Chapter 5101:2-44 State Adoption Subsidy Program

5101:2-44-03 Public children services agency (PCSA) administration of the state adoption maintenance subsidy program.

(A) A public children services agency (PCSA) is responsible for the administration and determination of eligibility for the state adoption maintenance subsidy. The PCSA shall:

(1) Provide the JFS 01613 "Application for State Adoption Subsidy" (rev. 7/2004) to any prospective adoptive parent(s) of a child in the custody of a PCSA or private child placing agency (PCPA) or upon request.

(2) Determine whether the adoptive child meets the special needs criteria for a state adoption maintenance subsidy as defined in rule 5101:2-1-01 of the Administrative Code and document the special needs of the child on the JFS 01615 "State Adoption Maintenance Subsidy Agreement" (rev. 4/2014). If the agency determines the child does not meet the special needs criteria for a state adoption maintenance subsidy, the PCSA shall document the reason for this determination on the JFS 07334 "Notice of Denial of Your Application for Assistance" (rev. 9/2011).

(3) Determine whether the child has or does not have a special need for medical, mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code and document on the JFS 01449 "Determination of Special Needs For Medical, Mental Health or Rehabilitative Care" (rev. 7/2004) .

(4) Determine the adoptive child's eligibility status within forty-five days of receipt of a complete state adoption maintenance subsidy application packet. A complete packet will contain a JFS 01613, JFS 01654 "Adoptive Placement Agreement" (rev. 10/2001), if applicable, and the child study inventory. Any other information that may help in determining the special needs and resource needs of the child may be included in the packet.

(5) Notify the adoptive parent of the approval or denial of the state adoption maintenance subsidy within fifty days of receipt of a complete state adoption maintenance subsidy application packet with the JFS 01615 or the JFS 07334 . The state adoption maintenance subsidy application shall be approved or denied prior to the adoption finalization.

(B) The PCSA in the county in which a private child placing agency (PCPA) is located is responsible for the administration of a state adoption maintenance subsidy for a child in the permanent custody of the PCPA who is eligible pursuant to rule 5101:2-44-06 of the Administrative Code.

(C) State adoption special service subsidy approvals entered into prior to July 1, 2004 shall be redetermined in accordance with rule 5101:2-44-09 of the Administrative Code.

(D) The PCSA shall establish and maintain policy and procedures governing its state adoption maintenance subsidy program in accordance with 42 U.S.C. section 671(a)(21) (1/3/06) and section 5153.163 of the Revised Code. Such policy and procedures shall be consistent with Chapter 5101:2-44 of the Administrative Code and shall be part of the PCSA adoption policy prepared pursuant to rule 5101:2-48-05 of the Administrative Code.

(E) The PCSA's policy shall indicate whether the PCSA continues to provide the state adoption special services subsidies for those approvals in effect before July 1, 2004.

(F) The PCSA shall document, in the PCSA's adoption policy, a description of the opportunity for a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(G) A state adoption maintenance subsidy payment shall continue if the adoptive parent moves to another county, state or country unless the PCSA that approved the subsidy determines that the adoptive parent and the adoptive child are no longer eligible pursuant to rules 5101:2-44-06 and 5101:2-44-08 of the Administrative Code.

(H) The PCSA shall make an annual redetermination of eligibility for the state adoption maintenance subsidy program pursuant to rule 5101:2-44-08 of the Administrative Code, unless the state adoption subsidy is suspended pursuant to rule 5101:2-44-10 of the Administrative Code.

(1) The PCSA's approvals and amendments of a state adoption maintenance subsidy shall be documented on the JFS 01615 the initial agreement, and for redeterminations or amendments, the JFS 01614 "Redetermination or Amendment of a State Adoption Maintenance Subsidy " (4/2014) .

(2) The PCSA's suspensions, decreases, and terminations of a state adoption maintenance subsidy shall be documented on the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001).

(I) If the PCSA determines the adoptive parent is approved for a state adoption maintenance subsidy and the adoptive child has a special need for medical, mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code, the PCSA shall provide the adoptive parent with the following forms, including explanations and instructions:

(1) JFS 01615 .

(2) JFS 01449 .

(3) JFS 07216 "Combined Programs Application" (rev. 11/2013).

(J) If the PCSA determines the adoptive parent is approved for a state adoption maintenance subsidy, but the adoptive child does not have a special need for medical, mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code, the PCSA shall provide the adoptive parent with the following forms, including explanations and instructions:

(1) JFS 01615 .

(2) JFS 01449 indicating the child does not have a special need for medical, mental health, or rehabilitative care.

(3) JFS 07334 indicating the child does not have a special need for medical, mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of the Administrative Code.

(K) The PCSA may issue an approval for a state adoption maintenance subsidy prior to the adoptive placement of the child upon the condition that the effective date shall be no earlier than the date of adoptive placement.

(L) State adoption maintenance subsidy payments shall be made for no longer than twelve months prior to the issuance of a final decree, unless a final decree is delayed by proceedings or action under the jurisdiction of the court. If, for any other reason, finalization of the adoption does not occur within the twelve-month period of the state adoption subsidy payment, the state adoption maintenance subsidy payment shall be suspended pursuant to rule 5101:2-44-10 of the Administrative Code. Upon finalization, the suspended subsidy shall be redetermined pursuant to rule 5101:2-44-08 of the Administrative Code.

(M) The PCSA shall provide documentation of the compliance with paragraphs (A) and (G) to (K) of this rule in the adoptive parent's state adoption maintenance subsidy record pursuant to rule 5101:2-44-12 of the Administrative Code.

(N) The PCSA shall assist the adoptive parent in exploring other sources of assistance, support, and services before and after the final decree.

(O) The PCSA shall make copies of its adoption subsidy policy available to adoptive applicants and the public upon request. The PCSA shall also provide the applicants with the JFS 04059 "Explanation of State Hearing Procedures" (rev. 10/2008) as required by rule 5101:6-2-01 of the Administrative Code.

Effective: 05/29/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.163
Rule Amplifies: 5153.16 , 5153.163
Prior Effective Dates: 10/280, 7/1/90, 2/13/98 (Emer.), 5/14/98, 5/1/03, 7/1/04, 5/1/09

5101:2-44-05.1 Covered families and children (CFC) medicaid eligibility: Children with special needs.

(A) An adoptive child in receipt of a JFS 01615 " State Adoption Maintenance Subsidy Agreement" (rev. 4/2014) may be eligible for covered families and children (CFC) medicaid as outlined in rules 5160:1-2-01.8 and 5160:1-2- 01.9 of the Administrative Code based only upon the child's income, resources, and special needs for medical, mental health, or rehabilitative care.

(B) In order for an adoptive child to be considered a child with special needs for medical, mental health, or rehabilitative care, the public children services agency (PCSA) responsible for determining state adoption maintenance subsidy program eligibility shall determine that, at the time of adoptive placement, the child has a medical necessity as defined in rule 5160-1-01 of the Administrative Code. The medical necessity includes at least one of the following needs or circumstances that may be a barrier to the adoptive placement without medical assistance because the child:

(1) Has a medical condition, physical impairment, or developmental disability.

(2) Has been diagnosed with a mental disorder as characterized by a behavioral, psychological, or biological dysfunction.

(3) Has been diagnosed with a substance-related disorder.

(C) Eligibility criteria:

(1) For any such child for whom the approval for state adoption maintenance subsidy was entered into between April 7, 1986 and June 30, 2004, CFC medicaid eligibility as outlined in rules 5160:1-2-01.8 and 5160:1-2- 01.9 of the Administrative Code, is contingent upon the following:

(a) A determination by the PCSA administering the agreement that the child's state adoption maintenance subsidy case record contains sufficient documentation that the child cannot be placed with the adoptive parents or parent without medical assistance because of the child's special needs for medical or rehabilitative care.

(b) A finding by the county department of job and family services (CDJFS) of the child's residence that either the child was eligible for medicaid as outlined in rules 5160:1-2-01.8 and 5160:1-2- 01.9 of the Administrative Code, prior to the approval for state adoption maintenance subsidy being entered into; or that the child would have been eligible for medicaid, based on the child's income, during any of the six months prior to the approval for state maintenance adoption subsidy being entered into.

(2) For any child for whom a JFS 01615 was entered into on or after July 1, 2004, CFC medicaid eligibility as outlined in rules 5160:1-2-01.8 and 5160:1-2- 01.9 of the Administrative Code, is contingent upon all of the following:

(a) A finding by the PCSA administering the agreement that the child has a medical necessity as outlined in paragraph (B) of this rule which makes the child with special needs eligible for medical, mental health, or rehabilitative care as documented on the JFS 01449 "Determination of Special Needs for Medical, Mental Health, or Rehabilitative Care" (rev. 7/2004).

(b) The adoptive parent or parents are eligible for a state adoption maintenance subsidy under division (B) of section 5153.163 of the Revised Code.

(c) The financial eligibility determined by the CDJFS set forth in rule 5160:1-4-03 of the Administrative Code.

(D) CDJFS duties:

(1) Upon filing by an adoptive parent of a completed JFS 07216 "Combined Programs Application" (rev. 11/2013) with supporting JFS 01449 and JFS 01615, the CDJFS shall determine whether the adoptive child meets the eligibility criteria described in rule 5160:1-4-03 of the Administrative Code.

(2) Notice of the CDJFS decision on medicaid eligibility shall be provided in accordance with division 5101:6 and Chapter 5160:1-2 of the Administrative Code. In addition, the CDJFS shall send a copy to the PCSA of the notice of medicaid approval sent to any adoptive parent who meets the criteria set forth in rule 5160:1-4-03 of the Administrative Code.

Effective: 05/29/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.163
Rule Amplifies: 5101.141
Prior Effective Dates: 4/1/90 (Emer.), 6/1/90, 3/18/99, 7/1/04, 5/1/09

5101:2-44-05.2 Covered families and children (CFC) medicaid eligibility for state adoption subsidy recipient moving from or to Ohio.

(A) Residence in Ohio is a requirement for covered families and children (CFC) medicaid as outlined in paragraph (C)(2) of rule 5160:1-2- 01.8 of the Administrative Code. An adoptive child with special needs who is in receipt of an Ohio-executed state adoption subsidy and who does not live in Ohio is not eligible for Ohio CFC medicaid even if the subsidy payment continues.

(B) An adoptive child described in paragraph (A) of this rule may be eligible for medicaid in the new residence state, as outlined in paragraph (C)(2) of rule 5160:1-2- 01.8 of the Administrative Code, if one of the following applies:

(1) The new residence state has elected, in its state medicaid plan, the state option for its state adoption subsidy children.

(2) The new residence state and the Ohio department of job and family services (ODJFS) are parties to an interstate agreement for reciprocal medicaid coverage of state adoption subsidy children.

(3) The new residence state elects in its state medicaid plan to reciprocate with all states for medicaid coverage of state adoption subsidy children, whether or not the states are parties to an interstate agreement.

(C) If a child moves from Ohio into a new residence state, the Ohio public children services agency (PCSA) which entered into the JFS 01615 "State Adoption Maintenance Subsidy Agreement" (rev. 4/2014) shall:

(1) Within seven business days after notification of the child's relocation or intent to relocate to another state, complete and forward the original interstate compact on adoption and medical assistance (ICAMA) form 6.01 "Notice of Medicaid Eligibility/Case Activation," appendix A to this rule, ICAMA form 7.02 "Notice to Families," appendix B and 7.02 b "Important Information for Families," appendix D to this rule, and a copy of the current signed and dated JFS 01615 to the ODJFS ICAMA state administrator.

(2) Upon notification of an additional change in the child's or family's status, the PCSA shall, within seven business days, complete and forward the ICAMA form 6.03 "Report of Change in Child/Family Status," appendix C to this rule, to the ODJFS ICAMA state administrator.

(3) Annually, the PCSA shall provide the ODJFS ICAMA state administrator with evidence that the JFS 01615 is still in effect, has been renewed, or has been modified.

(D) If an adoptive child moves from Ohio to another state:

(1) The adoptive parent shall inform the PCSA of the family's address and telephone number within ten days of relocation.

(2) The PCSA that supervises the original JFS 01615 shall notify the adoptive parent that Ohio medicaid coverage will be terminated.

(3) The PCSA shall notify the county department of job and family services (CDJFS) that the Ohio medicaid case shall be closed.

(E) An adoptive child with special needs who is a resident of Ohio and in receipt of a state adoption subsidy agreement from another state is eligible to receive Ohio CFC medicaid, as outlined in paragraph (C)(2) of rule 5160:1-2- 01.8 of the Administrative Code, if:

(1) The state which entered into the state adoption subsidy agreement has been identified as a member of ICAMA.

(2) The state is not identified as a member of ICAMA but has elected in its state medicaid plan to provide medicaid coverage for its own state adoption subsidy children.

(3) The state which entered into the state adoption subsidy agreement and ODJFS are parties to an interstate agreement for reciprocal medicaid coverage of state adoption subsidy children.

(F) If an adoptive child moves from another state to Ohio and has a state adoption subsidy agreement in effect with another state, the CDJFS shall:

(1) Upon receipt of the ICAMA form 6.01, the state adoption subsidy agreement, and a completed JFS 07216 "Combined Programs Application" (rev. 11/2013) from the adoptive parent(s), determine the child's eligibility for CFC medicaid as outlined in paragraph (C)(2) of rule 5160:1-2- 01.8 of the Administrative Code.

(2) After determination of medicaid eligibility, complete and forward to the ODJFS ICAMA state administrator the original ICAMA form 6.03.

(3) Upon notification of additional changes in the child's or family's status, the CDJFS shall, within seven business days, complete and forward the original form 6.03 to the ODJFS ICAMA state administrator.

(G) The CDJFS shall be responsible for administration of any ICAMA applications received or distributed at the county level.

(H) Copies of all ICAMA forms and correspondence shall be maintained in the child's state adoption subsidy case record.

(I) The adoptive parents, whether moving from or to Ohio, shall provide the residence state with any information regarding medical assistance or insurance available to the child.

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Effective: 06/12/2014
R.C. 119.032 review dates: 03/12/2014 and 06/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.163
Rule Amplifies: 5153.16 , 5153.163
Prior Effective Dates: 1/1/92 (Emer.), 3/20/92, 5/1/03, 7/1/04, 5/1/09

5101:2-44-06 Eligibility for the state adoption maintenance subsidy program.

(A) The following criteria shall be met for a child to be determined eligible for the state adoption maintenance subsidy (SAMS) program:

(1) The child is in the permanent custody of a public children services agency (PCSA) or a private child placing agency (PCPA) and is legally available for adoption.

(2) The adoptive parent(s) has applied for the Title IV-E adoption assistance program, and the adoptive child has been determined ineligible in accordance with rules 5101:2-49-02 and 5101:2-49-02.1 of the Administrative Code. Eligibility for reimbursement of nonrecurring adoption expenses pursuant to rule 5101:2-49-21 of the Administrative Code does not constitute eligibility for Title IV-E adoption assistance.

(3) The adoptive parent(s) has completed the JFS 01613 "Application for State Adoption Subsidy" (rev. 7/2004) and the PCSA has approved or denied the JFS 01613 prior to the adoption finalization.

(4) The child is either:

(a) Under the age of eighteen.

(b) Between eighteen and twenty-one years of age and is mentally or physically disabled as diagnosed by a qualified professional.

(5) The child is a child with special needs who, prior to the finalization of adoption, has at least one of the following needs or circumstances that may be a barrier to the adoption without financial assistance:

(a) Is part of a sibling group being adopted together or part of a previously adopted biological sibling group with whom the child should be placed.

(b) Is a member of a minority or ethnic group.

(c) Is six years of age or older.

(d) Has remained in the permanent custody of a PCSA or PCPA for more than one year.

(e) Has a medical condition, physical impairment, or developmental disability.

(f) Has a mental illness as defined in Chapter 5121. of the Revised Code.

(g) His or her family has a social or medical history that establishes a substantial risk of the child acquiring a medical condition, physical impairment, or mental or developmental disability that makes it difficult to place the child for adoption without the provision of SAMS. The condition shall be diagnosed by a qualified professional. For the purpose of this rule, a "qualified professional" is an audiologist, licensed independent social worker, licensed professional clinical counselor, physician, physician assistants, or orthopedist, marriage and family therapist, psychiatrist, psychologist or speech/language pathologist. The qualified professional shall:

(i) Diagnose a medical, or physical impairment, or mental or developmental disability within the professional's area of expertise.

(ii) Not be responsible for providing casework services to the child.

(iii) Provide a clear written statement of the child's diagnosis supported by an assessment or evaluation which includes an opinion as to the origin of the problem, past history, prognosis and recommendations related to future treatment needs.

(h) Has been in the home of his or her prospective adoptive parents as a foster child for at least six months and would experience severe separation and loss if placed in another setting due to his or her significant emotional ties with these foster parents as determined and documented by a qualified mental health professional.

(i) Has experienced previous adoption disruption or multiple placements.

(6) A PCSA or PCPA has approved the adoptive parent for adoptive placement pursuant to rule 5101:2-48-16 of the Administrative Code. If a PCPA approved the adoptive placement, the PCPA shall provide the PCSA with the following:

(a) The JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 6/2011) or the JFS 01692 "Application for Adoption of a Foster Child" (rev. 6/2009).

(b) JFS 01654 "Adoptive Placement Agreement" (rev. 2/2014).

(c) JFS 01616 "Social and Medical History" (rev. 6/2009).

(7) In addition to the criteria listed in this paragraph, the agency has determined the following:

(a) The adoptive family has the capability of providing the permanent family relationships needed by the child.

(b) The needs of the child are beyond the economic resources of the adoptive family.

(c) The acceptance of the child as a member of the adoptive parent's family would not be in the child's best interest without state adoption subsidy payments.

(B) If paragraphs (A)(1) to (A)(4), (A)(6) and (A)(7) of this rule are met, and paragraph (A)(5)(g) of this rule is the sole basis for the determination that the child is a child with special needs , the PCSA shall enter into a JFS 01615 "Approval for State Adoption Subsidy" (rev. 4/2014) with the adoptive parent(s) with no payment. The adoptive parent(s) may request an amendment of the agreement to include subsidy payments if the child develops a condition, impairment, or disability as described in paragraph (A)(5)(g) of this rule.

(C) An adoptive family is eligible for payments under SAMS if all the requirements in paragraph (A) of this rule are met and at the time of the initial application:

(1) The adoptive parent's annual gross income does not exceed one hundred twenty per cent of the median income of a family of the same size, including the adoptive child, as most recently determined for this state pursuant to division (B) of section 5153.163 of the Revised Code.

(2) The adoptive parent provides verification of the family's annual gross income by submitting the following as applicable:

(a) The most recent U.S. department of internal revenue service (IRS) income tax form.

(b) Proof of receipt of benefits from the social security administration.

(c) Proof of receipt of workers compensation.

(d) Any other income verification from other providers of pension benefits.

(D) The SAMS payment amount shall be agreed upon between the PCSA and the adoptive parent(s) and shall be based upon the needs of the adoptive child and in accordance with the PCSA's adoption policy.

(E) For the beginning of each state fiscal year a procedure letter that identifies the maximum monthly funding level for SAMS will be published on the Ohio department of job and family services (ODJFS) website. If a PCSA negotiates a payment in excess of the maximum SAMS payment identified in the procedure letter, the PCSA shall enter into a separate county agreement with the adoptive parent for a county adoption maintenance subsidy (CAMS).

Effective: 09/15/2014
R.C. 119.032 review dates: 05/28/2014 and 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.163
Rule Amplifies: 5153.16 , 5153.163
Prior Effective Dates: 10/2/80, 8/31/85 (Emer.), 11/25/85, 7/1/90, 1/13/92 (Emer.), 4/11/92, 5/1/03, 7/1/08, 5/1/09, 8/10/09 (Emer.), 8/13/09 (Emer.), 11/9/09, 6/1/10

5101:2-44-07 Public children services agency (PCSA) eligibility determinations for state adoption subsidy. [Rescinded].

Rescinded and replaced by rule 5101:2-44-03 , eff 7-1-04

5101:2-44-07.1 Post adoption special services subsidy. [Rescinded].

Rescinded and replaced by rules 5101:2-44-13 and 5101:2-44-13.1, eff 7-1-04

5101:2-44-08 Redetermination and amendment of a state adoption maintenance subsidy.

(A) This rule does not apply when the Ohio department of job and family services (ODJFS) determines that state funds are not available to maintain the state adoption maintenance subsidy (SAMS) program at the current maximum monthly funding level. At the beginning of each state fiscal year, the ODJFS shall issue a procedure letter that identifies the maximum monthly funding level for the SAMS.

(B) The public children services agency (PCSA) shall complete a redetermination of each SAMS one year from the initial effective date of the JFS 01615 "State Adoption Maintenance Subsidy Agreement" (rev. 4/2014).

(C) Redeterminations shall include the following:

(1) The PCSA shall provide written notice of the redetermination to the adoptive parent(s) at least ninety days prior to the annual redetermination date of the JFS 01615.

(2) The redetermination notice shall request the adoptive parent(s) return the following applicable documents within forty-five days of the annual redetermination date:

(a) The most recent U.S. department of internal revenue service (IRS) income tax form.

(b) Proof of receipt of benefits from the social security administration.

(c) Proof of receipt of workers compensation.

(d) Any other income verification from other providers including pension benefits.

(D) The PCSA shall determine from the verification submitted by the adoptive parent(s) if the adopted child and adoptive parent(s) remain eligible.

(E) The PCSA shall complete the JFS 01614 "Redetermination or Amendment of a State Adoption Maintenance Subsidy" (4/2014) at least thirty days prior to the annual redetermination date of the JFS 01615.

(1) If the redetermination results in no change in the amount of SAMS, the PCSA shall use the JFS 01614 to inform the adoptive parent(s) of the results and the effective date of the subsidy.

(2) If the redetermination results in a decrease, suspension or termination of the state adoption maintenance subsidy, the PCSA shall use the JFS 01614 to inform the adoptive parent(s) of the reason for the action, its effective date and submit the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/01) pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code, informing the adoptive parent(s) the right to a state hearing.

(3) If the redetermination results in an increase, the PCSA shall enter into a separate county agreement with the adoptive parent(s) for a county adoption maintenance subsidy.

(F) If the adoptive parent(s) fails to comply with the requirements of a redetermination as described in this rule, the PCSA shall suspend the SAMS pursuant to rule 5101:2-44-10 of the Administrative Code after ninety days and terminate the SAMS pursuant to rule 5101:2-44-11 of the Administrative Code after one hundred eighty days from the redetermination date.

(G) An amendment shall be reviewed when requested by the adoptive parent or if the PCSA is aware of:

(1) Any change in the adoptive child's or adoptive parent(s) eligibility status.

(2) The need for an addition or deletion of the SAMS.

(H) Upon written request by the adoptive parent(s) for an amendment, the PCSA shall do all of the following:

(1) Review the request to amend the SAMS.

(2) Make a determination within thirty days once all documentation to review the amendment is received.

(3) Use the JFS 01614 and the JFS 04065 to inform the adoptive parent(s) of the reason for the action, the effective date and of their right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(I) An adoptive parent receiving a SAMS shall report any significant change in the adoptive family's financial situation or the adoptive child's special needs within thirty days of the change to the PCSA that approved the state adoption subsidy.

Replaces: 5101:2-44-08

Effective: 05/29/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35 , 5153.163
Rule Amplifies: 5101.35 , 5153.16 , 5153.163
Prior Effective Dates: 10/2/80, 7/1/90, 5/1/03, 7/1/04, 5/1/09, 8/10/09 (Emer), 8/13/09 (Emer), 11/9/09, 7/1/10

5101:2-44-09 Requirements for the state adoption special services subsidy program approved before July 1, 2004.

(A) For state adoption special services subsidy approvals in effect before July 1, 2004, the public children services agency (PCSA) may continue to provide the state adoption special services subsidy based upon the adoptive child's continued need for developmental, medical, or mental health services.

(B) If the PCSA elects to continue the state adoption special services subsidy program, as outlined in rule 5101:2-44-03 of the Administrative Code, for approvals in effect before July 1, 2004, the PCSA shall redetermine the state adoption special services subsidy under the following circumstances:

(1) Annually, or more often than annually upon written request of the adoptive parent.

(2) When the PCSA is aware of substantial changes in the adoptive family's economic resources or the adoptive child's special need(s).

(C) To redetermine or amend the state adoption special services subsidy the PCSA shall:

(1) Provide the adoptive parent with written notice of the upcoming redetermination at least sixty days prior to the anniversary date of the effective state adoption special services subsidy or most recent redetermination or amendment.

(2) Provide the adoptive parent with the JFS 01681 "Applicant Financial Statement" (rev. 10/2000).

(3) Provide the adoptive parent with the JFS 04059 "Explanation of State Hearing Procedures" (rev. 10/2008).

(4) Determine, from verification submitted by the adoptive parent, if the adoptive child continues to have a special need(s) and if the special need(s) is beyond the economic resources of the adoptive family.

(5) Complete the JFS 01618 "Redetermination/Amendment of State Adoption Special Services Subsidy" (rev. 7/2004).

(6) Provide written notification to the adoptive parent of the redetermination outcome at least fifteen days prior to the annual anniversary date of the initial state adoption special services subsidy or most recent redetermination, or within thirty days of a request for an amendment.

(D) The adoptive parent shall provide the PCSA with a completed and updated JFS 01681 in order to redetermine the state adoption special services subisdy.

(E) The PCSA shall suspend the state adoption special services subsidy if the adoptive parent fails to comply with the requirements of a redetermination as described in this rule.

(F) The PCSA shall terminate the state adoption special services subsidy if six months have elapsed from the redetermination date and the adoptive parent still fails to comply with the requirements as described in this rule.

(G) If the PCSA elects to discontinue the state adoption special services subsidy program for approvals entered into before July 1, 2004, the PCSA shall:

(1) Continue the state adoption special services subsidy until completion of the annual redetermination process.

(2) Provide the adoptive parent, at least sixty days prior to the anniversary date of the effective state adoption special services subsidy or most recent redetermination or amendment, with:

(a) Written notice of the upcoming redetermination.

(b) Written notice of the PCSA's intent to discontinue the state adoption special services subsidy program.

(c) The JFS 04059.

(3) Complete the JFS 01618.

(4) Terminate the state adoption special services subsidy and provide written notification of the termination at least fifteen days prior to the annual anniversary date, most recent redetermination, or within thirty days of a request for an amendment.

(H) PCSAs continuing the state adoption special services subsidy program may suspend the state adoption special services under the following circumstances:

(1) The adoptive parent requests a suspension.

(2) The adoptive child enters military service.

(3) The adoptive parent is no longer providing financial support for the child.

(I) If the redetermination results in a decrease, suspension or termination of the state adoption special services subsidy, the PCSA shall use the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001) to inform the adoptive parent of the reason for the action, its effective date and the right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

Effective: 05/29/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.163
Rule Amplifies: 5153.16 , 5153.163
Prior Effective Dates: 7/1/04, 5/1/09

5101:2-44-10 Suspension of a state adoption maintenance subsidy.

(A) The PCSA shall suspend the state adoption maintenance subsidy (SAMS) if any of the following circumstances occur:

(1) Twelve months have elapsed from the initial issuance of the SAMS payments and no adoption finalization has occurred, unless the final adoption decree is delayed by proceedings or action under the jurisdiction of the court.

(2) The adoptive parent's annual gross income exceeds one hundred and twenty per cent of the median income of a family of the same size, including the adoptive child, pursuant to rule 5101:2-44-06 of the Administrative Code.

(3) The adoptive parent(s) fails to comply with a redetermination of eligibility pursuant to rule 5101:2-44-08 of the Administrative Code.

(4) The adoptive child enters military service.

(5) The adoptive parent(s) requests suspension.

(B) The PCSA shall send notification of the suspension at least thirty days prior to the effective date of the suspension and include the reason for the suspension and a description of the procedures for a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(C) The PCSA shall make a redetermination of a suspended SAMS pursuant to rule 5101:2-44-08 of the Administrative Code upon the request of the adoptive parent to activate a suspended state adoption subsidy within thirty days of the request. Annual redetermination of a suspended SAMS is not required.

Effective: 05/29/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35 , 5153.163
Rule Amplifies: 5101.35 , 5153.16 , 5153.163
Prior Effective Dates: 10/2/80, 7/1/910, 5/1/03, 7/1/04, 5/1/09

5101:2-44-11 Termination of a state adoption maintenance subsidy.

(A) The public children services agency (PCSA) shall terminate the state adoption maintenance subsidy (SAMS)if any of the following circumstances occur:

(1) The adoptive child's death.

(2) The adoptive parent is no longer legally responsible to financially support the child. An adoptive parent(s) is financially supporting the child if the adoptive parent(s) provides the child with shelter, food and clothing or child support. A parent is generally responsible for the support of a child who is under the age of eighteen or a child with a physical and/or mental disability who is under twenty-one years of age.

(3) The adoptive child does one of the following:

(a) Reaches the age of eighteen.

(b) Reaches age twenty-one and has been eligible because the child is mentally or physically disabled.

(4) The terms of the state adoption maintenance subsidy have been fulfilled.

(5) Six months have elapsed from the redetermination date and the adoptive parent fails to comply with a redetermination of eligibility pursuant to rule 5101:2-44-08 of the Administrative Code.

(6) The adoptive parent(s) requests termination.

(B) The PCSA shall send notification of the termination using the JFS 04065 "Prior Notice of the Right to a State Hearing" (rev. 5/2001) at least fifteen calendar days prior to the effective date of the termination and include the reason for the termination and the right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

Effective: 05/29/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35 , 5153.163
Rule Amplifies: 5101.35 , 5153.163
Prior Effective Dates: 10/2/80, 7/1/90, 5/1/03, 7/1/04, 5/1/09.

5101:2-44-12 State adoption maintenance subsidy records.

(A) The public children services agency (PCSA) shall establish a state adoption subsidy record for each child's application for a state adoption maintenance subsidy (SAMS).

(B) The state adoption maintenance subsidy record shall contain all information applicable to the adoption maintenance subsidy including, but not limited to the following:

(1) JFS 01654 "Adoptive Placement Agreement" (rev. 10/2001).

(2) JFS 01613 "Application for State Adoption Subsidy" (rev. 7/2004).

(3) Copy of the Title IV-E adoption assistance denial to include the JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 10/2006), JFS 01451A "Title IV-E Adoption Assistance Eligibility Determination" (rev. 4/2010) and the JFS 07334 "Notice of Denial of Your Application" (rev. 9/2011).

(4) Documentation of the adoptive child's special needs .

(5) Verification of family's annual gross income at initial application and redeterminations.

(6) JFS 01615 "State Adoption Maintenance Subsidy Agreement" (rev. 4/2014).

(7) JFS 01614 "Redetermination or Amendment of a State Adoption Maintenance Subsidy" (4/2014).

(8) JFS 01618 "Redetermination/Amendment of State Adoption Special Services Subsidy" (rev. 7/2004), as applicable.

(9) Any JFS 04065 "Prior Notice of the Right to a State Hearing" (rev. 5/2001) or JFS 07334 "Notice of Denial of Your Application for Assistance" (rev. 9/2011), if applicable.

(10) JFS 01449 "Determination of Special Needs for Medical, Mental Health or Rehabilitative Care" (rev. 7/2004) to determine whether the child has or does not have special needs for medical, mental health, or rehabilitative care.

(11) Copy of the final decree of adoption.

(12) Case notes and dictations concerning the activities of the state adoption subsidy case.

(13) Requests for and findings of any state hearings or administrative appeals conducted pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(14) Child study inventory, for PCPA applications.

(15) JFS 01616 "Social and Medical History" (rev. 6/2009).

(16) JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 6/2011) or JFS 01692 "Application for Adoption of a Foster Child," (rev. 6/2009).

Effective: 05/29/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.16 , 5153.163
Rule Amplifies: 5153.16 , 5153.163
Prior Effective Dates: 10/2/80, 7/1/90, 5/1/03, 7/1/04, 5/1/09.

5101:2-44-13 Public children services agency (PCSA) administration of the post adoption special services subsidy (PASSS) program.

(A) The public children services agency (PCSA) is responsible for the administration and determination of eligibility for the post adoption special services subsidy (PASSS) program. The PCSA shall:

(1) Upon request, provide the following within five days to any adoptive parent who resides in Ohio:

(a) The JFS 01050 "Application for Post Adoption Special Services Subsidy" (rev. 7/2011).

(b) The JFS 01051 "Application for Additional Post Adoption Special Services Subsidy (PASSS) Funding for Extraordinary Circumstances" (rev. 7/2013).

(c) The JFS 01052 "Credentials for Providers of PASSS Funded Therapeutic Services and Memorandum of Understanding" (rev. 1/2014).

(d) The JFS 04059 "Explanation of State Hearing Procedures" (rev. 10/2008).

(e) The JFS 01681 "Applicant Financial Statement" (rev. 10/2000).

(2) Within fifteen days of the date stamped by the PCSA indicating receipt of the JFS 01050, JFS 01051, if applicable, and JFS 01052, return to an applicant any application that does not contain the required documentation as outlined in rule 5101:2-44-13.1 "Eligibility and application process for the post adoption special services subsidy" of the Administrative Code.

(3) Process all completed JFS 01050s.

(4) Retain all JFS 01052s, all approved and denied JFS 01050s and all JFS 01051s.

(B) Applicants seeking a post adoption special service subsidy shall:

(1) Complete each section of the JFS 01050 and JFS 01051, if applicable, and have the provider complete each section of the JFS 01052, in order for the application to be considered complete.

(2) Forward all documentation as outlined in rule 5101:2-44-13.1 of the Administrative Code to the PCSA in the county in which the applicant and child reside.

(C) The PCSA shall form a post adoption subsidy review committee composed of a minimum of three people: a representative of the PCSA administration, a representative of the PCSA adoption services section, and a person within the community who is knowledgeable about post adoption services. The PCSA shall ensure that people from outside the adoption services section adhere to all confidentiality procedures in accordance with section 5153.17 of the Revised Code.

(D) The committee shall review each completed JFS 01050, JFS 01051 and JFS 01052 and recommend the services and level of funding to be provided by the PASSS program to the PCSA executive director or designee.

(E) PASSS funds shall be used for the following:

(1) Family preservation services for a child residing in the home of the adoptive parent.

(2) Services that will reduce serious psychological risk for the child or serious physical risk for the child or others. Serious psychological or physical risk is defined as a progressive psychological or physical illness, injury, or impairment that will continue over an extended period of time and requires direct supervision by a qualified professional as outlined in rule 5101:2-44-13.1 of the Administrative Code. If such services are for a child not residing in the home, the requested services shall focus on specific reunification goals that enable the child to return home.

(3) Medical services designed to relieve or correct preadoptive health care problems.

(F) The committee shall base its approval of the PASSS application on:

(1) The review of supporting documentation as specified in rule 5101:2-44-l3.1 of the Administrative Code.

(2) Whether the application requirements of rule 5101:2-44-13.1 of the Administrative Code are met.

(3) A determination that the individual services requested by the family are appropriate.

(G) Within forty-five days of submission of the completed application, the PASSS review committee shall make its recommendations to the PCSA executive director or designee.

(H) If the PCSA executive director or designee determines that the review committee will be delayed in making its recommendations beyond the forty-five day deadline, the PCSA executive director, or designee, may substitute an alternative review process. This alternative review process shall be defined in the PCSA's adoption policy and shall set out the alternative procedure and explain when the alternative review process may be used.

(I) The PCSA executive director, or designee, shall determine, within five days of receiving the recommendation, whether to follow the recommendation of the PASSS review committee.

(J) If the PCSA executive director, or designee, does not follow any of the recommendations of the PASSS review committee, the PCSA executive director, or designee, shall describe, in writing, the reasons for not following the recommendation.

(K) The PCSA executive director, or designee, shall provide written notice on the JFS 04074 "Notice of Approval of Your Application for Assistance" (rev. 9/2011) or the JFS 07334 "Notice of Denial of Your Application for Assistance" (rev. 9/2011) to the applicant within three days of the decision to approve or deny the application.

(L) The written notice shall contain the following:

(1) The services and amount approved and the effective date of the approval.

(2) The reason for denial if funding is not approved and information regarding the applicant's right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(M) The PCSA shall document the state hearing review process in the agency's adoption policy.

(N) The PCSA shall approve PASSS funding as long as state funds are available. In the event state funding is no longer available, the PASSS program will close to new applications until July first of the following state fiscal year (SFY). Once state funds have been exhausted, neither ODJFS nor the PCSA may be held responsible for payment of services for applications that have not been approved.

(O) The PCSA working with the adoptive family shall provide assistance to the adoptive parent(s) in exploring other sources of support and services for the child. PASSS is a funding source of last resort; therefore, to the extent that other funding sources are or become available, they shall be used in place of PASSS funds.

(P) PASSS funds shall not supplant medicaid funding if the child is eligible for coverage under the medicaid program.

(Q) The PCSA may consider approving services requested under the following conditions:

(1) The child is not eligible for medicaid.

(2) The service recommended by a qualified professional for the child's treatment is not a covered service under medicaid.

(3) The service requested by the family is not covered under the family's insurance.

(R) The amount funded shall not exceed the amount paid for the same service provided by a medicaid provider if the service is covered under medicaid pursuant to appendix DD to rule 5160-1-60 of the Administrative Code.

(S) If the service is not covered under medicaid, the amount funded shall be a reasonable amount and shall meet the guidelines of the qualified professional's licensing body standards. The licensing body is the entity that has provided the license for the individual to practice in their profession.

(T) All invoices submitted for reimbursement in SACWIS that comply with this rule will be paid by ODJFS if submitted by the PCSA no later than September thirtieth, after the close of the state fiscal year in which the applications were approved.

(U) The PCSA shall be reimbursed as follows:

(1) Up to ninety-five per cent of the total for each invoice received by the PCSA for applications that comply with this rule.

(2) Up to one hundred per cent of the total for each invoice received by the PCSA for applications that comply with this rule if the PCSA has waived the five per cent requirement pursuant to rule 5101:2-44-13.1 of the Administrative Code.

(V) If a state or federal audit determines that the PCSA has been reimbursed for services in which a JFS 01050 has not been submitted and/or approved by the PCSA, the PCSA shall reimburse ODJFS the amount of the adverse audit finding.

(W) Each approved PASSS application shall be reviewed by the PCSA within twenty days after the state fiscal quarter in which it was approved, and every subsequent quarter within the SFY, to determine if the funding is being utilized.

(X) The PCSA shall notify the family, within five days of completion of the review, of its intent to release these funds for that quarter unless the family provides adequate justification within twenty days of receipt of the notice as to why the funds were not used.

(Y) If the PCSA does not accept the justification offered by the family, the PCSA shall release the funds in question to ODJFS through SACWIS, and the family is responsible for the payment.

(Z) If the PCSA releases the funds, it shall provide the family information regarding the right to a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

Effective: 05/15/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.166
Rule Amplifies: 5153.163
Prior Effective Dates: 10/2/80, 7/1/90, 1/13/92 (Emer.), 9/21/92, 7/1/92, 9/18/96, 1/30/98, 3/6/00 (Emer.), 6/1/00, 7/1/01, 7/1/04, 7/1/08, 5/1/09, 12/1/11

5101:2-44-13.1 Eligibility and application process for the post adoption special services subsidy (PASSS) program.

(A) "Post Adoption Special Services Subsidy" (PASSS) is a state-funded program designed to assist eligible families, after adoption finalization, to receive services consistent with paragraphs (E) to (L) of this rule.

(B) PASSS funding is based on a state fiscal year (SFY), July first through June thirtieth. The family is eligible from the first day of the month in which the completed application is approved. Applicants may only request funding for services rendered during the SFY in which the JFS 01050 "Application for a Post Adoption Special Services Subsidy" (rev. 7/2011) is made. A new JFS 01050 shall be submitted if additional services are requested during the same SFY or any subsequent SFY. The new application shall contain updated information, if applicable, as outlined in paragraph (D) of this rule, including updated financial information.

(C) A public children services agency (PCSA) shall enter into a PASSS agreement with the child's adoptive parent(s) if the agency considers the child to be in need of public care or protective services. All of the following requirements shall be met to be eligible for PASSS:

(1) The child resides in the Ohio county and the home of the parent(s) in which the application is made.

(2) The child has been adopted by someone other than a step parent.

(3) The child has a physical or developmental handicap or mental or emotional condition that either:

(a) Existed before the adoption petition was filed.

(b) Developed after the adoption petition was filed and can be directly attributed to factors in the child's preadoption background or medical history, or biological family's background or medical history.

(4) The child meets either of the following requirements:

(a) The child is under the age of eighteen.

(b) The child is at least eighteen years of age and less than twenty-one years of age and is mentally or physically handicapped as defined in rule 5101:2-1-01 of the Administrative Code.

(5) Other sources of assistance are inadequate or are unavailable to meet the child's immediate needs.

(D) The PCSA shall retain a completed JFS 01050 with the following documentation:

(1) A clear written statement of the child's special need as defined in paragraph (C)(3) of this rule. The statement shall be supported by an assessment or evaluation from a qualified professional including an opinion as to the origin of the problem, past history, prognosis and recommendations related to future treatment needs. For the purpose of this rule, a qualified professional is defined as a licensed independent social worker (LISW), professional counselor licensed by section 4757.23 of the Revised Code, physician, physician assistant, psychiatrist, psychologist, or occupational, physical or speech therapist, or a licensed social worker (LSW) who is under the direct supervision of any of the professionals listed in this paragraph. The qualified professional shall not be responsible for providing public casework services to the child. The qualified professional's diagnosis of handicap or condition must be within the professional's area of expertise.

(2) A completed JFS 01052 "Credentials for Providers of PASSS Funded Therapeutic Services and Memorandum of Understanding" (rev. 1/2014).

(3) A written statement that clearly indicates why the requested service is not within the resources of the family, a copy of the JFS 01681 "Applicant Financial Statement" (rev. 10/2000) and a copy of the family's most recent IRS 1040.

(4) A listing of community resources, as outlined on the JFS 01050, that have been contacted including the date and results of those contacts.

(5) A copy of the relevant provisions in any public or private health insurance policy held by the family regarding the child's eligibility for services and the services that are covered under the policy.

(E) As a condition of continued eligibility for PASSS funds, the adoptive parent(s) shall submit a copy of the child's treatment plan, completed by the service provider, which details the therapeutic intervention(s) that will be provided to the child for the period in which the JFS 01050 will be in effect. The treatment plan shall be submitted to the PCSA within thirty days of the adoptive child's initial visit to the provider.

(F) The PCSA may encumber PASSS funds for the reasonable costs of services for any of the following allowable services:

(1) Medical and surgical services. All medical and surgical services shall be determined to be medically necessary by a qualified professional. The medically necessary service shall be the lowest cost alternative that effectively addresses and treats the child's medical problem(s). Medical and surgical services shall not include the cost of orthodontia.

(2) Psychiatric, psychological, and counseling services. All psychiatric, psychological and counseling services must be determined to be necessary by a qualified professional.

(3) Residential treatment, therapeutic foster care or in-patient hospitalization services if required by psychiatric, psychological or counseling needs and approved by a qualified professional.

(a) These services may include maintenance costs as long as the costs are included as part of a residential treatment, therapeutic foster care or in-patient hospitalization program.

(b) Residential treatment services shall not include the cost of educational services.

(c) Approved services for any type of residential treatment facility or therapeutic foster care home shall be provided by a residential facility or therapeutic foster care home that is licensed by the Ohio department of job and family services (ODJFS) or the Ohio department of mental health and addiction services (MHAS) or a comparable agency which is recognized by a state or a similar licensing body.

(4) Respite care services. For the purpose of this rule, respite care services are defined as services designed to provide temporary relief of child-caring functions. These services may include paid individuals who provide such services within the home or outside the home. Respite care services do not include hospice services for those who are terminally ill, regular child care while parents are working, or therapy, nursing services and other rehabilitative services. Respite care services may be just a few hours a day or several days in length depending on the needs and circumstances of the adoptive parent and the procedures outlined in the PCSA's adoption policy. Respite care services may be approved for:

(a) Medical and surgical respite care services if required by medical or surgical needs of the child. Medical and surgical respite care services shall not exceed two thousand four hundred dollars per child per SFY and shall be administered by an independent provider who resides outside the family home and is not related to the applicant unless the PCSA approves a provider related to the family because of special circumstances that the PCSA outlines in its adoption policy. A PCSA may elect, on a case by case basis, to approve up to an additional two thousand four hundred dollars per child per SFY for medical and surgical respite care services under special circumstances that the PCSA also outlines in its adoption policy.

(b) Mental health respite care services if required by psychiatric, psychological or counseling needs. Mental health respite care services shall not exceed two thousand four hundred dollars per child per SFY and shall be administered by an independent provider who resides outside the family home and is not related to the applicant unless the PCSA approves a provider related to the family because of special circumstances that the PCSA outlines in its adoption policy. A PCSA may elect, on a case by case basis, to approve up to an additional two thousand four hundred dollars per child per SFY for mental health respite care services under special circumstances that the PCSA also outlines in its adoption policy.

(G) Approved services shall address the child's physical or developmental handicap or mental or emotional condition that either existed before the adoption petition was filed or developed after the adoption petition was filed and can be attributed to factors in the child's preadoption background, medical history, or biological family's background or medical history.

(H) Approved services that involve any type of therapy must be provided by a qualified professional, as outlined in this rule, who is practicing within his or her scope of practice as noted by his or her education, training and experience. The provider shall indicate that his or her therapeutic interventions will comply with all treatment aspects contained in rules 5122-26-16 , 5122-26-16.1, 5122-26- 16.2 and 5122-26- 16.3 of the Administrative Code.

(I) Interventions involving planned physical restraint or coercion (e.g., "compression holding" or "rebirthing therapy"), or promotion of regression for "reattachment" shall not be provided utilizing PASSS dollars. In addition, the following therapeutic techniques shall not be permitted on a treatment plan to be paid from PASSS funds under any circumstances:

(1) Face down restraint with back pressure.

(2) Any technique that obstructs the airway or impairs breathing.

(3) Any technique that obstructs vision.

(4) Any technique that restricts the recipient's ability to communicate.

(5) Pepper spray, mace, handcuffs or electronic restraint devices such as stun guns.

(6) A drug or medication that is used as a restraint to control behavior or restrict the individual's freedom or movement that is not a standard treatment for the individual's medical or psychiatric condition.

(J) Except as provided in paragraph (K) of this rule, no more than ten thousand dollars shall be encumbered for any one child in one SFY.

(K) If the review committee and executive director or designee determines either of the following exists, the limit in paragraph (J) of this rule may be increased up to five thousand dollars for a total of fifteen thousand dollars per child per SFY if:

(1) The family's income and resources substantially decrease due to the involuntary loss of employment and the family has completed the JFS 01051 "Application for Additional Post Adoption Special Services Subsidy (PASSS) Funding for Extraordinary Circumstances" (rev. 7/ 2013).

(2) A qualified professional as described in paragraph (D)(1) of this rule recommends residential treatment, in-patient hospitalization, or therapeutic foster care to prevent disruption of the adoption. This recommendation must be submitted along with a copy of the JFS 01051.

(L) If a family is requesting additional PASSS funding and meets the requirements outlined in paragraph (K) of this rule, the review committee and the PCSA executive director or designee shall review and approve the JFS 01051 along with the initial JFS 01050.

(M) The adoptive parent or parents who receive PASSS funds are required to pay at least five per cent of the total cost of all approved services provided to the child unless the gross income of the child's adoptive family is less than two hundred per cent of the federal poverty guideline, the PCSA may waive the five per cent requirement. The PCSA may not exceed the ten thousand dollars or fifteen thousand dollars encumbrance per child, per SFY as outlined in paragraphs (J) and (K) of this rule, respectively. The encumbrance shall include the five per cent payment required of the adoptive parent(s).

(N) The PCSA shall not approve PASSS funding for any of the following:

(1) Educational services such as tuition and tutoring.

(2) Dental and/or orthodontia services including dental/oral surgery.

(3) Medical and/or mental health co-payments, prescriptions and/or prescription co-payments.

(4) Camp and any recreational services including but not limited to karate, gymnastics, dance classes and fitness club memberships.

(5) Travel related expenses such as mileage reimbursement, airfare, lodging etc., and automobile purchases and repairs, not including specific types of vehicle modifications that are related to the child's special needs.

(6) Computer equipment, including software.

(7) Child care services.

(8) Property fences.

(9) Food, meal supplements and nutrition drinks.

(10) Service animals.

(11) Services provided by a PCSA or private child placing agency (PCPA) to make arrangements for adoptive placements.

(12) Services that are equivalent to or are of greater benefit to other members of the family, not including family counseling and respite.

(13) Services to a child for whom a parent-child relationship does not exist.

(14) Services that facilitate contact with a parent whose rights have been terminated.

(15) Services for a child in the custody of a PCSA, PCPA, court or any other agency.

(16) Legal fees to finalize the adoption or for any other legal action.

(O) The PCSA may elect to approve PASSS funding for an insurance deductible, for the child only, in lieu of approving PASSS funds for the cost of services for the child. This shall only be done on a case by case basis under special circumstances that the PCSA has outlined in its adoption policy and when the PCSA has determined that it would be more cost effective to pay the insurance deductible than to pay for the cost of the services.

Effective: 05/15/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.166
Rule Amplifies: 5153.163
Prior Effective Dates: 10/2/80, 7/1/90, 1/13/92 (Emer.), 9/21/92, 7/1/94, 9/18/96, 1/30/98, 3/6/00 Emer.), 6/1/00, 7/1/01, 7/1/04, 7/1/08, 5/1/09, 12/1/11.

5101:2-44-14 State adoption assistance loan fund.

(A) The state adoption assistance loan fund provides loans to prospective adoptive parents residing in Ohio to cover adoption expenses incurred by, or on behalf of, a prospective adoptive parent and for which the prospective adoptive parent carries the ultimate liability for payment. This rule does not apply to step-parent adoptions.

(B) The state adoption assistance loan fund will be administered through a financial institution or institutions approved by the Ohio department of job and family services (ODJFS). The financial institution or institutions shall set the loan repayment terms, the procedures for collection of loan arrearages, and any monetary penalties for loan arrearages or improper use of loan funds.

(C) If the child being adopted resides in Ohio, the prospective adoptive parents may receive up to three thousand dollars from the state adoption assistance loan fund.

(D) If the child being adopted does not reside in Ohio, the prospective adoptive parents may receive up to two thousand dollars from the state adoption assistance loan fund.

(E) The public children services agency (PCSA), private child placing agency (PCPA) or private non-custodial agency (PNA) shall inform prospective adoptive parents who inquire about adoption services through the agency that the state adoption assistance loan is available.

(F) In order to be eligible for a state adoption assistance loan, a prospective adoptive parent shall meet the following requirements at the time of application:

(1) Have one of the following approved homestudies:

(a) A JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 6/2011) or equivalent for children adopted from another state.

(b) A JFS 01692 "Application for Adoption of a Foster Child" (rev. 06/2009).

(c) A copy of a homestudy narrative report in the case of an international adoption.

(2) Have been matched with an identified child who is legally free for adoption and who will be adopted prior to their eighteenth birthday.

(3) Have applied for the state adoption assistance loan prior to finalization of the adoption.

(G) In addition to the requirements outlined in paragraph (F) of this rule, a prospective adoptive parent must also meet the requirements of the financial institution administering the state adoption assistance loan fund.

(H) If a prospective adoptive parent is interested in applying for a state adoption assistance loan, the PCSA, PCPA or PNA shall provide the prospective adoptive parent with documentation, on agency letterhead, indicating the requirements outlined in paragraph (F) of this rule have been met.

(I) In the case of a private or an international adoption, the prospective adoptive parent shall obtain the documentation outlined in paragraph (F) of this rule from the agency which completed their homestudy.

(J) Once the prospective adoptive parent has obtained the required documentation from the PCSA, PCPA or PNA, the prospective adoptive parent shall:

(1) Provide the documentation to the financial institution.

(2) Complete the financial institution's application for the state adoption assistance loan.

(K) The state adoption assistance loan shall be used for adoption services which are reasonable and necessary such as adoption fees, court costs, attorney fees, and other expenses directly related to the legal adoption of a child as defined in paragraph (L) of this rule. These expenses cannot be incurred in violation of state or federal law and cannot be reimbursed from other sources or funds.

(L) Other adoption expenses directly related to the legal adoption of a child refers to the cost of the adoption incurred by or on behalf of the adoptive parent(s) and for which the adoptive parent(s) carries the ultimate liability for payment. These expenses can include, but are not limited to, costs related to:

(1) The adoption homestudy.

(2) Health and psychological examinations.

(3) Supervision of the placement prior to the final decree of adoption.

(4) Reasonable cost of transportation, lodging, and food for the child and/or adoptive parent(s) when necessary to complete the placement or adoption process.

Effective: 09/15/2014
R.C. 119.032 review dates: 05/28/2014 and 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 3107.018 , 5101.143
Rule Amplifies: 3107.018 , 5101.143
Prior Effective Dates: 7/1/11