(A) The public children services agency (PCSA) and the adoptive parent(s) may only negotiate a retroactive AA payment if:
(1) The child is to be determined eligible for AA after the final decree of adoption, as set forth in rule 5101:2-49-09 of the Administrative Code.
(2) The state hearing officer or administrative appeal decision directs the PCSA to negotiate a retroactive payment.
(B) The PCSA shall treat the retroactive AA payment separately from any current or future AA payments 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 a final decree of adoption and shall begin after the AA agreement has been signed.
(C) The amount of the retroactive AA payment shall be based on the total eligible AA payments the child would have received had the child's eligibility been determined on the date that:
(1) The adoptive parent submitted the application to the PCSA.
(2) The child was placed for adoption.
(3) The child's adoption was finalized.
(D) The PCSA shall not approve a retroactive AA payment for a month in which a state adoption maintenance subsidy payment was made after January 12, 1992.
(E) 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).
(F) The JFS 01454 shall set forth the terms of the retroactive AA payment and include the following information:
(1) A statement indicating that as a result of a state hearing the child has been determined eligible for the AA program and has been approved for retroactive AA payments.
(2) The name(s) of the child's adoptive parent(s).
(3) The address of the adoptive parent(s).
(4) The child's date of birth.
(5) The name and address of the agency holding permanent custody of the child prior to the adoption, and the name and address of the PCSA that determined the child eligible for AA if the PCSA did not hold permanent custody.
(6) The date of the adoptive placement.
(7) The date the petition for adoption was filed with the court.
(8) The date of the final decree of adoption.
(9) A description of the special needs that continued or manifested themselves after the final decree of adoption, the severity of those needs, the treatment services required to meet the special needs and the financial burden on the family in attempting to meet the child's care or special needs without AA.
(10) The total amount of retroactive AA payment to be awarded to the adoptive parent(s) and an explanation showing how the total was derived based on a month to month calculation of the amount of AA that would have been eligible for federal financial participation (FFP) had the child been eligible for AA during the appropriate time period in paragraph (C) of this rule.
(G) 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. The PCSA shall request the amount of the retroactive AA payment using the JFS 01659 "Title IV-E Auxiliary Payment Authorization" (rev. 3/2007).
(H) The PCSA shall provide the adoptive parent(s) with a copy of the completed JFS 01454.
(I) 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 case record. The PCSA shall also retain a copy of the JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 10/2006) and the JFS 01453 "Adoption Assistance Agreement" (rev. 4/2010) setting forth the provision for future AA payments.
(J) The adoptive parents shall notify the social security administration if a retroactive AA payment is approved for a month in which a supplemental security income payment was made on behalf of the child.
R.C. 119.032 review dates: 07/06/2011 and 09/01/2016
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, 4/1/2010