Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-42 - Substitute Care › Section 5101:2-42-18.1 - Non-discrimination requirements for foster care placements

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 not deny any person the opportunity to
			 become a foster caregiver on the basis of race, color or national origin (RCNO)
			 of that person, or of the child involved; nor shall the PCSA, PCPA, or PNA
			 delay or deny the placement of a child into foster care on the basis of RCNO of
			 the foster caregiver or of the child involved.
(B) The Multiethnic Placement Act of 1994 as
			 amended by Section 1808 of the Small Business Job Protection Act of 1996,
			 42 U.S.C.
			 622(b)(7),
			 671(a)(18),
			 674(d)
			 and
			 1996(b)
			 (MEPA) and Title VI of the Civil Rights Act of 1964,
			 42
			 U.S.C. 2000d, as they apply to the foster
			 care process, do not supercede the provisions of the Indian Child Welfare Act
			 of 1978,
			 25 U.S.C.A.
			 1901.
(C) A PCSA, PCPA, or PNA shall not routinely
			 consider RCNO as a factor in assessing the needs or best interests of children.
			 In each case, the only consideration shall be the child's individual needs and
			 the ability of the prospective foster caregiver to meet those needs.
(D) Only the most compelling reasons may
			 serve to justify the consideration of RCNO as part of a placement decision.
			 Such reasons emerge only in the unique and individual circumstances of each
			 child and each prospective foster caregiver. In those exceptional circumstances
			 when RCNO need to be taken into account in a placement decision, such
			 consideration shall be narrowly tailored to advance the child's best interests.
			 Even when the facts of a particular case allow consideration related to RCNO,
			 this consideration shall not be the sole determining factor in the placement
			 decision.
(E) The following actions
			 by a PCSA, PCPA, and PNA are permitted as it applies to the foster care
			 placements.
(1) Asking about and honoring any
			 initial or subsequent choices made by prospective foster caregivers regarding
			 what RCNO of child the prospective foster caregivers will accept.
(2) Providing information and resources about
			 fostering a child of another RCNO to prospective foster caregivers who request
			 such information and making known to all families that such information and
			 resources are available.
(3)
			 Considering the request of a birth parent(s) to place the child with a relative
			 or non-relative identified by name.
(4) Considering the RCNO of the child as a
			 possible factor in the placement decision when compelling reasons serve to
			 justify that the RCNO need to be a factor in the placement decision pursuant to
			 paragraph (G) of this rule. Even when the facts of a particular case allow
			 consideration related to the RCNO, this consideration shall not be the sole
			 determining factor in the placement decision.
(5) Promoting cultural awareness, including
			 awareness of cultural and physical needs that may arise in the care of children
			 of different races, ethnicities and national origins as part of the training
			 which is required of all applicants who seek to become foster
			 caregivers.
(6) Documenting verbal
			 comments, verbatim, or describing in detail any other indication made by a
			 prospective foster caregiver or prospective foster caregiver family member
			 living in the household or any other person living in the household reflecting
			 a negative perspective regarding the RCNO for whom the prospective foster
			 family have expressed an interest in fostering.
(a) The documentation shall indicate whether
			 those comments were made before or after completion of the cultural diversity
			 training that is required for all foster care applicants.
(b) The documentation shall be included in
			 the family's homestudy, update, or an addendum to the homestudy or update prior
			 to consideration of placement.