Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-48 - Adoption › Section 5101:2-48-13 - Non-discrimination requirements for adoptive 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 an adoptive parent 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 for adoption on the basis of RCNO of the adoptive parent, or of the child
			 involved.
(B) The Multiethnic
			 Placement Act, Oct. 20, 1994,
			 P.L.
			 103-382, as amended by Section 1808 of the Small
			 Business Job Protection Act of 1996, Aug. 20, 1996,
			 P.L.
			 104-188 (MEPA), and the Civil Rights Act of 1964
			 (Title VI), as they apply to the adoption process, do not supercede the
			 provisions of the Indian Child Welfare Act of 1978, P.L. 95-608,
								25 U.S.C.
			 1901
								-1963
								.
(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 adoptive parent to meet those needs.
(D) Only the most compelling reasons may
			 serve to justify 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 adoptive parent. In those exceptional circumstances when
			 RCNO needs 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) A JFS 01689
			 "Documentation of the Placement Decision-Making Process," shall be completed at
			 each matching conference where families are considered as potential matches and
			 prior to the placement selection by the custodial agency, pursuant to rule
			 5101:2-48-16
			 of the Administrative Code.
(F)
			 Annually each PCSA, PCPA, and PNA is to review and update their foster care and
			 adoption recruitment plan. The review and update is to be completed in the Ohio
			 statewide automated child welfare information system (SACWIS) by June thirtieth
			 each year.
(G) The following
			 actions by a PCSA, PCPA, or PNA are permitted as it applies to the adoptive
			 placement:
(1) Asking about and honoring any
			 initial or subsequent choices made by prospective adoptive parents regarding
			 what RCNO of child(ren) the prospective adoptive parents will accept.
(2) Honoring the decision of a child over
			 twelve years of age not to consent to an adoption, unless the court finds that
			 the adoption is in the best interest of the child and the child's consent is
			 not required.
(3) Providing
			 information and resources about adopting a child of another RCNO to prospective
			 adoptive parents who request such information and making known to all families
			 that such information and resources are available.
(4) Considering the request of a birth
			 parent(s) to place the child with a relative or non-relative identified by
			 name.
(5) Considering the RCNO of
			 the child as a possible factor in the placement decision when compelling
			 reasons serve to justify that the RCNO needs to be a factor in the placement
			 decision pursuant to paragraph (J) 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.
(6) 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 adoptive
			 parents.