5101:2-52-08 Interstate placement requirements for Ohio parents, legal guardians, or private entities when placing a child into another state or territory for adoption.

  • Text Box: ACTION: Original Text Box: DATE: 07/31/2015 1:56 PM

     

     

     

    PUBLIC HEARING NOTICE

    OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

     

    DATE:                         September 3, 2015

    TIME:                        10:00 a.m.

    LOCATION:               Room 3110B, Rhodes State Office Tower

    30 East Broad St., Columbus, Ohio 43215

     

    Pursuant  to  sections  3107.101,  3107.12,  5103.03,  5103.23,  5153.16,  5153.166  and

    Chapter 119. of the Ohio Revised Code, the director of the Ohio Department of Job and Family Services gives notice of the department's intent to consider the amendment of the rules identified below and of a public hearing thereon. The rules are proposed for amendment as a result of new federal guidance, because it is within our statutory authority to update our policies.

     

    OAC rule 5101:2-42-65, entitled "Caseworker visits and contacts with children in substitute care" provides guidance to agencies regarding who is to complete caseworker visits, as well as the required frequency and content of those visits. Paragraph (B) is being revised to clarify that a caseworker from the agency who has case management responsibility of the child's case must complete the visit. The paragraph adds that the caseworker assigned to the child's case shall complete a majority of the required monthly visits. Paragraph (C) was revised to allow the PCSA or PCPA to contract out the subsequent visits, if more than one visit per month is required for the case. Paragraph (D) was revised to add that the caseworker must document the caregiver's efforts to promote and allow normalcy for the child in placement by following the reasonable and prudent parent standard. Paragraph (E) was revised to add that visitation for interstate placements must follow the regulations of the interstate compact, and gives the website for where to locate those regulations.

     

    OAC rule 5101:2-48-17, entitled "Assessor visits and contacts with children in adoptive homes prior to finalization" provides guidance to agencies regarding who is to complete assessor visits for children in a prefinalized adoption placement, as well as the required frequency and content of those visits. Paragraph (A) is being revised to clarify that an assessor from the agency who has full responsibility for case planning and case management of the child's case must complete the visits. The paragraph adds that the caseworker assigned to the child's case shall complete a majority of the required monthly visits. Paragraph (B) was revised to allow contracted agencies to complete subsequent visits if more than one visit per month is required for the case. Paragraph (E) was revised to add that visitation for interstate placements must follow the regulations of the interstate compact, and provides the website for where to locate those regulations.

     

    OAC rule 5101:2-52-04, entitled "PCSA responsibilities for the interstate compact on the placement of children" provides guidance to public agencies regarding how to handle  placements  across  state  lines.  Paragraph  (I)  was  revised  to  add  that  the

     

     

     

     

     

     

     

    regulations of the compact must be followed regarding supervision of the case, and provides the website for where to find those regulations.

    OAC rule 5101:2-52-08, entitled "Interstate placement requirements for Ohio parents, legal guardians, or private entities when placing a child into another state or territory for adoption" provides private entities guidance regarding placements that cross state lines. Paragraph (B) was revised to give the specific website for where to find the ICPC regulations. Paragraph (C) was revised to add that the regulations of the compact must be followed regarding supervision of the case, and provides the website for where to locate those regulations.

    Copies of the proposed rules are available, without charge, to any person affected by the rules at the address listed below. The rules are also available on the internet at  http://www.registerofohio.state.oh.us/. A public hearing on the proposed rules will be held at the date, time, and location listed at the top of this notice. Either written or oral testimony will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

    Requests for a copy of the proposed rules or comments on the rules should be submitted by mail to the Ohio Department of Job and Family Services, Office of Legal and Acquisition Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at (614) 752-8298, or by e-mail at rules@jfs.ohio.gov.