(A) Post adoption special services
subsidy (PASSS) is a state-funded program designed to assist eligible adoptive
families, after adoption finalization, to receive services consistent with
paragraphs (G) to (P) of this rule.
(B) PASSS funding is based on a state
fiscal year (SFY), July first through June thirtieth. Once the application is
approved the family is eligible from the first day of the month in which the
completed application is approved, however the family may submit the invoice
from the initial assessment or evaluation required as part of the application
process. Applicants may only request funding for services rendered during the
SFY in which the JFS 01050 "Application for a Post Adoption Special
Services Subsidy" is made. A new JFS 01050 is to be submitted if
additional services are requested during the same SFY or any subsequent SFY.
The new application is to contain updated information, if applicable, as
outlined in paragraph (F) of this rule, including updated financial
information.
(C) Pursuant to section 5101.1418 of the
Revised Code administration of PASSS will transition to the Ohio department of
job and family services effective July 1, 2022. All invoices for services
approved for SFY 2022, are to be paid by the PCSA and entered into Ohio SACWIS
for reimbursement by the PCSA by September 30, 2022. The public children
services agencies are not to accept PASSS applications for services that start
after June 30, 2022. The PCSAs are to forward any applications for services
that will start on or after July 1, 2022 to OhioKAN or ODJFS within fifteen
calendar days of receiving the application.
(D) All of the following requirements are
to be met to be eligible for PASSS:
(1) The child resides in
Ohio and the home of the adoptive 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 disability 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 has been diagnosed with one of the
disabilities defined in this paragraph:
(i) Mental or emotional
disability is a mental illness or emotional disturbance that impairs the
ability to meet activities of daily living.
(ii) Developmental
disability is a developmental delay or intellectual disability that limits
functioning.
(iii) Physical
disability is a vision, speech or hearing impairment; congenital orthopedic
impairment, orthopedic impairment caused by disease, or orthopedic impairment
from other causes (e.g., amputation); impairment caused by chronic or acute
health problems (e.g., rheumatic fever); or a concomitant of the
aforementioned.
(5) Other sources of
assistance are inadequate or are unavailable to meet the child's immediate
needs.
(E) Families are to start the application
process in person, online or by calling the Ohio kinship and adoption navigator
(OhioKAN) program.
(F) OhioKAN staff are to submit a
completed JFS 01050 "Application for Post Adoption Special Services
Subsidy" with the following documentation to ODJFS:
(1) A clear written
statement of the child's needs as defined in paragraph (D)(3) of this
rule. The statement is to 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, certified nurse
practitioner, chiropractor, dentist, orthodontist, psychiatrist, psychologist,
or occupational, physical or speech therapist, a licensed social worker (LSW)
or other licensed/certified professionals who are under the direct supervision
of any of the professionals listed in this paragraph. The qualified
professional is not to be responsible for providing public casework services to
the child. The qualified professional's diagnosis of disability or
condition is to be within the professional's area of
expertise.
(2) A completed JFS 01052
"Credentials of Professional Providers of PASSS Funded Therapeutic
Services and Memorandum of Understanding," if applicable.
(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"
and a copy of the family's most recent IRS tax return.
(4) A listing of
community resources, as outlined on the JFS 01050, that have been contacted
including the date and results of those contacts. OhioKAN staff is to work with
the family to identify and exhaust other resources prior to submitting the JFS
01050.
(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.
(6) OhioKAN staff are to
assist families in gathering any documentation needed.
(G) As a condition of continued
eligibility for PASSS funds, the adoptive parent(s) is to 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 is to be
submitted to ODJFS within forty-five days of the adoptive child's initial
visit to the provider. If ODJFS has not received the treatment plan within
forty-five days, ODJFS is to mail the family a JFS 01049 "Verification of
Treatment Plan" letter.
(H) If ODJFS does not receive the
treatment plan by the sixtieth day PASSS funds are subject to
suspension.
(I) ODJFS 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 are to be determined to be
medically necessary by a qualified professional. The medically necessary
service is to be the lowest cost alternative that effectively addresses and
treats the child's medical problem(s). Medical and surgical services are
not to include the cost of dental or orthodontia unless documentation can be
provided that the service is medically necessary and meets the criteria of
paragraphs (D)(3)(a) and (D)(3)(b) of this rule.
(2) Psychiatric,
psychological, and counseling services. All psychiatric, psychological and
counseling services are to be determined to be necessary by a qualified
professional. These services can include:
(a) Specialized therapeutic camps that offer services that
are provided by a qualified professional listed in paragraph (F)(1) of this
rule. The invoice for these services is to be itemized to indicate the cost of
the therapeutic components of the program. Only the therapeutic cost will be
covered these are not to include food or meals, lodging, or recreational
activities.
(b) Brain balance programs that offers services that are
provided by a qualified professional listed in paragraph (F)(1) of this rule.
The invoice for these services is to be itemized to indicate the cost of the
therapeutic components of the program. Only the therapeutic cost will be
covered.
(3) Residential
treatment, treatment foster care or in-patient hospitalization services
(excluding private non-profit, therapeutic wilderness camps) 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, treatment foster
care or in-patient hospitalization program.
(b) Residential treatment services are not to include the
cost of educational services.
(c) Approved services for any type of residential treatment
facility or treatment foster care home are to be provided by a residential
facility or treatment 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 (OMHAS) 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 are defined as services designed to provide
planned or emergency temporary relief of child caring functions. Respite care
services may provide planned or emergency short-term and time-limited breaks
for families of children with medical, surgical or mental health needs of the
child. Respite care services are to be administered by an independent provider
who resides outside the family home. A relative may provide respite for a child
that may have behaviors or needs that are best addressed by that provider.
Respite care services are not hospice, regular child care, therapy, nursing
services and other rehabilitative services. 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 are not to exceed two thousand four hundred dollars per child per SFY.
ODJFS 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.
(b) Mental health respite care services if required by
psychiatric, psychological or counseling needs. Mental health respite care
services are not to exceed two thousand four hundred dollars per child per SFY.
ODJFS 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.
(J) Special circumstances may
include:
(1) The family demonstrating a financial
need.
(2) A written statement of the
child's need from a qualified professional.
(K) Approved services are to address the
child's physical or developmental disability 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.
(L) Approved services that involve any
type of therapy are to be provided by a qualified professional, as outlined in
this rule, and the JFS 01052, who is practicing within their scope of practice
as noted by their education, training and experience. The provider is to
indicate that their therapeutic interventions will comply with all treatment
aspects contained in rules 5122-26-16, 5122-26-16.1, and 5122-26-16.2 of the
Administrative Code.
(M) Invoices for approved services are to
be dated after the approval date listed on the "Approval or Denial for
Post Adoption Special Services Subsidy" report. The only exception is the
initial assessment or evaluation as described in paragraph (F)(1) of this
rule.
(N) Except as provided in paragraph (O)
of this rule, no more than ten thousand dollars is to be encumbered for any one
child in one SFY.
(O) If ODJFS determines that either of
the following exists, the limit outlined in paragraph (N) 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 decreased 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."
(2) A qualified
professional as described in paragraph (F)(1) of this rule recommends
residential treatment, in-patient hospitalization, or therapeutic foster care
to prevent disruption of the adoption. This recommendation is to be submitted
along with a copy of the JFS 01051.
(P) If a family is requesting additional
PASSS funding and meets the requirements outlined in paragraph (O) of this
rule, ODJFS may review and approve the JFS 01051 along with the initial JFS
01050.
(Q) The adoptive parent or parents who
receive PASSS funds are required to pay at least a five per cent co-pay of the
total cost of all approved services provided to the child.
(1) If the gross income
of the child's adoptive family is less than two hundred per cent of the
federal poverty guideline, ODJFS may waive the five per cent
requirement.
(2) If the service amount
is higher than the approved amount, the adoptive parent is responsible for the
co-pay percentage amount and the overage cost of the service.
(R) Interventions involving planned
physical restraint or coercion (e.g., "compression holding" or
"rebirthing therapy"), or promotion of regression for
"reattachment" are not to be provided utilizing PASSS dollars. In
addition, the following therapeutic techniques are not 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 of movement that is not a standard treatment for the
individual's medical or psychiatric condition.
(S) The following services are not
subject to approval for PASSS for funding:
(1) Educational services
such as tuition and tutoring.
(2) Cosmetic dental
and/or orthodontia services.
(3) Medical and/or mental
health co-payments, prescriptions and/or prescription co-payments.
(4) 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. PASSS funding may be used for specific types of vehicle
modifications, e.g. lift added to van, car or transportation services that are
related to the child's special needs.
(6) Computer equipment
and software that has not been recommended by a qualified professional that
will help or improve the mental and physical condition of the
child.
(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.
(T) ODJFS may approve PASSS funding for
the child's insurance deductible, if the service is covered by private
insurance, in lieu of approving PASSS funds for the cost of services for the
child. Applications will be reviewed on case by case basis, if it is determined
that it would be more cost effective to pay the insurance deductible rather
than to pay the cost of the services.
