5101:2-49-08 Beginning date of an adoption assistance payment.

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

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

(2) The child is placed for adoption.

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

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

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

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

Replaces: 5101:2-47-40

Effective: 01/01/2007

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

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

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