Chapter 5101:2-49 Interstate/Intrastate Protective Services

(A) Prior to finalization of the adoption, the public children services agency (PCSA) shall ensure that the adoptive parent(s) of a child placed by that PCSA receives a JFS 01451 “Adoption Assistance Application” (rev. 10/2006) and shall assist the adoptive parent(s) with the completion of the application. The PCSA must determine a child’s eligibility for Title IV-E adoption assistance (AA) within thirty working days after a completed AA application and all required documentation are provided to the PCSA.

(B) The PCSA responsible for determining eligibility for AA is also responsible for entering into the JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) and, if the child is eligible, issuing the AA payment.

(C) The adoptive parent(s) may apply for AA only after a homestudy has been completed and they have been approved for adoptive placement of a special needs child by an agency with such authority. Application may be made before or after the child is placed in the approved adoptive home, but must be made prior to finalization of the adoption.

(D) A stepparent may apply for AA only if a biological parent is not present in the home due to death or divorce or has failed to visit or maintain contact with the child for more than ninety days pursuant to section 2151.01 of the Revised Code.

(E) Prior to the final decree of adoption, the adoptive parent(s) shall submit the AA application to one of the following, as appropriate:

(1) The PCSA holding permanent custody of the child.

(2) The PCSA located in the county in which the adoptive parent(s) resides, when the child has been placed by a private child placing agency (PCPA) having permanent custody of the child.

(3) The PCSA in the county in which the adoptive parent(s) resides, when the child meets the eligibility requirements for Title XVI supplemental security income (SSI) benefits and the child is not in the custody of a PCSA or PCPA.

(4) The PCSA in the county in which the adoptive parent(s) resides, when the child is placed for adoption in Ohio from another state and that state’s public child service agency (CSA) does not have responsibility for placement and care of the child. The child must meet the definition of special needs pursuant to rule 5101:2-49-03 of the Administrative Code and all other requirements of Chapter 5101:2-49 of the Administrative Code.

(F) The AA application must be completed prior to the final decree of adoption and the JFS 01453 must be completed prior to the time of the final decree of adoption unless the agreement is a result of a post finalization application pursuant to rule 5101:2-49-09 of the Administrative Code. For each child, a separate AA application must be completed, a Title IV-E AA case number assigned and the information entered into the statewide automated child welfare information system.

(G) If an Ohio PCPA holds permanent custody of a child as a result of a JFS 01666 “Permanent Surrender of Child” (rev. 02/2002), the following requirements must be met for AA eligibility:

(1) Prior to finalization of the adoption, the PCPA shall ensure that the adoptive parent(s) receives information about AA, and an AA application.

(2) At the time of application by the adoptive parent(s) to the PCSA, the PCPA shall provide the PCSA with the following:

(a) A copy of the JFS 01616 “Social and Medical History” (rev. 09/1996) completed on the child for whom the subsidy is being requested; and

(b) A copy of the adoptive parent(s) completed JFS 01673 “Assessment for Child Placement (homestudy)” (rev. 08/2005); or

(c) A copy of the JFS 01692 “Application for Adoption of a Foster Child” (rev. 01/2002); or

(d) For an adoptive parent(s) who resides out of state a copy of forms which contain at a minimum the information required on the JFS 01673 or the JFS 01692.

(3) Application by the adoptive parent(s) shall be made to the PCSA in the county in which the adoptive parent(s) reside.

(4) The PCSA must complete the JFS 01451A “Title IV-E Adoption Assistance Eligibility Determination” (10/2006) within thirty working days after a completed application and all required documentation are provided to the PCSA.

(H) For a child who was previously determined eligible for AA and is not in the permanent custody of a PCSA or PCPA, one of the following must apply in order for the child to be determined eligible for AA and, if applicable, receive payment:

(1) The child resides in the same county as the PCSA responsible for the child’s previous AA agreement. That PCSA shall terminate the JFS 01453, and determine whether the child continues to meet the special needs and age requirements.

(2) When the child is placed for adoption in another county or another state, the PCSA responsible for the child’s previous AA agreement is responsible for terminating the agreement. The agency in the county or state in which the adoptive parent(s) resides at the time the previous agreement is terminated, is responsible for determining whether the child continues to meet the special needs and age requirements.

(3) The prior finalized adoption was dissolved and the parental rights of the adoptive parent(s) were terminated on or after October 1, 1997.

(4) The child’s adoptive parent(s) died on or after October 1, 1997.

(I) A face-to-face interview with the adoptive parent(s) is required at application. If the adoptive parent(s) resides out-of-state or in another county which is a considerable distance from the agency, a face-to-face interview is not required. The PCSA may ask the public child service agency (CSA) in the other county or state to assist with the determination of eligibility or continuing eligibility.

(J) The PCSA shall notify the adoptive parent(s) of approval or denial of eligibility for AA within thirty working days. If, after completing the application and being notified that the child is eligible, the adoptive parent(s) determine that there is no existing need for AA payments, the PCSA and adoptive parent(s) shall complete a JFS 01453 indicating zero dollars and zero cents.

(K) Information to establish AA eligibility may be obtained from a variety of sources including, but not limited to, the following:

(1) County department of job and family services (CDJFS) client registration information system-enhanced (CRIS-E).

(2) Social security administration.

(3) Agency that has held permanent custody of the child and placed the child for adoption.

(4) Court records.

(5) Adoptive parents.

(L) The PCSA shall request verification from the adoptive parent(s) if health care insurance coverage is available to the child. If insurance coverage is available, a JFS 06612 “Health Insurance Information Sheet” (rev. 05/2001) must be completed by the adoptive parent(s).

(M) For a child who is placed for adoption from Ohio into another state and the child is not in the permanent custody of an Ohio PCSA, the adoptive parent(s) must apply to the Title IV-E agency in the state the adoptive parent(s) resides. The Title IV-E agency in the adoptive parent(s) state of residence is responsible for determining the child’s eligibility for AA and, if the child is eligible, entering into the AA agreement; and issuing the AA payment.

Replaces: 5101:2-47-28

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 1/1/85 (Emer), 4/1/85, 5/22/85 (Emer), 8/12/85, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/88, 9/1/92, 5/1/98, 7/1/00, 2/24/02

(A) The following criteria must be met for a child to be determined eligible for Title IV-E adoption assistance (AA) prior to the final decree of adoption:

(1) The child is legally free and placed for adoption.

(2) The child must be determined a special needs child as defined in rule 5101:2-49-03 of the Administrative Code.

(3) The child must meet the age requirement as defined in rule 5101:2-49-04 of the Administrative Code.

(4) The child cannot or should not be returned to the home of the child’s parents. This determination shall be based on one of the following:

(a) An order from a court of competent jurisdiction terminating the rights of both birth parents;

(b) A motion for termination of parental rights;

(c) A signed JFS 01666 “Permanent Surrender of Child” (rev. 02/2002) by the birth parents executed in accordance with paragraph (C) of this rule.

(d) If the child can be adopted in accordance with the law of a state or tribe without a court order terminating parental rights or a voluntary relinquishment by the parent(s), documentation from the state or tribe that provided a valid reason why the child cannot or should not be returned to the home of his/her parent(s).

(5) The adoptive parents must have a homestudy completed and approved by an agency with such authority.

(6) There must be a signed JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) between the public children services agency (PCSA) and the adoptive parent(s) prior to the final decree of adoption.

(7) The placement of any child into Ohio by another state or territory, or from Ohio into another state or territory, whose placement meets the definition of interstate placement as set forth in rule 5101:2-1-01 of the Administrative Code must meet the requirements of rules 5101:2-42-20 to 5101:2-42-23 of the Administrative Code.

(8) The child meets one of the following conditions:

(a) At both the time of removal from the home of a specified relative and in the month the adoption petition is filed, the child meets the ADC-relatedness requirements and there is a judicial determination documenting that the removal from the home is in the best interest of the child or that continuation in the home would be contrary to the welfare of the child;

(b) The child meets the eligibility requirements for Title XVI supplemental security income (SSI) benefits at the time the adoption petition is filed. SSI eligibility shall be determined only by a designated social security administrative claims representative;

(c) The child’s costs in a foster home or residential child care facility are reimbursable by the Title IV-E foster care maintenance (FCM) payments being made for his/her minor parent at the time the adoption petition is filed pursuant to rule 5101:2-49-05 of the Administrative Code.

(B) Pursuant to criteria set forth in rules 5101:2-47-14 and 5101:2-47-14.1 of the Administrative Code, the AA program eligibility shall be based upon whether the home from which the child was removed would have met the ADC-relatedness eligibility requirements in effect on July 16, 1996. In addition to the determination requirements as outlined in paragraphs (A)(4)(a), (A)(4)(b), (A)(4)(c) and (A)(4)(d) of this rule, one of the following categories must be met.

(1) The PCSA or private child placing agency (PCPA) filed a petition for the custody of the child which resulted in the court-ordered removal of the child from the home. The court ordered removal states that continuation in the home would be contrary to the welfare of the child or that removal from the home is in the best interest of the child.

(2) The PCSA or PCPA filed a petition for the custody of the child from a specified relative. The court order resulted in the child’s placement into the custody of the PCSA or PCPA. The court ordered removal states that continuation in the home is contrary to the welfare of the child or that removal of the child from the home is in the best interest of the child.

(3) The child is removed from the home of a specified relative and is placed in the custody of a PCSA as a result of a JFS 01645 “Agreement for Temporary Custody of Child” (rev. 12/2005), and the child is in receipt of Title IV-E foster care maintenance payments while the JFS 01645 is in effect, and the PCSA files a request to the court for an original thirty day extension of the JFS 01645 and the court of competent jurisdiction made a written determination or issued an order granting custody of the child to the PCSA which contains a determination to the effect that continuation in the home would be contrary to the welfare of the child or that removal from the home is in the best interest of the child.

(C) A child in the custody of a PCSA or PCPA by means of a voluntary agreement to transfer the permanent custody of the child to a PCSA or PCPA is determined to meet the ADC-relatedness, if in the month the petition to adopt is filed, ADC-relatedness requirements of age, need and deprivation are met and one of the following applies:

(1) The JFS 01666 “Permanent Surrender of Child” (rev. 12/2005), is entered into by the PCSA or PCPA and the permanent surrender is the event that led to the removal of the child from the home and the court of competent jurisdiction made a written determination or issued an approval granting custody of the child to the PCPA which contains a determination to the effect that continuation in the home would be contrary to the welfare of the child or that removal from the home is in the best interest of the child.

(2) The JFS 01666 is entered into by a PCPA and is subsequent to a JFS 01645 and is executed no later than ninety-six hours after the birth of the child.

(D) A child previously determined eligible for AA in a prior finalized adoption is eligible for AA in a subsequent adoptive placement where the child is available for adoption when either of the following apply:

(1) The prior finalized adoption was dissolved and the parental rights of the adoptive parent(s) were terminated on or after October 1, 1997.

(2) The child’s adoptive parent(s) died on or after October 1, 1997.

(E) If the judicial determination that continuation in the home would be contrary to the welfare of the child or the removal from the home is in the best interest of the child is not included in the court order, a transcript of the court proceedings is the only other documentation acceptable to verify that the required determination has been made. An affidavit, a nunc pro tunc order, or a backdated court determination are not acceptable as documentation, of the requirements as specified in paragraph (B) of this rule.

(F) When it is necessary to establish whether the child meets the ADC-relatedness requirements for Title IV-E AA eligibility, in accordance with paragraphs (B) and (C) of this rule, the PCSA must complete a JFS 01452 “Title IV-E Foster Care Maintenance Application for Initial Eligibility” (rev. 12/2005). In situations where there is insufficient or no available verification of ADC-relatedness, the AA eligibility determiner shall contact the county department of job and family services (CDJFS) or other resources to obtain information pertaining to these requirements. If the ADC-relatedness requirements cannot be verified, the child does not meet this eligibility requirement.

(G) Children who are adopted abroad and brought into the United States from other countries for the purpose of adoption are not eligible for Title IV-E AA because they do not meet any one of the following:

(1) ADC-relatedness criteria in their own homes due to the unavailability of the ADC program outside the United States.

(2) Eligibility requirements for SSI benefits no later than the month the adoption petition is filed.

(3) Eligibility requirements as a result of their minor parents receipt of FCM payments.

Replaces: 5101-2-47-29

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/88, 5/1/94, 5/1/98, 3/18/99 (Emer), 6/17/99, 7/1/00, 11/1/00, 3/3/02

(A) Prior to the final decree of adoption, all of the following criteria must be met in order for a child to be considered to have a child with special needs for Title IV-E adoption assistance (AA).

(1) The child cannot or should not be returned to the home of the child’s parents. This determination shall be based on one of the following:

(a) An order from a court of competent jurisdiction terminating the rights of both birth parents;

(b) A petition for termination of parental rights;

(c) A signed JFS 01666 “Permanent Surrender of Child” (rev. 12/2005) by the birth parents executed in accordance with rule 5101:2-49-02 of the Administrative Code;

(d) If a child can be adopted in accordance with the law of a state or tribe without a court order terminating parental rights or a voluntary relinquishment by the parent(s), documentation from the state or tribe that provides a valid reason why the child cannot or should not be returned to the home of his or her parent(s).

(2) Except for the conditions in paragraph (D) of this rule, the custody-holding public children services agency (PCSA) or custody-holding private child placing agency (PCPA) shall document that a reasonable but unsuccessful effort was made to place the child with an appropriate adoptive parent(s) without providing AA or Title XIX medical assistance by performing all of the following activities.

(a) Posting the child as available for adoption on the Ohio adoption photo listing (OAPL) website. Following the birth of a child and prior to a child’s first birthday, the child must be posted as available for adoption on the OAPL website for a minimum of three calendar days.

(b) Documenting the names of all families who respond to the posting of the child on the OAPL website and other potential families identified on the JFS 01689 “Documentation of the Placement Decision-Making Process” (rev. 02/2005) pursuant to the requirements of rule 5101:2-48-16 of the Administrative Code.

(c) Identifying the families to be considered for a match pursuant to rule 5101:2-48-16 of the Administrative Code, informing the families of the child’s special needs and inquiring whether they are willing or able to adopt the child without the provision of AA or Title XIX medical assistance.

(3) The PCSA or PCPA shall document that the child has a specific factor or condition, or a combination of factors or conditions that makes it difficult to place the child with an adoptive parent(s) without the provision of AA and/or medical assistance. The child shall meet at least one of the following specific factors or conditions:

(a) The child is in a sibling group of three or more or is being adopted as part of a previously adopted biological sibling group of three or more that makes it difficult to place the child for adoption without the provision of AA.

(b) The child is a member of a minority racial or ethnic group that makes it difficult to place the child for adoption without the provision of AA.

(c) The child is six years of age or older.

(d) The child has remained in the permanent custody of a PCSA or PCPA for more than one year without being placed in an approved adoptive home.

(e) The child has been in the home of his/her prospective adoptive parent(s) as a foster child for at least twelve consecutive months directly preceding the adoptive placement and would experience severe separation and loss if placed in another setting due to his/her significant emotional ties with the foster parent(s) as determined and documented by a qualified mental health professional.

(f) The child has experienced a previous adoption disruption or three or more disrupted substitute care placements while in the custody of a PCSA or PCPA.

(g) A qualified professional, assessing conditions within their area of expertise, has diagnosed the child to have one of the following conditions:

(i) A developmental disability, as defined in rule 5101:2-1-01 of the Administrative Code; or

(ii) A developmental delay, as defined in rule 5123:2-1-02 of the Administrative Code; or

(iii) Mental illness, as defined in rule 5101:2-1-01 of the Administrative Code; or

(iv) Mental retardation, as defined in rule 5101:2-1-01 of the Administrative Code.

(h) The child or the child’s biological family has a social or medical history that establishes a substantial risk, as defined in paragraph (B) of this rule, of acquiring any one of the following conditions, as determined by a qualified professional assessing conditions within their area of expertise, which makes it difficult to place the child for adoption without the provision of AA:

(i) A developmental disability, as defined in rule 5101:2-1-01 of the Administrative Code; or

(ii) A developmental delay, as defined in rule 5123:2-1-02 of the Administrative Code; or

(iii) Mental illness, as defined in rule 5101:2-1-01 of the Administrative Code; or

(iv) Mental retardation, as defined in rule 5101:2-1-01 of the Administrative Code.

(B) If all other eligibility criteria are met, and the only special needs factor met is that the child has been determined at substantial risk, with no manifestation of a special needs factor at the time of adoptive placement, a JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) only with no payment shall be entered into in accordance with rule 5101:2-49-07 of the Administrative Code.

(1) A “substantial risk” means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist as defined in section 2901.01 of the Revised Code.

(2) The prospective adoptive parent(s) must provide documentation of the substantial risk to the PCSA at the time of the special needs determination.

(C) A written statement of the child’s developmental disability, developmental delay, mental illness or mental retardation must be supported by an assessment or evaluation from a qualified professional including an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs

(D) The requirement in paragraph (A)(2) of this rule shall be waived only when one or more of the following conditions exist and it is against the best interest of the child to be placed with an adoptive family without the provision of AA or Title XIX medical assistance:

(1) The child has been in the home of his/her prospective adoptive parent(s) as a foster child for at least twelve consecutive months directly preceding the adoptive placement and would experience severe separation and loss if placed in another setting due to his/her significant emotional ties with the foster parent(s) as determined and documented by a qualified mental health professional; or

(2) The prospective adoptive parent(s) is a relative; or

(3) The child is being adopted by a previously adopted sibling’s adoptive parent(s).

(E) The following requirements apply to the determination of eligibility for special needs for a child who is not in the custody of a children services agency (CSA):

(1) When the child is being placed from Ohio into another state, and the child is not in the custody of a PCSA or PCPA the Title IV-E agency in the adoptive parent(s) state of residence shall be responsible for the determination of the child’s eligibility for special needs.

(2) When the child is being placed from another state into Ohio, and the child is not in the custody of the state agency in the other state, it is the PCSA in the county in which the adoptive parent(s) resides that is responsible for the determination of the child’s eligibility for special needs.

Replaces: 5101:2-47-30

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/88, 9/1/92, 5/1/98

(A) A special needs child may be eligible for Title IV-E adoption assistance (AA) from the date that the child is placed for adoption through the month of the child’s eighteenth birthday.

(B) A special needs child may be eligible for AA from the beginning of the month following the child’s eighteenth birthday through the month of the child’s twenty first birthday if the child has a mental or physical disability and the child meets the continuing eligibility requirements in rule 5101:2-49-10 of the Administrative Code. The child is considered to have a mental or physical disability if any of the following apply:

(1) The child has been determined to meet the disability criteria required to be eligible for Title XVI supplemental security income (SSI) benefits by a designated social security administration claims representative;

(2) The child does not meet the cash benefit eligibility requirements for SSI, but there is a diagnosis by a physician or a qualified professional that the child has a medical condition or physical disability, or a qualified mental health professional has determined the child to have a mental or emotional disability. The diagnosed condition or disability must prevent the child from being able to be self-supporting by paying for shelter, food and clothing even though the child still resides with the adoptive parent(s);

(3) The designated social security administration claims representative determines the child meets the disability criteria required to be eligible for social security disability benefits;

(4) The child meets the disability criteria, as determined by a designated social security administration claims representative, required to be eligible for the receipt of social security benefits due to the death or disability of the biological or adoptive parent(s);

(5) The child has been determined to meet the eligibility criteria for participation in a vocational rehabilitation program administered by the bureau of vocational rehabilitation or is eligible for services for the visually impaired administered by the bureau of services for the visually impaired through the Ohio rehabilitation services commission, or is eligible for participation in an equivalent agency in the state in which the child resides;

(6) The child has been determined to meet the eligibility criteria for a child with a disability receiving special education and related services from the Ohio department of education and local education agency or school district;

(7) The child has been determined eligible for services administered through the Ohio department of mental retardation and developmental disabilities (MR/DD).

(C) For purposes of this rule, a qualified professional is defined as an audiologist, licensed independent social worker, licensed professional clinical counselor, medical doctor, orthopedist, psychiatrist, psychologist, or speech/language pathologist. The qualified professional shall only diagnose disabilities within the professional’s area of expertise.

(D) A written statement of the child’s mental or physical disability shall be supported by an assessment or evaluation from the qualified professional including an opinion as to the prognosis and recommendations related to future treatment needs.

(E) If the adoptive parent(s) requests to continue the AA agreement beyond age eighteen due to any of the disabilities identified in paragraph (B) of this rule, the PCSA shall do one of the following:

(1) Amend the AA agreement to begin AA payment based on the beginning date of eligibility for any of the programs identified in paragraph (B) of this rule.

(2) Notify the adoptive parent(s) of the intent to amend the JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) to an AA agreement with no payment and provide the adoptive parent(s) with notification of state hearing rights.

(3) Terminate the AA agreement if eligibility is denied for any of the programs identified in paragraph (B) of this rule, unless the adoptive parent(s) provide the PCSA with documentation that the denial has been appealed. In the case of an appeal, the AA agreement shall continue in effect until a determination has been made.

(4) If a state hearing is requested within the fifteen-day prior notice period, the AA agreement and Title XIX medical assistance shall continue until a state hearing decision is rendered.

(5) If no timely appeal is made, the AA agreement shall be amended to an “Agreement Only”; with zero dollars and zero cents payments and Title XIX medical coverage shall be terminated and a JFS 01958 “Referral for Continuing Eligibility Review” (rev. 06/2003) shall be sent to the county department of job and family services (CDJFS) located in the county in which the adoptive parent(s) resides, in compliance with the medicaid pre-termination review.

(F) It is the responsibility of the adoptive parent(s) to provide the PCSA with documentation that application has been made for any services the child needs in paragraph (B) of this rule. The PCSA shall advise the adoptive parent(s) of all necessary documentation that must be submitted to continue an AA agreement.

(G) For cases in which the year and month the child was born can be established, but not the exact day, the first of the month is to be used as the child’s birth date.

Replaces: 5101:2-47-33

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/14/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/88, 9/1/92, 5/1/98, 2/15/02

(A) The amount of the Title IV-E adoption assistance (AA) payment is determined by negotiation and mutual agreement between the adoptive parent(s) and the public children services agency (PCSA). Negotiations shall be based on the needs of the child and the circumstances of the adoptive family.

(B) No income eligibility test shall be used to determine eligibility for AA or the amount of an AA payment.

(C) The PCSA shall not consider the race, color, or national origin of an adoptive family or of the child for whom a family has indicated an interest in adopting, when negotiating the AA agreement.

(D) The maximum amount of the AA payment shall not exceed the cost of the foster care maintenance (FCM) payment which was paid or would have been paid if the child for whom the AA payment is made is placed or would have been placed in a foster home operated by the PCSA, as provided in paragraph (E) of this rule.

(E) To determine the amount the FCM payment would have been if the child had been placed in a foster home operated by the PCSA, the PCSA shall:

(1) Determine the monthly foster care board rate in effect for a foster home of the PCSA completing the AA agreement at the time the most current agreement or modification/amendment to an existing agreement is signed.

(2) Determine the amounts of any special, exceptional or intensive needs difficulty of care payments, clothing payments, school supplies, and other allowable FCM payments which are not part of the daily or monthly foster care board rate, if the same payments are equally available to a Title IV-E and non-Title IV-E child as described in rule 5101:2-47-02 of the Administrative Code. The annual payment shall be divided by twelve and the quotient added to the monthly foster care board rate as described in paragraph (E)(1) of this rule.

(F) The amount of the AA payment may be modified/amended at any time that the AA agreement is in effect to support the needs of the child and circumstances of the adoptive family.

(G) If the child receives supplemental security income (SSI) benefits, the child may receive AA and SSI concurrently.

(1) The child’s SSI benefits shall be considered in the negotiation and determination of the AA payment amount.

(2) If there is concurrent receipt of payments from both programs, the social security administration will decrease the SSI benefit by the AA payment amount.

(H) If the adoptive parents(s) and the PCSA cannot agree on the initial or modified amount of AA, the adoptive parent(s) has the right to request a state hearing. In such cases, the PCSA must inform the adoptive parent(s) in writing of its decision to deny the amount of AA requested by the adoptive parent(s) and the right to a state hearing. In cases where the PCSA and the adoptive parent(s) cannot agree on the initial AA payment amount, an AA agreement may be completed for a mutually acceptable level of monthly AA payment while negotiations continue or the adoptive parent(s) requests a state hearing.

Replaces: 5101:2-47-42 and 5101:2-47-43

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.141, 5103.03, 5153.16

Rule Amplifies: 5101.11, 5101.141, 5103.03, 5153.16

Prior Effective Dates: 1/1/83, 1/1/85 (Emer.), 4/1/85 (Emer.), 8/12/85, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/92, 1/1/83, 4/1/86 (Emer.), 7/1/86, 10/9/86 (Emer.), 1/1/87, 7/2/87, 9/1/89 (Emer.), 11/30/89, 1/13/92 (Emer.), 4/11/92, 3/20/93, 5/1/98

(A) The JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) must be signed by both the adoptive parent(s) and the public children services agency (PCSA) for each child receiving Title IV-E adoption assistance (AA) payments.

(B) The agreement must list the payments to be provided and the terms under which such benefits will continue to be available. The AA agreement is binding to both parties, but the payments may be modified at any time in response to a request made by either the adoptive parent(s) or the PCSA if the adoptive parent(s) agrees to the change.

(C) The PCSA shall not consider the race, color, or national origin of an adoptive family or of the child for whom a family has indicated an interest in adopting when conducting the negotiation or entering into the JFS 01453.

(D) The PCSA may not have a general policy limiting AA prior to the child’s eighteenth birthday.

(E) The AA agreement becomes effective on the date both the adoptive parent(s) and the PCSA representative sign the document but AA payments may begin no earlier than the date on which the child is placed for adoption. The agreement must be signed by the adoptive parent(s) and the PCSA prior to the issuance of the final decree of adoption, unless the conditions specified in rule 5101:2-47-14 of the Administrative Code are present. A copy of the signed agreement must be given to the adoptive parent(s) and the PCSA shall retain a copy in the AA case record.

(F) The PCSA shall specify on the JFS 01453:

(1) Name of the PCSA and the names of the adoptive parent(s).

(2) The type of agreement, i.e. initial agreement or amended agreement.

(3) The duration of the agreement.

(4) Name of the child to be adopted or who has been adopted.

(5) The amount of monthly AA payments and the child for whom the payments will be made.

(6) The adoptive parent(s)’ agreement with the amount of the monthly AA payments.

(7) The child’s eligibility for medicaid benefits.

(8) Title XX funded social services to be provided to the child.

(9) Services to be provided whether or not they are available through Title XX.

(10) Provisions for reimbursement of nonrecurring adoption expenses.

(11) The adoptive parent(s)’ right to appeal through a request for a state hearing.

(G) The child is eligible for Title XIX and Title XX services in the state in which the child resides, regardless of whether it is the state which entered into the AA agreement. If the state in which the child resides does not provide some or all of the Title XX services listed in the AA agreement, then the PCSA which entered into the AA agreement shall be responsible for providing/securing those particular Title XX services.

(H) If the parent and the adopted child for whom an AA agreement is in effect moves to another Ohio county, the child will be provided with Title XX services by the county where the child resides. If any of the Title XX services specified in the AA agreement are not available in the county where the child resides, the PCSA in the county which entered into the AA agreement shall be responsible for providing or securing services.

(I) Nothing shall prohibit the adoptive family from seeking Title XX services available in the county of residence even if they are not already specified in the AA agreement. The adoptive parent(s) may:

(1) Apply for the Title XX services in the county where they reside; or

(2) Seek to modify/amend the child’s AA agreement.

(J) The adoptive parent(s) has the right to appeal through a request for a state hearing under the following circumstances:

(1) The PCSA denies eligibility for AA.

(2) The PCSA denies the amount of payment assistance requested by the adoptive parent(s) in the child’s initial JFS 01453.

(3) The PCSA proposes to reduce or terminate the amount of AA payment specified on the current agreement.

(4) The PCSA denies a request by the adoptive parent(s) to modify/amend the terms of an existing AA agreement.

(K) The PCSA must provide written notification to the adoptive parent(s) of any determination to deny eligibility for AA, to reduce or terminate the AA payment, or deny a request for an increase in the amount of AA payment. The PCSA must also inform the adoptive parent(s) with a copy of the JFS 04059 “Explanation of State Hearing Procedures” (rev. 04/2005) along with the JFS 01451 “Title IV-E Adoption Assistance Continuing Eligibility Determination” (rev. 10/2006).

(L) The AA agreement, if made after October 1, 1983, will remain in effect regardless of the state in which the adoptive parent(s) resides at any given time.

(M) The adoptive parent(s) will comply with any interstate requirements for adoption in the event that the family moves out-of-state.

(N) The AA agreement remains in effect for the time period stated, provided that the child meets the continuing eligibility requirements set forth in rule 5101:2-49-10 of the Administrative Code and specified in the AA agreement.

(O) During the time period specified, the terms of the AA agreement may be modified/amended at any time if both parties agree to the change in accordance with rule 5101:2-49-12 of the Administrative Code.

Replaces: 5101:2-47-36

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/88, 9/1/92, 7/1/93, 5/1/98

(A) A JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) only with no Title IV-E adoption assistance (AA) payment shall be entered into by the public children services agency (PCSA) and the adoptive parent(s) in any of the following circumstances:

(1) The adoptive parent(s) and the PCSA, after considering the needs of the child and the circumstances of the adoptive family, have agreed the adoptive family does not need an AA payment at the present time to meet the child’s current needs in order to incorporate the child into the adoptive family;

(2) The child or the child’s biological family has a social or medical history that establishes a substantial risk of acquiring any one of the following conditions, as determined by a qualified professional assessing conditions within their area of expertise, which makes it difficult to place the child for adoption without the provision of AA:

(a) A developmental disability, as defined in rule 5101:2-1-01 of the Administrative Code;

(b) A developmental delay, as defined in rule 5123:2-1-02 of the Administrative Code;

(c) Mental illness, as defined in rule 5101:2-1-01 of the Administrative Code:

(d) Mental retardation, as defined in rule 5101:2-1-01 of the Administrative Code

(3) The child has reached the age of eighteen and has not been determined eligible for continuation of AA.

(B) An AA agreement only with no AA payment shall include the following provisions of the completed AA agreement:

(1) The child is eligible for AA, but there is no monthly payment in effect because of the determination set forth in paragraph (A) of this rule;

(2) The adoptive parent(s) may request modification/amendment of the AA agreement to include AA payments if the child develops a condition, determined by a qualified professional, as a result of the substantial risk identified in paragraph (A)(2) of this rule;

(3) In accordance with paragraph (A)(3) of this rule, the child had been determined eligible for one of the programs identified in rule 5101:2-49-04 of the Administrative Code.

(4) Unless the provisions of paragraph (A)(3) of this rule apply, Title XX services and post adoption services are to be provided or secured in addition to Title XIX (medicaid) coverage if the child develops a condition, as determined by a qualified professional, as a result of the substantial risk identified in paragraph (A)(2) of this rule;

(5) All of the remaining conditions of the JFS 01453 as set forth in rule 5101:2-49-10 of the Administrative Code apply including reimbursement of nonrecurring adoption expenses, categorical eligibility for Title XIX medical assistance and Title XX social services and the right of appeal through a state hearing.

Replaces: 5101:2-47-37

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 9/1/92, 5/1/98

(A) Title IV-E adoption assistance (AA) payments may begin when all of the following have been completed:

(1) The responsible public children services agency (PCSA) determines that the child meets all of the eligibility requirements for AA as defined in Chapter 5101:2-49 of the Administrative Code.

(2) The child is placed for adoption.

(3) The JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) is completed and signed by both the adoptive parent(s) and the PCSA.

(4) In the case where a child is placed for adoption and all other eligibility requirements have been met, but the completion and signing of the AA agreement is delayed, the AA payment may begin the date the child was placed for adoption, unless paragraph (C) of this rule applies, once the AA agreement is completed and signed by all parties.

(B) In cases where the PCSA and the adoptive parent(s) cannot agree on the beginning date of an AA payment or the initial amount of AA that should be provided, an AA agreement may be completed for a mutually acceptable level of monthly payments while negotiations continue or the adoptive parent(s) requests a state hearing.

(C) When a child is placed for adoption with a certified foster caregiver who is receiving foster care payments, the certified foster caregiver/prospective adoptive parent may exercise the choice of continuing the foster care payments until the adoption is finalized. The PCSA shall inform certified foster caregivers of this option prior to the date of the adoptive placement.

Replaces: 5101:2-47-40

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/14/83, 4/1/86 (Emer), 7/1/86, 9/1/88, 7/1/93, 5/1/98, 7/1/00, 2/15/02

(A) The adoptive family who has finalized the adoption of a special needs child may apply for Title IV-E adoption assistance (AA) after the adoption is legalized if the following conditions apply:

(1) The JFS 01451 “Title IV-E Adoption Assistance Application” (rev. 10/2006) was not completed prior to the finalization of adoption, or the JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) was not executed prior to the final decree of adoption due to either of the following circumstances:

(a) Relevant facts regarding the child were known to the public children services agency (PCSA) or private child placing agency (PCPA) and not presented to the adoptive parent(s) prior to the final decree of adoption; or

(b) The PCSA or PCPA failed to advise the adoptive parent(s) of the availability of AA.

(B) The child must meet all of the remaining eligibility requirements for AA that are in effect on the date the PCSA receives the JFS 01451 except for the timeliness standard which requires that a JFS 01451 be completed and a JFS 01453 be signed prior to a final decree of adoption.

(C) The PCSA or PCPA may meet the requirement to inform the adoptive parent(s) of AA by alerting potential adoptive parents of the availability of AA during a recruitment campaign (website, newspaper, flyer, etc). Advising an adoptive parent(s) is not required when the adoptive parent(s) is not known to the PCSA or PCPA for a special needs child who is not in the custody of the PCSA or PCPA.

(D) These procedures must be followed for AA eligibility to be considered after an adoption has been finalized:

(1) The adoptive parent(s) must submit a JFS 01451 to the PCSA:

(a) Which held permanent custody of the child prior to the adoption; or

(b) In the county in which the adoptive parent(s) resides, when one of the following apply:

(i) A private child placing agency (PCPA) had permanent custody of the child by court order or through the execution of a JFS 01666 “Permanent Surrender of Child” (rev. 12/2005) prior to the adoption; or

(ii) The social security administration determined the child eligible for the supplemental security income benefits prior to or at the time the adoption petition was filed and no PCSA held permanent custody of the child.

(2) At the time the JFS 01451 is submitted, the adoptive parent(s) must provide the PCSA with a copy of the child’s JFS 01616 “Social and Medical History” (rev. 09/1996) and the adoptive parent’s JFS 01673 “Ohio Department of Job and Family Services Assessment for Child Placement (Homestudy)” (rev. 08/2005), or JFS 01692 “Application for Adoption of a Foster Child” (rev. 01/2002), completed prior to the adoption of the child and the JFS 01673A “Ohio Department of Job and Family Services Child Characteristics Checklist for Foster Care and/or Adoption” (rev. 08/2005).

(3) Assure the child was adopted after October 1, 1982.

(E) The PCSA shall deny the JFS 01451 based on untimely submission and inform the adoptive parent(s) of their right to a state hearing.

(F) Upon receipt of the PCSA’s denial of the JFS 01451, the adoptive parent(s) may request a state hearing.

(G) If a state hearing decision determines that one or more of the circumstances set forth in paragraph (A)(1) of this rule were present, the PCSA shall determine eligibility for AA after finalization and negotiate a JFS 01453 with the adoptive parent(s).

(H) If all of the conditions set forth in paragraphs (B) and (D) of this rule are met, the effective date for current and future AA payments shall be the date on which the JFS 01453 is signed by the PCSA and the adoptive parent(s). Retroactive AA payments shall be made according to the payment rates in effect from the date of finalization until one day prior to the effective date of the current AA agreement.

Replaces: 5101:2-47-35

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 9/1/92, 5/1/98, 7/1/00, 2/15/02, 5/1/03

(A) The public children services agency (PCSA) responsible for the adoption assistance (AA) agreement shall provide the adoptive parent(s) with the JFS 01451B “Title IV-E Adoption Assistance Continuing Eligibility Determination” (10/2006) to be completed annually or whenever there is a significant change in the family situation. Within fourteen working days of receipt of the JFS 01451B the adoptive parent(s) shall complete and return the JFS 01451B to the PCSA.

(B) The adoptive parent(s) must notify the PCSA within five working days of the date of a change when:

(1) The child reaches the age of eighteen, or twenty-one if the child has a mental or physical handicap.

(2) The child has married, enlisted in the military service, or established his/her own residence.

(3) The child’s primary health care insurance coverage changes from medicaid to private health care insurance. The adoptive parent(s) shall complete a JFS 06612 “Health Insurance Information Sheet (rev. 05/2001) as a result of this change.

(4) The adoptive parent(s) is no longer supporting the child, pursuant to paragraph (D) of this rule, even though the child may still be living with the adoptive parent(s).

(5) The adoptive parent’s parental rights have been terminated by a court of competent jurisdiction or permanently surrendered to a PCSA or private child placing agency (PCPA).

(6) The family or the child moves.

(7) The child dies.

(8) The child is no longer living with the adoptive parent(s).

(C) The child continues to be eligible for AA if:

(1) The adoptive parent(s) continues to be legally responsible for the child’s support, and/or

(2) The child is receiving support from the adoptive parent, and/or

(3) The child is under eighteen, or twenty-one if physically or mentally disabled pursuant to rule 5101:2-49-04 of the Administrative Code.

(D) An adoptive parent(s) is supporting the child when the adoptive parent(s) provides the child with shelter, food, and clothing. A parent is generally responsible for the support of their minor child who is under eighteen or their physically and mentally disabled child who is under twenty-one. A parent is not legally required to support the child if the child is emancipated.

(1) A child becomes emancipated if the child:

(a) Marries,

(b) Enlists in the military services,

(c) Establishes his/her own residence,

(d) Is self-supporting by paying for shelter, food, and clothing even though he/she may still reside with his/her adoptive parent(s).

(E) Failure of the adoptive parent(s) to notify the PCSA of a change in the family’s situation or to comply with the determination of continuing eligibility requirements in accordance with this rule may result in the reduction of the child’s AA payment.

(F) If the child no longer meets the requirements for continuing eligibility for AA, the PCSA shall terminate the AA agreement.

Replaces: 5101:2-47-34

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/88, 5/1/94, 5/1/98

(A) Title IV-E adoption assistance (AA) payments shall be entered for the family through the statewide automated child welfare information system. The payment shall be in the form of a warrant or electronic funds transfer (EFT) made to the adoptive parent(s).

(B) If an overpayment or an underpayment of an AA payment occurs, the public children services agency (PCSA) shall take immediate action to correct either situation as soon as information is received which affects the payment.

(1) An underpayment for AA occurs when one of the following circumstances exists:

(a) The adoptive parent(s) of an AA child does not receive a payment to which the adoptive parent is entitled, or

(b) The adoptive parent(s) of an AA child receives a payment that is less than the amount to which the adoptive parent is entitled.

(2) An overpayment occurs when an adoptive parent(s) receives a payment or an amount of payment to which they are not entitled because of the following reasons:

(a) The payment was made in excess of the allowable amount, or

(b) The child for whom an AA payment was made was not eligible for such payment during the month for which payment was made.

(C) The PCSA is responsible for reviewing payment records for AA cases to determine if an overpayment has occurred. If an overpayment has occurred, the PCSA shall:

(1) Adjust the overpayment through the JFS 01659 “Title IV-E Auxiliary Payment Authorization” (rev. 01/2002) within three working days of notification that an overpayment has occurred. Adjustment of the AA payment must be effective on the first day of the month following the month in which the change occurred.

(2) Provide written notification to the adoptive parent(s) when an overpayment is found and identify what action the PCSA proposes to take with regards to the overpayment. The written notice must be in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(D) The PCSA shall take any adverse action regarding the financial status of an AA case in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(1) AA shall continue until a state hearing decision is issued if the state hearing is requested within the fifteen-day prior notice period.

(2) The PCSA shall take the adverse action if no timely appeal is made.

(3) The PCSA shall continue AA if a timely appeal is made and the hearing decision is favorable to the adoptive parent(s).

(4) The adoptive parent is not required to return AA payments received prior to the issuance of the state hearing decision if a timely appeal is made and the hearing decision is to terminate or adjust the AA payment.

(E) Documentation of the repayment for the overpayment and the adjustment for the underpayment must be retained in the AA case record.

(F) The PCSA must refer all cases to the county prosecutor in which there is probable cause to believe that the crime of fraud has been committed.

Replaces: Part of 5101:2-47-15

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 1/1/85 (Emer), 7/1/86, 7/2/87, 9/30/87 (Emer), 7/11/89, 9/1/88, 9/1/92, 5/1/98

(A) Prior to the expiration date of the JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006), the adoptive parent(s) and the public children services agency (PCSA) may by mutual agreement modify/amend the JFS 01453. The modified/amended agreement shall specify the duration of the agreement and shall meet all other requirements of rule 5101:2-49-03 of the Administrative Code.

(B) At any time during the duration of the JFS 01453, the adoptive parent(s) and the PCSA may agree to modify/amend the payment amount or provision for services. Any modification/amendment of the Title IV-E adoption assistance (AA) payment amount or provision of services must be made by mutual agreement between the adoptive parent(s) and the PCSA based on the needs of the child and the circumstances of the adoptive family. When the parties concur upon a change in the AA payment amount, a modified/amended agreement shall be completed and signed by both the adoptive parent(s) and the PCSA. A copy shall be given to the adoptive parent(s) and a copy shall be retained by the PCSA. The modified/amended agreement shall meet all requirements of rule 5101:2-49-10 of the Administrative Code.

(C) In cases where the PCSA and the adoptive parent(s) cannot agree on the amount of AA that should be provided, they may complete a JFS 01453 for a mutually acceptable level of AA payment while negotiations continue or the adoptive parent(s) request a state hearing.

(D) A PCSA shall not modify the amount of the AA payment without prior notification and agreement by the adoptive parent(s) unless the adoptive parent(s) does not comply with the requirements to determine continuing eligibility requirements pursuant to rule 5101:2-49-10 of the Administrative Code. In all other cases the PCSA shall not modify the amount of the AA payment without prior notification and agreement by the adoptive parent.

(E) When the PCSA proposes to terminate the AA agreement, the PCSA must provide the adoptive parent(s) with written notice of the proposal and of the right to a state hearing.

(F) When the adoptive parent(s) requests a modification/amendment of the AA payment specified in an existing agreement and the PCSA denies the request, the PCSA must provide the adoptive parent(s) with written notice of the denial and of the right to a state hearing.

Replaces: 5101:2-47-38

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/92, 5/1/98

(A) Title IV-E adoption assistance (AA) shall be terminated in any of the following circumstances.

(1) The first of the month following the month of the child’s eighteenth birthday; or the first of the month following the month of the child’s twenty-first birthday, when the child has a mental or physical disability diagnosed by a qualified professional.

(2) If the child is no longer receiving support from the adoptive parent(s) as defined in paragraph (B) of this rule.

(3) If the adoptive parent(s) is no longer legally responsible for supporting the child as defined in paragraph (B) of this rule.

(4) If a court of competent jurisdiction has terminated the parental rights of the adoptive parent(s) or the adoptive parent(s) has voluntarily surrendered their parental rights.

(5) If the adoptive parent(s) requests termination of the AA benefits.

(6) If the adoptive placement disrupts prior to finalization.

(7) If the adoptive parent(s) dies.

(8) If the child dies.

(B) An adoptive parent(s) is supporting the child when the adoptive parent(s) provides the child with shelter, food, and clothing. Parents are generally responsible for the support of their minor child who is under eighteen years of age or their physically or mentally disabled child who is under the age of twenty-one. A parent is not legally required to support the child if the child is emancipated.

(C) A child becomes emancipated if the child:

(1) Marries.

(2) Enlists in the military service.

(3) Establishes his/her own residence.

(4) Is self-supporting by paying for shelter, food, and clothing even though he/she may still reside with his/her adoptive parent(s).

(D) If one of the circumstances listed in paragraph (A) of this rule is applicable, the public children services agency (PCSA) which has the AA case management responsibility shall propose termination of AA. This applies even though the time specified in the AA agreement has not expired.

(1) If a timely state hearing is requested in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, AA shall continue until a state hearing decision is issued.

(2) If no timely appeal is made, AA shall be terminated. Following termination, the child loses all eligibility for future AA as long as he is legally a member of the same adoptive family.

(3) If a timely appeal is made and the hearing decision is favorable to the adoptive parent(s), AA shall continue in accordance with the term of the AA agreement or a new agreement may be entered into by mutual agreement.

(4) If a timely appeal is made and the hearing decision is to terminate the AA, the adoptive parent(s) is not required to return the AA payments received prior to the issuance of the state hearing decision.

(E) When the PCSA which has the AA case management responsibility has proposed termination of AA, the PCSA shall send a JFS 01958 “Referral for Continuing Eligibility Review” (06/2003) to the county department of job and family services (CDJFS) located in the county in which the adoptive parent(s) resides, in compliance with the medicaid pre-termination review in accordance with rule 5101:1-40-02.3 of the Administrative Code.

Replaces: 5101:2-47-41

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 5/1/98, 2/15/02

(A) A retroactive Title IV-E adoption assistance (AA) payment shall be approved by the Ohio department of job and family services (ODJFS) when a child is determined eligible for AA after a final decree of adoption and a JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) for future AA payments is negotiated and completed.

(B) A retroactive AA payment shall be treated separately from any current or future AA benefits negotiated between the adoptive parent(s) and the agency after a final decree of adoption. The amount and type of any future AA benefits shall be determined in the same manner as AA benefits negotiated prior to a final decree of adoption and shall begin with the signing of the AA agreement.

(C) The amount of the retroactive AA payment approved per eligible child by ODJFS shall be determined as follows:

(1) For adoptions finalized before September 1, 1988, the total amount of AA that would have been eligible for federal financial participation (FFP) had the child been eligible for AA payments from the date of the final decree of adoption to the date on which the AA agreement was completed putting current AA payments into effect.

(2) For adoptions finalized on or after September 1, 1988, the total amount of AA that would have been eligible for FFP had the child been eligible for AA payments from the date on which the petition for adoption was filed with the court to the date on which the AA agreement was completed putting current AA payments into effect.

(D) If a retroactive AA payment is approved for a month in which a supplemental security income payment was made on behalf of the child, the social security administration must be notified.

(E) No retroactive AA payment shall be approved for a month in which a state adoption maintenance subsidy payment was made after January 12, 1992.

(F) Upon determining the eligibility of the child for future AA payments and negotiating a completed AA agreement for future AA, the PCSA shall notify the adoptive parent(s) that retroactive AA payments have been approved for the child using the JFS 01454 “Approval and Agreement for Title IV-E Retroactive Adoption Assistance Payments” (rev. 10/2006).

(G) The terms of the retroactive AA payment shall be set forth in the JFS 01454 and shall include the following information:

(1) A statement indicating that as a result of a state hearing the child has been determined eligible for the AA program and has been approved for retroactive AA payments.

(2) The child’s name and the name(s) of the adoptive parent(s).

(3) The address of the adoptive parent(s).

(4) The child’s date of birth.

(5) The name and address of the agency holding permanent custody of the child prior to the adoption, and the name and address of the PCSA that determined the child eligible for AA in cases where the PCSA did not hold permanent custody.

(6) The date of the adoptive placement.

(7) The date the petition for adoption was filed with the court.

(8) The date of the final decree of adoption.

(9) A description of the special needs that continued or manifested themselves after final decree of adoption, the severity of those needs, the treatment services required to meet the special needs and the financial burden on the family in attempting to meet the child’s care or special needs without AA.

(10) The total amount of retroactive AA payment to be awarded to the adoptive parent(s) and an explanation showing how the total was derived based on a month to month calculation of the amount of AA that would have been eligible for FFP had the child been eligible for AA during the appropriate time period in paragraph (C) of this rule.

(H) After the JFS 01451 “Title IV-E Adoption Assistance Application” (rev. 10/2006) and the JFS 01454 have been completed, the PCSA shall enter the applicable events in the statewide automated child welfare information system to reflect dates and monthly payment amounts covered by the period of the retroactive payment approval. The amount of the retroactive AA payment shall be requested through the JFS 01659 “Title IV-E Auxiliary Payment Authorization” (rev. 01/2002).

(I) The PCSA shall provide the adoptive parent(s) with a copy of the completed JFS 01454.

(J) In accordance with the completed AA agreement, the PCSA shall retain a copy of the state hearing decision, administrative appeal decision or judicial determination rendered that determined the child either met the eligibility for AA or ordered the PCSA to reconsider eligibility for AA. The agency shall also retain a copy of the JFS 01451 and the JFS 01453 setting forth the provision for future AA payments.

Replaces: 5101:2-47-39

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 12/11/93, 5/1/98, 7/1/00

(A) The public children services agency (PCSA) shall maintain a separate case record for each adoption assistance (AA) case.

(B) The case record shall contain documentation which supports the PCSA’s actions in determining initial and continuing eligibility for AA. The case record shall include the following information, when applicable:

(1) A copy of the signed JFS 01451 “Title IV-E Adoption Assistance Application” (rev. 10/2006).

(2) A copy of the signed JFS 01451A “Title IV-E Adoption Assistance Eligibility Determination” (10/2006).

(3) A copy of the PCSA’s petition to the court which led to the child’s removal from the home of a specified relative.

(4) A copy of the court order which resulted in the child’s removal from a specified relative’s home and which contains a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child and that placement is in the best interest of the child.

(5) A copy of the signed JFS 01645 “Agreement for Temporary Custody of Child” (rev. 08/2001) along with a copy of a court determination that continuation in the home would be contrary to the welfare of the child and that the placement is in the best interest of the child.

(6) A copy of the court order committing the child to the permanent custody of an Ohio PCSA or Ohio private child placing agency (PCPA), or a copy of the JFS 01666 “Permanent Surrender of Child” (rev. 12/2005). In cases where the child initially entered permanent custody as the result of the execution of a JFS 01666, there must also be a copy of a court determination that continuation in the home would be contrary to the welfare of the child and that the placement is in the best interest of the child.

(7) A copy of the signed JFS 01654 “Adoptive Placement Agreement” (rev. 08/2001).

(8) Child study inventory.

(9) A copy of the JFS 01616 “Social and Medical History” (rev. 09/1996).

(10) A copy of the JFS 01673 “Assessment for Child Placement (Homestudy)” (rev. 08/2005).

(11) A copy of the JFS 01673A “Ohio Department of Job and Family Services Child Characteristics Checklist for Foster Care and/or Adoption” (rev. 08/2005).

(12) A copy of the JFS 01689 “Documentation of the Placement Decision-Making Process” (rev. 02/2005).

(13) A copy of the JFS 01692 “Application for Adoption of a Foster Child” (rev. 01/2002).

(14) If the basis for determination of AA eligibility is meeting supplemental security income (SSI) eligibility requirements, a copy of the SSI voucher or a copy of any other official documentation verifying SSI eligibility.

(15) If the basis for determination of AA eligibility is ADC-relatedness, copies of all documentation used for the determination.

(16) If the basis for eligibility determination for AA is that a child’s cost in a foster home or residential child care facility are covered by the Title IV-E foster care maintenance (FCM) payments being made for the child’s minor parent, the documentation of inclusion of the costs in the FCM payment for the minor parent.

(17) If the basis for eligibility determination for AA is that the child was placed in the custody of the PCSA as a result of a JFS 01645 and the child is in receipt of Title IV-E FCM payments, documentation of receipt of the FCM payments.

(18) A copy of the JFS 06612 “Health Insurance Information Sheet” (rev. 05/2001) as completed by the adoptive parent(s).

(19) A copy of the adoption petition filed with the court.

(20) A copy of the final decree of adoption.

(21) A copy of the signed JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) between the adoptive parents and the PCSA.

(22) Documentation of eligibility for AA in a prior finalized adoption.

(23) Copies of the signed JFS 01451B “Title IV-E Adoption Assistance Continuing Eligibility Determination” (10/2006).

(24) A copy of the documentation evidencing repayment of any identified AA overpayment.

(25) A copy of state hearing, administrative appeal and judicial review information.

(C) For applications received from an adoptive parent(s) who resides out of state, the case record shall include a copy of forms which contain, at a minimum, the information required by the JFS 01673, JFS 01692 and child study inventory.

(D) In order to protect confidentiality of adoption records, the dates of the documents listed in paragraph (B) of this rule may be included in the AA case record in place of copies of the court order, JFS 01645, JFS 01666, or petition for adoption. Provision of these dates by the PCSA shall be recognized as evidence that copies of the legal records exist. The following information shall be provided on the child services agency (CSA) or PCPA’s letterhead.

(1) Each document must be clearly identified.

(2) The effective date of each record.

(3) The PCSA representative’s signature, confirming that the record is on file at the PCSA.

(E) When applicable, the PCSA shall contact the PCPA which placed the child for adoption in order to obtain verification of the date of the documents listed in paragraph (B) of this rule. Documentation of these dates by the PCPA shall be recognized as evidence that copies of the legal records exist. The following information shall be provided on the PCPA’s letterhead.

(1) Each record must be clearly identified.

(2) The effective date of each record.

(3) The PCPA representative’s signature confirming that the record is on file at the PCPA.

(4) Preadoptive identifying information which is needed to establish eligibility for AA.

(F) The PCSA/PCPA shall use the preadoptive identifying information when contacting the public assistance benefits eligibility/referral specialists to request pertinent information on file, or when contacting the social security administration to request pertinent information about the child’s eligibility for SSI. The PCSA shall not provide any information about the child’s new identity or present situation.

Replaces: 5101:2-47-10

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/88, 5/1/94, 5/1/98

(A) A child eligible for Title IV-E adoption assistance (AA), is eligible for Title XIX medicaid coverage beginning with the effective date of the JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006), regardless of whether AA payments are actually being made or an interlocutory order or a final decree of adoption has been entered into.

(B) The public children services agency (PCSA) shall inform the adoptive parent(s) that they must immediately notify the PCSA when they are moving to another county or state. The parent(s) must cooperate with the PCSA to assure that a move out-of state complies with all applicable interstate requirements for placement. Failure to notify the PCSA may result in the interruption of Title XIX medical coverage.

(C) For adopted children with an AA agreement in effect who move or reside out-of state, the following shall apply:

(1) After the PCSA is notified by the adoptive parent(s) that the AA eligible child is moving to or residing in another state within twenty working days, the following actions must be taken in order to transfer Title XIX medical coverage to the state of residence:

(a) The PCSA shall provide written notification to the adoptive parent(s) of Ohio’s intent to terminate the Title XIX medical coverage. Notification shall, at a minimum, include all of the following:

(i) The effective termination date of Ohio’s Title XIX medical coverage;

(ii) A completed JFS 04065 “Prior Notice of Right To A State Hearing” (05/2001);

(iii) A statement that the child will continue to receive AA payments from Ohio or, if no payments are being made, a statement that the JFS 01453 remains in effect and Title XIX medical coverage will be provided by the state in which the child resides.

(b) The PCSA must provide written notification of the date Ohio’s Title XIX medical coverage will be terminated to the responsible Title XIX medical authority in the state in which the AA eligible child resides.

(c) The PCSA shall request that it be notified in writing by the Title XIX medical authority in the receiving state of the effective date of the child’s Title XIX medical coverage.

(d) When the out-of-state agency begins Title XIX coverage, the Ohio PCSA must terminate the medical coverage in the statewide automated database system.

(2) No less than annually, the PCSA shall provide the responsible Title XIX medical authority in the state where the child resides with written verification that the child meets the continuing eligibility requirements for AA. If the PCSA determines the child does not meet the continuing eligibility requirements, it must take the following actions within twenty working days:

(a) The PCSA must notify the adoptive parent(s) in writing of Ohio’s intent to terminate AA. Notification at a minimum must include the following:

(i) The effective termination date of Ohio’s JFS 01453, and

(ii) A completed JFS 04065.

(b) Unless the adoptive parent(s) requests a state hearing the PCSA must terminate AA eligibility in the statewide automated child welfare information system.

(c) The PCSA must provide written notification of the date Ohio intends to terminate AA to the responsible Title XIX medical authority in the state where the child is placed or residing.

(D) For adopted children with out-of-state AA agreements in effect who move to or reside in Ohio, the following shall apply:

(1) The child is automatically eligible for Title XIX medical coverage provided by Ohio.

(2) Within twenty working days after being notified by the adoptive parent(s) or another state that a child for whom an out-of state AA agreement is in effect is residing in or is moving to Ohio, the PCSA in the county in which the child resides must take the following actions to transfer Title XIX medical coverage:

(a) Obtain, at a minimum, the following information from the adoptive parent(s), the agency with Title IV-E case management responsibility, and/or the responsible Title XIX authority:

(i) The child’s name, social security number, date of birth, and address.

(ii) The name of adoptive parent(s).

(iii) The address where the medical card should be sent.

(iv) Verification of eligibility for AA.

(v) A copy of the sending state’s adoption assistance agreement.

(vi) The name, address and telephone number of a contact person in the state with Title IV-E case management responsibility.

(vii) The termination date of Title XIX medical coverage in the state with Title IV-E case management responsibility or the state where the child moved.

(viii) Any additional information regarding other health insurance coverage the child may have, including third-party liability.

(b) Enter appropriate Consolidated Omnibus Budget Reconciliation Act (COBRA) AA events in the family and child statewide automated child welfare information system that authorizes medical coverage.

(c) Provide written notification to the responsible Title XIX medical authority in the state from where the child moved of the effective date Ohio Title XIX medical coverage will begin.

(d) Complete the JFS 06612 “Health Insurance Information Sheet” (rev. 05/2001) if there is information that the child is covered by a private health insurance plan.

(3) No less than annually, the PCSA in the county in which the child resides shall request verification from the Title IV-E case management agency which entered into the out-of-state AA agreement, that the continuing eligibility requirements for AA are met. Upon notification from the Title IV-E case management agency that the child does not meet the AA continuing eligibility requirements the PCSA shall:

(a) Send a JFS 01958 “Referral for Continuing Eligibility Review” (rev. 06/2003) to the county department of job and family services (CDJFS) which has the medicaid case management responsibility, in compliance with the medicaid pre-termination review process in accordance with rule 5101:1-38-01.1 of the Administrative Code.

(b) Verify that the CDJFS has authorized medicaid eligibility in the statewide automated child welfare information system prior to termination of the Title IV-E medicaid eligibility.

(4) The PCSA shall maintain a separate case record for each AA eligible child who resides in Ohio. At a minimum, the case record shall contain all of the information required in paragraph (D) of this rule for all adopted children with out-of-state AA agreements in effect who move to or reside in Ohio.

Replaces: 5101:2-47-06

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 7/2/87, 9/30/87 (Emer), 12/27/87, 5/1/98

(A) Each public children services agency (PCSA), private child placing agency (PCPA), and private non-custodial agency (PNA) shall notify all persons who inquire about adoption services through their agency of the availability of funds for the reimbursement of nonrecurring adoption expenses and the application process.

(B) Nonrecurring adoption expenses means reasonable and necessary adoption fees, court cost, attorney fees, and in accordance with paragraph (C) of this rule, other expenses directly related to the legal adoption of a child with special needs, as defined in rule 5101:2-49-03 of the Administrative Code for whom a final decree of adoption has been issued. These expenses cannot be incurred in violation of state or federal law and cannot be reimbursed from other sources or funds.

(C) Other expenses directly related to the legal adoption of a child with special needs refers to the cost of adoption incurred by or on behalf of the adoptive parent(s) and for which the adoptive parent(s) carries the ultimate liability for payment. These expenses include costs related to:

(1) The adoption homestudy,

(2) Health and psychological examinations,

(3) Supervision of the placement prior to the final decree of adoption,

(4) Attorney fees and court costs,

(5) Reasonable cost of transportation, lodging, and food for the child and/or adoptive parent(s) when necessary to complete the placement or adoption process.

(D) The PCSA, PCPA, or PNA shall inform an adoptive parent(s) who inquires about adoption services through their agency that the JFS 01421 “Application for Reimbursement of Nonrecurring Adoption Expenses” (rev. 09/2006) must be submitted to the appropriate PCSA and approved prior to the final decree of adoption. The JFS 01421 cannot be considered for approval retroactively.

(E) The JFS 01438, “Agreement for Payment of Reimbursement for Nonrecurring Expenses Incurred in the Adoption of a Special Needs Child” (rev. 08/2009) must be signed by the adoptive parent(s) and the agency prior to the final decree of adoption. A final decree of adoption by a foreign country constitutes the final decree of adoption. The agreement shall indicate the amount and details of the nonrecurring expenses. The JFS 01438 cannot be entered into retroactive to the final decree of adoption.

(F) The PCSA shall not consider the race, color, or national origin of an adoptive family or of the child for whom a family has indicated an interest in adopting, when entering into a JFS 01438.

(G) When siblings are placed for adoption, either separately or together, each child shall be treated as an individual. A separate JFS 01421 and JFS 01438 shall be executed for each child and Ohio department of job and family services (ODJFS) shall make payment or reimbursement for such expenses available up to one thousand dollars for each child.

(H) No income eligibility requirement (means test) shall be applied to the adoptive parent(s) in determining whether payment or reimbursement for nonrecurring adoption expenses shall be made.

(I) In order for a PCSA to enter into an agreement for the reimbursement of non-recurring adoption expenses the child must be determined a child with special needs prior to the final decree of adoption.

(J) The adoptive parent(s) shall submit to the PCSA a request for payment or reimbursement and proof of the expenditures for nonrecurring expenses incurred in the adoption of a special needs child within two years of the final decree of adoption.

(K) Payment or reimbursement for nonrecurring adoption expenses of a special needs child shall be available up to one thousand dollars per child per adoption. A child is considered special needs if all three of the following criteria are met prior to the final decree of adoption.

(1) The PCSA has determined that the child cannot or should not be returned to the home of his parents. This determination shall be made based on the PCSA’s obtaining one of the following:

(a) An order from a court of competent jurisdiction terminating parental rights;

(b) A petition for termination of parental rights;

(c) A signed relinquishment by the birth parent.

(2) The PCSA has determined that the child meets the special needs criteria, as defined in rule 5101:2-49-03 of the Administrative Code. The child need not meet other categorical eligibility requirements of Title IV-E adoption assistance.

(3) In accordance with rule 5101:2-49-10 of the Administrative Code, the PCSA has determined that in each case a reasonable but unsuccessful effort was made to place the child with an appropriate adoptive parent(s) without providing reimbursement of nonrecurring adoption assistance or the PCSA has determined that this requirement shall be waived as described in rule 5101:2-49-10 of the Administrative Code.

(L) When an JFS 01453 “Adoption Assistance Agreement” (rev. 09/2006) is in effect, application for reimbursement of nonrecurring adoption expenses shall be made to the PCSA with which the adoptive parent(s) entered into the AA agreement. The JFS 01438 shall be incorporated as an addendum to the AA agreement.

(M) If a JFS 01453 has not been executed, all of the following shall apply:

(1) Prior to the final decree of adoption, the adoptive parent(s) shall submit a JFS 01421 for reimbursement of nonrecurring adoption expenses to the PCSA in the county in which they reside.

(2) At the time of application and prior to the final decree of adoption, the adoptive parent(s) shall provide the PCSA with:

(a) A copy of the JFS 01616 “Social and Medical History” (rev. 09/1996) completed on the child for whom the request is being made; and

(b) A copy of the adoptive parent’s completed JFS 01673 “Assessment for Child Placement (Homestudy)” (rev. 08/2005) or a completed JFS 01692 “Application for Adoption of a Foster Child” (rev. 01/2002) and a JFS 01673A “Ohio Department of Job and Family Services Child Characteristics Checklist for Foster Care and/or Adoption” (rev. 08/2005).

(3) Failure to provide a completed JFS 01616, JFS 01692, JFS 01673 and JFS 01673A shall result in the denial of the JFS 01421. Failure of prospective adoptive parent(s) adopting internationally to provide a copy of a social and medical history completed in the child’s country of origin and a copy of the homestudy narrative report shall result in the denial of the JFS 01421.

(N) When the child is placed for adoption from Ohio into another state, the following apply:

(1) If a PCSA has entered into a JFS 01453 or has custody of the child, that PCSA is responsible for the determination of eligibility for reimbursement of nonrecurring adoption expenses and payment of allowable nonrecurring adoption expenses if the child is eligible.

(2) If a JFS 01453 is not in effect or a PCSA does not have custody of the child, the children services agency (CSA) in the state in which the adoptive parent(s) live is responsible for the determination of eligibility. The PCSA shall inform the adoptive parent(s) what documentation is required.

(3) If a PCPA has custody of the child, that agency is responsible for providing all required information and documentation to the PCSA responsible for the determination of eligibility.

(4) If a PCSA or PCPA does not have custody of the child, the adoptive parent(s) is responsible for providing all required information and documentation to the PCSA responsible for the determination of eligibility. The PCSA shall inform the adoptive parent(s) of the required documentation.

(O) When the child is placed for adoption from another state into Ohio, the following apply:

(1) If the PCSA has entered into a Title IV-E AA agreement or has custody of the child, that agency is responsible for the determination of eligibility for reimbursement of nonrecurring adoption expenses and payment of allowable nonrecurring adoption expenses if the child is eligible.

(2) If the state public agency has not entered into a Title IV-E AA agreement or does not have custody of the child, the Ohio PCSA in the county in which the adoptive parent(s) resides is responsible for the determination of eligibility for reimbursement of nonrecurring adoption expenses and payment of allowable nonrecurring adoption expenses if the child is eligible.

(3) If a private child placing agency has custody of the child, that agency is responsible for providing all required information and documentation to the Ohio PCSA in the county in which the adoptive parent(s) resides for the determination of eligibility.

(4) If a public or private child placing agency does not have custody of the child, the adoptive parent(s) is responsible for providing all required information and documentation to the Ohio PCSA in their county of residence for the determination of eligibility. The PCSA shall inform the adoptive parents(s) of the required documentation.

(P) If the child for whom the request is made for reimbursement of nonrecurring adoption expenses will be adopted internationally:

(1) Prior to final decree of adoption issued by the foreign country, the family shall submit the JFS 01421 and all required documentation to the PCSA in the county where the adoptive parent(s) resides.

(2) In lieu of the JFS 01616, JFS 01673 and the JFS 01692, the adoptive parent(s) shall provide the PCSA a copy of the homestudy narrative report, and a copy of a social and medical history report completed in the child’s country of origin by the placing entity at the time of application and prior to the final decree of adoption issued by the foreign country. A PCSA shall deny the application if the applicant does not supply a homestudy narrative report and social and medical history report completed by the placing entity in the child’s country of origin prior to the final decree of adoption issued by the foreign country.

(Q) A stepparent adopting a special needs child shall not be eligible to receive payment or reimbursement for nonrecurring adoption expenses if a biological parent is also present in the home. If a biological parent is not present due to death, divorce, or abandonment of the child, the stepparent shall receive payment or reimbursement for the nonrecurring adoption expenses if all other provisions of this rule are met.

(R) For each JFS 01438 executed, the PCSA shall maintain documentation in the child’s case record to verify compliance with this rule.

(S) The state hearing policies and procedures contained in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code apply to individuals applying for benefits under this rule.

Effective: 08/10/2009

Promulgated Under: 119.03

Statutory Authority: 5101.141

Rule Amplifies: 5101.11

Prior Effective Dates: 4/3/89 (Emer), 6/18/89, 5/1/98, 7/1/00, 2/15/02, 1/01/07

(A) Title IV-E adoption assistance (AA) intercounty and interstate case management changes shall be handled as follows:

(1) The JFS 01453 “Adoption Assistance Agreement” (rev. 10/2006) remains in effect even though the adoptive parent(s) and the adopted child move to another county or state. The responsibility for management of the AA case remains with the Ohio public children services agency (PCSA) that entered into the agreement prior to the move.

(2) If the adoptive parent(s) and the adopted child for whom an Ohio-executed JFS 01453 is in effect reside in or move to another state, the child will be provided Title XIX and Title XX services by the state in which the child resides.

(3) If the adoptive parent(s) and the adopted child for whom an JFS 01453 is in effect reside in or move to another Ohio county, the child will be provided with Title XX services, as specified in the JFS 01453 by the county where the child resides. If any of the Title XX services specified in the AA agreement are not available in the Title XX plan in the county where the child resides or has moved, the PCSA which entered into the agreement shall be responsible for providing or securing those services.

(4) Nothing shall prohibit the adoptive parent(s) of a child for whom an AA agreement is in effect from seeking Title XX services available in the Title XX social service plan in the county of residence, even if the services are not already specified in the AA agreement. The adoptive parent(s) may:

(a) Apply for the Title XX services in the county where they reside;

(b) Seek to modify or amend the child’s JFS 01453.

(5) At the request of the PCSA who is the Title IV-E AA case management agency, the PCSA in the county of residence shall assist both the Title IV-E case management agency and the adoptive parent(s) in completing the JFS 01451 “Adoption Assistance Application” (rev. 10/2006) or the JFS 01451B “Adoption Assistance Continuing Eligibility Determination” (10/2006) and/or the JFS 01453.

(6) In the event that the adoptive parent(s) and the adopted child move out of state, the PCSA with the case management responsibility shall comply with any interstate requirements. The PCSA may ask the children services agency (CSA) in the new state to document the adoptive parent(s) present situation and to assist the adoptive parent(s) in completing all required forms.

Replaces: Part of 5101.2-47-04

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 5/1/98

(A) Effective August 22, 1996, Title IV-E adoption assistance (AA) payments as defined in Chapter 5101:2-49 of the Administrative Code may be paid on behalf of a child who meets the definition of a qualified alien in rule 5101:2-1-01 of the Administrative Code.

(B) A child who is a qualified alien, entering the United States on or after August 22 1996, and is placed for adoption shall be required to live in the United States for five years before there is eligibility for AA. Pursuant to section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), a child, who is in one of the following accepted categories, is exempted from the residency requirement.

(1) A child placed with an adoptive parent who is a United States citizen or a qualified alien.

(2) A child who is a qualified alien receiving AA pursuant to a JFS 01453 “Adoption Assistance Agreement” signed prior to August 22, 1996, continues to be eligible for the AA.

(3) An alien admitted to the United States as a refugee under the Immigration and Nationality Act (INA).

(4) An alien whose deportation is being withheld under the INA.

(5) Cuban/Haitian entrants, as defined in Section 501(c) of the Refugee Education Assistance Act of 1988, Pub. L. No. 96-422.

(6) Amerasian immigrants admitted to the United States pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, Pub. L. No. 100-202.

(C) In addition to meeting the requirements of paragraph (B) of this rule, a child who is a qualified alien is eligible to receive AA payments if both of the following are met:

(1) The child is disqualified under section 245A(h), 210(f) of the INA from meeting eligibility requirements for aid to dependent children (ADC) program in effect on July 16, 1996, as defined in rule 5101:2-47-14.1 of the Administrative Code:

(a) In the month in which a JFS 01645 “Agreement for Temporary Custody of Child” (rev. 12/2005) was entered into;

(b) In the month a JFS 01666 “Permanent Surrender of Child” (rev. 12/2005) was entered into;

(c) In the month court proceedings leading to the removal of the child from the home of a specified relative were initiated.

(2) The child meets all other eligibility requirements of Chapter 5101:2-49 of the Administrative Code.

(D) An individual who meets the definition of a qualified alien in rule 5101:2-1-01 of the Administrative Code, is eligible to become an adoptive parent and receive AA payments and services for an eligible child.

(E) An individual who does not meet the definition of qualified alien in rule 5101:2-1-01 of the Administrative Code is an unqualified alien. An unqualified alien is eligible to become an adoptive parent and receive AA payments and services for an eligible child who entered the United States on or after August 22, 1996, if the child is a United States citizen or is in one of the accepted groups as defined in paragraph (B) of this rule, or has lived in the United States as a qualified alien for five years.

(F) A child who is a qualified alien and is eligible for AA shall be eligible for Title XIX medicaid coverage.

(G) Citizenship or immigration status must be verified:

(1) For children in receipt of AA payments.

(2) For the adoptive parent(s) with whom the qualified alien child is placed.

Replaces: Part of 5101:2-47-03.1

Effective: 01/01/2007

R.C. 119.032 review dates: 08/31/2011

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

Prior Effective Dates: 2/15/02