No matter their age, all Ohio kids should be in a stable, safe, forever home. However, along with other states, many are still entering the system each year.
Lawmakers sought to make changes to streamline the adoption process by passing and enacting House Bill 5, the Adoption Modernization Act, sponsored by state Reps. Sharon Ray (R-Wadsworth) and Rachel Baker (D-Cincinnati).
The bill, which went into law in March, updates the state’s adoption process.
“I think House Bill 5 is important to the adoption system as it helped fix many of the differences that caused confusion and slowed the process down,” says Steve Elliott, Chief Magistrate at Summit County Probate Court. “Prior to House Bill 5, various counties across Ohio had different procedures in place and may have interpreted the rules differently, which created confusion to the prospective adoptive parents, agencies, caseworkers, and attorneys. Now, it creates an opportunity for fairness and consistency across the state, which hopefully will reduce unnecessary delays, and make the process much easier to understand. This law update is about making sure children don’t wait longer than necessary to have a stable, permanent home.”
The legislation expands provisions governing who may adopt, whose consent is required, and when consent is not necessary. It broadens eligibility for adoption, clarifying how both unmarried and married adults may adopt.
“A significant update in Ohio’s Adoption Modernization Law was the expansion of who may be legally adopted,” Elliott says. “More adults are permitted to be adopted in circumstances where there is a strong emotional and/or caregiving bond. This includes individuals with developmental disabilities or long-term dependents who have been in a family-like relationship with their caregivers for years.”
He adds, “The update gives clearer guidance on when parental consent is required or can be waived, as well as changing the time frame for a biological parent to file a written objection to the adoption. It is always important to protect the due-process rights of biological parents who are genuinely trying to maintain involvement with their child and I feel this update ensures that.”
Deonna Kirkpatrick, deputy director of communications at Cuyahoga County Department of Health and Human Services, says the county has seen an increase in adoption finalizations compared to last year.
CCDCFS has finalized 155 adoptions from January through September 30, and has another 180 children who are in the process of adoption.
“We appreciate that House Bill 5 has eliminated some barriers for people who may have previously not been considered for adoption, but it has not substantially changed our internal processes for adoption,” she says. “The CDCFS will continue to focus on permanency for children so they can live with their forever families.”
Ann Ream, director of community relations for Summit County Children Services, says currently, there are 175 children in the permanent custody of Summit County Children Services, and 64 of those children do not have a specific plan for permanency.
“One of the most important aspects of the legislation, from a child protective services perspective, is the change to the six-month waiting period that is required before an adoption is final,” Ream says. “Previously, the six-month waiting period started to run after the date the adoption petition was filed, even if the child had been previously placed and living with the caregiver seeking to adopt. Now, the court can consider the time a child has lived in the home of the child’s relative, kinship caregiver, or foster caregiver toward that six-month waiting period.”
She adds, “expediting adoption finalization by counting time in the home of relatives or foster caregivers toward the six-month waiting period is a strength. This shortens the time a child needs to remain in the custody of Summit County Children Services and allows them to join their forever family sooner.”
The law also has adjusted notifications, language in petition filings, and various other provisions that are aimed at helping families and protecting children in the adoption process.
“The law standardizes how the Courts process adoptions statewide by making forms, timelines and documentation requirements more consistent,” Elliott says. “The Ohio Department of Job and Family Services (ODJFS) updated its forms and guidance to match the law to create uniformity across the state.”
When asked about the challenges, he says “it has been informing and educating families, attorneys, agencies, and caseworkers of its existence and ensuring everyone is using the current forms.”
However, the law does not change the requirements for adoption, as prospective parents still have to complete the application, training, and home studies.
“With the passage of House Bill 5, CCDCFS hopes that more families will come forward to be considered for adoption that otherwise would have been turned away,” Kirkpatrick says.
“Any initiative to streamline the adoption process, while adding safeguards for children, is valuable to children and the families who love them and wish to provide permanency through adoption,” Ream adds.