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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:2-44 | State Adoption Subsidy Program

 
 
 
Rule
Rule 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 Maintenance Subsidy" (rev. 4/2019) 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 described in rule 5101:2-44-06 of the Administrative Code and document the special needs of the child on the JFS 01615 "Approval for State Adoption Maintenance Subsidy " (rev. 4/2019). 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. 7/2016).

(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. 02/2017), 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 "Notice of Denial of your application for Assistance" (rev. 9/2011). 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) (10/24/18) 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 pursuant to rule 5101:2-44-08 of the Administrative Code, unless the state adoption maintenance subsidy payment 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 for the initial agreement, and for redeterminations or amendments, the JFS 01614 "Redetermination or Amendment of a State Adoption Maintenance Subsidy " (7/2014).

(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 payment 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 "Determination of Special Needs for Medical, Mental Health or Rehabilitative Care" (rev. 7/2016).

(3)

(J) If the PCSA determines the adoptive parent is approved for a state adoption maintenance subsidy payment, 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 maintenance 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 adoption finalizes.

(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. 1/2015) as required by rule 5101:6-2-01 of the Administrative Code.

(P) If the PCSA determined the child did 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 terminate the child's medicaid coverage in the statewide automated child welfare information system (SACWIS) when the adoption finalizes.

Supplemental Information

Authorized By: 5153.163
Amplifies: 5153.16, 5153.163
Five Year Review Date: 8/1/2024
Prior Effective Dates: 10/2/1980, 7/1/1990, 2/13/1998 (Emer.), 5/14/1998, 7/1/2004
Rule 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 "Approval for State Adoption Maintenance Subsidy " (rev. 4/2019) may be eligible for medicaid as outlined in rule 5160:1-4-06 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 special services subsidy was entered into between April 7, 1986 and June 30, 2004, medicaid eligibility as outlined in rule 5160:1-4-06 of the Administrative Code, is contingent upon the following:

(a) A determination by the PCSA administering the agreement that the child's state adoption special services 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 rule 5160:1-4-06 of the Administrative Code, prior to the approval for state adoption special services 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 adoption special services subsidy being entered into.

(2) For any child for whom a JFS 01615 was entered into on or after July 1, 2004, medicaid eligibility as outlined in rule 5160:1-4-06 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. 7/2016).

(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.

Supplemental Information

Authorized By: 5153.163
Amplifies: 5101.141
Five Year Review Date: 8/1/2024
Prior Effective Dates: 4/1/1990 (Emer.), 7/1/2004, 5/29/2014
Rule 5101:2-44-05.2 | Medicaid eligibility for state adoption subsidy recipient moving from or to Ohio.
 

(A) Residence in Ohio is a requirement for medicaid as outlined in rule 5160:1-4-06 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 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 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 "Approval for State Adoption Maintenance Subsidy" 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 7.01 "Notice of Medicaid Eligibility/Case Activation," appendix A 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 7.5 " Information Exchange," appendix B to this rule, to the ODJFS ICAMA state administrator.

(3) Notify the adoptive parent that Ohio medicaid coverage will be terminated.

(4) Terminate Ohio medicaid coverage in the Ohio statewide automated child welfare information system (SACWIS).

(5) Notify the county department of job and family services (CDJFS) that the Ohio medicaid case shall be closed, if applicable.

(D) If an adoptive child moves from Ohio to another state, the adoptive parent shall inform the PCSA of the family's address and contact information within ten days of relocation.

(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 medicaid, as outlined in rule 5160:1-4-06 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 which entered into the state adoption subsidy agreement 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 PCSA shall:

(1) Upon receipt of the ICAMA form 700 from the national ICAMA database and the state adoption subsidy agreement determine the child's eligibility for medicaid as outlined in paragraph (E) of this rule.

(2) After determination of medicaid eligibility, enter into Ohio SACWIS the Ohio medicaid effective date and an "active" status on the ICAMA record.

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

(H) 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.

Last updated April 1, 2022 at 8:25 AM

Supplemental Information

Authorized By: 5153.163
Amplifies: 5153.16, 5153.163
Five Year Review Date: 8/1/2024
Prior Effective Dates: 3/20/1992, 7/1/2004
Rule 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 to enter into an agreement for state adoption maintenance subsidy (SAMS):

(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 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.

(4) 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)" or the JFS 01692 "Application for Adoption of a Foster Child or Sibling Group."

(b) JFS 01654 "Adoptive Placement Agreement."

(c) JFS 01616 "Social and Medical History."

(d) Child study inventory.

(5) 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 maintenance subsidy payments.

(B) 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:

(1) 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.

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

(3) Is six years of age or older.

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

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

(6) Has a mental illness as defined in Chapter 5122. of the Revised Code.

(7) 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 is to 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 or other licensed/certified professionals that are under the direct supervision of any of the professionals listed in this paragraph. The qualified professional is to:

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

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

(c) 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.

(8) 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.

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

(C) At the time of the initial application, an adoptive family is eligible for payments under SAMS if all the requirements in paragraphs (A)(1) to (A)(5) of this rule and at least one of the criteria listed in paragraphs (B)(1) to (B)(9) of this rule are met and 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, as most recently determined for this state pursuant to division (B) of section 5153.163 of the Revised Code.

(D) The adoptive parent(s) is to complete the JFS 01613 "Application for State Adoption Maintenance Subsidy" and provide verification of the family's annual gross income by submitting the following as applicable:

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

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

(3) Proof of receipt of workers compensation.

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

(5) Grant funds received in accordance with rule 5101:2-44-15 of the Administrative Code are not to be considered when reviewing the verification of the family's annual gross income.

(E) Approval or denial of the JFS 01613 is to occur prior to the adoption finalization.

(F) 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.

(G) If paragraphs (A)(1) to (A)(5) of this rule are met and paragraph (B)(7) of this rule is the sole special needs determination that the child is a child with special needs, the PCSA is to enter into an agreement 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 (B)(7) of this rule.

(H) 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).

Last updated August 7, 2023 at 8:55 AM

Supplemental Information

Authorized By: 5153.163
Amplifies: 5153.163,5153.16
Five Year Review Date: 8/5/2028
Prior Effective Dates: 8/10/2009 (Emer.)
Rule 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."

(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.

(e) Grant funds received in accordance with rule 5101:2-44-15 of the Administrative Code are not to be considered when reviewing the verification of the family's annual gross income.

(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" 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" 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 maintenance subsidy.

Last updated August 7, 2023 at 8:55 AM

Supplemental Information

Authorized By: 5153.163
Amplifies: 5153.163,5153.16
Five Year Review Date: 8/5/2028
Prior Effective Dates: 10/2/1980, 7/1/1990, 8/13/2009 (Emer.), 11/9/2009, 7/1/2010
Rule 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. 01/2015).

(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) 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) 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.

Supplemental Information

Authorized By: 5153.163
Amplifies: 5153.16, 5153.163
Five Year Review Date: 8/1/2024
Prior Effective Dates: 7/1/2004
Rule 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. Included in the family size count is 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 within thirty days upon the request of the adoptive parent to activate SAMS. Annual redetermination of a suspended SAMS is not required.

(D) If the adoptive child has been determined eligible for medicaid pursuant to rule 5101:2-44-05.1 of the Administrative Code, the suspension of the SAMS payment does not impact the child's medicaid eligibility.

Supplemental Information

Authorized By: 5101.35, 5153.163
Amplifies: 5101.35, 5153.16, 5153.163
Five Year Review Date: 8/1/2024
Rule 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 financially supporting 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.

(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 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.

Supplemental Information

Authorized By: 5153.163, 5101.35
Amplifies: 5101.35, 5153.163
Five Year Review Date: 8/1/2024
Prior Effective Dates: 5/1/2003
Rule 5101:2-44-12 | State adoption maintenance subsidy records.
 

(A) The public children services agency (PCSA) shall establish a state adoption maintenance 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. 2/2017).

(2) JFS 01613 "Application for State Adoption Maintenance Subsidy" (rev. 4/2019).

(3) Copy of the Title IV-E adoption assistance denial to include the JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 12/2015), JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" (rev. 12/2015) and the JFS 07334 "Notice of Denial of Your Application for Assistance" (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 "Approval for State Adoption Maintenance Subsidy Agreement" (rev. 4/2019).

(7) JFS 01614 "Redetermination or Amendment of a State Adoption Maintenance Subsidy" ( 4/2019).

(8) Any JFS 04065 "Prior Notice of the Right to a State Hearing" (rev. 5/2001) or JFS 07334, if applicable.

(9) JFS 01449 "Determination of Special Needs for Medical, Mental Health or Rehabilitative Care" (rev. 7/2016) to determine whether the child has or does not have special needs for medical, mental health, or rehabilitative care.

(10) Copy of the final decree of adoption.

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

(12) 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.

(13) Child study inventory.

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

(15) JFS 01673 "Assessment for Child Placement (Homestudy)"(rev. 12/2014) or JFS 01692 "Application for Adoption of a Foster Child or Sibling Group" (rev. 12/2014).

Supplemental Information

Authorized By: 5153.16, 5153.163
Amplifies: 5153.163, 5153.16
Five Year Review Date: 8/1/2024
Prior Effective Dates: 7/1/1990, 5/1/2003, 7/1/2004, 5/1/2009
Rule 5101:2-44-13 | Administration of the post adoption special services subsidy (PASSS) program.
 

(A) The Ohio department of job and family services (ODJFS) is responsible for the administration and determination of eligibility for the post adoption special services subsidy (PASSS) program. The department may contract with another person to carry out any of the duties described in this rule.

(B) An adoptive family seeking a post adoption special service subsidy is to:

(1) Submit a JFS 01050 "Application for Post Adoption Special Services Subsidy" online at https://ohiokan.jfs.ohio.gov/ or

(2) Make contact with the Ohio kinship and adoption navigator (OhioKAN) program by phone, email or in person.

(C) OhioKAN staff will make contact with the family to assist in obtaining other needed documentation for the completed application. The completed application will consist of the following documentation:

(1) The JFS 01050 "Application for Post Adoption Special Services Subsidy."

(2) The JFS 01051 "Application for Additional Post Adoption Special Services Subsidy (PASSS) Funding for Extraordinary Circumstances," if applicable.

(3) The JFS 01052 "Credentials of Professional Providers of PASSS Funded Therapeutic Services and Memorandum of Understanding," if applicable.

(4) The JFS 01681 "Applicant Financial Statement."

(5) Any other documentation requested to aid in the approval process.

(D) OhioKAN staff are to work with the adoptive family to provide assistance to the adoptive parent(s) in exploring other sources of support and services for the child prior to forwarding the application and accompanying documentation to ODJFS.

(E) OhioKAN staff are to inquire if the child who is receiving medicaid is enrolled in the OhioRISE program. If the child is not enrolled in the OhioRISE program the child will be referred to the program.

(F) OhioKAN staff are to forward the completed application and all required documentation as outlined in rule 5101:2-44-13.1 of the Administrative Code to the ODJFS within fifteen calendar days.

(G) ODJFS is to review all documentation described in paragraph (C) of this rule and recommend the services and level of funding to be provided by the PASSS program to the adoptive family.

(H) PASSS funds are to be used for the following:

(1) Services that aid in maintaining the child 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 are to focus on specific reunification goals that enable the child to return home.

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

(I) Approval of the PASSS application will be based on the following:

(1) The review of supporting documentation as specified in rule 5101:2-44-13.1 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.

(J) The family is to receive written notice of approval or denial on the "Approval or Denial for Post Adoption Special Services Subsidy" report generated from the Ohio statewide automated child welfare information system (SACWIS) to the adoptive family within five days of the decision to approve or deny the application, but no later than forty-five days of submission of the completed application.

(K) In the event an individual receives a denial notice the individual has the right to appeal the decision by requesting a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(1) The individual has fifteen calendar days from the mailing date of the denial notice to request a state hearing.

(2) The individual may withdraw the state hearing request at any time prior to a state hearing decision being issued.

(L) ODJFS will approve PASSS funding for eligible applicants 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, ODJFS may not be held responsible for payment of services for applications that have not been approved.

(M) PASSS funds are not to supplant medicaid funding if the child is eligible for coverage under the medicaid program.

(N) ODJFS 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.

(4) The provider of the recommended service does not accept medicaid or is not covered by the family's insurance.

(O) The amount funded is not to exceed the amount paid for the same service provided by a medicaid provider if the applicable service requested is covered under medicaid pursuant to: appendix DD to rule 5160-1-60 of the Administrative Code or appendix A to rule 5160-27-03 of Administrative Code for mental health services.

(P) If the service is not covered under medicaid, the amount funded is to be a reasonable amount and is to 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.

(Q) Invoices are to be submitted as services are rendered. All invoices submitted for payment that comply with Chapter 5101:2-44 of the Administrative Code will be paid by ODJFS if submitted no later than September thirtieth, after the close of the state fiscal year in which the applications were approved.

(R) Each approved PASSS application is to be reviewed by ODJFS 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.

(S) ODJFS is to notify families who have not utilized approved funds, 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.

(T) If ODJFS does not accept the justification offered by the family, ODJFS is to release the funds in question and the family is responsible for the payment of services.

(U) If ODJFS releases the funds, it is to 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.

Last updated March 22, 2024 at 10:29 AM

Supplemental Information

Authorized By: 5101.1418
Amplifies: 5101.1418
Five Year Review Date: 7/1/2027
Prior Effective Dates: 7/1/1990, 9/21/1992, 1/30/1998, 6/1/2000, 7/1/2004, 7/1/2008
Rule 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 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.

Last updated March 22, 2024 at 10:30 AM

Supplemental Information

Authorized By: 5101.1418
Amplifies: 5101.1418
Five Year Review Date: 7/1/2027
Prior Effective Dates: 6/1/2000, 7/1/2001, 5/1/2009
Rule 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. 12/2014) or equivalent for children adopted from another state.

(b) A JFS 01692 "Application for Adoption of a Foster Child or Sibling Group" (rev. 12/2014).

(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 shall 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.

Last updated January 17, 2024 at 3:25 PM

Supplemental Information

Authorized By: 3107.018, 5101.143
Amplifies: 3107.018, 5101.143
Five Year Review Date: 8/1/2024
Prior Effective Dates: 7/1/2011
Rule 5101:2-44-15 | Administration and eligibility for the Ohio adoption grant program.
 

(A) The Ohio adoption grant program is a one-time payment per child provided to eligible adoptive parents for qualifying adoptions finalized on or after January 1, 2023, as long as state funds are available. In the event state funding is no longer available, the Ohio adoption grant program will close to new applications until additional funds are secured or July first of the following state fiscal year (SFY), whichever occurs first. Once state funds have been exhausted, the Ohio department of job and family services (ODJFS) is not to be held responsible for payment of grant payments for applications that have not been approved.

(B) As used in this rule the following have the same meaning as in section 5101.19 of the Revised Code:

(1) Adopted child;

(2) Adoption;

(3) Adoptive parent;

(4) Casework services;

(5) Foster caregiver;

(6) Qualified professional;

(7) Special needs.

(C) All of the following requirements are to be met to be eligible for receiving the Ohio adoption grant:

(1) The adoptive parent(s) resides in Ohio at the time of the application.

(2) The adoptive parent(s) has not previously received a grant payment from the Ohio adoption grant program for the adopted child for whom the parent is seeking payment.

(3) The adoptive parent(s) is to submit the JFS 01057 "Application for The Ohio Adoption Grant" and all other documentation pursuant to paragraph (E) of this rule no later than one year after the final adoption order, interlocutory order of adoption, or recognition of the adoption by this state under section 3107.18 of the Revised Code for the adopted child for whom the grant payment is sought.

(4) The adoption was not by a parent whose spouse is a biological or adoptive parent of the child prior to the adoption for which the payment is sought.

(D) If all of the requirements of paragraph (C) in this rule are met, a one-time payment is to be issued to the adoptive parent in accordance to the following:

(1) Ten thousand dollars; or

(2) Fifteen thousand dollars, if the parent was a certified foster caregiver for the child prior to adoption; or

(3) Twenty thousand dollars, if a qualified professional who does not provide casework services to the adopted child diagnoses the child with one or more special needs in the professional's area of expertise prior to the final order of adoption, interlocutory order of adoption, or recognition of the adoption by this state under section 3107.18 of the Revised Code.

(E) The following documentation is to be provided to ODJFS by the adoptive parent(s) with the JFS 01057 for approval and determination of eligible fund amount:

(1) A copy of a final order of adoption, an interlocutory order of adoption, or recognition of the adoption under section 3107.18 of the Revised Code.

(2) United States internal revenue service (IRS) form W-9, "Request for Taxpayer Identification Number and Certification."

(3) Two forms of identification:

(a) Current identification for Ohio residence of the adoptive parent(s).

(b) United States social security card of adoptive parent(s).

(F) The following documentation, as applicable, is to be provided to ODJFS by the adoptive parent(s) with the JFS 01057 for approval and determination of eligible fund amount:

(1) Documentation the adoptive parent(s) was a foster caregiver(s) for the child prior to the adoption. The documentation containing information on the placement of the child, including name of the child, name of the foster parent(s) and placement dates can be provided by the public children services agency or private child placing agency.

(2) Documentation of the adopted child's diagnoses as outlined in paragraph (D)(3) of this rule on the JFS 01058 "Ohio Adoption Grant Program Special Needs Documentation."

(G) ODJFS will review the JFS 01057 and all submitted documentation described in paragraphs (E) and (F) of this rule to determine if the requirements for the Ohio adoption grant program are met and provide the family with a decision of approved or denied.

(H) Approved adoptive parent(s) will be informed of the payment amount and issued a one-time payment according to paragraph (D) of this rule by ODJFS.

(I) Adoptive parent(s) who have been denied as not meeting eligibility requirements for the Ohio adoption grant program will be notified by ODJFS and informed why the application was denied and may request a second review of the JFS 01057 no later than thirty days from the date of denial.

(J) Upon receipt of a request for a second review, ODJFS will review the JFS 01057. The second review will be conducted by the ODJFS administrative/management staff within ODJFS.

(1) If ODJFS' second review approves, the adoptive parent(s) will be issued a one-time payment, according to paragraph (D) of this rule.

(2) If ODJFS' second review denies, ODJFS will notify the adoptive parent(s) of the denial.

(K) In accordance with division (C) of section 5101.193 of the Revised Code, any department, agency, or division of the state, including the department of health, is to provide any document related to the adoption upon request supporting the application for the Ohio adoption grant.

Last updated August 7, 2023 at 8:55 AM

Supplemental Information

Authorized By: 5101.19, 5101.191, 5101.192, 5101.193, 5101.194
Amplifies: 5101.19, 5101.191, 5101.192, 5101.193, 5101.194
Five Year Review Date: 8/5/2028
Prior Effective Dates: 4/7/2023 (Emer.)