Chapter 5101:2-49 IV-E Adoption Assistance

5101:2-49-01 Administration of the adoption assistance program.

(A) The public children services agency (PCSA) shall be responsible for the administration of the Title IV-E adoption assistance (AA) program. Administrative expenditures can be claimed for reimbursement only if Title IV-E AA is a direct responsibility of the PCSA. The PCSA shall be responsible for:

(1) Ensuring the proper administration of funds, allocated or reimbursed.

(2) Determining initial and continuing eligibility for AA program services.

(3) Maintaining a separate AA case record for each program eligible child for whom a PCSA has entered into an AA agreement.

(4) Service planning and increasing the opportunities for adoption of children with special needs who are free for adoption.

(a) Encouraging and increasing the opportunities for adoption of children with special needs who are free for adoption.

(b) Ensuring that all possibilities for an adoptive home without the assistance of AA are explored.

(c) AA case management.

(d) Pre-finalization and the provision or referral for post-finalization adoption services.

(B) Prior to finalization of the adoption, the public children services agency (PCSA) shall provide and assist the adoptive parent(s) of a child placed by that PCSA with a JFS 01451 "Adoption Assistance Application" (rev. 1/2014) and the JFS 04059 "Explanation of State Hearing Procedures" (rev.10/2008) .

(C) The adoptive parent(s) may apply for Title IV-E adoption assistance (AA) only after both of the following have occurred.

(1) The homestudy has been approved in accordance with rules 5101:2-48-11 , 5101:2-48-11.1, 5101:2-48-12, and 5101:2-48- 12.1 of the Administrative Code.

(2) A child has been matched with an adoptive parent(s) in accordance with rule 5101:2-48-16 of the Administrative Code by an agency with such authority. If the child is placed for adoption in Ohio from another state, the Ohio agency shall use the other state's documentation to meet the matching requirements.

(D) A stepparent may apply for AA only if a biological parent(s) 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 calendar days pursuant to section 2151.011 of the Revised Code.

(E) Prior to the finalization 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 one of the following applies:

(a) 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.

(b) The child is placed by a private child placing agency (PCPA) having permanent custody of the child.

(c) The child is placed for adoption in Ohio from another state and that state's public children services agency does not have responsibility for placement and care of the child.

(3) 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) shall apply at 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 shall be responsible for determining the child's eligibility for AA, if the child is eligible, entering into the AA agreement, and issuing the AA payment.

(F) If an Ohio PCPA holds permanent custody of a child as a result of a JFS 01666 "Permanent Surrender of Child" (rev. 10/2013), the following requirements shall be met:

(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), the PCPA shall provide the PCSA with the following:

(a) A copy of the JFS 01616 "Social and Medical History" (rev. 6/2009) completed on the child for whom the subsidy is being requested.

(b) A copy of one of the following homestudies:

(i) JFS 01673 "Assessment for Child Placement (homestudy)" (rev. 6/2011).

(ii) A copy of the JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009).

(iii) The out of state approved homestudy forms for an adoptive parent(s) residing out of state.

(G) The PCSA shall complete the adoption assistance eligibility determination in the statewide automated child welfare information system (SACWIS) and approve or deny the application within thirty working days after a completed application and all required documentation are provided to the PCSA.

(H) The PCSA may obtain written verification and information to assist in determining AA eligibility from a variety of sources including:

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

(2) The social security administration.

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

(4) The court records.

(5) The adoptive parent(s).

(I) The PCSA shall request verification from the adoptive parent(s) and have the adoptive parent(s) complete the JFS 06612 "Health Insurance Information Sheet" (rev. 5/2001) at anytime the adoptive parent(s) acquires health care insurance coverage for the child.

(J) In accordance with federal requirements, the PCSA may not add any language to the AA agreement that makes the agreement subject to the availability of funds.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
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, 1/1/07, 4/1/10, 12/15/11

5101:2-49-02 Adoption assistance eligibility criteria.

(A) A child is eligible for Title IV-E adoption assistance (AA) if, prior to the finalization of the adoption the public children services agency (PCSA) finds all of the following:

(1) The adoptive parent(s) has an approved homestudy in accordance with rules 5101:2-48-11 , 5101:2-48-11.1, 5101:2-48-12 and 5101:2-48- 12.1 of the Administrative Code.

(2) The child has been matched with an adoptive parent(s) in accordance with rule 5101:2-48-16 of the Administrative Code. If the child is placed for adoption in Ohio from another state, the Ohio agency shall use the other state's documentation to meet the matching requirements except as specified in paragraph (E) of this rule.

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

(4) The child meets the requirements of a child with special needs as defined in rule 5101:2-49-03 of the Admininstrative Code.

(5) The child meets the requirements for an applicable child as defined in paragraphs (B) and (C) or non-applicable child as defined in paragraph (D) of this rule.

(B) The child must be a citizen or resident of the United States, and will be adopted in the United States and must meet one of the three following requirements to be an applicable child in paragraphs (B)(1) to (B)(3) of this rule along with one of the four applicable child eligibility requirements in paragraphs (C) (1 ) to (C)(4) of this rule:

(1) Prior to finalization of adoption the PCSA and the adoptive parent(s) entered into an AA agreement and the child meets the following age requirements:

(a) During October 1, 2013 to September 30, 2014, the child turned eight years of age or was older than eight.

(b) During October 1, 2014 to September 30, 2015, the child turned six years of age or was older than six.

(c) During October 1, 2015 to September 30, 2016, the child turned four years of age or was older than four.

(d) During October 1, 2016 to September 30, 2017, the child turned two years of age or was older than two.

(e) On or after October 1, 2017, all children regardless of their age meet the applicable child age requirement.

(2) The child has been in the custody of a PCSA, public child placing agency (PCPA), or a tribe for sixty consecutive months.

(3) The child is a sibling placed in the same adoptive home as his or her sibling who meets the applicable child eligibility criteria in paragraph (B)(1) or (B)(2) of this rule.

(C) An applicable child as defined in paragraphs (B)(1) to (B)(3) of this rule must also meet one of the four applicable child adoption assistance eligibility requirements:

(1) The child, at the time of the initiation of adoption proceedings, was in the care of a PCSA, PCPA or tribe pursuant to:

(a) A judicial determination to the effect that it was contrary to the child's welfare to remain in the home at any time prior to the finalization of adoption; or

(b) A JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) or JFS 01666 "Permanent Surrender of Child "(rev. 10/2013) with a judicial determination to the effect that it was contrary to the child's welfare to remain in the home. For an applicable child that enters care through a JFS 01645 or JFS 01666 there does not have to be a foster care maintenance (FCM) payment made under the voluntary agreement.

(2) The child meets all medical and disability requirements for supplemental security income (SSI). For the purposes of determining whether an applicable child is eligible for AA through the SSI criteria, the Title IV-E agency may make the determination that the child meets the medical or disability requirements for SSI benefits.

(3) The child is a child of a minor parent. The child was residing with the minor parent and the minor parent was removed from a specified relative with one of the following:

(a) A judicial determination that it was contrary to the welfare for the minor parent to remain with the specified relative.

(b) A JFS 01645 or JFS 01666. No FCM payment is required to cover both the minor parent and the child of the minor parent.

(4) The child was in receipt of AA in a prior finalized adoption, currently meets the definition of special needs as set forth in rule 5101:2-49-03 of the Administrative Code, and finalizes the new AA agreement by the end of the month of the child's eighteenth birthday, and one of the following apply:

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

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

(D) A non-applicable child must meet one of the four non-applicable child adoption assistance requirements:

(1) The child is eligible for Title XVI supplemental security income (SSI) benefits prior to the finalization of the adoption. SSI eligibility shall be determined only by a designated social security administrative claims representative.

(2) The child met the aid to families with dependent children (AFDC) relatedness requirements authorized under Title IV-A of the Social Security Act as of July 16, 1996 pursuant to rule 5101:2-47-14 of the Administrative Code which includes the requirements for age, deprivation, living with and removed from a specified relative, income and resources standards and, if at the time of removal from the specified relative one of the following requirements are met:

(a) If the removal was the result of a judicial determination placing the child in the custody of the PCSA, the first judicial determination removing the child from the specified relative shall include a judicial determination finding that it is contrary to the child's welfare for the child to remain with the specified relative the child was removed from. This determination must be explicit and made on a case by case basis. If the contrary to the welfare judicial determination is not included as required, a transcript of the court proceedings is the only other documentation that will be acceptable to verify that contrary to the welfare requirement has been made. This judicial determination shall be made in accordance with the following timeframes:

(i) For a child removed on or after January 23, 2001, in the first judicial determination removing the child from the specified relative.

(ii) For a child removed before January 23, 2001, at the time of, or before the initiation of adoption proceedings.

(b) If the removal was the result of a JFS 01645 or JFS 01666 to a PCSA, and the agency was in receipt of a FCM payment, that voluntary agreement is considered a judicial determination for adoption assistance if all the following conditions are met:

(i) The JFS 01666 is entered into by the PCSA and is subsequent to a JFS 01645.

(ii) There is a petition to the court to remove the child from the specified relative within six months from the date the child lived with the specified relative.

(iii) There is a subsequent judicial determination that it is contrary to the welfare of the child to remain with the specified relative.

(3) The child's minor parent was in foster care and received a FCM payment covering both the minor parent and the child of the minor parent while in agency care.

(4) The child was in receipt of AA in a prior adoption, and finalizes the new AA agreement by the end of the month of the child's eighteenth birthday.

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

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

(E) Adoption assistance eligibility for a child that meets the requirements of a child with special needs as defined in rule 5101:2-49-03 of the Administrative Code who is the subject of an independent adoption is eligible only when the child is eligible for SSI or a child in a subsequent adoption if the child received Title IV-E AA in a previous adoption. An independent adoption is one in which the child is not under the responsibility of a public or private adoption agency. The matching requirements as described in paragraph (A)(2) of this rule are not required in these circumstances. The Title IV-E agency shall accept the independent adoption homestudy as meeting the requirements described in paragraph (A)(1) of this rule.

(F) For all children that are determined eligible for adoption assistance, before the adoption finalization and the issuance of a monthly adoption assistance amount, the background checks specified in rule 5101:2-48-10 of the Administrative Code must be conducted and the checks must reveal that the prospective adoptive parent(s) has not been convicted of one of the prohibited offenses listed in the rule. The Title IV-E agency is responsible for ensuring that the background checks reveal that the prospective adoptive parent(s) has not been convicted of one of the prohibited offenses in accordance with rule 5101:2-48-10 of the Administrative Code.

(G) If there is insufficient or no available verification of AFDC-relatedness for the non-applicable child, 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 AFDC-relatedness requirements cannot be verified, the child does not meet the AFDC-relatedness eligibility requirements.

(H) The PCSA shall use the the statewide automated child welfare information system (SACWIS) to determine adoption assistance eligibility.

(I) If, after notifying the adoptive parent(s) that the child is eligible for adoption assistance and the adoptive parent(s) determines that there is no existing need for monthly AA payments, the PCSA and the adoptive parent(s) shall complete a JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014) indicating zero dollars and zero cents pursuant to rule 5101:2-49-07 of the Administrative Code.

(J) Unless eligible for AA in a subsequent adoption, a child who was adopted abroad and brought into the United States from other countries for the purpose of adoption is not eligible for AA because the child does not meet any of the following:

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

(2) Eligibility requirements for SSI benefits no later than the date of the finalization of the adoption.

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

Replaces: 5101:2-49-02 and 5101:2-49- 02.1

Effective: 07/01/2014
R.C. 119.032 review dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
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, 1/01/07, 4/1/10, 12/15/11

5101:2-49-02.1 [Rescinded] Title IV-E adoption assistance AFDC-relatedness eligibility criteria.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 4/1/10, 12/15/11

5101:2-49-03 Special needs criteria for adoption assistance.

(A) Prior to the finalization of adoption, the public children services agency (PCSA) shall determine that all of the following special needs criteria have been met and documented in the child's adoption assistance (AA) case record in order for the child to be considered a child with special needs.

(1) The child cannot or should not be returned to his or her parent(s). This requirement is met when the child is legally available for adoption.

(2) The PCSA has determined that the child has one or more of the following special need factors or conditions making it difficult to place the child with an adoptive parent(s) without the provision of adoption assistance (AA) or medical assistance:

(a) The child is part of a sibling group being adopted together or is placed in the same adoptive placement of a sibling previously adopted.

(b) The child is a member of a minority, racial or ethnic group making it difficult to place the child for adoption. However, if the child is between the age of newborn and twelve months the child must be also diagnosed to have one of the conditions outlined in paragraph (A)(2)(g) or (A)(2)(h) of this rule.

(c) The child is six years old or older.

(d) The child has remained in the permanent custody of a PCSA or private child placing agency (PCPA) for more than one year before an adoptive placement.

(e) The child has been in the home of the prospective adoptive parent(s) for at least six consecutive months directly preceding the adoptive placement and the child would experience severe separation and loss if placed in another setting due to significant ties with the propsective adoptive parent(s). The emotional ties shall be assessed and documented by a qualified mental health professional.

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

(g) The child has been diagnosed by a qualified professional, in the professional's area of expertise who is not responsible for providing casework services to the child. For the purpose of this rule, a "qualified professional" is an audiologist, orthopedist, physician, psychiatrist, psychologist, licensed marriage and family therapist, speech and language pathologist, a licensed independent social worker, licensed professional clinical counselor, a licensed social worker who is under the direct supervision of a licensed independent social worker or a licensed professional counselor who is under the direct supervision of a licensed professional clinical counselor.

The qualified professional must provide a clear written statement, supported by an assessment or evaluation within the last twelve months. This statement shall include an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs that the child has been diagnosed with one of the following:

(i) A developmental disability, as defined in rule 5123:2-1-02 of the Administrative Code.

(ii) A developmental delay, as defined in section 5123.01 of the Revised Code.

(iii) Mental illness, as defined in section 5122.01 of the Revised Code.

(iv) A medical condition causing distress, pain, dysfunction, social problems or death as diagnosed by a qualified professional.

(h) The child or the child's biological family has a social or medical history establishing a substantial risk for developing one of the conditions as described in paragraph (A)(2)(g) of this rule. The substantial risk makes it difficult to place the child for adoption without the provision of AA. A qualified professional shall determine the substantial risk, as defined in paragraph (B) of this rule. A child is not at substantial risk if the child's biological parent(s) social and medical history cannot be determined.

(3) Reasonable, but unsuccessful, efforts to place the child without AA shall be met by one of the following:

(a) Except as described in paragraph (A)(3)(b) of this rule, the PCSA shall document that in each case a reasonable, but unsuccessful, effort was made to place the child with appropriate adoptive parent(s) without AA. This requirement can be met by posing the question of whether the adoptive parent(s) are willing to adopt without AA. If the adoptive parent(s) state they cannot adopt the child without AA, the requirement is met when documented in the AA case record.

(b) The placement with a particular adoptive parent(s) was in the best interest of the child because of such factors as:

(i) The existence of emotional ties with the prospective adoptive parent(s) while the child was in the care of the foster parent(s) as a foster child.

(ii) The prospective adoptive parent(s) is a relative.

(iii) The child is being adopted by an adoptive parent(s) of the child's sibling(s).

(iv) There are other circumstances that relate to the child's best interest.

(B) If all other eligibility criteria are met, and the only special needs factor is the child has been determined to be at substantial risk, with no manifestation of a special needs factor or condition, a JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014) with no payment shall be entered into in accordance with rule 5101:2-49-07 of the Administrative Code. The PCSA shall document the following in the child's AA case record:

(1) The substantial risk as diagnosed by a qualified professional at the time of the special needs determination. A "substantial risk" means a strong probability that a certain result may occur or that certain circumstances may exist.

(2) A qualified professional in the field of their expertise has provided the PCSA with a current written statement of the child's substantial risks of developmental disability, developmental delay, mental illness, or medical condition causing distress, pain, dysfunction, social problems or death, supported by an assessment or evaluation. This statement shall include an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs as described in paragraph (A)(2)(g) of this rule.

Replaces: 5101:2-49-03

Effective: 07/01/2014
R.C. 119.032 review dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
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, 1/1/07, 4/1/10, 12/15/11

5101:2-49-04 Requirement for adoption assistance past age eighteen.

(A) Title IV-E adoption assistance(AA) is available for an eligible child whose adoptive parent(s) enter into an initial AA agreement prior to the child's eighteenth birthday through the end of the month of the child's eighteenth birthday.

(B) Title IV-E AA may continue to be available for a child with special needs between the age of eighteen and twenty-one with an existing AA agreement if the child meets one of the requirements identified in paragraphs (B)(1) to (B)(5) of this rule and the adoptive parent(s) is supporting the child as identified in paragraph (D) of rule 5101:2-49-10 of the Administrative Code. The mental or physical disability needs to be verified annually for continued eligibility. The child is considered to have a mental or physical disability if any of the following applies:

(1) A designated social security administration claims representative has determined that the child meets the disability criteria and is therefore eligible for:

(a) Title XVI supplemental security income (SSI) benefits.

(b) Social security disability benefits.

(c) Social security benefits due to the death or disability of the biological or adoptive parent(s).

(2) The child has been diagnosed to have a special need as described in paragraph (C) of this rule.

(3) The child is participating in one of the following rehabilitation programs or a program equivalent in the state where the child resides:

(a) Vocational rehabilitation as administered by the bureau of vocational rehabilitation.

(b) Services for the visually impaired as administered by the bureau of services for the visually impaired through the Ohio rehabilitation services commission.

(4) The child is in the process of obtaining a secondary education and meets the eligibility criteria for a child with a disability receiving special education and related services from the Ohio department of education (ODE), local education agency or school district or a program equivalent in the state where the child resides.

(5) The child is eligible for services administered through the Ohio department of developmental disabilities (DODD) or school district or a program equivalent in the state where the child resides.

(C) The child has been diagnosed by a qualified professional, in the professional's area of expertise who is not responsible for providing casework services to the child. For the purpose of this rule, a "qualified professional" is an audiologist, orthopedist, physician, psychiatrist, psychologist, licensed marriage and family therapist, speech and language pathologist, a licensed independent social worker, licensed professional clinical counselor, a licensed social worker who is under the direct supervision of a licensed independent social worker or a licensed professional counselor who is under the direct supervision of a licensed professional clinical counselor. There is a clear written statement that the child has been diagnosed with one of the following:

(1) A developmental disability, as defined in rule 5123:2-1-02 of the Administrative Code.

(2) A developmental delay, as defined in section 5123.01 of the Revised Code.

(3) Mental illness, as defined in section 5122.01 of the Revised Code.

(4) A medical condition causing distress, pain, dysfunction, social problems or death as diagnosed by a qualified professional.

(D) A clear written statement documenting the child's mental or physical disability shall be supported by an assessment or evaluation within the last twelve months from the qualified professional including an opinion as to the prognosis and recommendations for 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 the AA monthly payment based on the 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. 1/2014) to an AA agreement with no payment pending the approval of any program outlined in paragraph (B) of this rule and provide the adoptive parent(s) with notification of state hearing rights.

(3) Notify the adoptive parent(s) of the intent to terminate the AA agreement if eligibility is denied for any of the programs identified in paragraph (B) of this rule.

(4) If the adoptive parent(s) requested a state hearing within fifteen calendar days of the date the termination notice was issued, the PCSA shall continue the AA until the hearing decision has been rendered.

(5) If the adoptive parent(s) have not requested a state hearing within fifteen calendar days of the date the termination notice was issued, the PCSA shall:

(a) Terminate the AA agreement.

(b) Complete the JFS 01958 "Referral for Continuing Eligibility Review" (rev. 12/2009), and submit it to the county department of job and family services (CDJFS) located in the county where the adoptive parent(s) resides, in compliance with the medicaid pre-termination review.

(c) Terminate the Title XIX medical coverage.

(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.

(G) The PCSA shall advise the adoptive parent(s) of all necessary documentation that shall be submitted to continue an AA agreement.

(H) 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 shall be used as the child's birth date.

Replaces: 5101:2-49-04

Effective: 07/01/2014
R.C. 119.032 review dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 1/14/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/88, 9/1/88, 9/1/92, 5/1/98, 2/15/02, 1/1/07, 4/1/10, 12/15/11

5101:2-49-05 Determination of the adoption assistance monthly payment amount.

(A) The monthly 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).

(B) No income eligibility test shall be used when determining the monthly AA payment. The monthly AA payment amount should combine with the adoptive parent(s) resources and circumstances of the adoptive family and shall provide for the special and anticipated needs of the child projected over an extended period of time. The child's supplemental security income (SSI) benefits shall be considered along with the adoptive parent(s) resources in the negotiation and determination of the AA payment amount. The special needs of the child shall be based upon rule 5101:2-49-03 of the Administrative Code.

(C) The maximum amount of the monthly AA payment shall not exceed the current cost of the monthly foster care maintenance (FCM) payment that was paid or would have been paid by the PCSA if the child had been placed in a foster home.

(D) The monthly AA payment identified in paragraph (C) of this rule shall not exceed the monthly statewide maximum AA payment amount established by the Ohio department of job and family services (ODJFS) through the "Family, Children and Adult Services Manual Procedure Letter."

(E) Upon the effective date of this rule, a PCSA may request from ODJFS a waiver to exceed the monthly statewide maximum AA payment amount when the PCSA determines it is in the best interest of the child.

(1) The PCSA shall submit a completed JFS 01471 "Waiver request to exceed the Title IV-E Adoption Assistance Statewide Maximum" (1/2014) to the office of families and children. The amount the PCSA agrees to pay in excess of the statewide maximum AA payment shall not exceed the monthly FCM payment amount in accordance with paragraph (C) of this rule.

(2) Notification of approval or denial of the waiver request will be made within ten business days of receipt of the JFS 01471. The approval or denial of a waiver is a final determination and does not grant the PCSA state hearing rights under section 5101.35 of the Revised Code or Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(3) Upon approval of the waiver, the AA payment amount in excess of the statewide maximum shall be effective the month following the waiver approval date.

(F) Any monthly AA payment amount in excess of the statewide maximum, prior to the effective date of this rule, shall remain in effect and shall continue to receive federal financial participation (FFP) up to the current FCM payment for a child in the same level of care.

(G) If the child receives SSI benefits, the child may receive AA and SSI concurrently. If there is concurrent receipt of payments from both programs, the social security administration will decrease the monthly SSI benefit by the monthly AA payment amount.

(H) If the PCSA and the adoptive parent(s) cannot mutually agree on the monthly AA payment amount after thirty calendar days from the initial negotiation meeting, the adoptive parent(s) may request a state mediation conference using the JFS 01470 "Adoption Assistance State Mediation Conference Request" (rev.1/2014) to develop a mutually acceptable level of monthly AA payment amount after thirty calendar days from the initial negotiation meeting. The JFS 01470 shall be sent to the ODJFS state hearings department.

(1) The state mediation conference shall be held within thirty business days from the receipt of the request.

(2) The state mediator, PCSA representative(s) and adoptive parent(s) shall be the sole participants in the state mediation conference.

(3) If the state mediation conference is successful and results in a mutually acceptable monthly AA payment amount, it is considered a final decision between both parties.

(4) The monthly AA payment amount agreed upon at the state mediation conference can only be amended if a new documented special needs of the child is identified or resources and circumstances of the adoptive family change from what was subject to the state mediation conference.

(5) If the PCSA and the adoptive parent(s) cannot mutually agree on a monthly AA payment amount at the state mediation conference, the adoptive parent(s) may request a state hearing.

(I) The PCSA shall document the following in the statewide automated child welfare information system (SACWIS):

(1) Initial agreed upon monthly AA payment amount.

(2) If applicable, the outcome of the state mediation conference, state hearing and administrative appeal.

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

Replaces: 5101:2-49-05

Effective: 07/01/2014
R.C. 119.032 review dates: 07/01/2019
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, 10/9/86 (Emer.), 1/1/87, 7/2/87, 9/1/89 (Emer.), 11/30/89, 1/13/92 (Emer.), 4/11/92, 9/1/92, 3/20/93, 5/1/98, 1/1/07

5101:2-49-06 Adoption assistance agreement and duration: provision for financial support and services.

(A) The adoptive parent(s) and the public children services agency (PCSA) shall review and sign the JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014) prior to the adoption finalization. The PCSA responsible for determining eligibility for Title IV-E adoption assistance (AA) is also responsible for entering into the JFS 01453.

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

(C) The AA agreement is effective on the date it is signed by both the adoptive parent(s) and the PCSA. The AA payments shall not begin before the date that the child is placed in the adoptive home and all requirements are completed as set forth in rule 5101:2-49-08 of the Administrative Code.

(D) The AA agreement shall remain in effect regardless of the state where the adoptive parent(s) resides unless the agreement is terminated pursuant to rule 5101:2-49-13 of the Administrative Code.

(E) The terms of the AA agreement may be amended at any time if both parties agree to the change in accordance with rule 5101:2-49-12 of the Administrative Code.

(F) The PCSA shall not have a general policy limiting AA prior to the child's eighteenth birthday.

(G) The PCSA shall give a copy of the signed agreement and all amendments to the adoptive parent(s) and keep in the AA case record.

(H) The PCSA that entered into the AA agreement shall secure Title XIX medicaid and Title XX social services block grant services if the services are not available in the state or county where the child resides in accordance with rule 5101:2-49-23 of the Administrative Code.

(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.

(2) Seek to amend the child's AA agreement.

(J) The adoptive parent(s) has the right to a state hearing under any of 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 and the adoptive parent(s) are unable to come to a mutual agreement following a state mediation conference.

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

(5) The PCSA denies a request by the adoptive parent(s) to amend the terms of the current AA agreement.

(K) The PCSA shall provide written notification to the adoptive parent(s) when any of the the following occur:

(1) A determination to deny AA eligibility.

(2) A denial for a request to increase the amount of the monthly AA payment.

(3) The PCSA and the adoptive parent(s) are unable to come to a mutual agreement following a state mediation conference.

(4) A reduction or terminaton of the monthly AA payment.

(L) The PCSA shall inform the adoptive parent(s) of all decisions to deny or approve AA with a copy of the JFS 04059 "Explanation of State Hearing Procedures" (rev. 10/2008) .

Replaces: 5101:2-49-06

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
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, 1/1/07, 4/1/10, 12/15/11

5101:2-49-07 Adoption assistance agreement only with no payment.

(A) The public children services agency (PCSA) shall enter into a JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014) without a Title IV-E adoption assistance (AA) payment if any of the following apply:

(1) The adoptive parent(s) and the PCSA, after considering the needs of the child and the circumstances of the adoptive family, agree that the adoptive family does not currently require an AA payment to incorporate the child into household.

(2) The child or the child's biological family has a social or medical history that establishes a substantial risk of acquiring conditions, as identified in rule 5101:2-49-03 of the Administrative Code.

(3) The child has reached the age of eighteen and has not been determined to meet the eligibility requirements for continuation of AA as set forth in paragraph (A) of rule 5101:2-49-04 of the Administrative Code.

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

(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 amendment of the AA agreement to include AA payments if the child develops a condition, and the condition is diagnosed by a qualified professional, as identified in rule 5101:2-49-03 of the Administrative Code.

(3) Title XX (social services block grant) and post adoption services shall be provided or secured in addition to Title XIX (medicaid) coverage for a child that has an AA agreement with no payment.

(4) 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: 5101:2-49-07

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 9/1/92, 5/1/98, 1/1/07, 4/1/10, 12/15/11

5101:2-49-08 Adoption assistance monthly payments.

(A) Title IV-E adoption assistance (AA) monthly payments shall begin when there is a mutually agreed upon AA agreement and 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 rule 5101:2-49-02 of the Administrative Code.

(2) The child is placed for adoption.

(3) The JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014) is completed and signed by both the adoptive parent(s) and the PCSA.

(B) The AA monthly payment may be effective beginning on the date the child was placed for adoption, after the agreement is completed and signed by all parties if the completion and signing of the AA agreement is delayed.

(C) If the PCSA and the adoptive parent(s) cannot agree on a mutually acceptable monthly AA payment amount and the state mediation conference or state hearing is being pursued, an interim AA payment amount may be established in accordance with paragraphs (A)(1) to (A)(3) of this rule.

(D) Before the date on which the child is placed for adoption, the PCSA shall inform the certified foster caregiver(s) who is receiving foster care payments for the care of the child, of the option to continue the foster care payments until the adoption is finalized.

(E) The PCSA shall enter the AA payment information into the statewide automated child welfare information system (SACWIS). The payment shall be in the form of a warrant or electronic funds transfer (EFT) made to the adoptive parent(s).

(F) If an overpayment or an underpayment of an AA payment occurs, the PCSA shall take immediate action to correct either situation as soon as information is received.

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

(a) The adoptive parent(s) of an AA child does not receive a payment they are entitled to.

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

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

(a) The payment was made in excess of the agreed upon amount.

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

(G) 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 in SACWIS within three business days of notification that an overpayment has occurred . Adjustment of the payment shall 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 regard to the payment.

(3) Send written notification to the adoptive parent in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(H) 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, and

(1) AA shall continue until a state hearing decision is issued if the state hearing is requested within fifteen calendar days of the mailing date on the notice.

(2) The PCSA shall continue AA if the hearing decision is favorable to the adoptive parent(s).

(3) The adoptive parent is not required to return AA payments received prior to the issuance of the state hearing decision if the state hearing was requested within fifteen calendar days of the mailing date on the notice and the hearing decision is to terminate or amend the monthly AA payment.

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

(J) The PCSA shall refer all cases to the county prosecutor if there is probable cause to believe the crime of fraud has been committed.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 1/1/83, 1/14/13, 1/1/85(Emer.), 4/1/86(Emer.), 7/1/86, 7/2/87, 9/30/87 (Emer.), 9/1/88, 7/11/89, 9/1/92, 7/1/93, 5/1/98, 7/1/00, 2/15/02, 1/1/07, 4/1/10, 12/15/11

5101:2-49-09 Title IV-E adoption assistance post-finalization application.

(A) The adoptive parent(s) of a child with special needs may apply for Title IV-E adoption assistance (AA) after the adoption is finalized if the JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 1/2014) was not completed prior to the finalization of adoption, and the JFS 01453 "Adoption Assistance Agreement (rev. 1/2014) was not executed prior to the finalization of adoption because of one of the following:

(1) The public children services agency (PCSA) or private child placing agency (PCPA) knew relevant facts regarding the child and did not present the facts to the adoptive parent(s) prior to the finalization of adoption.

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

(a) The PCSA or PCPA may meet the requirement to inform the adoptive parent(s) of AA by informing potential adoptive parents of the availability of AA during a recruitment campaign (e.g. website, newspaper, flyer, etc.).

(b) Advising an adoptive parent(s) is not required if the adoptive parent(s) is not known to the PCSA or PCPA for a child with special needs who is not in the custody of the PCSA or PCPA.

(B) The child shall 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 finalization of adoption.

(C) The following procedures shall be followed for AA eligibility to be considered after an adoption has been finalized:

(1) The adoptive parent(s) shall submit a JFS 01451 to one of the following:

(a) The PCSA that held permanent custody of the child prior to the adoption.

(b) The PCSA in the county where the adoptive parent(s) resides, if one of the following applies:

(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. 10/2013) prior to the adoption.

(ii) The social security administration determined the child eligible for the supplemental security income benefits prior to the finalization of the adoption and no PCSA held permanent custody of the child.

(2) At the time the JFS 01451 is submitted, the adoptive parent(s) shall provide the PCSA with a copy of the following:

(a) The JFS 01616 "Social and Medical History" (rev. 6/2009)

(b) The JFS 01673A "Child Characteristics Checklist for Foster Care and or Adoption" (rev. 12/2006).

(c) The JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 6/2011), or the JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009) completed prior to the adoption of the child.

(D) If the PCSA determines that the child is eligible for adoption assistance post-finalization, without a state hearing, the agency shall process the application for adoption assistance, otherwise the PCSA shall deny the JFS 01451 based on the application not being submitted prior to finalization and provide the adoptive parent(s) with the following:.

(1) The JFS 04059 "Explanation of State Hearing Procedures" (rev. 10/2008).

(2) The JFS 07334 "Notice of Denial of your Application for Assistance" (rev. 9/2011).

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

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

(G) If all of the conditions set forth in paragraphs (C) 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).

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 9/1/92, 5/1/98, 7/1/00, 2/15/02, 5/1/03, 1/1/07, 4/1/10, 12/15/11

5101:2-49-10 Ongoing verification for adoption assistance.

(A) The public children services agency (PCSA) responsible for the Title IV-E adoption assistance (AA) agreement shall provide the adoptive parent(s) with the JFS 01451B "Title IV-E Adoption Assistance annual assurance of legal responsibility, school attendance and eligibility for continued Medicaid coverage " (rev. 1/2014) annually or whenever there is a significant change in the family situation.

(B) For a child who has attained the minimum age for compulsory school attendance the PCSA shall assure that the child's AA case record contains documentation of one of the following:

(1) A child is enrolled full-time, or in the process of enrolling in an institution providing elementary or secondary education.

(2) A child is instructed in elementary or secondary education at home full-time in accordance with the home school law of the state where the home is located.

(3) A child is in an independent study elementary or secondary education program full-time in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(4) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the AA case record of the child.

(C) Title IV-E agencies are not required to verify school attendance for a child age eighteen to twenty-one, unless the reason the child is continuing to receive AA past age eighteen is because pursuant to paragraph (B)(4) of rule 5101:2-49-04 of the Administrative Code.

(D) The adoptive parent(s) shall notify the PCSA within fifteen calendar days of the date of a change if:

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

(2) The child has married or enlisted in the military service.

(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. 5/2001) as a result of this change.

(4) The adoptive parent(s) is no longer supporting the child.

(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 moves or the child established his or her own residence.

(7) The child dies.

(E) The adoptive parent(s) must be supporting the child. An adoptive parent(s) is supporting the child if the adoptive parent(s) provides the child with shelter, food, clothing, child support, or any support regardless of the physical location of the child. A parent is generally responsible for the support of a child who is under the age of eighteen or a physically and/or mentally disabled child with special needs who is under twenty-one years old.

(F) A parent is not legally required to support the child if the child is emancipated. A child becomes emancipated if:

(1) The child enlists in the military services.

(2) The child marries.

(3) The child has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(4) The child is self-supporting by paying for shelter, food, and clothing even though he or she may still reside with the adoptive parent(s).

(G) If the child no longer meets the requirements for AA, the PCSA shall terminate the AA agreement pursuant to rule 5101:2-49-13 of the Administrative Code.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
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, 1/1/07, 4/1/10, 12/15/11

5101:2-49-11 Adoption assistance program payment authorization.

Effective: 12/15/2011
R.C. 119.032 review dates: 07/06/2011
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: /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, 1/1/2007

5101:2-49-12 Amendment of an adoption assistance agreement.

(A) Prior to the expiration date of the JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014), the adoptive parent(s) and the public children services agency (PCSA) may by mutual agreement amend the JFS 01453. The amended agreement shall meet all other requirements of rule 5101:2-49-06 of the Administrative Code.

(B) Any request for an amendment to the AA agreement must contain newly documented special needs or circumstances of the adoptive parent(s) that were not previously subject to the current agreement.

(C) At any time while the JFS 01453 is in effect, the adoptive parent(s) and the PCSA may agree to amend the payment amount or provision for services. If an amendment is requested:

(1) The JFS 01453 shall be entered into by mutual agreement between the adoptive parent(s) and the PCSA. The monthly AA payments should combine with the adoptive parent(s) resources, circumstances of the adoptive parent(s) and shall provide for the special and anticipated needs of the child projected over an extended period of time.

(2) The PCSA and adoptive parent(s) shall sign the amended agreement.

(3) The agreement shall meet all requirements of rule 5101:2-49-10 of the Administrative Code.

(4) The PCSA shall give a copy of the amended agreement to the adoptive parent(s) and retain a copy in the child's case record.

(D) If the PCSA and the adoptive parent(s) cannot agree on a mutually acceptable monthly AA payment amount , the PCSA and the adoptive parent(s) may complete a JFS 01453 for a mutually acceptable level of AA payment while negotiations continue through the state mediation conference or the adoptive parent(s) requests a state hearing.

(E) The PCSA shall not automatically amend, suspend, terminate, or redirect the AA payment if the adopted child is placed under the responsibility and care of a PCSA. If the adopted child is placed in the care of a PCSA, one of the following shall apply:

(1) The PCSA shall amend the AA agreement with mutual consent by the adoptive parent(s).

(2) The PCSA shall make a referral to the Title IV-D (child support) agency as defined in rule 5101:12-1-01 of the Administrative Code for support in the cost and care of the child while the child is in foster care.

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

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 9/1/92, 5/1/98, 1/1/07, 4/1/10, 12/15/11

5101:2-49-13 Termination of adoption assistance.

(A) The public children services agency (PCSA) that entered into the agreement shall terminate the Title IV-E adoption assistance (AA) in any of the following circumstances:

(1) At the end of the month of the child's eighteenth birthday; or at the end of the month of the child's twenty-first birthday, if the child meets the criteria as set forth in paragraph (B) of rule 5101:2-49-04 of the Administrative Code.

(2) If the child is no longer receiving any 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 (C) 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 his or her 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 not supporting the child if the adoptive parent(s) is not providing the child with shelter, food, clothing, child support, or any support regardless of the physical location of the child. A parent is generally responsible for the support of a child who is under the age of eighteen or a physical and or mentally disabled child with special needs who is under twenty-one years of age.

(C) A parent is not legally required to support the child if the child is emancipated. A child becomes emancipated if :

(1) The child enlists in the military services.

(2) The child marries.

(3) The child has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(4) The child is self-supporting by paying for shelter, food, and clothing even though he or she may still reside with the adoptive parent(s).

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

(E) When the PCSA proposes to terminate the AA agreement, and the adoptive parent(s) has requested a state hearing, the following shall apply:

(1) If a state hearing is requested within fifteen calendar days of the mailing date on the notice 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 a state hearing is requested within fifteen calendar days of the mailing date on the notice and the hearing decision is favorable to the adoptive parent(s), AA shall continue in accordance with the terms of the AA agreement or an amended agreement may be entered into by mutual agreement.

(3) If a state hearing is requested within fifteen calendar days of the mailing date on the notice and the hearing decision is to terminate the AA, the adoptive parent(s) is not required to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested, AA shall be terminated. Following the termination, the child shall lose all eligibility for future AA as long as he or she is legally a member of the same adoptive family.

(F) When the PCSA determines the AA should be terminated, the PCSA shall complete the JFS 01958 "Referral for medicaid continuing eligibility review" (rev. 12/2009) pursuant to rule 5160:1-2-01.2 of the Administrative Code and send the JFS 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" (rev. 10/2006) to the adoptive parent(s).

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 1/1/83, 4/1/86 (Emer.), 7/1/86, 7/2/87, 5/1/98, 2/15/02, 1/1/07, 4/1/10, 12/15/11

5101:2-49-15 [Rescinded] Retroactive adoption assistance payment process.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 12/11/93, 5/1/98, 7/1/00, 1/1/07, 4/1/10, 12/15/11

5101:2-49-17 Case record requirements for adoption assistance.

(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 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. 1/2014).

(2) A copy of the signed JFS 01451A "Title IV-E Adoption Assistance Eligibility Determination" (4/2010) or the Title IV-E adoption assistance eligibility determination in the statewide automated child welfare information system (SACWIS).

(3) A copy of each signed "JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for continued Medicaid coverage" (rev.1/2014).

(4) A copy of the PCSA's petition to the court which led to the child's removal from the specified relative.

(5) A copy of the court order which resulted in the child's removal from a specified relative 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.

(6) A copy of the signed JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) 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.

(7) 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. 10/2013). 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.

(8) A copy of the signed JFS 01654 "Adoptive Placement Agreement" (rev. 10/2001).

(9) Child study inventory.

(10) A copy of the JFS 01616 "Social and Medical History" (rev. 6/2009).

(11) A copy of the JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 6/2011) or another state's approved child with special needs homestudy.

(12) A copy of the JFS 01673A "Ohio Department of Job and Family Services Child Characteristics Checklist for Foster Care and/or Adoption" (rev. 12/2006).

(13) A copy of the JFS 01689 "Documentation of the Placement Decision-Making Process" (rev. 7/2012).

(14) A copy of the JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009).

(15) 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.

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

(17) 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.

(18) 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 or JFS 01666 for a non applicable child and the child is in receipt of Title IV-E FCM payments, documentation of receipt of the FCM payments.

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

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

(21) A copy of the adoption finalization.

(22) A copy of the signed JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014) between the adoptive parents and the PCSA and any amendments.

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

(24) Copies of each signed JFS 01451B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibilty for Continued Medicaid Coverage" (rev. 1/2014).

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

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

(27) A copy of the JFS 01470 "Adoption Assistance State Mediation Conference Request" (rev. 1/2014).

(28) A copy of the JFS 01471 "Waiver Request to Exceed the Title IV-E Adoption Assistance Statewide Maximum" (rev. 1/2014).

(29) A copy of the interstate compact and adoption medical assistance forms.

(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 paragraphs (B)(3) to (B)(6) 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. For auditing purposes these documents shall be provided upon request. 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 PCSA'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. For auditing purposes these documents shall be provided upon request. 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 and PCPA shall use the preadoptive identifying information when contacting the public assistance benefits eligibility or 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 and PCPA shall not provide any information about the child's new identity or present situation.

(G) In accordance with paragraph (D) of rule 5101:2-33-23 of the Administrative Code the adoption assistance case record shall be permanently kept.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
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, 1/1/07, 12/15/11

5101:2-49-19 Title XIX medicaid coverage for Title IV-E adoption assistance eligible children (COBRA).

(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. 1/2014) .

(B) The public children services agency (PCSA) shall inform the adoptive parent(s) that he or she shall notify the PCSA within fifteen calendar days after moving to another county or state.

(C) The parent(s) shall cooperate with the PCSA to assure that a move out-of state complies with any applicable interstate requirements . Failure to notify the PCSA may result in the interruption of Title XIX medical coverage.

(D) For a child with an AA agreement in effect who moves or resides out-of state, the following shall apply:

(1) Within seven business days after the PCSA is notified by the adoptive parent(s) that the AA eligible child is moving to or residing in another state, the PCSA shall transfer Title XIX medical coverage to the state of residence by:

(a) Completing and forwarding the following forms to the Ohio department of job and family services interstate compact on adoption and medical assistance (ICAMA) state administrator pursuant to rule 5101:2-44-05.2 of the Administrative Code:

(i) The original interstate compact on adoption and medical assistance (ICAMA) 6.01 "Notice of Medicaid Eligibility/Case Activation (rev.8/2004);" and 7.02 "Notice to Families" (rev.7/2012) can be obtained at http://aaicama.org/cms/index.php/icama-forms."

(ii) A copy of the current signed and dated JFS 01453.

(b) Providing 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" (rev 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.

(c) Providing 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.

(d) Requesting to 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.

(e) Terminating the medical coverage in the statewide automated child welfare information system(SACWIS).

(2) Upon notification of any change that would effect the medicaid status, the PCSA shall, within seven business days, complete and forward the ICAMA form 6.03 "Report of Change in Child/Family Status" (rev. 8/2004) that can be obtained at http://aaicama.org/cms/index.php/icama-forms to the ODJFS ICAMA state administrator.

(3) 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 medicaid. If the PCSA determines the child does not meet the continuing eligibility requirements, within twenty business days the PCSA shall:

(a) Complete a medicaid pre-termination review (PTR) of continuing medicaid eligibility pursuant to rule 5160:1-2- 01.2 of the Administrative Code.

(b) Provide written notification of the date Title XIX medical coverage shall be terminated to the responsible Title XIX medical authority in the state in which the AA eligible child resides.

(E) For a child with an out-of-state AA agreement in effect who moves to or resides in Ohio, the following shall apply:

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

(2) The PCSA shall, within twenty business days after being notified by another state take the following actions to transfer Title XIX medical coverage:

(a) Obtain 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 into SACWIS the Ohio medicaid effective date and an "active" status on the ICPC/ICAMA screen for the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) AA 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. 5/2001) if there is information that the child is covered by a private health insurance plan.

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

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 7/2/87, 9/30/87 (Emer.), 12/27/87, 5/1/98, 1/1/07, 4/1/10, 12/15/11

5101:2-49-21 Reimbursement of nonrecurring adoption expenses for a child with special needs.

(A) The following definitions are applicable to this rule and supersede any definition contained in rule 5101:2-1-01 of the Administrative Code.

(1) "Nonrecurring adoption expenses" are reasonable and necessary adoption fees, court costs, attorney fees, and in accordance with paragraph (A)(2) 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 . These expenses cannot be incurred in violation of state or federal law and cannot be reimbursed from other sources or funds.

(2) "Nonrecurring other expenses directly related to the legal adoption of a child with special needs" as specified in paragraph (A)(1) of this rule refers to the cost of the 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:

(a) The adoption homestudy.

(b) Health and psychological examinations.

(c) Supervision of the placement prior to the adoption finalization.

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

(B) A public children services agency (PCSA), private child placing agency (PCPA), or private non-custodial agency (PNA) shall notify anyone inquiring about adoption services through the agency of the availability of funds for the reimbursement of nonrecurring adoption expenses and the application process.

(C) The PCSA shall enter into an agreement with the adoptive parent(s) of a child with special needs for the payment of non-recurring adoption expenses for which the parent(s) has not otherwise been reimbursed not to exceed one thousand dollars for each child.

(D) The PCSA, PCPA, or PNA shall inform an adoptive parent(s) who inquires about adoption services through the agency that the JFS 01421 "Application for Reimbursement of Nonrecurring Adoption Expenses" (rev. 10/2009) shall be submitted to the appropriate PCSA and approved prior to the adoption finalization or disruption prior to the adoption finalization, if applicable. The JFS 01421 cannot be considered for approval retroactively.

(E) The adoptive parent(s) and the PCSA as specified in paragraphs (M) to (P) of this rule shall sign the JFS 01438 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in the Adoption of a Child with Special Needs " (rev. 1/2014), prior to the adoption finalization or disruption prior to adoption finalization, if applicable. A final decree of adoption by a foreign country constitutes the adoption finalization. The agreement shall indicate the amount and details of the nonrecurring expenses. The JFS 01438 cannot be entered into after the adoption finalization.

(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) If 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.

(H) The PCSA shall not apply an income eligibility requirement (means test) to the adoptive parent(s) in determining whether payment or reimbursement for nonrecurring adoption expenses shall be made.

(I) 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 child with special needs within two years of the adoption finalization or disruption prior to adoption finalization, if applicable.

(J) 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 adoption finalization or disruption prior to adoption finalization 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.

(K) If all other eligibility criteria are met, and the only special needs factor is the child has been determined to be at substantial risk, with no manifestation of a special needs factor, the child is not eligible for nonrecurring adoption assistance.

(L) If the PCSA and the adoptive parent(s) have completed a JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014), the 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 completed by a PCSA, all of the following shall apply:

(1) Prior to the adoption finalization or disruption prior to adoption finalization, if applicable, 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 adoption finalization or disruption prior to adoption finalization, if applicable, the adoptive parent(s) shall provide the PCSA with:

(a) A copy of the JFS 01616 "Social and Medical History" (rev. 6/2009) completed on the child for whom the request is being made or a copy of the social and medical history completed in the child's country of origin.

(b) A copy of the JFS 01673A "Child Characteristic Checklist for Foster and/or Adoption" (rev. 12/2006) and one of the following homestudies:

(i) JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 6/2011) or its equivalent for a child adopted from another state.

(ii) JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009).

(3) If the adoptive parent does not provide a completed JFS 01616, JFS 01673A and JFS 01673 or JFS 01692 the PCSA shall deny the JFS 01421.

(N) If 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 where the adoptive parent(s) lives is responsible for determining eligibility. The CSA shall inform the adoptive parent(s) of the required documentation.

(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 determining 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 determining eligibility. The PCSA shall inform the adoptive parent(s) of the required documentation.

(O) If 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 determining eligibility for reimbursement of nonrecurring adoption expenses and paying 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 determining eligibility for reimbursement of nonrecurring adoption expenses and paying 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 where the adoptive parent(s) resides to determine 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 the county of residence to determine eligibility. The PCSA shall inform the adoptive parents(s) of the required documentation.

(P) A stepparent adopting a child with special needs 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.

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

(R) 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.

(S) International adoption payment prohibition.

(1) Notwithstanding any other paragraph of this rule, no payment may be made to parents with respect to a child who meets the requirements specified in paragraph (J) of this rule but who is not a citizen or resident of the United States and was adopted outside of the United States or was brought into the United States for the purpose of being adopted.

(2) Paragraph (S)(1) of this rule shall not be construed as prohibiting payments where the child is placed in foster care subsequent to the failure, as determined by the PCSA, of the initial adoption of the child by the parents described in paragraph (S)(1) of this rule.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
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, 1/1/07, 8/10/09 (Emer.), 11/9/09, 6/1/10, 12/15/11

5101:2-49-23 Adoption assistance intercounty and interstate case management responsibility.

(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. 1/2014) 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 (medicaid) and Title XX (social service block grant) services by the state in which the child resides. If any of the Title XX services specified in the AA agreement are not available in the state where the child resides or has moved, the PCSA that entered into the agreement shall be responsible for providing or securing those services.

(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 the adoptive parent(s) resides;

(b) Seek to amend the child's JFS 01453.

(5) At the request of the PCSA that 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 01451B " Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" (rev. 1/2014) 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 compact on adoption and medical assistance (ICAMA) requirements. The PCSA may ask the children services agency (CSA) in the new state to document the present situation of the adoptive parent(s) and to assist the adoptive parent(s) in completing all required forms.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
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, 1/1/07, 12/15/11

5101:2-49-25 Qualified and disqualified alien eligibility for Title IV-E adoption assistance.

(A) A child who is a qualified alien, entering the United States on or after August 22, 1996, and who 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" (rev. 1/2014) signed prior to August 22, 1996, who continues to be eligible for the AA.

(3) An alien admitted to the United States as a refugee under the Immigration and Nationality Act of 1157 (US/2005).

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

(5) Cuban/Haitian entrants, as provided in Section 501 (e) of the Refugee Education Assistance Act of 1980, 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.

(B) In addition to meeting the requirements of paragraph (A) 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. 4/2006) was entered into.

(b) In the month a JFS 01666 "Permanent Surrender of Child" (rev. 10/2013) 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.

(C) 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.

(D) 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 (A) of this rule, or has lived in the United States as a qualified alien for five years.

(E) A child who is a qualified alien and is eligible for AA shall be eligible for Title XIX medicaid coverage pursuant to the requirements contained in rules 5160:1-2-01.8, 5160:1-2- 02.3 and 5160:1-2- 01.9 of the Administrative Code.

(F) Citizenship or immigration status shall be verified by the PCSA:

(1) For children in receipt of AA payments.

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

Effective: 07/01/2014
R.C. 119.032 review dates: 03/14/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.11 , 5101.141
Rule Amplifies: 5101.11 , 5101.141 , 5153.16
Prior Effective Dates: 2/15/02, 1/1/07, 12/15/11

5101:2-49-09.1 Retroactive adoption assistance payment process.

(A) In accordance with paragraph (A) of rule 5101:2-49-09 of the Administrative Code, if the public children services agency (PCSA) and the adoptive parent(s) mutually agree that the child is eligible for a retroactive adoption assistance (AA) payment after the adoption finalization, or as a result of a state hearing decision or administrative appeal decision determines the eligibility and directs the PCSA to negotiate a retroactive payment, the agency and the adoptive parent(s) will engage in a negotiation process to determine the amount of retroactive AA payments. The monthly amount of AA shall be determined in the same manner as AA benefits negotiated prior to the adoption finalization, until one calendar day prior to the effective date of the current AA agreement.

(B) A child is eligible for retroactive AA payment if any one of the following occur:

(1) The PCSA and the adoptive parent(s) mutually agree that the child is eligible for a retroactive adoption assistance payment after the adoption finalization, or

(2) A state hearing decision or administrative appeal decision determines the child is eligible for retroactive AA payment.

(C) The agency and the adoptive parent(s) will engage in a negotiation process based on the special needs of the child, the resources and circumstances of the adoptive parent(s) to determine the amount of the retroactive AA payment. The retroactive AA payment shall not exceed the FCM payment for the level of care that would have been paid by the PCSA if the child had been placed in a foster home.

(D) If the agency and the adoptive parent(s) are unable to agree on the retroactive AA payment the agency will follow the procedures outlined in paragraph (H) of rule 5101:2-49-05 of the Administrative Code.

(E) The PCSA shall treat the retroactive AA payment separately from any current or future AA payment negotiated between the adoptive parent(s) and the agency. The amount and type of any future AA benefits shall be determined in the same manner as AA benefits negotiated prior to the adoption finalization and shall begin after the AA agreement has been signed.

(F) The retroactive AA payment shall be based on the total eligible months the child would have received an AA payment had the child been determined eligible on the date that:

(1) The adoptive parent(s) submitted the JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 1/2014) to the PCSA.

(2) The child was placed for adoption.

(3) The child's adoption was finalized.

(G) The PCSA shall not approve a retroactive AA payment for a month in which a state adoption maintenance subsidy payment was made.

(H) 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. 7/2010).

(I) The JFS 01454 shall set forth the terms of the retroactive AA payment.

(J) The PCSA shall enter the applicable events in the statewide automated child welfare information system (SACWIS) to reflect dates and monthly payment amounts covered by the period of the retroactive payment approval.

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

(L) 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 in the child's AA case record. The PCSA shall also retain a copy of the JFS 01451 and the JFS 01453 "Adoption Assistance Agreement" (rev. 1/2014) setting forth the provision for future AA payments.

Replaces: 5101:2-49-15

Effective: 07/01/2014
R.C. 119.032 review dates: 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 12/11/93, 5/1/98, 7/1/00, 1/1/07, 4/1/10, 12/15/11