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5101:2-48-03 Requirement
of ODHS 1616 "Social and
Medical History" history".
Effective Date: September 1, 2003.
Most current prior effective date: 05/14/98
(A) Social and medical histories of the
biological parents, their ancestors, and the child are critical information to
obtain in order that:
(1) Children receive appropriate diagnostic
and treatment services for physical, emotional and genetic disorders;
(2) Appropriate adoptive families are selected
who are able to meet the needs of the child;
(3) Adoptive families are financially and
emotionally prepared to care for the child placed with them; and
(4) Children have the necessary health and
background information that may be important to them throughout their lives.
The public children services agency (PCSA), private child
placing agency (PCPA) or private noncustodial (PNA)
shall be responsible for emphasizing the critical importance and necessity for
provision of social and medical information by the biological parents whose
children are in the care of the agency and/or whose children will be
placed for adoption.
(B) Social and medical histories of the
biological parents shall be obtained from the following sources:
(1) Written information and interviews with
the biological parents of the child;
(2) Written information and interviews with
other persons having knowledge of the biological parents and their ancestors;
(3) Any available records, if the biological
parent or the legal guardian of the biological parents consents to release of
information contained in the record; and
(4) Results of a medical examination that an
assessor the PCSA, PCPA or PNA may have requested the
biological parent consent to. In the event the biological parent refuses to
consent to a medical examination, this shall be noted on the
ODHS 1616, JFS 01616 "Social and Medical
History".
(C) Blank copies of the ODHS
1616 JFS 01616 shall be provided to the biological
parents or other persons who can supply social and medical information on the
biological parents and their ancestors.
(D) The PCSA, PCPA, or PNA shall attempt
to obtain all information necessary to complete an initial
the ODHS 1616
JFS 01616 prior to termination of parental rights, whether by court
commitment or permanent surrender, in order to:
(1) Assure there is sufficient information
available to place the child appropriately;
(2) Assure the prospective adoptive family has
sufficient information on the social and medical history of the family in
order to make an informed decision about accepting placement of the child; and
(3) Assure appropriate subsidies can be
planned for the child and family.
(E) Following termination of parental rights,
the PCSA, PCPA, or PNA shall continue to obtain additional social and medical
information on the biological parents and the ancestors of the minor which can
be used to update or complete the ODHS 1616
JFS 01616. All social and medical history information needed to complete
the ODHS 1616 JFS 01616 shall
be obtained prior to submission of the ODHS
1699, JFS 01699 "ODHS
ODJFS Prefinalization Adoption Assessment Report" to the court in
accordance with the requirements contained in rule 5101:2-48-17 of the
Administrative Code.
(F) When completing the
ODHS 1616 JFS 01616 the PCSA, PCPA, or PNA shall not
include identifying information about the biological parents or other ancestors
of the minor.
(G) The agency shall document and maintain in
the case record attempts to obtain information which the agency indicates is not
available.
(H) The PCSA, PCPA or PNA shall advise the
biological parents or other persons supplying information of the right to
correct or expand the information contained on the
ODHS 1616 JFS 01616 at any time prior to or subsequent to
the adoption of the child, including any time after the child becomes an adult
by submitting such correction or expansion to the assessor, the court involved
in the adoption, the Ohio Department of Health Ohio
department of health (ODH), or the Ohio Department
department of Human Services
(ODHS) job and family
services (ODJFS). The individual, PCSA, PCPA, PNA, or department receiving
such information shall determine compliance with section 3107.09 or 3107.091 of
the Revised Code prior to filing it with the court that issued the interlocutory
order or final decree of adoption. When the assessor, ODH or ODHS
ODJFS determines that the information supplied for inclusion in the
social and medical history cannot be included in the record, written
notification of this decision shall be made to the biological parent or other
person supplying the information. The written notification shall also indicate
that upon receipt of the notification, a petition can be filed with the court
which was involved in the adoption to request the court review the information
and determine whether the information may be included in the social or medical
history.
(I) The PCSA, PCPA, or PNA shall provide
biological parents with a copy of the social and medical history information
obtained at the time of termination of parental rights.
(J) The assessor shall provide the completed
copy of the ODHS 1616 JFS
01616 to the:
(1) Prospective adoptive family; and
(2) Court where the petition for adoption has
been filed at the time the ODHS 1699,
JFS 01699 " ODHS ODJFS
Prefinalization Adoption Assessment Report" is submitted in
accordance with the requirements contained in rule 5101:2-48-17 of the
Administrative Code. The court may refuse to issue an interlocutory order or
final decree of adoption if the assessor has not filed the
ODHS 1616 JFS 01616 unless the assessor certifies to
the court that information needed to prepare the histories is unavailable for
reasons beyond the assessor's and the PCSA, PCPA or PNA's control.
(K) The assessor shall advise the adoptive
parents that if they wish to be notified when social and medical histories are
updated or expanded pursuant to paragraph (H) of this rule, an
ODHS 1679, the JFS 01679 "Request for
Notification" can be completed and filed with the court at any time.
(L) The assessor shall advise adoptive parents
that:
(1) They may inspect all forms pertaining to
the social and medical history of biological parents filed with the court
prior to the child reaching age eighteen; and
(2) At the time the child reaches age
eighteen, only the adopted person may inspect the court files.
(M) The assessor is not required to complete
the ODHS 1616 JFS 01616 when
the child is being adopted by a stepparent or grandparent.
Effective: 09/01/2003
R.C. 119.032 review dates: 05/01/2003 and 09/01/2008
Certification
Date 07/08/2003
Promulgated Under: 119.03
Statutory Authority: 5103.03, 3107.09, 3107.17
Rule Amplifies: 5103.03, 5153.16, 3107.09, 3107.17
Prior Effective Dates: 1/14/83, 6/1/85 (Emer.), 8/12/85, 7/1/90, 9/1/94,
9/18/96, 2/13/98 (Emer.), 05/14/98
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