(A) A public children services agency (PCSA),
private
child placing agency (PCPA) or private noncustodial agency (PNA) acting
as a representative of the
Ohio department of job
and family services (ODJFS) shall
Ohio
department of children and youth (DCY) is to:
(1) Inform all individuals applying for an
initial foster home certificate they can also be considered for adoption
homestudy approval.
(2) Conduct a
joint homestudy pursuant to the requirements contained in Chapters 5101:2-5,
5101:2-7 and 5101:2-48 of the Administrative Code resulting in the simultaneous
approval of the applicant for:
(a) Foster
care placement.
(b) Adoption
homestudy approval.
(3)
If the PCPA or PNA is not certified to recommend foster homes for certification
and place or participate in the placement of children for adoption, then the
agency must
is
to inform the individuals that a joint homestudy could be conducted
simultaneously by another agency that is certified for both
functions.
(B) The PCSA,
PCPA, PNA, or court
shall
is to ensure that employees or persons under contract
with the agency to perform assessor duties comply with the following
requirements
.
:
(1) The assessor
definition in rule
5101:2-1-01 of the
Administrative Code.
(3) Section
3107.014 of the Revised
Code.
(C) To avoid a
conflict of interest, or the appearance of any conflict of interest, an
assessor
shall
is
to not perform any assessor duties for any of the following persons:
(1) Him or her self.
(2) Any person who is a relative of the
assessor.
(3) Any agency employee
for whom the assessor has any supervisory responsibility.
(4) Any agency employee who has any
supervisory responsibility for the assessor.
(D) To avoid a conflict of interest, or the
appearance of any conflict of interest:
(1)
The agency administrator and a relative of the agency administrator
shall
is not
to be certified as a foster caregiver by the
agency with which the administrator is employed.
(2) A member of the agency's governing body
and a person known to the agency as a relative of the agency's governing body
shall
is to
not be certified as a foster caregiver by the agency with which the member is
associated.
(3) Foster care
inquiries from anyone mentioned in this paragraph wishing to be certified
foster caregivers shall
are to be referred to another recommending agency
with no
without such an
appearance of a conflict of interest.
(4) An existing foster home certificate of
any person referred to in paragraph (D) of this rule shall
is to be
transferred to another recommending agency except the foster caregiver may
maintain the certificate and continue to provide care for any currently placed
foster children placed in the home prior to January 1, 2008. This foster
caregiver shall
is
to not accept any additional placements of foster children and shall
transfer to another recommending agency within sixty days of the date the
current foster children are no longer placed in the home.
(5) If the agency becomes aware a certified
foster caregiver of the agency is a relative of the administrator or a relative
of the agency's governing body, it shall
is to initiate a
transfer of the foster caregiver's certificate. The transfer
shall
is to be
completed within sixty days of the discovery.
(E) A PCSA, PCPA or PNA may selectively
recruit on the basis of the need for foster homes for specific types of
children as specified in the agency's recruitment plan
as required by
outlined in rule
5101:2-5-13 of the
Administrative Code.
(1) The agency
shall
is not
to consider the age, gender, sexual identity,
sexual orientation, religion, or marital status of a family for whom the agency
is conducting a homestudy in determining whether to recommend the applicant be
certified as a foster caregiver or whether to place a child with the foster
caregiver.
(2) The agency
shall
is not
to consider the age, gender, sexual identity,
sexual orientation, or religion of a child that may be placed with the foster
caregiver in determining whether the applicant be certified as a foster
caregiver or whether to place a child with the foster caregiver.
(3) The agency
shall
is not
to discriminate in recommending an applicant for
certification on the basis of disability in violation of Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C.
794 (7/2014) and of
Title II of the Americans with Disabilities Act of 1990,
42 U.S.C.,
1201 (8/1981).
(F) The agency
shall
is not
to consider the race, color or national origin of
a foster caregiver applicant to determine whether the applicant be certified as
a foster caregiver or whether to place a
child with the foster caregiver.
(1) As prohibited by the Multiethnic
Placement Act, 42 U.S.C.
1996(b) (1996) (MEPA),
agencies may not deny any person the opportunity to become a foster caregiver
on the basis of race, color, or national origin of the person, or of any foster
child or children involved.
(2) The
agency shall
is not to consider the
race, color or national origin of a child that may be placed with the foster
caregiver in determining whether the applicant be certified as a foster
caregiver or whether to place a child with the foster caregiver.
(3) The agency may consider a
child's race,
color or national origin only in those cases it is determined acceptable
pursuant to rule
5101:2-42-18.1 of the
Administrative Code.
(G)
Upon request, the agency shall provide a JFS 01691
"Application for Child Placement"
A foster care
applicant is to apply to be a caregiver with an agency through the Ohio
comprehensive child welfare information system (Ohio CCWIS). This process is
available to any person who is eighteen years of age, is a legal resident
of the United States, resides in the state of Ohio and meets the specifications
of the agency's recruitment plan pursuant to rule
5101:2-5-13 of the
Administrative Code.
If an applicant requests a JFS
01691 "Application for Child Placement," the agency may provide the applicant
with a copy. The agency
shall
is to also provide, free of charge to an inquirer, a
copy of Chapters 5101:2-5 and 5101:2-7 of the Administrative Code, or inform
the inquirer how to access the rules electronically.
(1) If the person does not reside in the
state of Ohio, an application for foster care shall
is not
to be considered until the person has established
Ohio residency.
(2) If a person
requests an application for
child placement and an agency has reason to believe
the person is not a legal resident of the United States, the agency
shall
is to
request the person to provide a copy of the person's immigration document(s)
issued by the bureau of immigration and customs enforcement of the U.S.
department of homeland security allowing the person to reside in the United
States. If the immigration document(s) provided by the applicant shows the
person is a conditional permanent resident of the United States or is not a
permanent United States resident, the application
shall
is not
to be considered for foster care unless the
applicant is being considered for placement of a specific
child and the person
is "kin" to the
child as defined in rule
5101:2-1-01 of the
Administrative Code.
(3) For the
purpose of this rule, "legal resident of the United States" means a person who
is a native-born or naturalized citizen of the United States or a person who
presents credible evidence from the bureau of immigration and customs
enforcement of the U.S. department of homeland security that the person is a
permanent resident of the United States.
(4)
If a foster care
application is inactive in Ohio CCWIS for twelve months from the date of
submission, the application may be invalidated as determined by the
recommending agency. To be considered for certification, the applicant is to
re-apply after an application has been invalidated.
(5)
If an individual
has been inactive in Ohio CCWIS for one hundred twenty days, the individual is
to re-register to enter the system.
(H) The agency
shall
is to use the
JFS 01691
or Ohio CCWIS for all initial foster
home applications.
(1) The agency
shall
is not
to accept an incomplete
JFS 01691
application. An individual who submits an incomplete
application will not have an opportunity for a hearing pursuant to Chapter 119.
of the Revised Code.
(2) The agency
shall
is not
to begin the homestudy assessment process prior
to the receipt of a fully completed JFS
01691
application signed by the
applicant(s).
(3) If an adoptive
applicant decides during the homestudy process to also become a certified
foster caregiver, the homestudy documentation and training completed up to that
point may be utilized as long as the documentation or training has not expired
upon completion of the homestudy. Applicants shall
are not
to be required to duplicate documentation as a
result of a new application date.
(4) Applications found to contain inaccurate
or wrong information
shall
are to be denied pursuant to rule
5101:2-5-26 of the
Administrative Code.
(5) The agency
shall
is to
require
ensure
an application be made in the full name of each adult member of a couple
residing in the home, a single person, or each co-parent residing in the
home.
(6) The agency
shall
is not
to accept more than one application per household
and shall not recommend certification of more than one foster home per
household.
(I) The
agency
shall
is
to commence the homestudy assessment within thirty days after the date
the agency receives a fully completed
JFS
01691 signed
application
by the foster care applicants.
(1) Commencement of a homestudy means, at a
minimum, scheduling an appointment to interview the applicant or assuring the
applicant is informed of the necessary materials required
needed for
the assessor to complete the homestudy.
(2) An agency failing to commence a homestudy
within thirty days after receiving the application shall
is to document
on the JFS 01673 "Assessment for Child Placement" the reason(s) the agency is
unable to meet this requirement.
(J) The agency shall
is to complete
the homestudy within one hundred eighty days after the date the agency received
the completed application. An agency failing to complete a homestudy within one
hundred eighty days shall
is to document on the JFS 01673 the reason(s) the
agency is unable to meet this requirement.
(K) The following is
required
necessary for the homestudy:
(1) An assessor shall
is to conduct an
in home, face to face interview with all members of the household based on his
or her age and development. The interview with all members of the household may
be a joint interview or separate individual interviews.
(2) The agency
shall
is to conduct
criminal records checks for all persons subject to a criminal records check
pursuant to
rules
rule 5101:2-5-09.1
and
5101:2-7-02 of the Administrative Code.
(a) The required criminal records checks
must
are to
be completed and the results received by the agency prior to the agency
recommending an applicant for certification.
(b) Except as provided in
paragraph (J)
appendix C of rule 5101:2-7-02
5101:2-5-09.1 of the Administrative Code, an agency
shall
is not
to recommend a person be certified as a foster
caregiver if the person or any adult member of the applicant's household has
been convicted of any crime listed in appendix A to rule
5101:2-7-02
5101:2-5-09.1 of the Administrative Code.
(3)
The
agency is to conduct all other background checks pursuant to rule
5101:2-5-09.1 of the
Administrative Code prior to recommending an applicant for certification.
(3) If the agency has the ability to
complete the search in the statewide automated child welfare information system
(SACWIS), the agency shall complete an alleged perpetrator search of abuse and
neglect report history through the system for each foster care applicant and
each adult who resides with the applicant. If the agency does not have the
ability to complete the search in SACWIS, the agency shall request a search of
the system from ODJFS for each foster care applicant and each adult who resides
with the applicant.
(a) A report with the results of the
search shall be placed in the foster caregiver record.
(b) This report is used to determine
the suitability of the applicant to provide foster care.
(4) The agency shall request a check
of the child abuse and neglect registry of any other state an applicant or
adult household member has resided in the five years immediately prior to the
date of the criminal records check as required by division (A) of section
2151.86 of the Revised Code.
(5)(4) A physical exam and
a JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All
Household Members" are to be completed by a licensed physician, physician
assistant, clinical nurse specialist, certified nurse practitioner, or
certified nurse-midwife within one year prior to the recommendation for
certification for the applicant. All household members are to complete a JFS
01653.
(a) Any written documentation of a
physical examination shall
is to be completed by the individual conducting the
examination.
(b) The form
shall
is to
document the applicant and all members of the household are free from any
physical, emotional, or mental condition which would endanger children or
seriously impair the ability of the household members to care for a foster
child.
(c) The agency may
require
ask an
applicant or household member to secure and provide to the agency a report of
an additional examination by a licensed physician, psychologist, or other
certified or licensed professional if any of the following apply:
(i) The applicant or any household member has
suffered a serious illness or injury within the past year.
(ii) It is determined to be necessary by the
agency to ensure the safety, health, or care of any foster child who may be
placed in the home of the applicant.
(6)(5)
Immunizations for homes certified after June 1, 2020.
(a) All children who are household members
are to be up to date on immunizations consistent with the recommendations of
the american academy of pediatrics, the advisory committee on immunization
practices of the centers for disease control and prevention, and the american
academy of family physicians, unless the immunization is contrary to the
child's health as documented by a licensed health care professional or for
reasons of conscience, including religious convictions.
(b) All household members in a home caring
for infants and children with special medical needs are to have an annual
influenza vaccine consistent with the recommendations of the advisory committee
on immunization practices (ACIP), unless the immunization is contrary to the
individual's health as documented by a licensed health care professional or for
reasons of conscience, including religious convictions.
(c) All household members in a home caring
for infants are to be up to date on the pertussis vaccine consistent with the
recommendations of the ACIP, unless the immunization is contrary to the
individual's health as documented by a licensed health care professional or for
reasons of conscience, including religious convictions.
(d) Copies of the immunization records are to
be placed in the file of the home.
(7)(6) The applicant
shall
is to
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. To show this,
an applicant
shall
is to provide at a minimum:
(a) A completed JFS 01681 "Applicant
Financial Statement".
(b) Proof of
income for the household for the most recent tax year prior to the date of
application.
(c) Proof of income
for the household for a two month period. The verification of income
shall
is not
to be dated more than six months prior to the
agency's recommendation for certification.
(d) At least one utility bill for each
utility necessary to maintain the household. The bill or bills should not be
dated more than six months prior to the agency's recommendation for
certification.
(8)(7) Prior to
recommending initial certification of a foster home, an agency
shall
is to
require and assure each applicant
successfully completes all preplacement training
required
specified by
rule
5101:2-5-33 of the
Administrative Code.
(a) Only the preplacement
training completed within the eighteen month period immediately prior to the
date the agency recommends the foster home for certification will meet the
training requirement.
(b) Each
foster home recommended for certification shall
is to receive
preplacement training on the Administrative Code rules and the agency's
policies and procedures that are in effect on the date the agency recommends
the home for certification.
(9)(8) References
shall
are to
be received by the agency prior to the date the agency recommends the home for
certification.
(a) The applicant
shall
is to
provide the names and contact information of at least three people who do not
reside with the applicant, so that they may be contacted as references. A
minimum of three personal references shall
are to be
received prior to the date the agency recommends the home for certification. A
minimum of one of the required references is to be from a relative and at least
two references from non-relatives.
(b) The applicant and all adult household
members shall
is
to provide the name of any agency the applicant and any household member
has applied to or had a homestudy approved for foster care or adoption, or any
organization they have worked with in providing care and supervision of
children. The applicant and any adult household members
shall
are to
complete a written and signed release of information statement so any such
reference may be contacted.
(c) The
agency shall
is
to contact all adult children of the applicant for a reference. If the
adult children are unable or unwilling to provide a reference this
shall
is to be
assessed during the homestudy process and documented on the
homestudy.
(d) All contacts with
references listed in this rule are required and
shall
are to be documented in the
narrative section of the homestudy.
(10)(9) The JFS 01200
"Fire Inspection Report for Residential Facilities Certified by ODJFS" or other
form used for a local or state fire inspection certifying the home is free from
conditions hazardous to the safety of children. The report
shall
is not
to be dated more than twelve months prior to the
date the agency recommends the home for certification.
(11)(10)
The JFS 01348 "Safety Audit" completed not more than six months prior to the
date the agency recommends the home for certification and two years after initial certification, documenting
the residence satisfactorily meets all safety standards.
(12)(11)
A foster home shall
is to have a continuous supply of safe drinking water.
Well water used for drinking and cooking shall
is to be tested
and approved by the health department or any entity the
health department recommends, prior to the date the agency recommends the
home for certification and annually thereafter.
(13)(12) Prior to the end
of the assessment process, applicants
shall
are to complete
and sign the JFS 01673-A "
Child Characteristics Checklist for Foster Care
and/or Adoption" indicating the acceptable characteristics and type of
child
the applicant is willing to foster.
(a) The
determination of the specific number, age, and gender of children the foster
home is certified for is the joint decision of the caregiver(s) and the
assessor, based on the caregiver's strengths and needs, and the physical
structure of the residence.
(b) All
placements in a foster home
shall
are to be in compliance with this determination and
with the provisions of rule
5101:2-5-32 of the
Administrative Code.
(c) Upon the
request from an applicant or caregiver, the JFS 1673-A may be updated as often
as needed.
(L) The agency
shall
is to document
in each record that the applicant has been evaluated by an assessor to
determine the applicant's compliance with all homestudy requirements and the
suitability of the applicant to be certified as a foster caregiver considering
all household members and the availability of appropriate accommodations for
any foster
child that may be placed in the home.
(1) In completing the evaluation, a written
narrative shall
is
to be compiled, signed by the assessor, and approved by the supervisor,
indicating approval or denial of the application.
(2) The evaluation shall
is to be a
completed JFS 01673.
(M)
In addition to the requirements of the JFS 01673, the agency may establish a
written policy that applies to all applicants, requiring submission of
additional materials or documents, or participation in additional assessment
activities. The agency shall
is not to recommend an
applicant for certification to ODJFS prior
to the completion of those requirements, in addition to all requirements of
Chapters 5101:2-5 and 5101:2-7 of the Administrative Code that are applicable
to initial certification of the foster home.
(N) The agency
shall
is not
to place a
child or cause a
child to be placed in
a foster home until:
(1) The foster caregiver
completes the preplacement training
required
as specified
by rule
5101:2-5-33 of the
Administrative Code for the type of foster home certification the caregiver is
seeking.
(2) The assessment of the
foster home, including the JFS 01673 and all supporting documentation, is
completed by an assessor who recommends certification of the applicant for
foster care.
(3) The homestudy has
been approved by ODJFS through the
SACWIS
Ohio
CCWIS system.
(4) The
effective date of a foster home certificate issued
by ODJFS.