5101:2-48-05 Agency adoption policy and recruitment plan.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Division of Social Services                                  Michael Lynch

Division                                                                  Contact

 

OFC- 4200 E. 5th Ave., 2nd fl. J6-02 P.O. Box 183204 Columbus OH 43218-3204

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

5101:2-48-05

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Agency adoption and recruitment plan.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3107.032, 5153.166

5.  Statute(s) the rule, as filed, amplifies or implements: 3107.031, 3107.032

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being revised to comply with the five year rule process pursuant to RC 119.032, in addition to policy updates resulting from MCWIC/PFOF revisions and recommendations.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

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then summarize the content of the rule:

Changes made include: the rewording of paragraph (B)(8) that states: "A requirement that the custodial PCSA or PCPA for the adoptable child hold the initial matching conference within ninety days of the execution of the permanent surrender or the file stamp date of the permanent custody order, unless the order is under appeal as outlined in rule 5101:2-48-16 of the Administrative Code."

For clarification, the sentence in paragraph (9)(a) "The agency shall give preference to this family in the placement selection." was deleted.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule incorporates one or more references to the Ohio Revised Code. This question is not applicable to any incorporation by reference to the Ohio Revised Code because such reference is exempt from compliance with RC121.7 to 121.74 pursuant to RC 121.76(A)(1).

This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) in accordance with RC 121.75(E).

This rule incorporates one or more references to another rule or rules of the Ohio Administrative Code. This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(3).

This rule incorporates one or more dated references to a federal act or acts. This question is not applicable to any dated incorporation by reference to a federal act because such reference is exempt from compliance with RC 121.71 to 121.74 in accordance with RC 121.75(C).

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not Applicable.

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10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

Uploaded the BIA to ERF. 5/14/14

Changed the effective date from 1/2014 to 2/2014.

12. 119.032 Rule Review Date: 4/24/2014

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

No impact on current budget.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

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15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

No new costs.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

PCPA's require a license to engage in business.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

The penalty for failure to comply with this rule results in a loss of licensure.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

This rule requires expenditures for criminal records check requirement and costs to fill out forms.

                                                                                                                                             

Ohio Department Of Job and Family Services

DOCUMENTATION OF THE PRE-ADOPTIVE STAFFING AND UPDATES

The JFS 01690 is to be completed at the Pre-adoptive Staffing and 14 days prior to each of the required 90 day matching conferences. A separate JFS 01690 shall be completed for each child being considered for matching with a family.

Child's Name		Child's Birth Date		Date of PC
Initial Pre-adoptive Staffing	Update/Review			Date Review Form Completed
Name of person completing this form			Title
Agency			Telephone Number
Does the child have siblings who should be considered in the placement discussion? NA                No                      Yes                  Specify Number of Siblings including child

JFS 01690 (2/2014)                                                                                                                                                                                                                         Page 1 of 3

Pre-adoptive Staffing Signature Page

(This page will only be completed at the pre-adoptive staffing).

Name of Individuals Invited	Agency/Organization and Role	Signature (of those attending)

JFS 01690 (2/2014)                                                                                                                                                                                          Page 2 of 3

Pre-adoptive Staffing or Update Distribution Page

Name of Individuals Sent the JFS 01690	Agency/Organization and Role

Supervisor's Signature    (Supervisor of Caseworker who completed this form)

Date             

JFS 01690 (2/2014)                                                                                                                                                                                          Page 3 of 3

                                                                                                                                             

Ohio Department of Job and Family Services

ADOPTIVE PLACEMENT AGREEMENT

I/we,                                                               , prospective adoptive parent(s) of                                                                       

(Child's Name)

born                                   , understand that                                                                 is accepting my home

(Date of Birth)

(Custodial Agency)

as the adoptive placement of the child. I/we further understand that, until the adoption is finalized through court

action,                                                                                                  shall hold permanent custody of the child and

(Custodial

Agency)

                                                 shall supervise the placement of the child including at least monthly contacts with (Supervising Agency)

the child and our family. The date of the adoptive placement is                                                .              

approved by the custodial agency to be in the best interest of the child.

Such placement has been

Prior to adoption legalization, as the adoptive parent, I/we agree to:

1     Provide day-to-day care of the child and any additional care necessary to meet the special needs of the child.

2.                      Assume financial responsibility for the child's care with additional financial assistance to be provided by the agency as follows:

3.                    Notify the supervising agency within twenty-four (24) hours of any change in my address or telephone number or any serious illness or injury of the child. The agency emergency telephone number to which such changes must be reported is:                      

4.                      Enter into no other foster care or adoptive agreement prior to the adoption finalization of this child without written consent of the custodial agency.

5.                    Notify the supervising agency if I/we plan to take the child outside the state of Ohio for a period of five days or more.

6.                    I/we understand that if I/we am currently receiving foster care payments, they may continue until subsidy payments start or until an adoption decree is issued, whichever comes first.*

*

Prior to finalization, adoptive parents have a right to apply for federal and state subsidies. Contact your supervising

agency for more information.

Adoptive Parent	Date	Custodial Agency Representative	Date
Adoptive Parent	Date	Supervising Agency Representative	Date

COMPLETION OF THIS FORM IS REQUIRED FOR EACH CHILD PLACED FOR ADOPTION.

JFS 01654 (Rev.2 /2014)