NOTE: This rule is being reviewed for 14 days for the purpose of a five year review.
(A) Each public children services agency (PCSA), private child placing agency (PCPA) and private noncustodial agency (PNA) shall develop and implement written procedures to review complaints from adoptive applicants, prospective adoptive families and adoptive families.
(B) The agency review shall occur within thirty days of the receipt of a request for an agency review and shall include a face-to-face meeting with the adoptive applicant, prospective adoptive families and adoptive families requesting an agency review, the adoptive family caseworker and the administrator of the PCSA, PCPA or PNA or his designee.
(C) A written decision, including the reason for the decision, shall be rendered by the administrator of the PCSA, PCPA or PNA or his designee. The decision shall be based upon the evidence presented at the review. A copy of the decision shall be provided to all parties to the agency review within fifteen days of the review.
(D) All documentation related to notification regarding rights to an agency review and written decisions of the agency review required by this rule shall be maintained in the child and family case record.
(E) When an approved adoptive family requests an agency review because the family believes an adoptive placement was denied or will be denied solely on the basis of geographic location, the PCSA or PCPA shall provide the family with notices and copies of all materials related to requesting a state hearing.
(F) For complaints involving alleged discriminatory acts, policies, or practices pertaining to the foster care and adoption process that involve race, color or national origin, the procedures contained in rule 5101:2-33-03 of the Administrative Code supercede the requirements ofthis rule.
(G) Each PCSA, PCPA and PNA shall follow procedures as outlined in rule 5101:2-33-13 of the Administrative Code when an agency determines there may knowingly be falsification on an adoptive application or homestudy.
R.C. 119.032 review dates: 10/13/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 3107.031 , 5103.03
Prior Effective Dates: 7/1/90, 9/1/94, 2/13/98 (Emer.), 5/14/98, 12/31/98 (Emer.), 4/1/99, 9/1/03, 2/1/05, 12/11/06