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Section 3107.12 – Prefinalization assessment of minor and petitioner

May 14, 2021 | Family Law, Ohio

(A) Except as provided in division (B) of this section, an assessor shall conduct a prefinalization assessment of a minor and petitioner before a court issues a final decree of adoption or finalizes an interlocutory order of adoption for the minor. On completion of the assessment, the assessor shall prepare a written report of the assessment and provide a copy of the report to the court before which the adoption petition is pending.

The report of a prefinalization assessment shall include all of the following:

(1) The adjustment of the minor and the petitioner to the adoptive placement;
(2) The present and anticipated needs of the minor and the petitioner, as determined by a review of the minor’s medical and social history, for adoption-related services, including assistance under Title IV-E of the “Social Security Act,” 94 Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 5153.163 of the Revised Code and counseling, case management services, crisis services, diagnostic services, and therapeutic counseling.
(3) The physical, mental, and developmental condition of the minor;
(4) If known, the minor’s biological family background, including identifying information about the biological or other legal parents;
(5) The reasons for the minor’s placement with the petitioner, the petitioner’s attitude toward the proposed adoption, and the circumstances under which the minor was placed in the home of the petitioner;
(6) The attitude of the minor toward the proposed adoption, if the minor’s age makes this feasible;
(7) If the minor is an Indian child, as defined in 25 U.S.C.A. 1903(4), how the placement complies with the “Indian Child Welfare Act of 1978,” 92 Stat. 3069, 25 U.S.C.A. 1901, as amended;
(8) If known, the minor’s psychological background, including prior abuse of the child and behavioral problems of the child;
(9) If applicable, the documents or forms required under sections 3107.032, 3107.10, and 3107.101 of the Revised Code.

The assessor shall file the prefinalization report with the court not later than twenty days prior to the date scheduled for the final hearing on the adoption unless the court determines there is good cause for filing the report at a later date.

The assessor shall provide a copy of the written report of the assessment to the petitioner with the identifying information about the biological or other legal parents redacted.

(B) This section does not apply if the petitioner is the minor’s stepparent, unless a court, after determining a prefinalization assessment is in the best interest of the minor, orders that an assessor conduct a prefinalization assessment.
(C) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code defining “counseling,” “case management services,” “crisis services,” “diagnostic services,” and “therapeutic counseling” for the purpose of this section.

R.C. ยง 3107.12

Effective Date: 03-15-2002; 09-21-2006 .