(A) A foster caregiver or applicant
shall
is to be
at least eighteen years of age at the time of initial certification.
(B) A foster caregiver or applicant
shall
is to
have functional literacy to be able to read and write at the level necessary to
participate effectively in the community in which they live. A foster caregiver
or applicant is to be able to communicate with:
(1) Any child placed in the home.
(2) The recommending agency.
(3) Health care providers.
(4) Other service providers working with the
family or children.
(C)
A foster caregiver or applicant may be a legally married couple, a single
person or coparent(s).
(D) A foster
caregiver or applicant
shall
is to have an income sufficient to meet the basic
needs of the household and to make timely payment of shelter costs, utility
bills, and other debts. To show the household has an income sufficient to meet
the basic needs of the household and makes timely payment of shelter costs,
utility bills, and other debts, a foster caregiver or applicant
shall
is to
provide at a minimum:
(1) For a foster care
applicant:
(a) A completed JFS 01681
"Applicant Financial Statement".
(b) Proof of income for the household for the
most recent tax year prior to the date of application.
(c) Proof of income for the household for a
two month period. The verification of income shall
is to not be
dated more than six months prior to the agency's recommendation for initial
certification.
(d) At least one
utility bill for each utility necessary to maintain the household. The bill or
bills shall
is
to not be dated more than six months prior to the agency's recommendation
for initial certification.
(2) For a certified foster caregiver a
completed JFS 01681 if there are any substantial changes to a caregiver's
financial situation.
(E)
A foster caregiver or applicant and all members of the foster caregiver's or
applicant's household shall
is to be free of
any physical, emotional, or mental condition which would endanger a child or
seriously impair the ability of the foster caregiver or applicant to care for a
foster child.
(F) An applicant
shall
is to
have a physical exam and a JFS 01653 "Medical Statement for Foster
Care/Adoptive Applicant and All Household Members" completed by a licensed
physician, physician assistant, clinical nurse specialist, certified nurse
practitioner, or certified nurse-midwife within one year prior to the agency's
initial recommendation for certification. Any additional written documentation
of the physical examination shall
is to be completed by the individual who conducted the
examination. All household members are to complete a JFS 01653.
(G) An applicant or household member may be
required to secure and provide a report in addition to the JFS 01653 of an
examination of any member of the household by a licensed physician,
psychologist, or other certified or licensed professional if either of the
following are applicable:
(1) An applicant or
any person residing within the household has suffered a serious illness or
injury within the past year.
(2)
The recommending agency determines it to be necessary to ensure the safety,
health, or care of any foster child who may be placed in the home.
(H) Homes certified prior to June
1, 2020 do not have to comply with immunization requirements.
(I) Immunizations for homes certified on or
after June 1, 2020.
(1) All children who are
household members are to be up to date on immunizations consistent with the
recommendations of the american academy of pediatrics, the advisory committee
on immunization practices of the centers for disease control and prevention,
and the american academy of family physicians unless the immunization is
contrary to the child's health as documented by a licensed health care
professional or for reasons of conscience, including religious
convictions.
(2) All household
members in a home caring for infants and children with special medical needs
are to have an annual influenza vaccine consistent with the recommendations of
the advisory committee on immunization practices (ACIP) unless the immunization
is contrary to the individual's health as documented by a licensed health care
professional or for reasons of conscience, including religious
convictions.
(3) All household
members in a home caring for infants are to be up to date on the pertussis
vaccine unless the immunization is contrary to the individual's health as
documented by a licensed health care professional or for reasons of conscience,
including religious convictions.
(4) Copies of the immunization records are to
be placed in the file of the home.
(J)
A foster care
applicant and a foster caregiver is to meet the criteria for background and
criminal checks pursuant to rule
5101:2-5-09.1 of the
Administrative Code.
(J) The applicant or foster
caregiver is to refer to appendix A to this rule to view a list and the status
of the disqualifying crimes for each applicant, caregiver and adult household
member.
(K) Rehabilitative criteria for
foster care applicants, foster caregivers and all other adult household
members. Unless specifically disqualified in appendix A to this rule, no person
who has been convicted of or pleaded guilty to an offense listed in appendix A
to this rule shall be certified as a foster caregiver or be an adult resident
of the foster caregiver's household unless the recommending agency finds and
documents that person has met all of the following conditions:
(1) The victim of the offense was
not a person under the age of eighteen.
(2) The person's certification as a
foster caregiver or the person's residency in the foster caregiver's household
will not jeopardize in any way the health, safety or welfare of the children
the agency serves. The following factors shall be considered in determining the
person's certification as a foster caregiver or the person's residency in the
foster caregiver's household.
(a) The person's age at the time of
the offense.
(b) The nature and seriousness of
the offense.
(c) The circumstances under which
the offense was committed.
(d) The degree of participation of
the person involved in the offense.
(e) The time elapsed since the
person was fully discharged from imprisonment or probation.
(f) The likelihood that the
circumstance leading to the offense will recur.
(g) Whether the person is a repeat
offender.
(h) The person's employment
record.
(i) The person's efforts at
rehabilitation and the results of those efforts.
(j) Whether any criminal proceedings
are pending against the person.
(k) Whether the person has been
convicted of or pleaded guilty to a felony contained in the Revised Code that
is not listed in appendix A to this rule, if the felony bears a direct and
substantial relationship to being a foster caregiver or adult member of the
caregiver's household.
(l) The victim of the offense
was:
(i) A functionally impaired person
as defined in section 2903.10 of the Revised Code.
(ii) A developmentally disabled
person as defined in section 5123.01 of the Revised Code.
(iii) A person with a mental illness
as defined in section 5122.01 of the Revised Code.
(iv) A person sixty years of age or
older.
(m) Any other factors the agency
considers relevant.
(L) The applicant or foster
caregiver shall provide verification to the recommending agency that the
conditions specified in paragraph (K) of this rule are met for that person and
for all adult members of the household. If the applicant or foster caregiver
fails to provide such proof or if the agency determines that the proof offered
by the person is inconclusive or insufficient, the applicant shall be denied
certification and a foster caregiver's certificate shall be recommended for
denial or revocation pursuant to rule 5101:2-5-26 of the Administrative
Code.
(M) In accordance with rule
5101:2-5-09.1 of the Administrative Code, a criminal records check shall be
requested:
(1) For the foster care applicant
and each adult who resides with the foster care applicant in accordance with
paragraph (K) of this rule. The results shall be reviewed prior to the agency's
recommendation for certification to ODJFS.
(2) For a certified foster caregiver
and each adult who resides with the foster caregiver every four years prior to
the upcoming recertification of the caregiver.
(N)(K)
Prior to certification or recertification, the
foster care applicant or foster caregiver subject to a criminal records check
shall
A foster care applicant is to
notify the recommending agency of the revocation of any foster home license,
certificate, or other similar authorization in another state occurring within
the five years prior to the date of application to become a foster caregiver in
this state.
(1) The failure of a foster care
applicant or foster caregiver to notify the recommending agency of any
revocation of that type in another state that occurred within that five-year
period shall
is
to be grounds for denial of the person's foster home application or the
revocation of the person's foster home certification, whichever is
applicable.
(2) If a person has had
a revocation in another state within the five years prior to the date of the
application, the Ohio department of job and family services (ODJFS)
shall
is not
to issue a foster home certificate to a
prospective foster caregiver.
(O) The national sex offender
registry is located at https://www.nsopw.gov/. In accordance with rule
5101:2-5-09.1 of the Administrative Code, a national sex offender registry
check is to be completed:
(1) For the foster care applicant
and each adult who resides with the foster care applicant. The results are to
be reviewed prior to the agency's recommendation for certification to ODJFS.
The application may be denied based solely on the results of the
search.
(2) For a certified foster caregiver
and each adult who resides with the foster caregiver prior to the upcoming
recertification of the caregiver. The recertification may be denied based
solely on the results of the search.
(P) The provisions of paragraph (J)
of this rule must be considered for any applicant or foster caregiver and any
other person eighteen years of age or older who resides with the applicant or
foster caregiver and who has been convicted of, or pleaded guilty to, one or
more of the offenses listed in appendix A to this rule, even if the person's
record has been sealed by a court pursuant to section 2953.32 of the Revised
Code because the information contained in the sealed record bears a direct and
substantial relationship to the care to be provided to any foster child who may
be placed in the home.
(Q) A conviction of, or plea of
guilty to, an offense listed in appendix A to this rule shall not prevent a
person's certification as a foster caregiver or being an adult household member
of the home if the person has been granted an unconditional pardon for the
offense pursuant to Chapter 2967. of the Revised Code or the conviction or
guilty plea has been set aside pursuant to law. "Unconditional pardon" includes
a conditional pardon with respect to which all conditions have been performed
or transpired.
(R)(L) A foster care
applicant
shall
is
to notify the recommending agency in writing if a person at least twelve
years of age, but less than eighteen years of age, residing with the foster
care applicant has been convicted of or pleaded guilty to any of the offenses
listed in
appendix A to this rule
appendix A to rule
5101:2-5-09.1 of the
Administrative Code, or has been adjudicated to be a delinquent child for
committing an act that if committed by an adult would have constituted such a
violation.
(1) If a foster care applicant
fails to notify the recommending agency, the recommending agency
shall
is to
recommend denial of the foster home application to ODJFS.
(2) ODJFS may deny a foster home application
on the grounds that a person at least twelve years of age but less than
eighteen years of age residing with the foster caregiver or foster care
applicant has been convicted of or pleaded guilty to an offense listed in
appendix A to this rule
appendix A to rule
5101:2-5-09.1 of the
Administrative Code or has been adjudicated to be a delinquent child for
committing an act that if committed by an adult would have constituted such an
offense,. The agency
shall
is to review the
provisions
of paragraph (K) of this rule
rehabilitation
criteria in appendix C to rule
5101:2-5-09.1 of the
Administrative Code considering the age of the delinquent child involved
and the age and sex of children that are or would be placed in the foster
home.
(S)(M) A foster caregiver
shall
is not
to operate a foster home as an adult boarding or
rooming house.
(T)(N) A foster caregiver
shall
is to
obtain written approval from the recommending agency prior to conducting any
business, or allowing any business to operate, including public or private
babysitting services, in a foster home.
(U)(O) A foster caregiver
shall
is not
to provide or allow public or private babysitting
services in a foster home when more than ten children, including foster,
natural or adoptive children are present and under the supervision of the
foster caregiver at any one time. Any foster caregiver that is an approved or
licensed type B family day care home provider shall
is to follow the
requirements for approval or licensure as a type B family day care
home.
(V)(P) A foster caregiver
or applicant shall
is not to apply for
licensure as a type A family day care home.
(W)(Q) A specialized
foster caregiver shall
is not to apply for
licensure as a type B family day care home. A specialized foster care applicant
shall
is not
to be licensed as a type B day care
provider.
(X)(R) A foster caregiver
or applicant shall
is to obtain an approved inspection by a state
certified fire safety inspector or the state fire marshal's office certifying
that the foster home is free from conditions hazardous to the safety of foster
children. The approval must
is to have
occurred within twelve months prior to the initial recommendation for
certification.
(Y)(S) A foster caregiver
or applicant
shall
is to complete all preplacement and continuing
training as required by rule
5101:2-5-33 of the
Administrative Code and any additional hours of training required by the
recommending agency's written training plan.
(Z)(T) A foster caregiver
or applicant shall
is to comply with all agency policies or instructions
including cooperating fully with the agency during the certification
or recertification process.
(AA)(U) A
foster caregiver
shall
is not
to violate a
child's rights as described in paragraph (A) of rule
5101:2-5-35 of the
Administrative Code.
(BB)(V) A foster care
applicant is to comply with the assurances as listed on the JFS 01691
"Application for Child Placement." A foster caregiver is to comply with the
assurances as listed on the JFS 01331 "Notice of Expiration and Reapplication
for a Foster Home Certificate or Adoption Homestudy Approval."
