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5101:2-42-20 General
requirements applicable to interstate placements of children into or from Ohio.
(A) Authorization:
The Ohio department of human services (ODHS)
is the appropriate authority in the state of Ohio which must authorize the
interstate placement of any child into or from Ohio involving a compact or
noncompact state unless exempted by section 5103.20 of the Revised Code. ODHS
shall receive all notices regarding the proposed interstate placement of
children. ODHS shall only authorize placement of a child from Ohio, whose
placement meets the definition of an interstate placement pursuant to rule
5101:2-1-01 of the Administrative Code, into a compact or noncompact state
after authorization from the appropriate authority in the receiving state,
which is the equivalent of the state department of human services. A request
to place a child into Ohio, whose placement meets the definition of an
interstate placement, from a compact or noncompact state shall only be
accepted from the appropriate authority in the sending state.
THE PLACEMENT OF ANY CHILD INTO OHIO BY ANOTHER STATE OR TERRITORY, OR
FROM OHIO INTO ANOTHER STATE OR TERRITORY, WHOSE PLACEMENT MEETS THE
DEFINITION OF INTERSTATE PLACEMENT AS SET FORTH IN RULE 5101:2-1-01 OF
THE ADMINISTRATIVE CODE, MUST BE AUTHORIZED BY THE OHIO
DEPARTMENT OF JOB AND FAMILY SERVICES (ODJFS), UNLESS SUCH
AUTHORIZATION IS EXEMPTED BY SECTION 5103.20 OF THE REVISED CODE.
ANY PARTY PROPOSING THE INTERSTATE PLACEMENT OF A CHILD MUST NOTIFY ODJFS
AND ENSURE THAT ALL RELEVANT NOTICES ARE SENT TO ODJFS. ODJFS
SHALL ONLY AUTHORIZE THE INTERSTATE PLACEMENT OF A CHILD FROM OHIO INTO
ANOTHER STATE OR TERRITORY AFTER AUTHORIZATION FROM THE APPROPRIATE AUTHORITY
IN THE RECEIVING STATE, WHICH WILL BE THE RECEIVING STATE'S EQUIVALENT OF THE
STATE DEPARTMENT OF HUMAN SERVICES. ODJFS SHALL ONLY CONSIDER REQUESTS
FOR INTERSTATE PLACEMENT OF A CHILD INTO OHIO FROM ANOTHER STATE OR
TERRITORY IF THE REQUEST IS MADE BY THE APPROPRIATE AUTHORITY IN THE SENDING
STATE, WHICH WILL USUALLY BE THE EQUIVALENT OF THE STATE DEPARTMENT OF HUMAN
SERVICES.
(B) THE SENDING OR BRINGING OF A CHILD INTO A
RECEIVING STATE BY ANY ONE OF THE FOLLOWING INDIVIDUALS, AND ALSO PLACING WITH
ONE OF THE FOLLOWING INDIVIDUALS, IS EXEMPTED FROM THE PROVISIONS OF SECTION 5103.20
OF THE REVISED CODE.
(1) THE CHILD'S PARENT,
(2) THE CHILD'S STEP-PARENT,
(3) THE CHILD'S GRANDPARENT,
(4) THE CHILD'S ADULT BROTHER,
(5) THE CHILD'S ADULT SISTER,
(6) THE CHILD'S ADULT UNCLE,
(7) THE CHILD'S ADULT AUNT, OR,
(8) THE CHILD'S GUARDIAN OR NON-AGENCY
GUARDIAN.
(B)(C)
Retention of jurisdiction:
(1) Pursuant to section 5103.20 of the Revised
Code, "the sending agency shall retain jurisdiction over the child
sufficient to determine all matters in relation to the custody, supervision,
care, treatment, and disposition of the child which it would have had if the
child had remained in the sending agency's state, until the child is adopted,
reaches majority, becomes self-supporting or is discharged with the
concurrence of the appropriate authority in the receiving state. Such
jurisdiction shall also include the power to effect or cause the return of the
child or his transfer to another location and custody pursuant to law. The
sending agency shall continue to have financial responsibility for support and
maintenance of the child during the period of the placement. Nothing contained
herein shall defeat a claim of jurisdiction by a receiving state sufficient to
deal with an act of delinquency or crime committed therein."
(2) When the Ohio sending agency is a public
children services agency (PCSA), a private child placing agency (PCPA),or
court, the sending agency shall retain jurisdiction pursuant to paragraph
(B)(1) of this rule when one of the following forms of custody or
dispositional order issued by a court of competent jurisdiction is in effect
and an interstate placement is proposed or made:
(a) Legal custody;
(b) Temporary custody issued or extended;
(c) Protective supervision;
(d) Long-term
foster care PLANNED PERMANENT LIVING ARRANGEMENT (PPLA);
(e) Permanent commitment;
(f) Permanent custody as a result of
execution of ODHS 1666 A JFS
01666 "Permanent Surrender of Child"; or
(g) Direct court placement.
(3) When the Ohio sending agency is a parent
or individual holding legal guardianship, the sending agency shall retain
jurisdiction in accordance with the requirements of paragraph (B)(1) of this
rule.
(C)(D)
Placement evaluation:
(1) A placement resource, other than a children's
residential center (CRC) CERTIFIED RESIDENTIAL FACILITY, that
is being considered for a child being proposed for placement into Ohio by a
sending agency of a compact or noncompact
state another state or territory, other than a parent or
individual holding legal guardianship for the purpose of adoption, shall be
evaluated as to the appropriateness of such placement by an Ohio PCSA, PCPA or
private noncustodial agency (PNA).
(2) When the sending agency requesting an
evaluation and placement decision is a children services agency (CSA) or court
of another state, the evaluation shall be completed by an Ohio PCSA unless the
sending agency has made prior arrangements with an Ohio PCPA or PNA.
(3) PURSUANT TO ARTICLE III (A)
OF SECTION 5103.20 OF THE REVISED CODE, "NO
SENDING AGENCY SHALL SEND, BRING, OR CAUSE TO BE SENT OR BROUGHT INTO ANY
OTHER PARTY STATE ANY CHILD FOR PLACEMENT IN FOSTER CARE OR AS PRELIMINARY TO
A POSSIBLE ADOPTION UNLESS THE SENDING AGENCY COMPLIES WITH THE APPLICABLE
LAWS OF THE RECEIVING STATE GOVERNING THE PLACEMENT OF CHILDREN THEREIN."
PLACEMENT OF CHILDREN INTO THE STATE OF OHIO SHALL BE MADE PURSUANT TO
RULES 5101:2-42-05, "SELECTION OF A PLACEMENT
SETTING," AND 5101:2-48-16, "ADOPTIVE PLACEMENT
PROCEDURES," OF THE ADMINISTRATIVE CODE.
(3)(4)
A placement resource that is being considered as a family foster home
shall be evaluated pursuant to Chapter 5101:2-7 of the Administrative Code.
(4)(5)
A placement resource that is being considered as an adoptive home by a
CSA or court of another state shall be evaluated pursuant to Chapter 5101:2-48
of the Administrative Code.
(5)(6)
An evaluation of an Ohio placement resource completed by an agency of
another state for the purpose of adoption may be incorporated totally or in
part by an Ohio PCSA, PCPA or PNA as a supplement to the homestudy report
pursuant to Chapter 5101:2-48 of the Administrative Code.
(6)(7)
The PCSA, PCPA or PNA shall submit three
copies of its evaluation and recommendation regarding approval or denial of
the placement resource and its recommendation regarding placement of the
specific child to ODHS within thirty working days of receipt of an evaluation
request from ODHS. The recommendation regarding placement of the specific
child shall only be made after presentation of all available information about
the child has been made to the placement resource by the PCSA, PCPA or PNA.
A PLACEMENT RESOURCE THAT IS BEING CONSIDERED AS AN ADOPTIVE HOME IN OHIO
BY A PARENT OR INDIVIDUAL HOLDING LEGAL GUARDIANSHIP IN ANOTHER STATE SHALL BE
EVALUATED PURSUANT TO RULE 5101:2-42-22 OF THE ADMINISTRATIVE CODE,
"INDEPENDENT INTERSTATE PLACEMENT REQUIREMENTS."
(7)(8)
A placement resource that is being
considered as an adoptive home in Ohio by a parent or individual holding legal
guardianship in another state shall be evaluated pursuant to rules
5101:2-42-23 and 5101:2-42-26 of the Administrative Code. THE PCSA,
PCPA OR PNA SHALL SUBMIT THREE COPIES OF ITS EVALUATION AND
RECOMMENDATION REGARDING APPROVAL OR DENIAL OF THE PLACEMENT RESOURCE AND ITS
RECOMMENDATION REGARDING PLACEMENT OF THE SPECIFIC CHILD TO ODJFS
WITHIN THIRTY WORKING DAYS OF RECEIPT OF AN EVALUATION REQUEST FROM ODJFS.
THE RECOMMENDATION REGARDING PLACEMENT OF THE SPECIFIC CHILD SHALL ONLY BE
MADE AFTER PRESENTATION OF ALL AVAILABLE INFORMATION ABOUT THE CHILD HAS BEEN
MADE TO THE PLACEMENT RESOURCE BY THE PCSA, PCPA OR PNA.
(D)(E)
Placement supervision:
(1) A PCSA, PCPA or PNA completing an
evaluation of a placement resource which is then utilized for the placement of
a child from compact or noncompact state
ANOTHER STATE OR TERRITORY shall also provide supervision and other services
as an agent for the sending agency. The PCSA, PCPA or PNA shall provide
supervisory reports as requested by the sending state or no less than
quarterly. The PCSA, PCPA or PNA shall submit three copies of all supervisory
reports to ODHS ODJFS.
The provision of services shall continue until the child reaches majority,
becomes self-supporting, moves from the state of Ohio, or concurrence for
jurisdiction or custody termination has been given by ODHS
ODJFS.
(2) When a child placed under interstate
compact on the placement of children (ICPC) moves to another county in Ohio,
the PCSA initially providing services to the child whose placement was made in
accordance with rule 5101:2-42-21 OR 5101:2-42-23,
5101:2-42-24, or 5101:2-42-26 5101:2-42-22 of the
Administrative Code shall make a referral for the continued provision of
services on behalf of the child. A written referral shall be forwarded to the
appropriate PCSA and shall include copies of all pertinent case file
documents. Three copies of the referral notice shall be forwarded to ODHS
ODJFS. The agency receiving such a referral shall continue the
provision of services until the child reaches majority, becomes
self-supporting, moves from the state of Ohio or to another Ohio county, or
concurrence for jurisdiction or custody termination has been given by ODHS
ODJFS.
(E)(F)
Placement disruption:
(1) If a child has been placed into Ohio from a
compact or noncompact state ANOTHER STATE OR TERRITORY and the
placement disrupts, the PCSA, PCPA or PNA shall immediately notify the sending
agency and ODHS ODJFS. ODHS
ODJFS shall notify the sending state authority of the need to make
immediate plans for the child's return to the sending state or an alternative
placement. If necessary, ODHS ODJFS
shall advise the sending state authority that all costs associated with the
child's return or alternative placement shall be the responsibility of the
sending agency.
(2) Upon notification from the appropriate
authority in the receiving state, FROM the agency supervising the placement,
or ODHS FROM ODJFS,
that a child's return is necessary, a PCSA or PCPA which has placed a child
into a compact or noncompact state
ANOTHER STATE OR TERRITORY shall IMMEDIATELY arrange for the child's return or
for an alternative placement. All costs associated with the child's return or
alternative placement shall be the responsibility of the Ohio sending agency.
(F)(G)
Notice of placement and placement status:
THE SENDING AGENCY SHALL ADVISE ODJFS ODHS
within ten working days of a child's interstate placement into or from Ohio,
or of any status change in the placement when such placement was made, or
proposed, pursuant to rules 5101:2-42-21 to
5101:2-42-26 AND 5101:2-42-22 of the Administrative
Code. THE SENDING AGENCY SHALL PROVIDE ODJFS WITH THREE Three
copies of ICPC 100B, ODHS 1662
JFS 01662 "Interstate Compact Report on Child's Placement
Status" shall be submitted to ODHS by the
sending agency within ten working days of:
(1) Placement/PLACEMENT DISRUPTION;
(2) Discharge from placement;
(3) Proposed placement cancellation;
(4) Adoption finalization; or
(5) Custody termination.
Effective Date: 2/15/02
Review Date: 5/1/03
Certification: Thomas J. Hayes
Date
Promulgated Under: Revised Code Chapter 119.
Statutory Authority: Revised Code Sections 5103.20
Rule Amplifies: Revised Code Sections 2151.39, 5103.20
Prior Effective Dates: 1/14/83, 7/1/90, 2/13/98 (Emer.), 5/14/98.
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