5101:2-48-19 Sharing and transferring adoptive homestudies.
PLEASE NOTE: RULE BEING REVIEWED FOR THE PURPOSE OF ALIGNING THE FOSTER CARE AND ADOPTION RULES.
(A) A public children services agency (PCSA) or private child placing agency (PCPA) shall only consider approved homestudies forwarded by a PCSA, PCPA, private non-custodial agency (PNA) or comparable agency of another state. The PCSA or PCPA shall not require any additional documentation for the homestudy beyond the requirements of Chapter 5101:2-48 of the Administrative Code.
(B) The following definitions apply for the purposes of this rule:
(1) "Sharing an adoptive homestudy" means forwarding an approved adoptive homestudy to a PCSA or PCPA for consideration of potential adoptive matches.
(2) "Transferring an adoptive homestudy" means releasing the approved homestudy and all related materials to another PCSA, PCPA or PNA. Upon acceptance of the receiving agency and the execution of the JFS 01334, "Recommendation for Transfer of a Foster or Adoptive Home" (rev. 6/2009) the sending agency is relieved of all responsibilities related to the approved adoptive family.
(C) A PCSA or PCPA shall not solicit homestudies or transfers from other PCSAs, PCPAs or PNA for the purpose of locating a family of a specific race, color or national origin.
(D) If the approved adoptive family signed an authorization for release of information, the PCSA, PCPA or PNA shall make the homestudy available to any other agency requesting a copy of the homestudy for sharing or transferring.
(E) The PCSA, PCPA, or PNA shall release the homestudy and related materials, including the JFS 01530 "Multiple Children/Large Family Assessment" (rev.12/2006) within fifteen days after the request is made as long as the requirements outlined in paragraph (L) od this rule are met.
(F) The PCSA, PCPA, or PNA shall not release or accept a homestudy for sharing or transferring purposes if it is determined an application or homestudy contains a false statement knowingly made by the applicant(s) and is included in the written report of the homestudy. If a PCSA, PCPA, or PNA determines a homestudy is falsified, the PCSA, PCPA, or PNA shall follow the procedures outlined in rule 5101:2-33-13 of the Administrative Code.
(G) The receiving agency shall not approve the transfer request until the following information is received and approved by the agency.
(1) Three new personal references from three persons unrelated to the prospective adoptive parent and do not live with the prospective adoptive parent.
(2) A new criminal records check is obtained, reviewed and approved by the assessor for all persons subject to a criminal records check residing in the home.
(3) A new safety audit of the adoptive home is conducted to verify the home meets all current safety requirements.
(4) Documentation of the assessor's decision to recommend approval of the transfer request. The prospective adoptive parent and the sending agency are sent a written notice of the receiving agency's decision within five working days of the decision.
(H) If a PCSA, PCPA, or PNA released a homestudy and the agency in receipt of the homestudy determines the homestudy contains a knowingly false statement, the agency in receipt of the homestudy shall not consider the homestudy in the matching process and shall notify the sending agency in writing of the false statement within three days of determination of the false statement.
(I) If an incomplete homestudy is received from an agency, the receiving agency shall notify the sending agency in writing within ten days from the date of receipt of the incomplete homestudy.
(1) The written notification shall indicate the information needed in order for the homestudy to be considered complete as required by Chapter 5101:2-48 of the Administrative Code.
(2) The sending agency shall respond within fifteen days from the date of receipt of the written notification from the receiving agency.
(J) Upon acceptance of the transfer of an adoption homestudy, the JFS 01334 shall be completed and signed by both the sending and receiving agencies.
(K) Homestudies from other agencies shall be regularly considered for potential adoption matches pursuant to rule 5101:2-48-16 of the Administrative Code.
(L) The PCSA, PCPA, or PNA may charge reasonable fees for the release of the homestudy and related materials. A PCSA shall not charge any other PCSA a fee for the release of the homestudy and related materials.
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 5153.166 , 3107.033
Rule Amplifies: 3107.031 , 3107.083 , 3107.10 , 5153.16
Prior Effective Dates: 7/1/90, 9/1/94, 2/13/98 (Emer.), 5/14/98, 7/1/03, 2/1/05, 12/11/06