Effective Date: January 1, 2003.
Most current prior effective date: July 1, 2000.
(A) A foster caregiver shall be at least
twenty-one years of age.
(B) At least one foster caregiver in the home
shall be able to read, write, and speak in English or be able to effectively
communicate with any child placed in their home and with the recommending
agency.
(C) A foster caregiver may be a legally married
couple, a single person or co-parent(s).
(D) A foster caregiver shall have an income
sufficient to meet the basic needs of the household and to make timely payment
of shelter costs, utility bills, and other debts.
(E) A foster caregiver and all members of the
household shall be free of any physical, emotional, or mental condition which
would endanger a child or seriously impair the ability of the foster caregiver
to care for a foster child.
(F) An applicant shall have an
ODHS A JFS 1653
01653 "Medical Statement for Foster Care/Adoptive Applicant and All
Household Members" completed for the applicant and all household members by
a licensed physician within six months prior to the agency's initial
recommendation for certification.
(G) An applicant may be required to secure and
provide a report in addition to the ODHS
JFS 1653 01653 of
an examination of any member of the household by a licensed physician,
psychologist, or other certified or licensed professional if:
(1) An applicant or any person residing within the household has suffered a serious illness or injury within the past year; or
(2) The recommending agency determines it to be necessary to ensure the safety, health, or care of any foster child who may be placed in the home.
(H) Except as provided in paragraph (I) of
this rule, a foster caregiver AND ALL OTHER PERSONS EIGHTEEN YEARS OF AGE OR
OLDER WHO RESIDE WITH THE FOSTER CAREGIVER shall not have been convicted of or
pleaded guilty to any of the offenses listed in paragraph (J) of this rule.
(I) No person who has been convicted of or
pleaded guilty to an offense listed in paragraph (J) of this rule shall be
certified as a foster caregiver on or after October 29,1993, unless the
recommending agency finds and documents that person has met all of the following
conditions:
(1) Where the offense was a misdemeanor, or would have been a misdemeanor if conviction had occurred under the current criminal code, at least three years have elapsed from the date the person was fully discharged from any imprisonment or probation arising from the conviction. A person who has had his record of misdemeanor conviction sealed by a court pursuant to section 2953.32 of the Revised Code shall be considered to have met this condition.
(2) Where the offense was a felony, at least ten years have elapsed since the person was fully discharged from imprisonment or probation.
(3) The victim of the offense was not one of the following:
(a) A person under the age of eighteen.
(b) A functionally impaired person as defined in section 2903.10 of the Revised Code.
(c) A mentally retarded person as defined in section 5123.01 of the Revised Code.
(d) A developmentally disabled person as defined in section 5123.01 of the Revised Code.
(e) A person with a mental illness as defined in section 5122.01 of the Revised Code.
(f) A person sixty years of age or older.
(4) The person's certification as a foster caregiver will not jeopardize in any way the health, safety or welfare of the children the agency serves. The following factors shall be considered in determining the person's certification as a foster caregiver.
(a) The person's age at the time of the offense.
(b) The nature and seriousness of the offense.
(c) The circumstances under which the offense was committed.
(d) The degree in which the person participated in the offense.
(e) The time elapsed since the person was fully discharged from imprisonment or probation.
(f) The likelihood that the circumstance leading to the offense will recur.
(g) Whether the person is a repeat offender.
(h) The person' s employment record.
(i) The person's efforts at rehabilitation and the results of those efforts.
(j) Whether any criminal proceedings are pending against the person.
(k) Whether the person has been convicted of or pleaded guilty to a felony contained in the Revised Code that is not listed in paragraph (J) of this rule, if the felony bears a direct and substantial relationship to being a foster caregiver or adult member of the caregiver's household.
(l) Any other factors the agency considers relevant.
(J) Except as provided in paragraph (I) of
this rule, a foster caregiver shall not have been convicted of or pleaded guilty
to, any of the following offenses:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321 (2907.32.1), 2907.322 (2907.32.2), 2907.323 (2907.32.3), 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161 (2923.16.1), 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code as listed in appendix A of this rule.
(2) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in paragraphs (J)(1) and (J)(2) of this rule.
(K) It is the prospective foster caregiver's
duty to provide verification to the recommending agency that the conditions
specified in paragraph (I) of this rule are met for that person and if requested
for all adult members of the household. If the prospective foster caregiver
fails to provide such proof or if the agency determines that the proof offered
by the person is inconclusive or insufficient, the person shall be denied
certification pursuant to rule 5101:2-5-22 of the Administrative Code.
(L) To determine whether a prospective foster
caregiver is qualified to be certified as a foster caregiver pursuant to
paragraph (J) of this rule, a criminal records check shall be conducted for the
prospective foster caregiver and may be conducted for each adult member of the
household pursuant to rule 5101:2-5-091 of the Administrative Code.
(M) An agency shall not approve a prospective
foster caregiver on a conditional basis awaiting the results of the criminal
records check required by paragraph (L) of this rule. The required criminal
records check must be completed prior to an agency recommending a prospective
foster caregiver for certification.
(N) The provisions of paragraph (I) of this rule
must be considered for any prospective foster caregiver AND ALL OTHER PERSONS
EIGHTEEN YEARS OF AGE OR OLDER WHO RESIDE WITH THE FOSTER CAREGIVER and
may be considered for any adult member of the household who has
been convicted of, or pleaded guilty to, one or more of the offenses listed in
paragraph (J) of this rule, even if the persons' record has been sealed by a
court pursuant to section 2953.32 of the Revised Code because the information
contained in the sealed record bears a direct and substantial relationship to
the care to be provided to any foster child who may be placed in the home.
(O) A conviction of, or plea of guilty to, an
offense listed in paragraph (J) of this rule shall not prevent a person's
certification as a foster caregiver or being an adult household member of the
home if the person has been granted an unconditional pardon for the offense
pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea
has been set aside pursuant to law. "Unconditional pardon" includes a
conditional pardon with respect to which all conditions have been performed or
transpired.
(P) When a
person who is certified as a foster caregiver or who is an adult member of the
household is convicted of any offense listed in paragraph (J) of this rule, the
foster caregiver shall immediately notify the recommending agency, and the
agency shall evaluate whether the family foster home should continue to be
recommended for certification or be recommended for denial or revocation of
certification. The evaluation shall include, but not be limited to:
(1)Whether there are children in placement and the impact of disruption on the children if moved.
(2)Whether rehabilitation had to be considered for certification.
(3)The length of time of certification prior to this conviction.
(4)The factors of paragraphs (I)(3) and (I)(4) of this rule.
A FOSTER CAREGIVER OR PROSPECTIVE FOSTER CAREGIVER SHALL NOTIFY THE RECOMMENDING AGENCY IN WRITING IF A PERSON AT LEAST TWELVE YEARS OF AGE, BUT LESS THAN EIGHTEEN YEARS OF AGE, RESIDING WITH THE FOSTER CAREGIVER OR PROSPECTIVE FOSTER CAREGIVER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED IN APPENDIX A OF THIS RULE, OR HAS BEEN ADJUDICATED TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD HAVE CONSTITUTED SUCH A VIOLATION.
ODJFS SHALL DENY A FOSTER HOME CERTIFICATE ON THE GROUNDS THAT A PERSON AT LEAST TWELVE YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE RESIDING WITH THE FOSTER CAREGIVER OR PROSPECTIVE FOSTER CAREGIVER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE LISTED IN APPENDIX A OF THIS RULE OR HAS BEEN ADJUDICATED TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD HAVE CONSTITUTED SUCH AN OFFENSE, UNLESS THE AGENCY ESTABLISHES THAT THE DELINQUENT CHILD MEETS THE REHABILITATION PROVISIONS OF PARAGRAPHS (I) (3) AND (4) OF THIS RULE. IN CONSIDERING THE PROVISIONS OF PARAGRAPHS (I) (3) AND (4) OF THIS RULE, THE AGENCY SHALL VIEW THESE PROVISIONS CONSIDERING THE AGE OF THE DELINQUENT CHILD INVOLVED AND THE AGE AND SEX OF CHILDREN THAT ARE OR WOULD BE PLACED IN THE FOSTER HOME.
(Q) A foster caregiver shall not operate the
home as an adult boarding or rooming house.
(R) A foster caregiver shall obtain written
approval from the recommending agency prior to conducting any business, or
allowing any business to operate, including babysitting services, in the home.
(S) A foster caregiver shall not provide or
allow babysitting services in a family
foster home such that more than ten children, including foster, natural or
adoptive children are present and under the supervision of a caregiver at any
one time. Any caregiver that is an approved or certified type B family day care
home provider shall follow the requirements for approval or certification as a
type B family day care home.
(T) A foster caregiver shall obtain an
inspection by a state certified fire safety inspector or the state fire
marshal's office certifying that the family
foster home is free from conditions hazardous to the safety of foster children.
The inspection/certification must have occurred within six months prior to the
initial recommendation for certification of the family
foster home by the agency or within ninety days of any change of address of the family
foster home.
(U) If the foster caregiver(s) is unable to
obtain an inspection as required by paragraph (N)
(T) of this rule due to the unavailability of a state certified fire
safety inspector or the state fire marshal's office they shall so notify the
agency.
(V) A foster caregiver shall complete all orientation
PREPLACEMENT and CONTINUING training as required by rule 5101:2-5-33 of the
Administrative Code and any additional hours of training required by the
recommending agency's written training plan.
(W) A foster caregiver or applicant shall comply
with all agency policies or instructions.
APPENDIX A - AMENDED
OFFENSES LISTED IN PARAGRAPH
PARAGRAPHS (J) (1)
AND (P) OF RULE 5101:2-7-02 OF THE ADMINISTRATIVE CODE
HOMICIDE
1. R.C. 2903.01 -- Aggravated murder
2. R.C. 2903.02 -- Murder
3. R.C. 2903.03 -- Voluntary manslaughter
4. R.C. 2903.04 -- Involuntary manslaughter
ASSAULT
5. R.C. 2903.11 -- Felonious assault
6. R.C. 2903.12 -- Aggravated assault
7. R.C. 2903.13 -- Assault
8. R.C. 2903.16 -- Failing to provide for a
functionally impaired person
MENACING
9. R.C. 2903.21 -- Aggravated menacing
PATIENT ABUSE AND NEGLECT
10. R.C. 2903.34 -- Patient abuse; neglect
KIDNAPING AND RELATED OFFENSES
11. R.C. 2905.01 -- Kidnaping
12. R.C. 2905.02 -- Abduction
13. R.C. 2905.04 --Child stealing (as this law
existed prior to July 1, 1996)
14. R.C. 2905.05 -- Criminal child enticement
SEX OFFENSES
15. R.C. 2907.02 -- Rape
16. R.C. 2907.03 -- Sexual battery
17. R.C. 2907.04 -- Corruption of a minor
18. R.C. 2907.05 -- Gross sexual imposition
19. R.C. 2907.06 -- Sexual imposition
20. R.C. 2907.07 -- Importuning
21. R.C. 2907.08 -- Voyeurism
22. R.C. 2907.09 -- Public indecency
23. R.C. 2907.12 -- Felonious sexual penetration
(as this former section of law existed)
24. R.C. 2907.21 -- Compelling prostitution
25. R.C. 2907.22 -- Promoting prostitution
26. R.C. 2907.23 -- Procuring
27. R.C. 2907.25 --Prostitution
28. R.C. 2907.31- Disseminating matter harmful
to juveniles
29. R.C. 2907.32 --Pandering obscenity
30. R.C. 2907.321 --Pandering obscenity
involving a minor
31. R.C. 2907.322 --Pandering sexually oriented
matter involving a minor
32. R.C. 2907.323-- Illegal use of a minor in
nudity-oriented material or performance
ARSON
33. R.C. 2909.02 - AGGRAVATED
ARSON
34. R.C. 2909.03 - ARSON
ROBBERY AND BURGLARY
3335.
R.C. 2911.01 -- Aggravated robbery
3436.
R.C. 2911.02 -- Robbery
3537.
R.C. 2911.11 -- Aggravated burglary
3638.
R.C. 2911.12 -- Burglary
OFFENSES AGAINST THE FAMILY
3739.
R.C. 2919.12 -- Unlawful abortion
3840.
R.C. 2919.22 -- Endangering children
3941.
R.C. 2919.23 -- Interference with custody (that would have been a
violation of R.C. 2905.04 as it existed prior to July 1, 1996 if the violation
had been committed prior to that date)
4042.
R.C. 2919.24 -- Contributing to unruliness or delinquency of a child
4143.
R.C. 2919.25 -- Domestic violence
WEAPONS CONTROL
4244.
R.C. 2923.12--Carrying a concealed weapon
4345.
R.C. 2923.13--Having a weapon while under disability
4446.
R.C. 2923.161--Improperly discharging a firearm at or into a habitation or
school
DRUG OFFENSES
4547.
R.C. 2925.02 -- Corrupting another with drugs
4648.
R.C. 2925.03 -- Trafficking in drugs
4749.
R.C. 2925.04 -- Illegal manufacture of drugs or cultivation of marihuana
4850.
R.C. 2925.05 -- Funding of drug or marihuana trafficking
4951.
R.C. 2925.06 -- Illegal administration or distribution of anabolic
steroids
5052.
R.C. 2925.11 -- Possession of drugs or marihuana that is not a minor drug
possession offense
OTHER
5153.
R.C. 3716.11 -- Placing harmful objects in food or confection
Effective Date: 1/103
Review Dates: 7/1/2005
Certification: Thomas J. Hayes
Date 10/31/02
Promulgated Under: Revised Code Chapter 119.
Statutory Authority: Revised Code Sections 2151.86, 5103.03, 5103.0319.
Rule Amplifies: Revised Code Sections 2151.86, 5103.02, 5103.03, 5103.0319.
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 7/1/00.