Chapter 5101:2-51 Adoption Assistance Connections

5101:2-51-01 Administration of the adoption assistance connections to age twenty-one.

(A) On behalf of the Ohio department of job and family services (ODJFS), the adoption assistance connections (AAC) to age twenty-one representative shall be responsible for the administration of the AAC program. The AAC representative shall enter into a JFS 00148 "Adoption Assistance Connections to age Twenty-One Agreement" (12/2017) with the adoptive parents of an eligible adopted young adult. The JFS 00148 will be referred to as the AAC agreement.

(B) ODJFS is responsible for ensuring the proper administration of funds both allocated or reimbursed.

(1) In accordance with federal requirements, ODJFS may not add any language to the AAC agreement that makes the AAC agreement subject to the availability of state funds.

(2) ODJFS is responsible for the full non-federal share.

(C) The AAC representative shall be responsible for:

(1) Determining initial and continuing eligibility for the AAC program.

(2) Maintaining a separate AAC case record for each program eligible adopted young adult for whom ODJFS has entered into an AAC agreement.

(3) Service planning to include:

(a) AAC case management.

(b) Referral for post-finalization adoption services.

(D) For the purposes of the AAC, an adopted young adult is defined as a person that was adopted at age sixteen or seventeen and was in the permanent custody of an Ohio public children services agency (PCSA) and the adopted young adult attained the age of sixteen before the Title IV-E adoption assistance agreement became effective. The adopted young adult must meet one of the following eligibility requirements pursuant to rule 5101:2-51-02 of the Administrative Code.

(E) The AAC representative shall provide and assist the adoptive parent(s) of an adopted young adult with a JFS 00147 "Adoption Assistance Connections (AAC) to Age Twenty-One Application" (12/2017) and the JFS 04059 "Explanation of State Hearing Procedures" (rev. 1/2015).

(F) The adoptive parent(s) shall submit the JFS 00147 and verification of eligibility to the AAC representative.

(G) For an adopted young adult with an AAC agreement in effect who moves out-of-state or resides out-of-state, the AAC representative shall follow the interstate compact on adoption and medical assistance (ICAMA) rule 5101:2-44-05.2 of the Administrative Code. The AAC representative 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.

(H) The AAC agreement remains in effect even though the adoptive parent(s) and the adopted young adult move to another county or state. The responsibility for management of the adoption assistance (AA) case remains with the AAC representative that entered into the AAC agreement prior to the move.

(I) If the adoptive parent(s) and the adopted young adult for whom an Ohio-executed AAC agreement is in effect reside in or move to another state, the adopted young adult will be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the adopted young adult resides. If any of the Title XX services specified in the AAC agreement are not available in the state where the adopted young adult resides, the AAC representative shall be responsible for providing or securing those services.

(1) The adopted young adult will be provided with Title XX services, as specified in the AAC agreement by the county where the adopted young adult resides.

(2) Nothing shall prohibit the adoptive parent(s) of an adopted young adult for whom an AAC 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 AAC agreement. The adoptive parent(s) may:

(a) Apply for the Title XX services in the county where the adoptive parent(s) resides; and

(b) Seek to amend the child's AAC agreement.

(J) The case record shall include the following information, when applicable:

(1) The AAC representative's actions in determining eligibility for AAC.

(2) A copy of the signed JFS 00147 and all amendments.

(3) A copy of the signed AAC eligibility determination shall be uploaded in the statewide automated child welfare information system (SACWIS).

(4) A copy of the JFS 00148.

(5) A copy of the ODM 6612 "Health Insurance Information Sheet" (rev. 9/2016).

(6) A copy of state hearing, administrative appeal and judicial review filings.

(7) If applicable, a copy of the JFS 01470 "Adoption Assistance State Mediation Conference Request" (rev. 1/2014).

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

(9) A copy of all required criminal record checks if not obtained by the PCSA.

(K) In accordance with rule 5101:2-33-23 of the Administrative Code, the AAC case record shall be permanently maintained.

Effective: 1/10/2018
Five Year Review (FYR) Dates: 01/10/2023
Promulgated Under: 119.03
Statutory Authority: 5101.1414
Rule Amplifies: 5101.1411, and 5101.1414 , 5101.1413, 5101.1412

5101:2-51-02 Eligibility for the adoption assistance connections to age twenty-one.

(A) To be eligible for the adoption assistance connections (AAC) to age twenty-one, an adopted young adult was adopted at age sixteen or seventeen and was in the permanent custody of an Ohio public children services agency (PCSA) and the child attained the age of sixteen before the adoption assistance agreement became effective. The adopted young adult must meet one of the following requirements:

(1) Is completing secondary education or a program leading to an equivalent credential.

(2) Is enrolled in an institution that provides post-secondary or vocational education.

(3) Is participating in a program or activity designed to promote or remove barriers to employment.

(4) Is employed for at least eighty hours per month.

(5) Is incapable of doing any of the activities described in paragraphs (A)(1) to (A) (4) of this rule due to a diagnosed physical or mental health condition, which incapacity is supported by updated information semi-annually.

(B) The adoptive parent(s) may apply for AAC if the adopted young adult has attained the age of eighteen and meets the following requirements:

(1) The adopted young adult meets one of the requirements in paragraph (A) of this rule.

(2) The adoptive parent(s) must maintain parental responsibility for the adopted young adult. An adoptive parent(s) maintains parental responsibility if the adoptive parent(s) provides the adopted young adult with shelter, food, and clothing, or other support regardless of the physical location of the adopted young adult.

(C) The adoptive parent(s) shall submit the JFS 00147 "Adoption Assistance Connections to Age Twenty-One Application" (12/2017) and documentation that the adopted young adult meets one of the eligibility requirements outlined in paragraph (A) of this rule to the AAC representative.

(D) The AAC representative shall determine eligibility in the statewide automated child welfare information system (SACWIS) and approve or deny the application within thirty calendar days after a completed application and all required documentation is provided.

(E) If an adopted young adult is eligible, the JFS 00148 "Adoption Assistance Connections to Age Twenty-One Agreement" (12/2017) is effective on the date it is signed by both the adoptive parent(s) and the AAC representative.

(F) The AAC agreement is binding on all parties. The terms of the AAC agreement may be amended at any time if both parties agree to the change.

(G) The AAC agreement shall remain in effect regardless of the state where the adoptive parent(s) resides unless the AAC agreement is terminated.

(H) The AAC representative shall give a copy of the signed AAC agreement and all amendments to the adoptive parent(s) and keep the originals in the AAC case record.

(I) The AAC representative that entered into the AAC 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 adopted young adult resides in accordance with rule 5101:2-51-01 of the Administrative Code.

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

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

(2) Request to amend the AAC agreement.

(K) If the AAC representative determines an adopted young adult is ineligible for AAC, the AAC representative shall provide the adoptive parent(s) with the following:

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

(2) The JFS 04059 "Explanation of State Hearing Procedures" (rev. 01/2015).

(L) If the AAC representative proposes to terminate the AAC agreement, the AAC representative shall provide the adoptive parent(s) with a written notice of the proposal and the right to a state hearing thirty calendar days prior to the termination date under any of the following circumstances:

(1) The AAC representative denies eligibility for AAC.

(2) The AAC representative denies the amount of monthly payment requested by the adoptive parent(s) in the AAC agreement.

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

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

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

(M) The AAC representative shall provide written notification to the adoptive parent(s) if any of the following occur:

(1) A determination to deny AAC eligibility.

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

(3) A denial for a request by the adoptive parent(s) to amend the terms of the current AAC agreement.

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

(5) A reduction or termination of the monthly payment.

(N) The AAC representative shall inform the adoptive parent(s) of all decisions to deny or approve AAC and include a copy of the JFS 04059.

(O) The AAC representative shall provide the adoptive parent(s) with the JFS 00149 "Adoption Assistance Connections to Twenty-One Semi-Annual Assurance of Parental Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" (12/2017) and adopted young adult with JFS 00150 "Adoption Assistance Connections to Twenty-One Adopted Young Adult Semi-Annual Assurance of Parental Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" (12/2017). The adoptive parent(s) and the adopted young adult shall submit the JFS 00149 and JFS 00150 semi-annually or whenever there is a significant change in the family situation for continued eligibility.

(1) If the documentation is received within thirty calendar days of the mailing date of the JFS 00149 and the JFS 00150 the AAC representative will check for continued eligibility.

(a) If eligible, the AAC representative will send a notice of eligibility.

(b) If determined ineligible, the AAC will send a notice of termination.

(2) If documentation is not received within thirty calendar days of the mailing date of the JFS 00149, the AAC representative will send a notice of termination as specified in paragraph (T) of this rule.

(P) For an adopted young adult who has an AAC agreement, the AAC representative shall assure that the case record contains documentation of one of the circumstances described in paragraphs (A)(1) to (A)(5) of this rule.

(Q) The adoptive parent(s) shall notify the AAC representative within fifteen calendar days of the date of any of the following:

(1) The adopted young adult's primary health care insurance coverage changes from medicaid to private health care insurance. The adoptive parent(s) shall complete an ODM 06612 "Health Insurance Information Sheet" (rev. 9/2016) as a result of this change.

(2) The family relocates.

(3) The adopted young adult enlisted in the military service.

(4) The adopted young adult has married.

(5) The adoptive parent(s) no longer has parental responsibility for the adopted young adult.

(6) The adopted young adult is no longer eligible pursuant to paragraphs (A) and (B) of this rule.

(R) If the adopted young adult meets the requirements described in paragraphs (Q)(3) to (Q)(6) of this rule, the AAC representative shall terminate the AAC agreement.

(S) The AAC agreement shall terminate when any of the following circumstances apply:

(1) At the end of the month of the adopted young adult's twenty-first birthday.

(2) If the adoptive parent(s) no longer has parental responsibility for the adopted young adult as defined in paragraph (B) of this rule.

(3) If the adoptive parent(s) requests to terminate the AAC agreement.

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

(5) If the adopted young adult dies.

(T) If the AAC representative proposes to terminate the AAC 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, the AAC agreement shall continue to be in effect 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), the AAC agreement shall remain in effect or an amended AAC 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 AAC agreement as specified in paragraph (O) of this rule, 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, the AAC agreement shall be terminated. Following the termination, the adoptive parent(s) may reapply for the AAC at any time prior to the adopted young adult attaining the age of twenty-one.

(U) If the AAC representative determines the AAC agreement should be terminated, the AAC representative shall complete the ODM 01958 "Referral for Medicaid Continuing Eligibility Review" (rev. 7/2014) pursuant to rule 5160:1-2-01.2 of the Administrative Code and send the ODM 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" (rev. 7/2014) to the adoptive parent(s).

Effective: 1/10/2018
Five Year Review (FYR) Dates: 01/10/2023
Promulgated Under: 119.03
Statutory Authority: 5101.1414
Rule Amplifies: 5101.1411, 5101.1412, 5101.1413 and 5101.1414

5101:2-51-03 Payments for the adoption assistance connections to age twenty-one.

(A) The maximum amount of the monthly adoption assistance connections (AAC) to age twenty-one payment shall not exceed the cost of the monthly foster care maintenance (FCM) payment that was paid or would have been paid if the adopted young adult had remained in a foster home.

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

(C) The AAC representative shall submit a waiver request to exceed the title IV-E adoption assistance statewide maximum in the statewide automated child welfare information system (SACWIS) to the office of families and children. The amount the AAC representative agrees to pay in excess of the statewide maximum AA payment shall not exceed the monthly FCM payment amount in accordance with paragraph (A) of this rule.

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

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

(D) If the adopted young adult receives supplemental social security income (SSI) benefits, the adopted young adult may receive AAC 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 AAC payment amount. It is the responsibility of the adopted parent(s) to advise the social security administration that the adopted young adult is in receipt of AAC.

(E) If the AAC representative and the adoptive parent(s) cannot mutually agree on the monthly AAC payment amount after negotiating for at least thirty days, the adoptive parent(s) may request a state mediation conference using the JFS 01470 "Adoption Assistance State Mediation Conference Request" (rev. 1/2014). The JFS 01470 shall be sent to the ODJFS state hearings department in the manner described on the form.

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

(2) The state mediator, AAC representative and adoptive parent(s) shall participate in the state mediation conference.

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

(4) If the state mediation conference is not successful. the AAC representative shall provide the adoptive parent(s) with the following:

(a) A written notice which shall contain a clear and understandable statement that all parties were not in agreement and the right to a state hearing.

(b) The JFS 04059 "Explanation of State Hearing Procedures" (rev. 01/2015).

Effective: 1/10/2018
Five Year Review (FYR) Dates: 01/10/2023
Promulgated Under: 119.03
Statutory Authority: 5101.1414
Rule Amplifies: 5101.1411, 5101.1412, 5101.1413, and 5101.1414