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5101:2-48-16
Adoptive placement procedures.
Effective Date: September 1, 2003.
Most current prior effective date: 11/12/02
(A) The PCSA or PCPA shall make an adoptive
placement only when it has permanent custody of the child, whether custody is
obtained by surrender or commitment.
(B) No PCSA or PCPA shall place a child in an
Ohio home for the purpose of adoption unless a homestudy has been completed and
approved by an Ohio PCSA, PCPA or PNA pursuant to rule 5101:2-48-12 of the
Administrative Code. The PCSA or PCPA may place a child in an adoptive home in
another state provided that the adoptive home has been approved by the receiving
state pursuant to rules governing the "Interstate Compact on the Placement
of Children" contained in Chapter 5101:2-42 of the Administrative Code. The
homestudy shall be completed by a PCSA, PCPA, or PNA with authority recognized
by ODJFS the Ohio department
of job and family services(ODJFS) to complete adoptive homestudies.
(C) A child shall only be placed into an
adoptive home which meets the child's best interest and special needs.,
This placement shall be based on, but not limited to, the placement of
siblings together, the information contained in the child study inventory, the
child's case plan, and
the adoptive family homestudy.,
and the JFS 01689 "Documentation of the Placement Decision-Making
Process." In determining the best
interest of the child, the agency shall give consideration, regardless of
geographic location, to all of the following: Regardless of
geographic location, the following preferential order shall be given when
considering a child for adoptive placement.
(1) All adult relatives of the child who have
expressed an interest in adopting the child and meet all relevant state child
protection standards unless the agency determines that the placement is not in
the child's best interest.
(2)
Placing siblings together, unless it is not in
the best interest of one or more members of the sibling group.
(3)(2)
The child's foster caregiver who has expressed an interest in adopting
the child. Unless unless the
agency determines that the placement is not in the best interest of the child.
(4)(3)
Approved adoptive families.
(5)The placement preferences of the birth
parent pursuant to rule 5101:2-48-13 of the Administrative Code.
(D) The decision to place a child into a
specific adoptive home shall be made by at least two members of the PCSA, PCPA,
and/or PNA staff. The caseworker for the child, the adoptive family caseworker,
if different, and another member of the administrative or supervisory staff
shall be included in the decision-making process and shall complete the JFS
01689 "Documentation of the Placement Decision-Making Process." The
PCSA or PCPA may also consider placement preferences of the birth parent(s) in
accordance with rule 5101:2-48-13 of the Administrative Code.
(E)
When more than one PCSA, PCPA, or PNA is
involved in an adoptive placement, a representative from each agency shall
participate in the placement decision. Prior to the adoptive placement of the
child, the following must occur:
(1)
An exchange of detailed information
between the agencies concerning the child and prospective adoptive family.
Initial contact with the prospective adoptive parent shall be made by the PCSA,
PCPA, or PNA working with the adoptive parent, unless that agency gives
permission for another agency to contact the adoptive parent; and
(2)A determination and written agreement
regarding which agency is the adoption child serving agency (ACSA) and the
adoptive family service agency (AFSA).
(E) When more than one PCSA, PCPA,
or PNA is involved in an adoptive placement, a representative from each agency
shall participate in the placement decision. Prior to the adoptive placement of
the child, an exchange of detailed information between the agencies concerning
the child and prospective adoptive family shall occur. Initial contact with the
prospective adoptive parent shall be made by the PCSA, PCPA, or PNA working with
the adoptive parent, unless that agency gives permission for another agency to
contact the adoptive parent.
(F) An ODJFS
01654, The JFS 01654 "
"Adoptive Placement Agreement" shall be signed by the PCSA or
PCPA having permanent custody of the child, by the adoptive paren
t parent and, if applicable, by any other PCSA, PCPA, or
PNA providing adoption services, on or before the date of adoptive placement. A
copy of the signed agreement shall be given to the adoptive parent and any other
signer of the agreement. The agreement shall explain the responsibilities and
authority of all signers of the agreement.
(G) No PCSA shall refuse to provide or arrange
for services within its county to another PCSA on behalf of a special needs
child when such services, if not provided, would cause a delay in the adoptive
placement of a special needs child. Services shall include, but are not limited
to: homestudy services; prefinalization and postfinalization services; and
services needed to provide the court with information required for adoption
finalization.
(H) The PCSA in the county in which an adoptive
family resides shall be notified when an adoptive placement has been made with a
family residing within the county. The PCSA that facilitated the adoptive
placement shall be responsible for the notification to the PCSA. Interagency
agreements that result in disputes shall be resolved in a mediation process
provided by the Ohio department of job and family services.
(I) When permanent custody of a child is under
appeal through a court of appropriate jurisdiction, the PCSA may proceed with
the determination of eligibility for Title IV-E adoption assistance in
accordance with applicable provisions of Chapter
5101:2-47 Chapter 5101:2-49 of the Administrative Code
and the state adoption subsidy program in accordance with applicable provisions
of Chapter 5101:2-44 of the Administrative Code.
(J) When the permanent custody of a child is
under appeal through a court of appropriate jurisdiction or awaiting
journalization by the court, the PCSA or PCPA may place the child in a
substitute care placement certified as a foster home pursuant to Chapter
5101:2-7 of the Administrative Code that is also approved as an adoptive
placement.
(K) When a child has been determined
to be an adjudicated delinquent, no PCSA or PCPA shall place the child in a home
for the purpose of adoption unless the prospective adoptive parent is provided a
written report containing specified information in accordance with rule
5101:2-48-15 of the Administrative Code.
(L) Prior to the date of adoptive
placement, the PCSA or PCPA shall provide the prospective adoptive parent with
the child study inventory (CSI) in accordance with rule 5101:2-48-21 of the
Administrative Code.
(M) Prior to the date of adoptive
placement, the PCSA or PCPA shall provide the adoptive family with written
information describing types of behavior that the prospective adoptive parent
may anticipate from children who have experienced abuse and neglect, suggested
interventions, and the post adoption services available if the child exhibits
those types of behavior after adoption.
(N) Prior to the date of adoptive
placement, the PCSA or PCPA shall provide the adoptive family with the completed
and signed JFS 01667 "Adoption Information Disclosure."
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: 5153.16
Rule Amplifies: 5103.03, 5153.16, 2152.72
Prior Effective Dates: 7/1/1990, 9/1/94, 9/18/96, 12/31/96 (Emer.), 3/31/97,
2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99, 11/12/02
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