5101:2-48-23. Preservation of adoptive child case record

(A) The public children services agency (PCSA) or private child placing agency (PCPA) which has placed a child for adoption and for whom the adoption has been finalized, shall permanently maintain an adoptive child case record.

(B) An adoptive child case record shall contain all papers and records pertaining to the adoption, including:

(1) A copy of the petition to adopt filed in a probate court.

(2) A copy of the child's original birth certificate.

(3) The JFS 01616 "Social and Medical History" (rev. 6/2009) pursuant to rule 5101:2-48-03 of the Administrative Code.

(4) A copy of the JFS 01699 " Prefinalization Adoption Assessment Report" (rev. 12/2006) pursuant to rule 5101:2-48-17 of the Administrative Code, and a redacted copy of the JFS 01699 pursuant to section 3107.12 of the Revised Code.

(5) A copy of the final decree of adoption or the interlocutory order of adoption.

(6) A copy of the child's lifebook pursuant to rule 5101:2-42-67 of the Administrative Code.

(7) A copy of the JFS 01689 "Documentation of the Placement Decision Making Process" (rev. 7/2012) pursuant to rules 5101:2-48-13 and 5101:2-48-16 of the Administrative Code.

(8) The JFS 01688 "Individualized Child Assessment" (rev. 4/2014) and any reports(s) submitted by the licensed professional associated with the JFS 01688, if applicable pursuant to rule 5101:2-48-13 of the Administrative Code.

(9) A copy of the JFS 01610 "Child's Permanency Planning Data Summary" (rev. 02/2005) pursuant to rule 5101:2-48-16 of the Administrative Code.

(10) A copy of all medical or psychological evaluations, school records or other material documented.

(11) A copy of the JFS 01690 "Documentation of the Pre-adoptive Staffing and Updates" (rev. 2/2014).

(C) The agency shall maintain case records in a consistent and organized manner such that the required information set forth in this rule can be readily located. If the agency maintains any required information set forth in this rule in a location other than the case record, it shall be stated in the agency policy or noted in the case record where the information can be found.

(D) Upon the issuance of a final decree of adoption by a probate court or the finalization of an interlocutory order of adoption, the PCSA or PCPA shall mark the adoptive child case record as confidential and permanently secure such record from release or inspection of any information, except under the following conditions:

(1) Consent is given by the probate court.

(2) The PCSA or PCPA needs to examine its own papers, books, and records pertaining to a placement or adoption for official administrative purposes, including examining the records to obtain non-identifying information.

(E) ODJFS may examine its own papers, books and records pertaining to a placement or adoption of a child and ODJFS may inspect the papers, books and records of a PCSA or PCPA for official administrative, certification and eligibility determination purposes once the adoptive child case records have been secured after a final decree of adoption has been issued or an interlocutory order of adoption has been finalized.

(F) If an agency has maintained any of the original documents outlined in paragraph (B) of this rule, the agency shall return the original documents to the PCSA or PCPA that had permanent custody of the child prior to finalization.

(G) The PCSA, PCPA and PNA shall comply with requirements of section 3107.17 of the Revised Code and paragraph (D) of this rule regarding the release of information pertaining to the adoption.

Effective: 10/1/2015
Five Year Review (FYR) Dates: 05/06/2015 and 10/01/2020
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.166
Rule Amplifies: 3107.17
Prior Effective Dates: 12/30/66, 10/1/86, 7/1/90, 9/1/94, 9/18/96, 2/13/98 (Emer.), 5/14/98, 12/31/98, 4/1/99, 9/1/03, 2/1/05, 12/11/06, 3/1/10