			 of the permanent surrender or the file stamp date of the permanent custody
			 order, unless the order is under appeal as outlined in rule
			 5101:2-48-16
			 of the Administrative Code.
(9) The
			 following procedures as outlined in rule
			 5101:2-48-16
			 of the Administrative Code:
(a) Matching
			 procedures as outlined in paragraph (V) of rule
			 5101:2-48-16
			 of the Administrative Code.
(b)
			 When subsequent matching conferences are not required as outlined in paragraph
			 (Y) of rule
			 5101:2-48-16
			 of the Administrative Code.
(10) A non-discriminatory policy on
			 determining the approved adoptive parents who will be presented as a potential
			 adoptive parent for the child in the matching conference. If there are more
			 than five families who are potential matches for the child, the agency may
			 narrow the number of families to a minimum of five based on:
(a) The preference to keep siblings together
			 if it is in their best interest.
(b) The level of experience the family has in
			 working with children who have the specific behavior, medical or mental health
			 challenges that a specific child presents.
(11) If a family was previously considered
			 for a child in a matching conference and was not interested in the child, the
			 agency does not have to consider the family for the same child in subsequent
			 matching conferences.
(12) The
			 availability of open adoptions between the birth parent(s) and the adoptive
			 parent(s) and the referral process if the agency does not provide open
			 adoptions.
(13) A procedure for the
			 agency to report an adoptive applicant(s) or adoptive parent(s) who it feels
			 has made a false statement in the application or homestudy process according to
			 rule
			 5101:2-33-13
			 of the Administrative Code.
(14) A
			 description of all state and federal adoption and post
			 adoption assistance, including:
(a)
			 Eligibility requirements of each program.
(b) Application requirements of each
			 program.
(c) Availability of and
			 process for requesting mediation, as described in rule
			 5101:2-49-05
			 of the Administrative Code.
(d)
			 Availability of and process for requesting a state hearing, as described in
			 section
			 5101.35 of the Revised
			 Code and in accordance with division 5101:6 of the Administrative Code.
(15) Schedule of fees for service, if
			 applicable.
(16) Religious
			 affiliation requirements, if applicable.
(17) Provision of prefinalization and
			 postfinalization services.
(18) The
			 complaint process pursuant to rule
			 5101:2-33-03
			 of the Administrative Code.