Chapter 5101:2-40 Supportive Services

5101:2-40-02 Supportive services for prevention of placement, reunification and life skills.

(A) The primary goals of all supportive services are:

(1) To respect and support the integrity of the child's family unit.

(2) To prevent placement of a child away from his or her family or caretaker.

(3) To enable a child's return home or to an alternative permanent placement.

(4) To assist a child who has attained the age of fourteen to prepare for transition from substitute care to independent living and self sufficiency.

(B) Supportive services shall be made available by the public children services agency (PCSA) to the child, his or her parent, guardian, or custodian through one or more of the following:

(1) Information and referral services to community resources.

(2) Direct services from the PCSA.

(3) Contract services from community service providers.

(4) Compact services from community service providers.

(5) Direct and indirect services from child abuse and neglect multidisciplinary teams.

(6) Direct and indirect services through the county family and children first council or the county "Help Me Grow" provider.

(C) Supportive services shall be based upon the PCSA's assessment of safety and risk to the child and shall be available during all of the following:

(1) The safety planning process.

(2) The assessment/investigation process.

(3) The supervision of a child in his or her own home without court order.

(4) The protective supervision of a child as ordered by the court.

(5) The child's substitute care placement.

(6) The period immediately following reunification of the child, as appropriate.

(D) Supportive services shall be available if one or more of the following exists:

(1) The child, his or her parent, guardian, or custodian requests services, and the PCSA determines the services are necessary.

(2) The case decision or other information obtained during the assessment/investigation indicates the need for the services.

(3) The PCSA receives an order of protective supervision.

(4) The child is placed in substitute care.

(E) If one or more of the conditions listed in paragraph (D) of this rule exist, the JFS 01410 "Comprehensive Assessment and Planning Model I. S., Case Plan" (rev. 2/2006) or the JFS 01418 "Family Service Plan" (rev. 7/2011), shall be prepared in accordance with rules 5101:2-38-01, 5101:2-38-05, and 5101:2-38-20 of the Administrative Code.

(F) The PCSA shall establish procedures for referring a child who is the subject of a report and is not at risk of imminent harm, to a community organization or voluntary preventive services.

(G) The PCSA may provide any of the mandated services identified in this paragraph directly, or may arrange service delivery with a community service provider:

(1) Case management services. "Case management services" are activities performed by the PCSA, private child placing agency (PCPA), private non-custodial agency (PNA) or Title IV-E agency for the purpose of providing, recording and supervising services to a child and his or her parent, guardian, custodian, caretaker or substitute caregiver.

(2) Counseling services. "Counseling services " may include one or both of the following:

(a) General counseling services performed by a PCSA or shelter for victims of domestic violence to assist a child, a child's parents, and a child's sibling in alleviating identified problems causing or may cause the child to be an abused, neglected, or dependent child.

(b) Psychiatric or psychological therapeutic counseling services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or person licensed under Chapter 4757. of the Revised Code to engage in social work or professional counseling.

(3) Diagnostic services. "Diagnostic services" are medical, psychiatric, or psychological services performed by a licensed physician, psychiatrist, psychologist, licensed professional counselor with clinical endorsement, or a licensed independent social worker for the purpose of evaluating an individual's current physical, emotional, or mental condition.

(4) "Help Me Grow" early intervention services. "Help Me Grow early intervention services" are services provided to a child under age three which can include developmental evaluations and assessments, speech and hearing services, family training and counseling, home visits, occupational or physical therapy, social and psychological services and service coordination.

(5) Emergency shelter. "Emergency shelter" is the short-term crisis placement of any child threatened or alleged to be abused, neglected, or dependent to an extent there is imminent risk to the child's life, physical or mental health, or safety.

(6) Home health aide services. "Home health aide services" are the personal care and maintenance activities provided to individuals for the purpose of promoting normal standards of health and hygiene.

(7) Homemaker services. "Homemaker services" are the professionally directed or supervised simple household maintenance or management services provided by trained homemakers or individuals to families in their own homes.

(8) Protective child care services. "Protective child care services" are services provided for a portion of the twenty-four hour day for the direct care and protection of children who have been harmed or threatened with harm, or at risk of abuse, neglect, or exploitation due to a psychological or social problem, or physical or mental handicap of a caretaker parent, or whose health or welfare is otherwise jeopardized by their home environment.

(9) Substitute care. "Substitute care" is the care provided for a child apart from his or her parent or guardian, while the child's custody is held by a PCSA or PCPA.

(10) Therapeutic services. "Therapeutic services" are medical, psychiatric or psychological services performed by licensed or certified physicians, psychiatrists, psychologists, professional counselors or independent social workers for the purpose of correcting or alleviating physical, mental, or emotional illnesses, or disorders.

(H) If the PCSA determines an emergency exists and supportive services are necessary, the PCSA shall immediately, but no later than the next business day after making this determination, make available any appropriate mandated services listed in paragraph (G) of this rule by providing or arranging the services in order to:

(1) Prevent child abuse or neglect.

(2) Prevent or eliminate the need for removal of the child from his or her home.

(3) Prevent placement of a child away from his or her kinship care family.

(4) Safely return a child to his or her parent, guardian, or custodian.

(I) The PCSA shall make available such mandated services listed in paragraph (G) of this rule by providing or arranging the services, no later than fourteen days from the earliest date of either of the following:

(1) The case plan has been signed and agreed upon by the parent, guardian, or custodian.

(2) The case plan has been journalized by the court.

(J) The PCSA shall no later than thirty days from the date the case plan is signed by the parent, guardian, or custodian or the court journalizes the case plan, if applicable, make available the mandatory services listed in this paragraph:

(1) Adoption. "Adoption" is the creation, by a court of competent jurisdiction, of parental rights and responsibilities between a child and an adult, along with the termination of all parental rights and responsibilities to the child held by any other persons, not previously surrendered or terminated by court order.

(2) Information and referral services. "Information and referral services" are services assisting any person in locating and/or using available and appropriate resources.

(3) Life skill services. "Life skill services" are a series of developmentally appropriate services or activities providing an opportunity for a child to gain the skills needed to live a self-sufficient adult life pursuant to rule 5101:2-42-19 of the Administrative Code.

(4) Unmarried parent services, as specified in rule 5101:2-42-70 of the Administrative Code.

(K) If there are barriers to the provision or arrangement of needed services, the PCSA caseworker shall identify them and have the immediate supervisor or the director review the information.

(L) The results of the supervisory review shall be documented in the case record showing the services needed, and the barriers causing the PCSA's inability to provide them directly, or arrange for their provision.

(M) The PCSA shall make available a minimum of three of the following supportive services within the county:

(1) Community education services. "Community education services" are a range of public information activities designed to increase the public awareness of child abuse or neglect and to promote appropriate utilization of services.

(2) Crisis services. "Crisis services" are services provided to families in crisis situations for the purpose of providing an immediate or temporary solution to the presenting problem.

(3) Emergency caretaker services. "Emergency caretaker services" are services provided by a person placed within a child's own home to act as a temporary caretaker if the child's own caretaker is unable or unwilling to fulfill the responsibility.

(4) Employment and training services. "Employment and training services" are services designed to assist individuals in obtaining paid employment. Such services include, are not limited to, the use of social, psychological, and vocational diagnostic assessment, training, and placement.

(5) Environmental management services. "Environmental management services" are services offered to the child and his or her family or caretaker to improve physical living conditions and provide emergency funds. Such services may be provided, arranged, or ensured and include, but are not limited to, housing repair, housing location, exterminating rodents or insects, lead abatement or making available financial assistance for outstanding utility bills.

(6) Parent aide services. "Parent aide services" are supportive services provided by a person assigned to families as a role model, and providing family support for a portion of the twenty-four-hour day.

(7) Parent education services. "Parent education services" is a teaching process to assist a parent, guardian, or custodian in developing the basic skills necessary to provide adequate care and support to a child in his or her own home.

(8) Day treatment services. "Day treatment services" are services provided for a portion of the day for a child living at home or in substitute care, who is at risk, or is or has been abused or neglected, and manifests emotional, psychological, behavioral, or social problems which cannot be resolved in nonspecialized educational or developmental settings, or in specialized settings such as learning behavioral disabilities classes.

(9) Volunteer services. "Volunteer services" are services performed by a person of his or her own free will and without monetary gain or compensation.

(N) The PCSA may consider contacting the county department of job and family services (CDJFS) to determine if any services or assistance can be provided to families coming to the PCSA's attention including but not limited to prevention, retention or contingency (PRC) services.

(O) Each PCSA participating in the regionalization of supportive services must identify regionalized services, and the other counties involved in the regionalization of services.

(P) If the PCSA identifies, through completion of an assessment of safety, a child is in immediate danger of serious harm because the parent, guardian, or custodian of the child has a chemical dependency problem or a chemical dependency problem is the basis for a court's determination the child is an abused, neglected or dependent child, the agency shall:

(1) Develop and implement a safety plan pursuant to rule 5101:2-37-02 of the Administrative Code in order to protect and keep the child safe.

(2) Refer the parent, guardian, or custodian to an alcohol or drug addiction program certified by the Ohio department of mental health and addiction services for initial screening, assessment, treatment or testing.

(3) Notify the CDJFS of the referral if the parent, guardian, or custodian is an Ohio works first (OWF) participant in order to determine if the self-sufficiency contract needs to be amended.

(Q) The PCSA may require the parent, guardian, or custodian to reimburse the agency for the costs incurred for alcohol or drug testing if the parent, guardian, or custodian is not a recipient of medicaid.

(R) At the conclusion of a diagnostic service, the PCSA shall request a written report from the service provider. Reports involving treatment shall contain information indicating the progress the parent, guardian, or custodian and child have made to resolve areas identified in the provider's service or treatment plan. Upon receipt of the report, it shall be maintained in the case record.

(S) At a minimum of once every three months and at the conclusion of any services or treatment, the PCSA shall request written or verbal reports from all service providers. Reports shall contain information indicating the progress the parent, guardian, or custodian and child have made to resolve areas identified in the provider's service or treatment plan. Upon receipt of the report, it shall be maintained in the case record. If the report is not written, the service provider's identity, the date of the verbal report, and the content of the verbal report shall be documented in the statewide automated child welfare information system (SACWIS).

(T) The PCSA shall document the following in SACWIS:

(1) Supportive service offered or provided.

(2) Supportive services planned, but not provided, and the reason the services were not provided.

(U) Services made available by the PCSA can be paid for through utilization of the following funding sources, if appropriate:

(1) Title IV-B funds.

(2) Title IV-E funds.

(3) Title XX funds, through the CDJFS.

(4) State child protection allocation.

(5) Temporary assistance for needy families (TANF) funds, through the CDJFS.

(6) Local funds.

(V) Utilization of the funding sources outlined in paragraph (U) of this rule shall be governed by the respective guidelines of each funding source.

(W) The director of the PCSA shall be responsible for submitting a letter to the appropriate Ohio department of job and family services (ODJFS) field office by January first of every year containing the following assurances:

(1) All supportive services mandated in paragraphs (G) and (J) of this rule are available to all children and families in need of services without regard to income, race, color, national origin, religion, social status, handicap, or sex.

(2) There is a commitment to maintaining and improving the quality of services for the support of families and the protection of children.

(3) There is a commitment to meeting staff resource requirements of the state and/or county civil service system.

(4) There are written policies and procedures for reviewing and resolving complaints concerning the provision of supportive services pursuant to rule 5101:2-33-20 of the Administrative Code.

(X) At the same time the director submits the letter, he or she may submit a request to obtain ODJFS approval to waive the requirement for the provision of homemaker or home health aide and/or protective child care services listed in paragraph (G) of this rule. A waiver for either or both of these services may be granted on an annual basis. In order for the waiver to be granted by ODJFS, the PCSA must provide the following information in the request for a waiver:

(1) The number of requests for the provision of protective child care services or homemaker/home health aide services received during the last year.

(2) The number of times the agency provided protective child care services or homemaker/home health aide services during the last year.

(3) Whether or not protective child care services and/or homemaker/home health aide services are available within the county, and if not, where protective child care services or homemaker/home health aide services are available in proximity to the county.

(4) The projected unit cost (per hour) for provision of protective child care services or homemaker/home health aide services.

(5) The projected total cost for county/agency provision of protective child care services or homemaker/home health aide services.

(6) The PCSA must also certify the service(s) are:

(a) Not needed by a significant number of people within the county.

(b) Not available from the PCSA or other community resources within the county.

(c) An undue or excessive cost if compared to the benefits to be derived from the service(s).

Effective: 10/1/2017
Five Year Review (FYR) Dates: 08/01/2018
Promulgated Under: 119.03
Statutory Authority: 2151.412, 2151.421, 5153.16
Rule Amplifies: 2151.412, 2151.421, 5153.16
Prior Effective Dates: 4/1/83, 1/1/87, 1/1/88, 1/1/89, 1/1/91, 10/1/92, 12/15/96 (Emer.), 3/31/97, 6/30/97 (Emer.), 6/17/99, 4/1/01, 6/25/04, 3/1/06, 10/1/09, 5/30/14

5101:2-40-04 Kinship permanency incentive (KPI) program.

(A) The KPI program is designed to promote a permanent commitment by a kinship caregiver(s) through becoming guardians and custodians over minor children who would otherwise be unsafe or at risk of harm if they remained in their own homes. KPI provides up to eight incentive payments to families caring for their kin.

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

(1) "Custodian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual who has legal custody of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(2) "Family" means a kinship caregiver, spouse of the kinship caregiver, and all of the minor children for whom the kinship caregiver and spouse of the kinship caregiver are responsible, and who reside in the same household.

(3) "Fraudulent incentive" means incentive funds provided to the kinship caregiver(s) as a result of fraud by the kinship caregiver(s), including an intentional violation of the program requirements. Fraudulent incentive does not include incentive payments provided due to an error of the agency in processing the application.

(4) "Gross income" means income of the family as defined in paragraph (B)(2) of this rule before taxes and deductions.

(5) "Guardian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual that is granted authority by a probate court or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child's parents.

(6) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code, which is any of the following who is eighteen years of age or older and is caring for a child in place of the child's parents.

(a) Individuals related by blood or adoption to the child including:

(i) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great."

(ii) Siblings.

(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand."

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child.

(c) Spouses and former spouses of individuals named in paragraphs (B)(6)(a)(i) to (B)(6)(a)(iv) and (B)(6)(b) of this rule.

(d) A legal guardian of the child.

(e) A legal custodian of the child.

(7) "Minor child" has the same meaning as in 45 C.F.R. 260.30 (2003), which is either of the following:

(a) An individual who has not attained age eighteen.

(b) An individual who has not attained age nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(C) Eligible kinship caregiver(s) shall receive an initial incentive payment and may receive subsequent payments at six-month intervals to support the stability of the child's placement in the home.

(1) The maximum incentive amount may not exceed eight payments per child per kinship caregiver(s).

(2) Individuals who were approved for their sixth incentive payment prior to March 17, 2014 are not eligible for additional incentive payments.

(3) Individuals who submitted their sixth application to the public children services agency (PCSA) on or after March 17, 2014 may be eligible for additional incentive payments.

(4) Individuals who have not received their sixth incentive payment may be eligible for additional incentive payments.

(D) For each state fiscal year (SFY), the Ohio department of job and family services (ODJFS) shall determine the initial and subsequent payment amounts. At the beginning of each SFY, ODJFS shall provide notice to the PCSAs identifying the initial and subsequent payment amounts for that SFY.

(E) The PCSA shall determine the kinship caregiver(s) eligible for KPI when all of the following criteria are met:

(1) On July 1, 2005 or thereafter, a court issued an order granting legal custody or guardianship to the kinship caregiver(s). A temporary court order is not sufficient to meet this requirement.

(2) The minor child resides with the kinship caregiver(s). If the child is on temporary leave from the kinship caregiver's home (e.g., hospitalization, mental health treatment or respite) and the kinship caregiver retains legal custody or guardianship this shall not preclude eligibility for KPI.

(3) The kinship caregiver(s) is a resident of the state of Ohio.

(4) The gross income of the kinship caregiver's family does not exceed three hundred per cent of the federal poverty guidelines.

(5) The placement has been assessed and approved by the PCSA or private child placing agency (PCPA).

(a) For children placed by the PCSA or PCPA, the placement was assessed and approved pursuant to paragraphs (B) to (I) of rule 5101:2-42-18 of the Administrative Code.

(b) For children placed directly with a kinship caregiver by a court or relative, the PCSA shall assess the home in accordance with the requirements identified in paragraphs (B) and (D) to (I) of rule 5101:2-42-18 of the Administrative Code prior to the approval of KPI.

(F) The kinship caregiver(s) shall apply for the KPI program by submitting the following to the PCSA in the county in which the caregiver resides:

(1) The JFS 01501 "Application for Kinship Permanency Incentive" (rev. 7/2017).

(2) Verification that the caregiver has obtained legal custody or guardianship on or after July 1, 2005.

(3) Verification of income. Exclusions of reported income are as follows and shall not be included in the income calculation for eligibility:

(a) Child support paid out to another custodian for a child in the other custodian's care. The total amount of child support paid out shall be deducted from the gross income.

(b) Up to one hundred dollars per month per child of any child support received on behalf of the child(ren) for whom the kinship caregiver is applying for the KPI program.

(c) Any Ohio works first (OWF) payments.

(d) Any income of minor children, including employment income and social security benefits paid to a child.

(e) Supplemental security income (SSI) payments and social security disability income (SSDI) payments.

(f) Adoption subsidy payments and foster care reimbursements.

(G) When the kinship caregiver(s) submits an application for re-determination, the PCSA shall review the eligibility requirements in paragraph (E) of this rule with the kinship caregiver(s).

(1) The PCSA shall ensure that the requirements in paragraphs (E) (1) to (E)(4) of this rule continue to be met by the kinship caregiver's family.

(2) If there are any new adults in the home, the PCSA shall conduct background checks on the adult(s) pursuant to paragraphs (B)(3) and (B)(9) of rule 5101:2-42-18 of the Administrative Code.

(3) If the kinship caregiver(s) has moved to a new address, the PCSA shall ensure that the home meets the requirements listed in paragraph (B)(5) of rule 5101:2-42-18 of the Administrative Code.

(H) At the time of the kinship caregiver's initial application or re-determination, the PCSA in the county in which the kinship caregiver(s) resides shall:

(1) Provide the kinship caregiver(s) with the JFS 01501 upon request.

(2) Determine eligibility for the initial incentive payment.

(3) Notify the kinship caregiver(s) of the approval, denial or incomplete application in accordance with paragraphs (I) and (J) of this rule.

(4) Inform the kinship caregiver(s) that subsequent payments require re-determination of eligibility every six months and that the kinship caregiver(s) must submit another application.

(5) Notify the kinship caregiver(s) at least thirty, but not more than sixty, calendar days prior to the eligibility for a subsequent incentive payment that the kinship caregiver(s) must submit a JFS 01501 and verifying documentation to enable the PCSA to determine eligibility.

(6) Determine continuing eligibility for subsequent incentive payments as long as the kinship caregiver(s) resides in that county.

(7) Notify the kinship caregiver(s) of the approval, denial or incomplete application for subsequent incentive payments in accordance with paragraphs (I) and (J) of this rule.

(8) Conduct a face-to-face or telephone interview with the kinship caregiver(s) to determine eligibility no less frequently than annually.

(I) The PCSA shall approve or deny the application for KPI based on criteria identified in paragraphs (E)(1) to (E)(5) of this rule and provide written notification on the "Notice of Approval for Kinship Permanency Incentive Funds" or the "Notice of Denial for Kinship Permanency Incentive Funds" reports generated from the statewide automated child welfare information system (SACWIS) to the kinship caregiver(s) of its decision within fifteen business days of receipt of the completed JFS 01501, supporting documentation, and the results of the background checks.

(J) When sufficient information is not available to enable the PCSA to approve or deny the application for incentive payments, the PCSA shall provide the kinship caregiver(s) with notification on the "Notice of Incomplete Kinship Permanency Incentive Application" generated from SACWIS that identifies the information needed and informs the kinship caregiver(s) that if information requested is not submitted within ten calendar days the application will be denied. This shall not prohibit the kinship caregiver(s) from reapplying.

(K) If a kinship caregiver(s) relocates to another Ohio county, the PCSA in the new county of residence is responsible for determining eligibility for subsequent incentive payments . When known, the PCSA in the county in which the kinship caregiver(s) currently resides shall coordinate with the PCSA in the county of former residence in order to secure information regarding prior incentive payments. The PCSA in the county in which the kinship caregiver(s) formerly resided shall share information regarding prior incentive payments and upon request, transfer the case to the PCSA of the kinship caregiver's new county of residence.

(L) When a PCSA conducts and approves a home assessment in accordance with rule 5101:2-42-18 of the Administrative Code for a child's placement with a relative or nonrelative substitute caregiver residing in another county, the PCSA in the county of residence may use the approved home assessment to support KPI program eligibility.

(M) The kinship caregiver(s) shall notify the PCSA of any status change in the household that may impact eligibility, including any new household members and any change of address.

(N) The PCSA may develop an interagency agreement with the CDJFS to assist in gathering eligibility information necessary for the PCSA to approve or deny the application.

(O) If a director of a PCSA determines that a kinship caregiver(s) has received a fraudulent incentive, the kinship caregiver(s) shall be ineligible to participate in the KPI program for any child. The PCSA that determines that a kinship caregiver(s) has received a fraudulant incentive shall indicate this in SACWIS.

(P) The PCSA shall enter applications and incentive payments into SACWIS.

(Q) In order to confine KPI expenditures to appropriated state funds, the director of the department of job and family services, or designee, may issue an order at any time suspending the intake of any applications for KPI. During a program suspension, all applicants will be advised that a suspension is in effect. All applications will be denied during the same time that a suspension is in effect. No waiting lists will be established during the periods of suspension.

(R) The PCSA shall inform the kinship caregiver(s) of the right to request a state hearing and provide the kinship caregiver(s) with a copy of the JFS 04059 "Explanation of State Hearing Procedures" (rev. 1/2015) upon approval or denial of their application. The kinship caregiver(s) has the right to request a state hearing if the PCSA denies eligibility for KPI, or the application has been acted upon erroneously, or not acted upon with reasonable promptness.

Effective: 9/1/2017
Five Year Review (FYR) Dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.801, 5101.802
Rule Amplifies: 5101.801, 5101.802
Prior Effective Dates: 1/1/2006, 7/2/2007 (Emer.), 9/30/2007, 8/21/2009 (Emer.), 11/18/2009, 7/1/2011 (Emer.), 9/29/2011, 5/4/2014, 1/20/2015

5101:2-40-06 Kinship child care program.

(A) The kinship child care program provides child care services to eligible kinship families.This temporary assistance for needy families (TANF) non-assistance program is not part of the publicly funded child care program.

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

(1) "Custodian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual who has legal custody of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(2) "Guardian" has the same meaning as in section 5107.02 of the Revised Code, which is an individual that is granted authority by a probate court or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child's parents.

(3) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code, which is any of the following who is eighteen years of age or older and is caring for a child in place of the child's parents:

(a) The following individuals related by blood or adoption to the child:

(i) Grandparents, including grandparents with the prefix "great", "great-great", or "great-great-great";

(ii) Siblings;

(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great", "great-great", "grand", or "great-grand";

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child;

(c) Spouses and former spouses of individuals named in paragraphs (B)(3)(a) and (B)(3)(b) of this rule;

(d) A legal guardian of the child; or

(e) A legal custodian of the child.

(4) "Kinship child" means a child being cared for by any kinship caregiver pursuant to paragraphs (B)(1) to (B)(3) of this rule.

(5) "Kinship family" means the kinship caregiver, spouse of the kinship caregiver, and all of the minor children for whom the kinship caregiver and spouse of the kinship caregiver are responsible, and who reside in the same household.

(C) When a public children services agency (PCSA) is considering placement of a child with a kinship caregiver as defined in paragraph (B)(3) of this rule, or when a kinship caregiver has been approved for the kinship permanency incentive program (KPIP) and the PCSA determines that the kinship caregiver has a need for child care services, the PCSA shall:

(1) Complete the JFS 01499 "Pre-Screening Tool for Kinship Child Care" (02/2018) for the kinship family to determine whether the kinship family may qualify for publicly funded child care or the kinship child care program; and

(2) Send the completed JFS 01499 to the Ohio department of job and family services (ODJFS). The PCSA may choose to retain the completed forms and send them in batches to ODJFS no later than the end of each calendar month.

(D) When a PCSA has approved a kinship home assessment and the JFS 01499 indicates the kinship family may be eligible for publicly funded child care or the kinship child care program, the PCSA shall do one of the following:

(1) Assist the kinship caregiver with the application process for publicly funded child care pursuant to rule 5101:2-16-30 of the Administrative Code when the PCSA determines the kinship family may be eligible for publicly funded child care; or

(2) Inform the kinship caregiver about the kinship child care program and provide the kinship caregiver with the JFS 01500 "Kinship Child Care Application" (02/2018) when the PCSA determines that the kinship family will not qualify for publicly funded child care, but may qualify for the kinship child care program.

(E) A kinship family may be eligible for the kinship child care program when all of the following requirements are met:

(1) A PCSA is currently or was previously involved with the family, including solely for kinship permanency incentive program approval purposes, and supports the kinship child(ren) residing in the home of the kinship caregiver;

(2) The PCSA has completed and approved a home assessment in accordance with rule 5101:2-42-18 of the Administrative Code for the child(ren) for which the kinship caregiver has a need for child care services;

(3) The gross income of the kinship family, including the kinship child(ren) does not exceed two hundred per cent of the federal poverty guidelines. The income eligibility guidelines will be published annually in a child care manual procedure letter;

(4) The child(ren) in need of kinship child care is less than thirteen years of age, or less than eighteen years of age and meets the definition of "special needs" pursuant to rule 5101:2-16-01 of the Administrative Code;

(5) The kinship caregiver is a resident of Ohio;

(6) The kinship child(ren) in need of child care resides with the kinship caregiver;

(7) The kinship caregiver and kinship child(ren) must be United States citizens, non-citizen nationals, or qualified aliens as those terms are defined in rule 5101:1-2-30 of the Administrative Code;

(8) The kinship caregiver and kinship child(ren) must have, or have applied for, social security numbers;

(9) The kinship caregiver must not owe any of the cost of fraudulent TANF assistance paid to the kinship caregiver;

(10) The kinship caregiver must have been afforded the opportunity to register to vote; and

(11) The kinship family has a need for kinship child care services for the kinship child(ren). A need for kinship child care services results when the kinship caregiver(s):

(a) Is participating in paid employment on a full-time or part-time basis;

(b) Is participating in a training or education activity; or

(c) Requires child care services which provide temporary relief of child caring functions, are reasonable and necessary, and are intended for the kinship family to receive a break.

(F) The kinship family shall apply for the kinship child care program by submitting a completed application to the PCSA who holds custody of the child, or to the PCSA in the kinship caregiver's county of residence when the kinship caregiver has custody or guardianship of the child. A completed application includes all of the following:

(1) The JFS 01500;

(2) Verification of citizenship or qualified alien status for the kinship child(ren) in need of care;

(3) Verification of income for all household members pursuant to rule 5101:2-16-34 of the Administrative Code; and

(4) Verification of a need for kinship child care, which includes but is not limited to:

(a) Pay stubs that indicate hours of work;

(b) A statement from an employer indicating hours of work;

(c) A class schedule;

(d) A training schedule; or

(e) A client statement regarding the need for kinship child care services which addresses why they are reasonable and necessary.

(G) The PCSA shall determine how much child care the kinship family needs for the kinship child(ren) on a weekly basis. The PCSA shall base the determination on the need identified by the kinship family pursuant to paragraph (E)(11) of this rule and shall assign the need according to the following categories:

(1) Hourly, which is less than 7.0 hours per week;

(2) Part-time weekly, which is 7.0 to less than 25.0 hours per week; or

(3) Full-time weekly, which is 25.0 to 60.0 hours per week.

(H) The PCSA shall assess a kinship family's eligibility for the kinship child care program as soon as possible, but no later than five business days from the date the PCSA receives the completed application. The PCSA shall retain a copy of the JFS 01500 and copies of all required supporting documentation in the agency's files.

(I) The PCSA shall provide all of the following to ODJFS:

(1) The JFS 01500 and other documentation required in paragraph (F) of this rule;

(2) A recommendation to approve or deny eligibility for the kinship child care program; and

(3) A recommendation of hours of authorization pursuant to paragraph (G) of this rule, if the PCSA is recommending approval of eligibility.

(J) ODJFS will notify both the kinship caregiver and the PCSA of the final determination of initial eligibility.

(K) If the kinship family is determined eligible for kinship child care benefits, the initial eligibility period may begin on the date the PCSA received the completed application and shall last for four months, unless the kinship child is no longer residing in the home.

(L) An eligible kinship caregiver may receive kinship child care services from a child care provider who has entered into and is abiding by a provider agreement pursuant to rule 5101:2-16-44 of the Administrative Code and is any of the following:

(1) Licensed by the state of Ohio in accordance with Chapter 5101:2-12 or 5101:2-13 of the Administrative Code;

(2) Approved as a day camp in accordance with Chapter 5101:2-18 of the Administrative Code;

(3) Licensed by the Ohio department of education;

(4) An in-home aide certified in accordance with Chapter 5101:2-14 of the Administrative Code; or

(5) An eligible border state provider.

(M) If a kinship caregiver chooses an individual as a child care provider who does not meet the requirements listed in paragraph (L) of this rule, the PCSA shall notify the individual that they may be eligible to apply for an expedited process to become a licensed type B home provider to provide kinship child care as determined by ODJFS.

(N) If the kinship caregiver chooses to reapply for ongoing benefits through the kinship child care program, the kinship caregiver shall submit the JFS 01500, current income verification, and current verification of the need for kinship child care benefits to the PCSA no later than thirty calendar days prior to the end of the current eligibility period.

(O) When the kinship caregiver submits the JFS 01500 to reapply for the kinship child care program, the PCSA shall complete the activities in paragraphs (G) to (I) of this rule.

(P) ODJFS will notify both the kinship caregiver and the PCSA of the final redetermination of eligibility.

(Q) If the kinship family's reapplication for kinship child care benefits is approved, the new period shall begin on the date following the last day of the current eligibility period and shall continue for twelve months.

(R) The kinship caregiver shall notify the PCSA within ten calendar days of any changes that may affect their eligibility for the kinship child care program including:

(1) A change in income;

(2) A change in the need for kinship child care including, but not limited to changes in employment, education, or job training;

(3) A change in household members;

(4) A change of address;

(5) The child(ren) in need of child care is no longer residing in the kinship placement.

(S) The PCSA shall notify ODJFS within three business days of any changes reported by the kinship caregiver that may affect their eligibility for the kinship child care program, pursuant to paragraph (R) of this rule.

(T) In the event state funding is no longer available, the kinship child care program will close. Once state funds have been exhausted, neither ODJFS nor the PCSA may be held responsible for payment of child care services.

Effective: 5/1/2018
Five Year Review (FYR) Dates: 05/01/2023
Promulgated Under: 119.03
Statutory Authority: Section 307.25 of HB49, 132nd GA, 5153.16, 5101.801
Rule Amplifies: Section 307.25 of HB49, 132nd GA, 5101.80 , 5101.801, 5101.802