Chapter 5101:2-46 | Federal Kinship Guardianship Assistance Program

Rule 5101:2-46-01 | Administration of the Title IV-E kinship guardianship assistance program (KGAP).

• Effective: January 22, 2024
• Promulgated Under: 119.03

(A) The primary objectives of the KGAP program are to:

(1) Facilitate another permanency planning option for children who it has been determined that reunification and adoption are not appropriate options for the child; and

(2) Assist kinship caregiver(s) who have a strong commitment to caring permanently for the child.

(B) The public children services agency (PCSA) is to determine eligibility and coordinate with the Ohio department of job and family services (ODJFS) to complete all procedures related to the administration of KGAP.

(C) ODJFS is responsible for the following administrative activities related to KGAP.

(1) Negotiate payment.

(2) Ensuring the proper administration of funds, allocated or reimbursed.

(3) Maintaining a separate KGAP case record for each program eligible child that has entered into a KGAP agreement.

(4) Redetermination of annual eligibility.

(D) The PCSA is to establish and maintain policy and procedures governing its kinship guardianship assistance program in accordance with 42 U.S.C. 673(d) of the Act.

(E) The PCSA is to determine eligibility status in the Ohio statewide automated child welfare information system (SACWIS) and inform ODJFS that the applicant(s) are eligible for federal KGAP within thirty working days of a request by the kinship caregiver to apply for federal KGAP payments. The PCSA will determine the eligibility status using the criteria outlined in rule 5101:2-46-02 of the Administrative Code.

(F) Prior to the court issuing an order of legal custody/guardianship, the PCSA that holds custody is to complete the KGAP eligibility determination in the Ohio SACWIS and if the child is eligible for Title IV-E KGAP provide the kinship caregiver(s) with information on how to access the JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility" form.

(G) The PCSA is to assist the kinship caregiver(s) of a child placed by the PCSA with the JFS 00131, requested by the kinship caregiver(s). The PCSA is to also provide the kinship caregiver(s) with the JFS 04059 "Explanation of State Hearing Procedures" and is to inform the kinship caregiver(s) of the right to request a state hearing upon approval or denial of their application.

(H) The kinship caregiver(s) has the right to request a state hearing if the PCSA denies eligibility for KGAP, or the application has been acted upon erroneously, or not acted upon with reasonable promptness.

(I) In the event that the kinship caregiver dies or is incapacitated, the PCSA is to assist the primary successor legal guardian as outlined in rule 5101:2-46-05 of the Administrative Code.

Last updated January 22, 2024 at 9:26 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5101.1416, 5101.1417
Five Year Review Date: 1/1/2028
Prior Effective Dates: 1/1/2023

Rule 5101:2-46-02 | Title IV-E kinship guardianship assistance program (KGAP) eligibility criteria.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) For the purposes of Chapter 5101:2-46 of the Administrative Code, "kinship caregiver" has the same meaning as in rule 5101:2-1-01 of the Administrative Code and including any individual who meets one of the following:

(1) An individual who had an existing relationship with the child or the child's family that is similar to a familial relationship prior to the child's placement into substitute care; or

(2) An individual who is a member of a child's current foster family that does not wish to pursue adoption of the child, but a court has made a finding pursuant to sections 2151.4119 and 2151.4120 of the Revised Code that the child's current foster home has a kin relationship with the child.

(B) In order to be eligible for the KGAP program, prior to the court issuing an order granting legal custody/guardianship to the kinship caregiver(s) the public children services agency (PCSA) has determined the following eligibility criteria:

(1) The child, as defined in rule 5101:2-1-01 of the Administrative Code, was:

(a) Removed from their home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child.

(b) Eligible for Title IV-E foster care maintenance (FCM) payments during at least a six-consecutive month time period during which the child resided in the home of the kinship caregiver(s) who was certified as a foster home while in foster care.

(c) A citizen or legal resident of the United States, and legal custody/guardianship will be granted in the United States.

(2) The PCSA has also found:

(a) Reunification or adoption are not appropriate permanency planning options for the child.

(b) The child demonstrates a strong attachment to the kinship caregiver(s) and the kinship caregiver(s) has a strong commitment to caring permanently for the child.

(c) A child who is fourteen years or older has been consulted regarding the kinship guardianship arrangement.

(d) The kinship caregiver(s) is currently certified as a foster home including having up to date background checks in accordance with rules 5101:2-5-20; 5101:2-5-24, 5101:2-5-30 and 5101:2-5-09.1 of the Administrative Code as applicable. If the kinship caregiver(s) resides in another state, the PCSA is to ensure the family and any other adult(s) of the kinship caregiver(s) living in the home, complies with all requirements of that state for licensure and background checks to become certified or licensed in that state.

(C) Any sibling of a child in receipt of KGAP payments who is placed with the same relative is eligible to receive KGAP payments under a kinship guardianship arrangement if the PCSA determines this as an appropriate placement and the relative(s) agrees.

(1) The PCSA does not have to place siblings with the kinship caregiver(s) of the child simultaneously with the Title IV-E eligible child for the siblings to qualify for payment.

(2) The sibling does not have to meet the eligibility criteria in order to receive KGAP payments.

(D) For a child who has a case plan goal or concurrent plan goal of custody with a fit and willing kinship caregiver(s), the case plan is to be documented in accordance with rule 5101:2-38-05.2 of the Administrative Code.

(E) The PCSA is to use the Ohio statewide automated child welfare information system (SACWIS) to document KGAP eligibility status.

(F) When the kinship caregiver(s) submits documentation for ongoing verification, Ohio department of job and family services (ODJFS) is to determine if the kinship caregiver(s) is still caring for the child.

Last updated January 3, 2023 at 9:05 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-03 | Initial determination of the Title IV-E kinship guardianship assistance program (KGAP) monthly payment amount.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) The monthly amount of the KGAP payment is determined by negotiation and mutual agreement between the kinship caregiver(s) and Ohio department of job and family services (ODJFS).

(B) KGAP payments are to be negotiated as follows:

(1) The amount of the monthly KGAP payment for a child is not to exceed the current cost of the monthly foster care maintenance (FCM) payment that was paid or would have been paid if the child had been placed in a foster home.

(2) The KGAP payment for a child is to be eighty per cent of the child's current foster care per diem unless this would result in a KGAP payment of less than three hundred fifty dollars.

(3) For any child for whom the requirement in paragraph (B)(1) of this rule would result in a KGAP payment of less than three hundred fifty dollars, the KGAP payment is to be three hundred fifty dollars or the child's current foster care per diem amount, whichever is lower.

(4) ODJFS and the kinship caregiver can mutually agree to negotiate a lower payment of three hundred fifty dollars.

(C) ODJFS is not to consider the religion, sex, age, race, color, disability, or national origin of a kinship caregiver(s) or of the child when negotiating the KGAP agreement.

(D) No income eligibility test is to be used when determining the monthly KGAP payment.

(E) The child's supplemental security income (SSI) benefits are to be considered in the determination of the KGAP payment amount.

(F) The kinship caregiver(s) is to notify the social security administration (SSA) of the KGAP monthly payment amount if the child receives SSI benefits. The child may receive KGAP and SSI concurrently if the child receives SSI. If there is concurrent receipt of payments from both programs, the SSA will decrease the monthly SSI benefit by the monthly KGAP payment amount.

(G) ODJFS is to notify the kinship caregiver(s) of their rights to a state hearing in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(H) ODJFS is to document the following in the Ohio statewide automated child welfare information system (SACWIS):

(1) Initial agreed upon monthly KGAP payment amount.

(2) State hearing and administrative appeal.

(I) ODJFS is to document in the child's KGAP case file when changes occur to the circumstances of the child and/or family; those changes are to be addressed or reviewed pursuant to rule 5101:2-46-07 of the Administrative Code.

Last updated January 3, 2023 at 9:06 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-04 | Title IV-E kinship guardianship assistance program (KGAP) agreement and duration: provision for financial support and services.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) The kinship caregiver(s), the public children services agency (PCSA) director or designee and Ohio department of job and family services (ODJFS) are to negotiate and enter into a written, binding KGAP agreement with the prospective kinship caregiver(s) of a child who meets the requirements. All parties will review, sign and date the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" prior to the court issuing an order granting legal custody/guardianship. The PCSA responsible for determining eligibility for KGAP is also responsible for signing the JFS 00133.

(B) The agreement is to specify, at a minimum:

(1) The amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the kinship caregiver(s) and the needs of the child.

(2) The additional services and assistance that the child and kinship caregiver(s) will be eligible for under the agreement.

(3) The procedure by which the kinship caregiver(s) may apply for additional services as needed.

(4) That the state/tribal agency will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, to the extent the total cost does not exceed two thousand dollars.

(5) That the agreement is to remain in effect without regard to the state/tribal service area residency of the kinship caregiver(s).

(C) The agreement is to list the payments to be provided and the terms under which such benefits will continue to be available. The KGAP agreement is binding, but the payments may be amended at any time in response to a request made either by the kinship caregiver(s) or ODJFS if the kinship caregiver(s) and ODJFS agree to the change.

(D) The KGAP agreement is to be effective on the date specified on the JFS 00133.

(E) The PCSA is to ensure legal status change entry into Ohio statewide automated child welfare information system (SACWIS) within ten days from the receipt of the journalized court order granting the kinship caregiver(s) legal custody or guardianship.

(F) The KGAP payments and services are not to begin prior to the court issuing an order granting legal custody/guardianship to the specified kinship caregiver(s). Once the kinship caregiver(s) has committed to care for the child and has assumed legal custody/guardianship of the child, ODJFS may then pay kinship guardianship assistance payments on behalf of a child to the kinship caregiver(s) provided that the agreement meets, or is amended to meet, all the requirements.

(G) The KGAP agreement is to remain in effect regardless of the county, state, or country where the kinship caregiver(s) resides unless the agreement is terminated pursuant to rule 5101:2-46-09 of the Administrative Code.

(H) The terms of the KGAP agreement may be amended at any time if both parties agree to the change in accordance with rule 5101:2-46-07 of the Administrative Code.

(I) In accordance with federal requirements, section 42 U.S.C. 673(d)(3)(C), effective September 29, 2014, language may not be added to the KGAP agreement that makes the agreement subject to the availability of funds.

(J) The kinship caregiver is to name a primary successor legal guardian in the agreement or in any amendments to the agreement. The primary successor legal guardian cannot be the parent(s) of the kinship guardianship child in accordance with section 42 U.S.C. 673(d)(3)(C). A new JFS 00133, with a successor guardian, will be entered into if all of the following are met:

(1) The kinship caregiver(s) dies or becomes incapacitated.

(2) The primary successor legal guardian(s) is named in the current agreement.

(3) The primary successor legal guardian(s) and all adult household members complete and pass criminal background checks in accordance with rules 5101:2-46-05 and 5101:2-5-20, 5101:2-5-24, 5101:2-5-30 and 5101:2-5-09.1 of the Administrative Code.

(4) The primary successor legal guardian(s) obtains legal guardianship by a court of competent jurisdiction.

(K) If the KGAP payment is made to a primary successor legal guardian, ODJFS is to ensure all of the following prior to payment:

(1) Verification of the primary successor legal guardian named in the kinship caregiver(s) JFS 00133 or in any amendments to the agreement.

(2) Termination date of the JFS 00133 with the previous kinship caregiver(s) pursuant to rule 5101:2-46-09 of the Administrative Code.

(3) Completion of primary successor legal guardian background checks in accordance with rules 5101:2-5-20, 5101:2-5-24, 5101:2-5-30 and 5101:2-5-09.1 of the Administrative Code.

(4) The PCSA in the county in which the successor resides is to assist in completing the required background checks.

(5) If residing in another state, the PCSA that previously held custody of the child is to assist in completing the required background checks.

(6) Completed and signed JFS 00133 between the primary successor legal guardian, as the kinship caregiver(s), the PCSA director or designee and ODJFS.

(7) Establish legal custody/guardianship of the primary successor legal guardian pursuant to rule 5101:2-46-04 of the Administrative Code as the kinship caregiver.

(L) ODJFS will not have a general policy limiting KGAP prior to the child's eighteenth birthday.

(M) ODJFS is to give a copy of the signed agreement and all amendments to the kinship caregiver(s) and keep a copy in the KGAP case record.

(N) ODJFS is to secure Title XIX medicaid and Title XX social services block grant services if the services are not available in the state or county where the child resides in accordance with rule 5101:2-46-13 of the Administrative Code.

(O) Nothing is to prohibit the kinship caregiver(s) family from seeking Title XX services available in the county of residence even if they are not already specified in the KGAP agreement. The kinship caregiver(s) may:

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

(2) Seek to amend the child's KGAP agreement.

(P) The kinship caregiver(s) is to inform ODJFS of circumstances that would make them ineligible.

(Q) The kinship caregiver(s) has the right to a state hearing under any of the following circumstances:

(1) The PCSA denies eligibility for KGAP.

(2) ODJFS denies the amount of payment requested by the kinship caregiver(s) in the child's initial JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility."

(3) ODJFS proposes to reduce, suspend, or terminate the amount of KGAP payment specified on the current KGAP agreement.

(4) ODJFS denies a request by the kinship caregiver(s) to amend the terms of the current KGAP agreement.

(R) ODJFS is to provide written notification to the kinship caregiver(s) when any of the following occur:

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

(2) A reduction, suspension, or termination of the monthly KGAP payment.

(S) ODJFS is to inform the kinship caregiver(s) of all decisions to deny or approve KGAP and provide a copy of the JFS 04059 "Explanation of State Hearing Procedures."

Last updated January 3, 2023 at 9:06 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-05 | Title IV-E kinship guardianship assistance program (KGAP) monthly payments.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) KGAP monthly payments are to begin when there is a mutually agreed upon KGAP agreement and all eligibility criteria outlined in rule 5101:2-46-02 of the Administrative Code have been met.

(B) Ohio department of job and family services (ODJFS) is to enter the KGAP payment information into the Ohio statewide automated child welfare information system (SACWIS). The payment is to be in the form of a warrant or electronic funds transfer (EFT) made to the kinship caregiver(s).

(C) If an overpayment or an underpayment of a KGAP payment occurs, the ODJFS is to take immediate action to correct either situation as soon as information is received.

(1) An underpayment occurs when one of the following circumstances exists:

(a) The kinship caregiver(s) of a KGAP child does not receive a payment they are entitled to according to the current agreement.

(b) The kinship caregiver(s) of a KGAP child receives a payment less than the amount they are entitled to according to the current agreement.

(2) An overpayment occurs when a kinship caregiver(s) receives a payment amount they are not entitled to because of the following reasons.

(a) The payment was made in excess of the agreed upon amount.

(b) The child for whom a KGAP payment was made was not eligible for such payment the month the payment was made.

(D) ODJFS is responsible for reviewing payment records for KGAP cases to determine if an overpayment has occurred. If an overpayment has occurred, ODJFS is to:

(1) Adjust the overpayment in Ohio SACWIS. Adjustment of the payment is to be effective on the first day of the month following the month in which the change occurred.

(2) Provide notification to the kinship caregiver(s) when an overpayment is found and identify what action the ODJFS proposes to take with regard to the payment.

(3) Send notification of the state hearing process to the kinship caregiver(s) in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

(E) ODJFS is to only take adverse action regarding the eligibility or financial status of a KGAP case, ODJFS is to do so in accordance with the provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, and

(1) KGAP is to continue until a state hearing decision is issued if the state hearing is requested within fifteen calendar days of the date on the notice of adverse action.

(2) ODJFS is to continue KGAP payments if the hearing decision is favorable to the kinship caregiver(s).

(3) The kinship caregiver(s) is not required to return KGAP payments received prior to the issuance of the state hearing decision if the state hearing was requested within fifteen calendar days of the mailing date on the notice of adverse action and the hearing decision is to terminate or amend the monthly KGAP payment amount.

(F) Documentation of the repayment for the overpayment and the adjustment for the underpayment is to be retained in the KGAP case record.

(G) ODJFS is to refer all cases to the auditor of state in accordance with section 117.103 of the Revised Code, if there is probable cause to believe the crime of fraud has been committed.

Last updated January 3, 2023 at 9:06 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-06 | Title IV-E kinship guardianship assistance program (KGAP) ongoing verification.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) Ohio department of job and family services (ODJFS) is to provide the kinship caregiver(s) with the JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) annual assurance of legal responsibility, school attendance and eligibility for continued Medicaid coverage" annually or whenever impacting eligibility criterion.

(B) For a child who has attained the minimum age for compulsory school attendance, ODJFS is to assure that the child's KGAP case record contains documentation of one of the following:

(1) A child is enrolled full-time, or in the process of enrolling full-time, in an institution providing elementary or secondary education.

(2) A child is instructed in elementary or secondary education at home full-time in accordance with the home school law of the state where the kinship caregiver(s) resides.

(3) A child is in an independent study elementary or secondary education program full-time in accordance with the law of the state where the program is located, which is administered by the local school or school district.

(4) A child is incapable of attending school on a full-time basis due to the medical condition of the child, and the incapability is supported by regularly updated information in the KGAP case record of the child.

(C) The kinship caregiver(s) is to notify ODJFS within fifteen calendar days of the date of a change if:

(1) The child reaches the age of eighteen, or twenty-one if the child is physically/mentally disabled or has a medical condition pursuant to rule 5101:2-46-14 of the Administrative Code.

(2) The child marries or enlists in the military services.

(3) The child's primary health care insurance coverage changes from medicaid to private health care insurance. The kinship caregiver(s) is to complete an ODM 06612 "Health Insurance Information Sheet" as a result of this change.

(4) The kinship caregiver(s) is no longer supporting the child.

(5) The kinship caregiver(s) legal rights have been terminated by a court of competent jurisdiction.

(6) The family moves, or the child establishes their own residence.

(7) The child is deceased.

(D) The kinship caregiver(s) is to be supporting the child. A kinship caregiver(s) is supporting the child if the kinship caregiver(s) provides the child with shelter, food, clothing, or any support regardless of the physical location of the child. A kinship caregiver(s) is generally responsible for the support of a child who is under the age of eighteen or under the age of twenty-one and is physically/mentally disabled or has a medical condition.

(E) A kinship caregiver(s) is not legally required to support the child if the child is emancipated. A child becomes emancipated if the child:

(1) Enlists in the military services.

(2) Marries.

(3) Has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(F) If the child no longer meets the requirements for KGAP, ODJFS is to terminate the KGAP agreement pursuant to rule 5101:2-46-09 of the Administrative Code.

Last updated January 3, 2023 at 9:07 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-07 | Amendment of the Title IV-E kinship guardianship assistance program (KGAP) agreement.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) Prior to the expiration date of the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement," the kinship caregiver(s), the public children services agency (PCSA) director or designee and Ohio department of job and family services (ODJFS) by mutual agreement amend the JFS 00133. The amended agreement is to meet all other requirements of rule 5101:2-46-04 of the Administrative Code.

(B) Any request for an amendment to the KGAP agreement is to contain newly documented needs of the child or circumstances of the kinship caregiver(s) that were not previously subject to the current agreement.

(C) By mutual agreement between the kinship caregiver(s) and ODJFS pursuant to rule 5101:2-46-04 of the Administrative Code, the kinship caregiver(s) may amend the agreement to change the successor guardian at any time.

(D) At any time while the JFS 00133 is in effect, the kinship caregiver(s) and ODJFS may agree to amend the payment amount or provision for services. If an amendment is requested:

(1) The JFS 00133 is to be entered into by mutual agreement between the kinship caregiver(s) and ODJFS pursuant to rule 5101:2-46-04 of the Administrative Code.

(2) ODJFS and kinship caregiver(s) are to sign the amended agreement.

(3) The agreement is to meet all requirements of rules 5101:2-46-03 and 5101:2-46-04 of the Administrative Code.

(4) ODJFS is to give a copy of the amended agreement to the kinship caregiver(s) and retain a copy in the child's case record.

(E) If ODJFS and the kinship caregiver(s) cannot agree on a mutually acceptable monthly KGAP payment amount, ODJFS and the kinship caregiver(s) may complete a JFS 00133 for a mutually acceptable level of KGAP payment while negotiations continue and requests a state hearing.

(F) If the kinship caregiver(s) requests an amendment of the KGAP payment specified in an existing agreement and ODJFS denies the request, ODJFS is to provide the kinship caregiver(s) with written notice of the denial and the right to a state hearing, as provided in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code.

Last updated January 3, 2023 at 9:07 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-08 | Suspension of Title IV-E kinship guardianship assistance program (KGAP) payment.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) Ohio department of job and family services (ODJFS) may suspend the KGAP payment when the following occur:

(1) If ODJFS cannot establish contact with the kinship caregiver(s) to determine if the kinship caregiver(s) is still legally responsible for the support of the child; and

(2) If ODJFS can document efforts to contact the kinship caregiver(s) to determine what support is provided to the child. Efforts include various methods to make contact with the kinship caregiver(s) such as telephone calls, mailings, texts, and emails; or

(3) A Title IV-E agency has assumed legal responsibility for the care and placement/custody of the child.

(B) When ODJFS proposes to suspend KGAP payment, ODJFS is to provide the kinship caregiver(s) with the following:

(1) A written notice that ODJFS intends to suspend KGAP payments.

(2) The reason(s) for the intended suspension of KGAP payments.

(3) The begin date of the intended suspension of KGAP payments.

(4) The kinship caregiver(s) right to a state hearing and the JFS 04059 "Explanation of State Hearing Procedures."

(C) The state hearing is to be requested within fifteen days from the date of the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code

(1) If a state hearing is requested timely, within fifteen days, the KGAP payment is to continue until a state hearing decision is issued.

(2) If no state hearing is requested timely, within fifteen days, the KGAP payments are to be suspended.

(3) When the KGAP payment is suspended, the kinship caregiver(s) has ninety days to make contact and provide documentation of support.

(D) If a state hearing is requested and the state hearing decision is favorable to the kinship caregiver(s), KGAP payments are to continue in accordance with the terms of the KGAP agreement or an amended agreement may be entered into by mutual agreement.

(E) If a state hearing is requested and the state hearing decision is favorable to ODJFS, ODJFS can terminate the KGAP agreement in accordance with the procedures as outlined in rule 5101:2-46-09 of the Administrative Code.

(F) If the kinship caregiver(s) contacts ODJFS while the KGAP payment is suspended and can provide documentation that meets the ongoing verification requirement to show continued support of the child, KGAP payments may be reinstated retroactive back to the date of the suspension, unless ODJFS has terminated the KGAP payment pursuant to rule 5101:2-46-09 of the Administrative Code.

(G) If the kinship caregiver(s) has not contacted ODJFS and provided documentation that meets the ongoing verification requirement within ninety days of the written notice to suspend KGAP payment, ODJFS can terminate the KGAP agreement in accordance with the procedures as outlined in rule 5101:2-46-09 of the Administrative Code.

Last updated January 3, 2023 at 9:07 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-09 | Termination of a Title IV-E kinship guardianship assistance program (KGAP) agreement.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) Ohio department of job and family services (ODJFS) is to terminate the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" in any of the following circumstances:

(1) At the end of the month of the child's eighteenth birthday.

(2) The kinship caregiver(s) has not contacted ODJFS and provided documentation that meets the ongoing verification requirement within ninety days of the notice to suspend a KGAP payment pursuant to rule 5101:2-46-08 of the Administrative Code.

(3) If the child is no longer receiving any support from the kinship caregiver(s) as defined in paragraph (B) of this rule.

(4) If the kinship caregiver(s) is no longer legally responsible for supporting the child as defined in paragraph (C) of this rule.

(5) If a court of competent jurisdiction has terminated legal custody/guardianship of the kinship caregiver(s) or the kinship caregiver(s) has voluntarily surrendered legal custody/guardianship.

(6) If the kinship caregiver(s) requests termination of the KGAP benefits.

(7) If the kinship caregiver(s) is deceased.

(8) If a new agreement was established with the successor guardian upon the kinship caregiver(s) death or incapacitation.

(9) If the child is deceased.

(B) A kinship caregiver(s) is not supporting the child if the kinship caregiver(s) is not providing the child with shelter, food, clothing, or any financial support regardless of the physical location of the child.

(C) A kinship caregiver(s) is not legally required to support the child if the child becomes emancipated. A child becomes emancipated if the child:

(1) Enlists in the military services, defined as the date of report for active duty.

(2) Marries.

(3) Has been determined to be an emancipated minor by a court of competent jurisdiction or the state of residence.

(4) Is self-supporting by paying for shelter, food, and clothing even though they may still reside with the kinship caregiver(s).

(D) When ODJFS proposes to terminate the KGAP agreement, ODJFS is to provide the kinship caregiver(s) with a notice of the proposal to terminate and the right to a state hearing.

(E) When ODJFS proposes to terminate the KGAP agreement, and the kinship caregiver(s) has requested a state hearing, the following will apply:

(1) If a state hearing is requested within fifteen days of the date on the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, KGAP is to continue until a state hearing decision is issued.

(2) If a state hearing is requested within fifteen days of the date on the notice and the hearing decision is favorable to the kinship caregiver(s), KGAP is to continue in accordance with the terms of the KGAP agreement or an amended agreement may be entered into by mutual agreement.

(3) If a state hearing is requested within fifteen days of the mailing date on the notice and the hearing decision is to terminate the KGAP, the kinship caregiver(s) is not required to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested, KGAP is to be terminated.

(F) When ODJFS determines that KGAP should be terminated, ODJFS is to provide notification to the kinship caregiver(s) of Ohio's intent to terminate the KGAP subsidy. Notification is to include, at a minimum, all of the following:

(1) The effective termination date.

(2) Provide the JFS 04059 "Explanation of State Hearing Procedures."

(3) Complete the JFS 04065 "Prior Notice of Right to A State Hearing."

(4) Include the JFS 04069 "State Hearing Request."

(5) A completed JFS 00127 "Notice of Adverse Action for the Federal Kinship Guardianship Assistance Program (KGAP)."

(6) Complete the ODM 01958 "Referral for Medicaid continuing eligibility review" pursuant to rule 5160:1-2-01 of the Administrative Code and send the ODM 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" to the kinship caregiver(s).

Last updated January 3, 2023 at 9:08 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-10 | Case record requirements for Title IV-E kinship guardianship assistance program (KGAP).

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) Ohio department of job and family services (ODJFS) is to maintain a KGAP case record that is available upon request.

(B) The case record is to contain documentation which supports the public children services agency (PCSA) actions in determining eligibility for KGAP. The case record is to include the following information, when applicable:

(1) A copy of the signed JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility," even if the kinship caregiver(s) declines.

(2) A copy of the signed JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement."

(3) A copy of the KGAP eligibility determination in the Ohio statewide automated child welfare information system (SACWIS).

(4) A copy of each signed JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage."

(5) A copy of the ODM 06612 "Health Insurance Information Sheet," as completed by the kinship caregiver(s).

(6) A copy of the ODM 06613 "Accident/Injury Insurance Information," as completed by the kinship caregiver(s).

(7) A copy of the ODM 03528 "Healthchek and Pregnancy Related Services information Sheet," as applicable.

(8) A copy of the journalized court order granting the kinship caregiver(s) legal custody/guardianship.

(9) A copy of the documentation evidencing repayment of any identified KGAP overpayment.

(10) A copy of all state hearing, administrative appeal, and judicial review documentation.

(11) A copy of the interstate compact and KGAP medical assistance forms.

(C) For applications received from a kinship caregiver(s) who resides out of state, the case record is to include a copy of forms which contain, at a minimum, the information required by the JFS 00131 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Application for Initial Eligibility."

Last updated January 3, 2023 at 9:08 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-11 | Title XIX medicaid coverage for Title IV-E kinship guardianship assistance program (KGAP) eligible children.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) A child eligible for KGAP, is eligible for Title XIX medicaid coverage beginning with the effective date of the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement."

(B) Ohio department of job and family services (ODJFS) is to inform the kinship caregiver(s) that they are to notify ODJFS within fifteen calendar days after moving to another county or state.

(C) The kinship caregiver(s) is to cooperate with ODJFS to assure that a move out-of-state complies with any applicable interstate requirements pursuant to rule 5101:2-44-05.2 of the Administrative Code. Failure to notify ODJFS may result in the interruption of Title XIX medical coverage.

(D) For a child with a KGAP agreement in effect who moves or resides out-of-state, the following is to apply:

(1) After seven business days after ODJFS is notified by the kinship caregiver(s) that the KGAP eligible child is moving to or residing in another state, ODJFS is to transfer Title XIX medical coverage to the state of residence by:

(a) Completing and forwarding the current signed and dated JFS 00133 to the Ohio department of job and family services (ODJFS) interstate compact and medical assistance (ICAMA) state administrator pursuant to rule 5101:2-44-05.2 of the Administrative Code.

(b) Providing notification to the kinship caregiver(s) of Ohio's intent to terminate the Title XIX medical coverage. Notification is to, at a minimum, include all of the following:

(i) The effective termination date of Ohio's Title XIX medical coverage.

(ii) A completed JFS 04065 "Prior Notice of Right To A State Hearing."

(iii) A statement that the child will continue to receive KGAP payments from Ohio or, if no payments are being made, a statement that the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" remains in effect and Title XIX medical coverage will be provided by the state in which the child resides.

(c) Terminating the medical coverage in the Ohio statewide automated child welfare information system (SACWIS).

(2) Upon notification of any change that would affect the medicaid status, ODJFS is to, complete and forward the ICAMA form 7.5 "Information Exchange" which can be found at: https://aaicama.org/cms/index.php/the-aaicama/new-icama-forms/icama-forms to ODJFS ICAMA state administrator.

(3) ODJFS is to provide the responsible Title XIX medical authority in the state where the child resides with verification that the child meets the continuing eligibility requirements for medicaid. If ODJFS determines the child does not meet the continuing eligibility requirements, within twenty business days ODJFS is to:

(a) Complete a medicaid pre-termination review (PTR) of continuing medicaid eligibility pursuant to rule 5160:1-2-01 of the Administrative Code.

(b) Provide notification of the date Title XIX medical coverage is to be terminated to the responsible Title XIX medical authority in the state in which the KGAP eligible child resides.

(E) For a child with an out-of-state KGAP agreement in effect who moves to or resides in Ohio, the following is to apply:

(1) The child is automatically eligible for Title XIX medical coverage provided by Ohio.

(2) ODJFS ICAMA administrator is to take the following actions to activate Title XIX medical coverage:

(a) Verify the following information is included on the ICAMA form 7.01 received from the responsible Title XIX authority and the national ICAMA database:

(i) The child's name, social security number, date of birth, and address.

(ii) The name of kinship caregiver(s).

(iii) The address where the medical card should be sent.

(iv) A copy of the sending state's KGAP agreement.

(v) The name, address, and telephone number of a contact person in the state with KGAP case management responsibility.

(vi) The termination date of Title XIX medical coverage in the state with KGAP case management responsibility or the state where the child moved.

(vii) Any additional information regarding other health insurance coverage the child may have, including third-party liability.

(b) Enter into Ohio SACWIS the Ohio medicaid effective date and an "active" status on the ICAMA record.

(c) Complete the ODM 06612 "Health Insurance Information Sheet" if there is information that the child is covered by a private health insurance plan.

(3) ODJFS is to maintain a separate case record for each KGAP eligible child who resides in Ohio. The case record is to contain all of the information required in paragraph (D) of this rule for all children with KGAP agreements in effect who move to or reside in Ohio.

Last updated January 3, 2023 at 9:08 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-12 | Reimbursement of Title IV-E nonrecurring kinship guardianship assistance program (KGAP) expenses.

• Effective: January 22, 2024
• Promulgated Under: 119.03

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

(1) "Nonrecurring KGAP expenses" are reasonable and necessary legal custody/guardianship fees, court costs, attorney fees, and in accordance with paragraph (A)(2) of this rule, other expenses directly related to the court issuing an order granting legal custody/guardianship of a child. These expenses cannot be incurred in violation of state or federal law and cannot be reimbursed from other sources or funds.

(2) "Nonrecurring other expenses directly related to the legal custody/guardianship of a child" as specified in paragraph (A)(1) of this rule refers to the costs of the court issuing an order granting legal custody/guardianship incurred by or on behalf of the kinship caregiver(s) and for which the kinship caregiver(s) carries the ultimate liability for payment. These are the total cost of nonrecurring expenses associated with obtaining legal custody guardianship of the child.

(B) Ohio department of job and family services (ODJFS) is to notify anyone inquiring about legal custody/guardianship services through the agency of the availability of funds for the reimbursement of nonrecurring KGAP expenses and the application process.

(C) ODJFS is to enter into an agreement with the kinship caregiver(s) of a child for the payment of nonrecurring KGAP expenses for which the kinship caregiver(s) has not otherwise been reimbursed, not to exceed two thousand dollars for each child.

(D) ODJFS is to inform a kinship caregiver(s) who inquires about legal custody/guardianship services through the agency that the JFS 00134 "Application for Reimbursement of Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses" is to be submitted to ODJFS and approved prior to the court issuing an order granting legal custody/guardianship or disruption prior to the court issuing an order granting legal custody/guardianship, if applicable. The JFS 00134 cannot be considered for approval retroactively.

(E) The kinship caregiver(s) and ODJFS are to sign the JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement," prior to the court issuing an order granting legal custody/guardianship or disruption prior to the court issuing an order granting legal custody/guardianship, if applicable. The JFS 00135 cannot be entered into after the court has issued an order granting legal custody/guardianship.

(F) ODJFS is not to consider the race, color, religion, sex, age, disability, or national origin of a kinship caregiver(s) or of the child, when entering into a JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement."

(G) If siblings are placed with the KGAP eligible child, either separately or together, each child is to be treated as an individual. A separate JFS 00134 "Application for Reimbursement of Nonrecurring Kinship Guardianship Assistance Program (KGAP) Expenses" and JFS 00135 "Agreement for Payment or Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship Placement" is to be executed for each child.

(H) ODJFS is not to apply an income eligibility requirement (means test) to the kinship caregiver(s) in determining whether payment or reimbursement for nonrecurring KGAP expenses are to be made.

(I) The kinship caregiver(s) is to submit to ODJFS a request for payment or reimbursement and proof of the expenditures for nonrecurring expenses incurred during the legal custody/guardianship process within one year of the court issuing an order granting legal custody/guardianship or disruption prior to the court issuing an order granting legal custody/guardianship, if applicable.

(J) For each JFS 00135 executed, ODJFS is to maintain documentation in the child's case record to verify compliance with this rule.

(K) The state hearing policies and procedures contained in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code apply to individuals applying for benefits under this rule.

Last updated January 22, 2024 at 9:26 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16, 5101.1416
Five Year Review Date: 1/1/2028
Prior Effective Dates: 1/1/2023

Rule 5101:2-46-13 | Title IV-E kinship guardianship assistance program (KGAP) intercounty and interstate case management responsibility.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) KGAP intercounty and interstate case management changes will be handled by Ohio department of job and family services (ODJFS).

(B) The JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" remains in effect even though the kinship caregiver(s) and the child move to another county or state. The responsibility for management of the KGAP case remains with ODJFS.

(C) If the kinship caregiver(s) and the child for whom an Ohio executed JFS 00133 is in effect reside in or move to another state, the child is to be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the child resides. If any of the Title XX services specified in the KGAP agreement are not available in the state where the child resides or has moved, ODJFS will be responsible for securing those services.

(D) If the kinship caregiver(s) and the child for whom a JFS 00133 is in effect reside in or move to another Ohio county, the child is to be provided with Title XX services, as specified in the JFS 00133 by the county where the child resides. If any of the Title XX services specified in the KGAP agreement are not available in the Title XX plan in the county where the child resides or has moved. ODJFS will be responsible for securing those services from the public children services agency (PCSA) that held custody of the child.

(E) Nothing will keep the kinship caregiver(s) of a child for whom a KGAP agreement is in effect from seeking Title XX services available in the Title XX social service plan in the county of residence, even if the services are not already specified in the KGAP agreement. The kinship caregiver(s) may:

(1) Apply for the Title XX services in the county where the kinship caregiver(s) resides.

(2) Seek to amend the child's JFS 00133.

(F) ODJFS will assist the kinship caregiver(s) in completing the JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Annual Assurance of Legal Responsibility, School Attendance and Eligibility for Continued Medicaid Coverage" and/or the JFS 00133.

(G) In the event that the kinship caregiver(s) and the child move out of state, ODJFS is to comply with any interstate compact on kinship and medical assistance (ICAMA) requirements pursuant to rule 5101:2-46-11 of the Administrative Code.

Last updated January 3, 2023 at 9:09 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028

Rule 5101:2-46-14 | Requirements for Title IV-E kinship guardianship assistance program (KGAP) past age eighteen.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(A) KGAP is available for an eligible child whose kinship caregiver(s) entered into an initial KGAP agreement prior to the child's eighteenth birthday through the end of the month of the child's eighteenth birthday.

(B) KGAP is available for a child with a physical/mental disability or medical condition who is between the age of eighteen and twenty-one with an existing KGAP agreement if the child meets one of the requirements identified in paragraphs (B)(1) to (B)(5) of this rule and the kinship caregiver(s) is supporting the child as identified in paragraph (D) of rule 5101:2-46-06 of the Administrative Code. The ongoing medical treatment of the physical/mental disability or medical condition is to be verified annually for continued eligibility by a culturally competent qualified professional in the professional's scope of practice. The child is considered to have a physical/mental disability or medical condition if any of the following apply:

(1) A designated social security administration claims representative has determined that the child meets the disability criteria and is therefore eligible for one of the following:

(a) Title XVI supplemental security income (SSI) benefits.

(b) Social security disability benefits.

(c) Social security benefits due to the death or disability of the biological parent(s).

(2) The child has been diagnosed by a culturally competent "qualified professional" in the professional's scope of practice who is not responsible for providing casework services to the child to have a physical/mental disability or medical condition.

(a) For the purpose of this rule, a "qualified professional" is an individual who is one of the following: an audiologist, orthopedist, physician, certified nurse practitioner, physician assistant, psychiatrist, psychologist, school psychologist, licensed marriage and family therapist, speech and language pathologist, a licensed independent social worker, licensed professional clinical counselor, a licensed social worker who is under the direct supervision of a licensed independent social worker or a licensed professional counselor who is under the direct supervision of a licensed professional clinical counselor.

(i) The kinship caregiver(s) is to provide Ohio department of job and family services (ODJFS) with a clear written statement from a qualified professional that the child is substantially limited in one or more major life activities, including self-care and the overall capacity for self-sufficiency/meeting the ordinary demands of life. This statement is to include an opinion as to the origin of the problem, past history, prognosis, and recommendations related to potential treatment needs. The child's documented disability is the direct result of one of the following:

(a) A developmental disability, as defined in 28 C.F.R. 35.108 [August 11, 2016] and section 5123.01 of the Revised Code.

(b) A medical condition causing permanent distress, pain, dysfunction, or social problems diagnosed by a qualified professional that results in ongoing medical treatment. The medical condition is to be diagnosed prior to legal custody/guardianship or can be attributable to factors or conditions in the child's or birth family's history that existed prior to legal custody/guardianship.

(c) Mental illness, as defined in section 5122.01 of the Revised Code.

(3) The child is participating in one of the following rehabilitation programs or a program equivalent in the state where the child resides:

(a) Vocational rehabilitation, as evidenced by the implementation of an individual plan of employment (IPE), administered by the bureau of vocational rehabilitation through opportunities for Ohioans with disabilities.

(b) Services for the visually impaired, as evidenced by the implementation of an IPE, administered by the bureau of services for the visually impaired through the opportunities for Ohioans with disabilities.

(4) The child is in the process of obtaining a secondary education and meets the eligibility criteria for a child with a disability receiving special education and related services from the Ohio department of education (ODE), local education agency or school district or a program equivalent in the state where the child resides. The kinship caregiver(s) is responsible for providing official documentation from the school that the child is attending and participating in special education services.

(5) The child is eligible for services administered through the department of developmental disabilities (DODD), as evidenced by the implementation of an individual service plan (ISP).

(C) A clear statement documenting the child's physical/mental disability or medical condition is to be accompanied by an assessment, evaluation, or update within the last twelve months from the qualified professional including an opinion as to the prognosis and recommendations for future treatment needs.

(D) If the kinship caregiver(s) requests to continue the KGAP payment beyond age eighteen due to any of the requirements identified in paragraph (B) of this rule, ODJFS is to do one of the following:

(1) Amend the KGAP agreement to begin the KGAP monthly payment based on the date of eligibility for any of the programs identified in paragraph (B)(1) of this rule.

(2) Notify the kinship caregiver(s) of the intent to amend the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" to a KGAP agreement with no payment pending the approval of any program outlined in paragraph (B) of this rule and provide the kinship caregiver(s) with notification of state hearing rights.

(3) Notify the kinship caregiver(s) of the intent to terminate the KGAP agreement, at age eighteen, if eligibility is denied based on any of the requirements identified in paragraph (B) of this rule.

(a) If the kinship caregiver(s) requested a state hearing within fifteen days of the date the termination notice was issued then ODJFS continues the KGAP until the hearing decision has been rendered.

(b) If the kinship caregiver(s) has not requested a state hearing within fifteen days of the date the termination notice was issued, ODJFS:

(i) Terminates the KGAP agreement.

(ii) Completes the ODM 01958 "Referral for Medicaid Continuing Eligibility Review" and submit it to the county department of job and family services (CDJFS) located in the county where the kinship caregiver(s) resides, in compliance with the medical pre-termination review.

(iii) ODJFS will notify medicaid to terminates the Title XIX medical coverage.

(E) It is the responsibility of the kinship caregiver(s) to provide ODJFS with documentation that application has been made for any services the child needs in paragraph (B) of this rule.

(F) ODJFS is to advise the kinship caregiver(s) of all necessary documentation that is to be submitted to continue a KGAP agreement.

(G) For cases in which the year and month the child was born can be established, but not the exact day, the first of the month is used as the child's birth date.

Last updated January 3, 2023 at 9:09 AM

Supplemental Information

Authorized By: 5153.163, 5101.1417
Amplifies: 5153.163, 5153.16
Five Year Review Date: 1/1/2028