5101:2-48-11.1. Foster caregiver adoption of a foster child or sibling group who has resided with the caregiver for at least six consecutive months

(A) If a foster caregiver expresses the desire to adopt a foster child or sibling group who is and has been residing with the foster caregiver for at least six consecutive months, the public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) shall provide the foster caregiver with a JFS 01692 "Application For Adoption of a Foster Child or Sibling Group" (rev. 12/2014). The JFS 01692 is a child specific application and expires once the foster child or sibling group is adopted as evidenced by a final decree of adoption or interlocutory decree.

(B) A completed JFS 01692, with supporting documentation, serves as a shortened homestudy, replacing the JFS 01691, "Application for Child Placement" (rev. 12/2014) and the JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 12/2014) required by rule 5101:2-48-12 of the Administrative Code.

(C) The assessor shall complete the JFS 01530"Large Family Assessment" (rev.12/2014) prior to the approval of the JFS 01692 if the foster family has a total of five or more children residing in the home, including the foster children and any children in kinship care.

(D) The PCSA, PCPA, or PNA shall inform the foster caregiver consideration is given to the application if the placement is in the best interests of the child pursuant to rule 5101:2-48-16 of the Administrative Code.

(E) If a PCSA, PCPA or PNA determines any statement in a homestudy is falsified, or any document submitted throughout the homestudy process contains a false statement, the agency shall follow the procedures outlined in rule 5101:2-33-13 of the Administrative Code.

(F) The PCSA, PCPA or PNA shall not release a homestudy to any other agency or probate court if it is determined the application, homestudy, or any document submitted through the homestudy process contains a false statement knowingly made by the applicant(s) .

(G) Upon receipt of a JFS 01692 from the foster caregiver, the PCSA, PCPA, or PNA shall review the application with the foster caregiver. An agency shall not require the foster caregiver to undergo a bureau of criminal investigation (BCI) or federal bureau of investigation (FBI) check as a condition of acceptance or approval of the application for adoption of a foster child; however, the agency shall inform the foster caregiver a criminal records check, pursuant to rule 5101:2-48-10 of the Administrative Code, is required before a court issues a final decree of adoption or an interlocutory order of adoption.

(H) If the PCSA, PCPA, or PNA receives a JFS 01692 from the foster caregiver, it shall provide the foster caregiver with both of the following:

(1) Information about the requirement for adoption training as outlined in rule 5101:2-48-09 of the Administrative Code.

(2) Information about the application process and eligibility requirements of Title IV-E adoption assistance, state adoption maintenance, post adoption special services subsidy, and non-recurring adoption expenses.

(I) Prior to the approval of the adoption homestudy, the PCSA, PCPA or PNA shall document in the case file the foster caregiver has fulfilled the required adoption training as outlined in rule 5101:2-48-09 of the Administrative Code.

(J) In addition to the completion of the JFS 01692, the agency shall review the following information to determine the appropriateness of the foster caregiver for adoptive placement:

(1) The homestudy and all subsequent updates.

(2) The JFS 01530, if applicable.

(3) The most recent JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009) .

(4) The most recent BCI and FBI reports for all adult household members.

(5) The most recent reports of the alleged perpetrator search of child abuse and neglect information from the statewide automated child welfare information system (SACWIS) for all adult household members.

(6) Documentation from the foster home record including but not limited to the most recent training records, fire inspection reports, safety audits, foster home exit interviews, and copies of all complaint or rule violation investigations and any applicable corrective action plans. If there are any outstanding complaints or rule noncompliance investigations, or corrective action plans that have not been fully implemented, the sending agency, if different, shall notify the agency completing the adoption approval of the nature of the investigations or corrective action plans.

(7) Case record information documented by the placement worker's visits to the foster home regarding the ability of the foster parent to meet the needs of the child(ren) to be adopted.

(K) The assessor shall review the information listed in paragraph (J) of this rule, as well as the completed JFS 01692 and arrive at one of the following recommendations:

(1) Approve the applicant(s) as a prospective adoptive parent for the child(ren) residing in the applicant's home for at least six consecutive months.

(2) Deny the application.

(L) The assessor shall provide written notification to the applicant(s) of approval or denial of the adoption homestudy within ten days after the homestudy has been approved or denied.

(1) Adoption homestudy approval notification shall include, at a minimum, the following information:

(a) Date of approval of the JFS 01692.

(b) The name of the child or children for whom the homestudy is being approved.

(2) Adoption homestudy denial shall include, at a minimum, the following information:

(a) A detailed explanation of the reasons for the denial.

(b) A description of procedures for an agency review pursuant to rule 5101:2-48-24 of the Administrative Code.

(M) The JFS 01692 shall only be used in consideration of the adoptive placement for the child(ren) for whom the homestudy was conducted. A separate JFS 01692 or JFS 01673 , as applicable, shall be used for any other child(ren) the family is considering adopting. Once approved, the adoption homestudy shall be amended pursuant to rule 5101:2-48-12.2 of the Administrative Code, as needed.

(N) Upon approval of the foster caregiver for the adoptive placement, the agency shall follow the adoptive placement procedures as outlined in rule 5101:2-48-16 of the Administrative Code including, but not limited to, conducting a matching conference.

Effective: 11/1/2015
Five Year Review (FYR) Dates: 06/25/2015 and 11/01/2020
Promulgated Under: 119.03
Statutory Authority: 3107.032, 3107.033, 5153.166
Rule Amplifies: 2151.86, 3107.011, 3107.031, 3107.032, 3107.033, 3107.034
Prior Effective Dates: 2/15/02, 9/1/03, 2/1/05, 12/11/06, 9/9/08, 7/1/09, 3/1/10