MEPA Policy

SUBJECT: Standard of Conduct regarding MEPA and Title VI. 5101: 2-5-13 (A) (39)

PURPOSE: To set forth written standards of conduct for Lifeway’s employees and/or contractors in compliance with the 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., at they apply to the foster care and adoption process (Title VI).

PROCEDURE:
These Standards of Conduct prohibit policies, procedures or actions which serve to:

• Deny any person the opportunity to become a foster caregiver or an adoptive parent on the basis of race, color or national origin of that 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 foster caregiver(s), of the adoptive parent(s) or of the child involved.

The following actions by a PCSA, PCPA or PNA are permitted under MEPA and Title VI:

• Asking about and honoring any choice made by prospective adoptive parents or prospective foster caregivers regarding what race, color, or national origin of child the prospective adoptive parents or prospective foster caregiver will accept.

• Honoring the decision of a child 12 years of age to not consent to an adoption when the decision has been approved by a court pursuant to section 3107.06 of the Revised Code.

• Providing information and resources about adopting a child of another race, color or national origin to prospective 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 relative or non-relative identified by name.

• Considering race, color or national origin as a possible factor in the placement decision when compelling reasons serve to justify that race, color or national origin needs to be a factor in the placement decision. 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.

• Discussing the special cultural and physical needs of children of different races, ethnicities, and national origins as part of the training which is required of all persons who seek to become eligible to be adoptive parents or foster caregivers.

• Documenting verbal comments, verbatim, or documenting in detail any other indication made by a prospective foster caregiver family member living in the household reflecting a negative perspective regarding race, color or national origin of a child for whom they have expressed an interest in adopting and indicting whether those comments were made before or after completion of the cultural diversity training which is required for all prospective adoptive or foster care applicants.


The following are examples of actions prohibited under MEPA and Title VI:

• Using the race, color or national origin of a prospective adoptive parent or foster caregiver to differentiate between adoptive placements for a child, unless an individualized assessment has been completed.

• Honoring the request of a birth parent(s) to place a child with prospective adoptive parent or prospective foster caregiver 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 the relevant state child welfare protection standards, unless the agency determines that the placement is not in the best interests of the child.

• Requiring a prospective adoptive family or a prospective foster caregiver to prepare or accept a transracial adoption or foster care 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 or a prospective foster caregiver whenever geography is being used as a proxy for the racial composition of the neighborhood, the presence or lack of presence of a significant number or persons of a particular race, color or national origin.

• 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 or prospective foster caregivers of a particular race, color or national origin.

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

Employees and/or contractors who engage in discriminatory acts, policies or practices involving RCNO in the foster care process as determined by ODJFS upon completion of an investigation pursuant to rule 5101: 2-33-03 (OAC) may be disciplined, sanctioned, suspended or terminated in accordance with employment law and union contracts of applicable.

Lifeway will submit 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 contractor engaged in discriminatory acts, policies, or practices. The Corrective Action plan will address how the agency will prevent future violations and will be submitted to ODJFS within 30 days of notification of the findings of the investigation.

Lifeway shall provide a copy of the written standards of conduct to each employee or contractor who is engaged in the placement of children into foster care or for adoption, or engaged in the recruitment, assessment, approval, or selection of a foster caregiver(s) or adoptive family, within 30 days of the effective date of this rule and within 30 days of the completion of any revisions to the standards of conduct.

New employees and/or contractors shall receive a copy of the written standards of conduct within 30 days of their hire date or the effective date of their contract.

Lifeway will not require an ongoing, foster care or 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 foster caregiver or adoptive parent.



Effective date: 3-29-05

SUBJECT: Procedure for complaints of alleged discriminatory acts, policies or practices in the foster care/adoption process that involves race, color or national origin (RCNO).

5101: 2-5-13 (A) (40)

PURPOSE:      To insure that all individuals inquiring about or applying to be a foster caregiver or adoptive parent receive written notification of their right to file a complaint alleging a discriminatory act, policy or practice involving RCNO within 7-days of their first contact with Lifeway For Youth.

PROCEDURE:             

(1)   Any individual may file a complaint alleging a discriminatory act, policy or practice involving RCNO in the Foster Care / Adoption process using the JFS 0233 “Discrimination Complaint Form”. (attached)

(2) Any person, including but not limited to, an employee or former employee of the agency 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 the agency because he or she has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing in connection with an allegation that the agency engaged in discriminatory acts, policies, or practices as it applies in the foster care or adoption process.

(3)   Complaints shall be filed within 2 years from the date of the occurrence of the alleged discriminatory act, or 2 years from the date upon which the complainant  learned or should have known of a discriminatory act, policy or practice.

(4)   Complaints may be filed with any Public Children Services Agency; Private Child Placing Agency; Private Non Custodial Agency or the Ohio Dept. of Job and Family Services. Complaints alleging discrimination involving RCNO will be forwarded to ODJFS within 3 working days of the date of receipt of the complaint.

(5)   Lifeway for Youth shall not initiate, conduct or run concurrent investigations surrounding the complaint or take any further action regarding the complaint or the subject of the complaint until issuance of the final investigation report by ODJFS, unless approved by ODJFS.

(6)   Lifeway For Youth shall cooperate fully with ODJFS during the course of the investigation and shall submit any information requested by ODJFS not later than fourteen days from the date of the request, unless otherwise agreed upon.

(7)   No person who has filed a complaint alleging a discriminatory act, policy or practice involving RCNO in the foster care or adoption process of the agency or who has testified, assisted on participated in any manner in the investigation of a complaint shall be intimidated, threatened, coerced, or retaliated against by any employee of the agency.

(8)   The agency shall provide a written notice of the procedures for any complaints of discrimination in the foster care or adoption process that involves 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 home studies or who are participating in the adoptive homes study process on the effective date of this rule.

Effective date: 3/29/05