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

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

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

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

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

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

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

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

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

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

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

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

(4) The child’s date of birth.

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

(6) The date of the adoptive placement.

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

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

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

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

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

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

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

Replaces: 5101:2-47-39

Effective: 01/01/2007

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

Promulgated Under: 119.03

Statutory Authority: 5101.11, 5101.141

Rule Amplifies: 5101.11, 5101.141, 5153.16

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