Current through all regulations passed and filed through December 2, 2024
Section 5101:2-7-02 - General requirements for foster caregivers and applicants(A) A foster caregiver or applicant is to be at least eighteen years of age at the time of initial certification.(B) A foster caregiver or applicant 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 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 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 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 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 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 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 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. (K) 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 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) is not to issue a foster home certificate to a prospective foster caregiver. (L) A foster care applicant 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 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 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 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 is to review the 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.(M) A foster caregiver is not to operate a foster home as an adult boarding or rooming house.(N) A foster caregiver 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.(O) A foster caregiver 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 is to follow the requirements for approval or licensure as a type B family day care home.(P) A foster caregiver or applicant is not to apply for licensure as a type A family day care home.(Q) A specialized foster caregiver is not to apply for licensure as a type B family day care home. A specialized foster care applicant is not to be licensed as a type B day care provider.(R) A foster caregiver or applicant 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 is to have occurred within twelve months prior to the initial recommendation for certification.(S) A foster caregiver or applicant 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.(T) A foster caregiver or applicant is to comply with all agency policies or instructions including cooperating fully with the agency during the certification process.(U) A foster caregiver is not to violate a child's rights as described in paragraph (A) of rule 5101:2-5-35 of the Administrative Code.(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."Ohio Admin. Code 5101:2-7-02
Effective: 4/1/2024
Five Year Review (FYR) Dates: 11/28/2023 and 04/01/2029
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5103.0319, 5103.0327
Rule Amplifies: 5103.02, 5103.03, 5103.0319, 5103.0327
Prior Effective Dates: 12/30/1966, 10/01/1986, 01/01/1991, 09/18/1996, 07/01/2000, 01/01/2003, 12/11/2006, 08/14/2008, 04/01/2010, 10/01/2011, 07/01/2014, 07/01/2018, 06/15/2020