Standards of Conduct:

Employee and Contractor/Provider Compliance 

          MEPA and Title VI of the Civil Rights

          Act of 1964

SOFA has established the following Standards of Conduct with regard to the performance of employees and contractors/providers related to compliance with Multiethnic Placement Act of 1994 as amended by Section 1808 of the Small Business Job Protection Act of 1996, 42 U.S.C. 622(b)(9),671(a)(18),674(d) and 1996(b)(MEPA) and Title VI of the Civil Rights Act of 1964,42 U.S.C. 2000d, et seq. (Title VI), as they apply to the adoption and foster care processes.  These Standards of Conduct prohibit policies, procedures or actions which serve to:

Deny any person the opportunity to become an adoptive parent or foster caregiver on the basis of race, color or national origin of the person, or of the child involved; or

Delay or deny any placement of a child in foster care or for adoption on the basis of the race, color or national origin of the adoptive parent(s), foster caregiver, or of the child involved.

Permissible Action:

MEPA and Title VI permit the following actions as they apply to the adoption process:

Asking about and honoring any initial or subsequent choices made by adoptive parents or foster caregivers regarding what race, color, or nationality of child the prospective adoptive parents or foster caregivers will accept.

Honoring the decision of a child twelve years of age or older to not consent to an adoption when that decision has been approved by a court pursuant to section 3107.06 of the Ohio Revised Code.

Providing information and resources about adopting a child of another race, color or national origin to prospective adoptive parents or foster caregivers who request such information and making known to all families that such information and resources are available.

Considering the request of a birth parent(s) to place the child with a relative or non-relative identified by name.

Considering the race, color or national origin of the child as a possible factor in the placement decision when compelling reason serves to justify that race, color or national origin need to be a factor in the placement decision pursuant to 5101:2-48-13 and 5101:2-42-18.1 of the Ohio Administrative Code.  These rules permit consideration of race, color or national origin if an Individualized Child Assessment (JFS 01688) completed pursuant to these rules indicates the child has needs related to race, color or national origin that should be taken into account considered when placing the child.  Even when the facts of a particular case allow consideration related to race, color, or national origin, this consideration shall not be the sole determining factor in the placement decision.

Promoting cultural awareness, including awareness of cultural and physical needs that may arise in the care of children of different races, ethnicities, and national origins as part of the training which is required of all applicants who seek to be adoptive parents.

Documenting verbal comments, verbatim, or describing in detail any other indication made by a prospective adoptive family member living in the household or any other person living in the household reflecting a negative perspective regarding the race, color or national origin of a child for whom the prospective adoptive family has expressed an interest in adopting.  The documentation shall indicate whether those comments were made before or after completion the cultural diversity training which is required for all adoptive applicants.  Documentation shall be included in the family’s homestudy, update, or an addendum to the homestudy or update prior to consideration of placement or a matching conference.  A matching conference is the process of determining the most appropriate adoptive family for the child based on the child’s special needs.  The matching committee may consider the information in determining if the placement is in the child’s best interests.

Prohibited Actions:

MEPA and Title VI prohibit the following actions as they apply to the foster care and adoption process:

Using the race, color or national origin of a prospective adoptive parent or foster caregiver to differentiate between placements.

Honoring the request of a birth parent(s) to place a child with prospective adoptive parent(s) of a specific race, color or national origin, unless the birth parent(s) identifies a relative or non-relative by name and that person is found to meet all relevant state child protection standards, provided that the agency determines that the placement is in the best interests of the child.

Requiring a prospective adoptive family to prepare or accept a transracial adoption plan.

Using “culture” or “ethnicity” as a proxy for race, color or national origin.

Delaying or denying placement of a child based upon the geographical location of the neighborhood of the prospective adoptive family whenever geography is being used as a proxy for:

The racial or ethnic composition of the neighborhood;

The demographics of the neighborhood; or

The presence or lack of presence of a significant number of persons of a particular race, color, or national origin in the neighborhood or any similar purpose.

Requiring extra scrutiny, additional training, or greater cultural awareness of individuals who are prospective adoptive parents or foster caregivers of children of a different race, color or national origin than required of other prospective adoptive parents or foster caregivers.

Relying upon general or stereotypical assumptions about the needs of children of a particular race, color or national origin.

Relying upon general or stereotypical assumptions about the ability of prospective adoptive parents of a particular race, color or national origin to care for or nurture the sense of identity of a child or another race, color, or national origin.

“Steering” prospective adoptive parents away from parenting a child of another race, color, or national origin.  “Steering” is any activity that attempts to discourage prospective adoptive parents form parenting a child of a particular race, color or national origin.

Requiring an ongoing, adoption worker or contractor to justify a proposed placement for the reason that the race, color or national origin of the child is different from that of the family whom the worker is proposing as the child’s adoptive parent or foster caregiver.

SOFA shall not require an ongoing, adoption worker to justify a proposed placement for the reason that the race, color or national origin of the child is different from that of the family whom the worker is proposing as the child’s adoptive parent or foster caregiver.

Prohibition on Retaliation:

SOFA employees and contractors/providers may not intimidate, threaten, coerce, discriminate against or otherwise retaliate against any individual who makes a complaint, testifies, assists or participates in any manner in an investigation related to alleged discrimination on the basis of race, color or national origin in the adoption process.

Additional Information:

Employees or contractors/providers who desire more information about MEPA and Title VI as related to the adoption process may request such information from SOFA’s Director.

Enforcement Requirements:

These standards of conduct include enforcement requirements to be used whenever an agency employee or contractor/provider engages in discriminatory acts, policies, or practices involving race, color or national origin in the foster care or adoption process as determined by the Bureau of Civil Rights of ODJFS upon completion of the investigation conducted pursuant to rule 5101:2-33-03 of the Administrative Code.

For SOFA employees, these enforcement requirements shall include employee discipline in accordance with the disciplinary structure of SOFA.

For contractors/providers performing adoption or foster care services on behalf of SOFA, these enforcement requirements shall include discipline in accordance with the contractors/providers personnel policy, if applicable, and may include contract termination.  Enforcement requirements for contractors/providers subcontractor shall include corrective action in accordance with the contractors/providers contract, if applicable, with the subcontractor and may include termination or contract termination.

These enforcement requirements are applied in accordance with applicable employment law.

Corrective Action Plan

SOFA shall provide for the submission of a corrective action plan whenever an investigation conducted by ODJFS, pursuant to rule 5101:2-33-03 of the Administrative Code, results in a finding that an agency employee or contractors/provider engaged in discriminatory acts, policies, or practices.  If the finding involves a discriminatory act, policy or practice by a contractor/provider or subcontractor, SOFA shall develop the corrective action plan in collaboration with the contractor/provider or in collaboration with the contractor/provider and subcontractor.

The corrective action plan shall:

Address how SOFA will prevent future violations by that employee or contractor/provider and subcontractor.

Be submitted to ODJFS within thirty days of notification of the findings of the investigation.

SOFA shall provide a copy of these Standards of Conduct to each employee or contractor/provider who is:

Engaged in the placement of children into foster care or for adoption, or

Engaged in the recruitment, assessment, approval, or selection of foster or adoptive families.

Employees or contractors/providers shall receive a copy of the written Standards of Conduct to all applicants and to all employees upon 30 days of their hire date or the effective date of their contract.  If these Standards of Conduct are revised, employees and contractors/providers shall receive a copy of the revised Standards of Conduct within 30 days of the completion of any revisions.  SOFA and contractors/providers shall ensure that these Standards of Conduct are provided to their employees and subcontractors.