Ohio Administrative Code|Rule 5101:2-33-03 | Procedure for complaints of alleged discriminatory acts, policies or practices in the foster care or adoption process that involve race, color or national origin.

                                                
(A) Each public children services agency
		  (PCSA), private child placing agency (PCPA), and private noncustodial agency
		  (PNA) shall provide a written notice of the procedure for any complaints of
		  discrimination in the foster care or adoption process that involve race, color
		  or national origin (RCNO) to all individuals inquiring about or applying to be
		  a foster caregiver or adoptive parent. Such notice shall be provided within
		  seven days of the individual's first contact with the agency.
(B) Any individual may file a complaint
		  alleging a discriminatory act, policy or practice involving RCNO in the foster
		  care or adoption process of a PCSA, PCPA, PNA or the Ohio department of job and
		  family services (ODJFS).
Any person, including but not limited to, an
		  employee or former employee of a PCSA, PCPA, or PNA or a member of a family
		  which has sought to become a foster caregiver or adoptive parent, may also file
		  a complaint alleging that he or she was intimidated, threatened, coerced,
		  discriminated against or otherwise retaliated against in some way by a PCSA,
		  PCPA, PNA or by ODJFS, due to the individual making a complaint, testifying,
		  assisting, or participating in any manner in an investigation, proceeding, or
		  hearing in connection with an allegation that a PCSA, PCPA, PNA or ODJFS
		  engaged in discriminatory acts, policies, or practices as it applies in the
		  foster care or adoption process.
(C) The individual filing a complaint
		  shall use the JFS 02333 "Discrimination Complaint." The complaint
		  shall be filed within two years from the date of the occurrence of the alleged
		  discriminatory act; or two years from the date upon which the complainant
		  learned or should have known of a discriminatory act, policy or practice. The
		  complaint may be filed with:
(1) Any PCSA, PCPA or
			 PNA; or,
(2) The ODJFS- bureau of
			 civil rights (BCR).
(D) When any complaint alleging
		  discrimination involving RCNO in the foster care or adoption process is
		  received by:
(1) A PCSA, PCPA or PNA,
			 the agency shall forward the complaint to ODJFS-BCR within three working days
			 of date of receipt of the complaint.
(2) ODJFS-BCR, the
			 department shall notify the PCSA, PCPA, PNA that is the subject of the
			 complaint within three working days of the receipt of the
			 complaint.
(E) ODJFS-BCR shall conduct an
		  investigation of the complaint. The PCSA, PCPA or PNA that is the subject of
		  the complaint shall not initiate, conduct, or run concurrent investigations
		  surrounding the complaint or take any further action regarding the complainant
		  or the subject of the complaint until the issuance of the final investigation
		  report by ODJFS-BCR, unless approved by ODJFS-BCR.
(F) The PCSA, PCPA or PNA that is the
		  subject of the complaint shall cooperate fully with ODJFS-BCR during the course
		  of the investigation and shall submit any information requested by ODJFS-BCR
		  not later than fourteen days from the date of the request, unless otherwise
		  agreed upon.
(G) ODJFS-BCR shall conduct an
		  investigation that shall include, but is not limited to:
(1) Face-to-face
			 interviews with the complainant, the respondent and all relevant
			 witnesses.
(2) Issuance of a final
			 investigation report to the complainant and the PCSA, PCPA or PNA that is the
			 subject of the complaint. The report shall include the allegations, background
			 information, analysis, determination and recommendations and shall be issued
			 within one hundred twenty days of the receipt of the initial
			 complaint.
If unanticipated circumstances require
			 additional time to complete the investigation or to issue the final report,
			 ODJFS will notify the complainant and the PCSA, PCPA, or PNA that is the
			 subject of the complaint of the need for additional time.
(H) Upon completion of the final
		  investigation report, ODJFS shall determine if any action against a PCSA, PCPA
		  or PNA is warranted. For noncompliance by a PCSA, ODJFS may take any action
		  permitted under section 5101.24 of the Revised Code. For noncompliance by a
		  PCPA or PNA, ODJFS may take action concerning the agency's certificate
		  pursuant to Chapter 5101:2-5 of the Administrative Code.
(I) No person who has filed a complaint
		  alleging a discriminatory act, policy or practice involving RCNO in the foster
		  care or adoption process of a PCSA, PCPA or PNA or who has testified, assisted
		  or participated in any manner in the investigation of a complaint shall be
		  intimidated, threatened, coerced, or retaliated against by any employee or
		  contractor of the PCSA, PCPA, PNA or ODJFS.
(J) Nothing in this rule or in an
		  agency's policy shall prohibit an individual from filing a complaint with
		  the United States department of health and human services (HHS), office for
		  civil rights (OCR) alleging discrimination that involves RCNO in the foster
		  care or adoption process of a PCSA, PCPA, PNA or ODJFS.
(K) The requirements of rules
		  5101:2-33-20 and 5101:2-48-24 of the Administrative Code do not apply to
		  complaints of discrimination in the foster care or adoption process that
		  involve RCNO.
(L) Each PCSA, PCPA or PNA shall provide
		  a written notice of the procedures for any complaints of discrimination in the
		  foster care or adoption process that involve RCNO within thirty days of the
		  effective date to all foster caregivers certified or in the process of
		  certification and to all individuals who have approved adoptive homestudies or
		  who are participating in the adoptive homestudy process on the effective date
		  of this rule.


Last updated April 12, 2021 at 8:42 AM