(A) Each public children services agency
(PCSA), private child placing agency (PCPA), and private noncustodial agency
(PNA) shall provide a written notice of the procedure for any complaints of
discrimination in the foster care or adoption process that involve race, color
or national origin (RCNO) to all individuals inquiring about or applying to be
a foster caregiver or adoptive parent. Such notice shall be provided within
seven days of the individual's first contact with the agency.
(B) Any individual may file a complaint
alleging a discriminatory act, policy or practice involving RCNO in the foster
care or adoption process of a PCSA, PCPA, PNA or the Ohio department of job and
family services (ODJFS).
Any person, including but not limited to, an employee or former
employee of a PCSA, PCPA, or PNA or a member of a family which has sought to
become a foster caregiver or adoptive parent, may also file a complaint
alleging that he or she was intimidated, threatened, coerced, discriminated
against or otherwise retaliated against in some way by a PCSA, PCPA, PNA or by
ODJFS, due to the individual making a complaint, testifying, assisting, or
participating in any manner in an investigation, proceeding, or hearing in
connection with an allegation that a PCSA, PCPA, PNA or ODJFS engaged in
discriminatory acts, policies, or practices as it applies in the foster care or
adoption process.
(C) The
individual filing a complaint shall use the JFS 02333 "Discrimination
Complaint."
(rev. 1/2015) The complaint
shall be filed within two years from the date of the occurrence of the alleged
discriminatory act; or two years from the date upon which the complainant
learned or should have known of a discriminatory act, policy or practice. The
complaint may be filed with:
(1) Any PCSA,
PCPA or PNA; or,
(2) The ODJFS-
bureau of civil rights (BCR).
(D) When any complaint alleging
discrimination involving RCNO in the foster care or adoption process is
received by:
(1) A PCSA, PCPA or PNA, the
agency shall forward the complaint to ODJFS-BCR within three working days of
date of receipt of the complaint.
(2) ODJFS-BCR, the department shall notify
the PCSA, PCPA, PNA that is the subject of the complaint within three working
days of the receipt of the complaint.
(E) ODJFS-BCR shall conduct an investigation
of the complaint. The PCSA, PCPA or PNA that is the subject of the complaint
shall not initiate, conduct, or run concurrent investigations surrounding the
complaint or take any further action regarding the complainant or the subject
of the complaint until the issuance of the final investigation report by
ODJFS-BCR, unless approved by ODJFS-BCR.
(F) The PCSA, PCPA or PNA that is the subject
of the complaint shall cooperate fully with ODJFS-BCR during the course of the
investigation and shall submit any information requested by ODJFS-BCR not later
than fourteen days from the date of the request, unless otherwise agreed upon.
(G) ODJFS-BCR shall conduct an
investigation that shall include, but is not limited to:
(1) Face-to-face interviews with the
complainant, the respondent and all relevant witnesses.
(2) Issuance of a final investigation report
to the complainant and the PCSA, PCPA or PNA that is the subject of the
complaint. The report shall include the allegations, background information,
analysis, determination and recommendations and shall be issued within one
hundred twenty days of the receipt of the initial complaint.
If unanticipated circumstances require additional time to
complete the investigation or to issue the final report, ODJFS will notify the
complainant and the PCSA, PCPA, or PNA that is the subject of the complaint of
the need for additional time.
(H) Upon completion of the final
investigation report, ODJFS shall determine if any action against a PCSA, PCPA
or PNA is warranted. For noncompliance by a PCSA, ODJFS may take any action
permitted under section
5101.24 of the Revised Code. For
noncompliance by a PCPA or PNA, ODJFS may take action concerning the agency's
certificate pursuant to Chapter 5101:2-5 of the Administrative Code.
(I) No person who has filed a complaint
alleging a discriminatory act, policy or practice involving RCNO in the foster
care or adoption process of a PCSA, PCPA or PNA or who has testified, assisted
or participated in any manner in the investigation of a complaint shall be
intimidated, threatened, coerced, or retaliated against by any employee or
contractor of the PCSA, PCPA, PNA or ODJFS.
(J) Nothing in this rule or in an agency's
policy shall prohibit an individual from filing a complaint with the United
States department of health and human services (HHS), office for civil rights
(OCR) alleging discrimination that involves RCNO in the foster care or adoption
process of a PCSA, PCPA, PNA or ODJFS.
(K) The requirements of rules
5101:2-33-20 and
5101:2-48-24 of the
Administrative Code do not apply to complaints of discrimination in the foster
care or adoption process that involve RCNO.
(L) Each PCSA, PCPA or PNA shall provide a
written notice of the procedures for any complaints of discrimination in the
foster care or adoption process that involve RCNO within thirty days of the
effective date to all foster caregivers certified or in the process of
certification and to all individuals who have approved adoptive homestudies or
who are participating in the adoptive homestudy process on the effective date
of this rule.
