This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 5101:2-49-01 | Administration of the Title IV-E adoption assistance (AA) program.
Effective:
October 15, 2024
(A) The public children services agency
(PCSA) is to be responsible for the administration of the AA program.
Administrative expenditures can be claimed for reimbursement only if AA is a
direct responsibility of the PCSA. The PCSA is to be responsible
for: (1) Ensuring the proper
administration of funds, allocated or reimbursed. (2) Determining initial
and continuing eligibility for AA program services. (3) Maintaining a
separate AA case record for each program eligible child for whom a PCSA has
entered into an AA agreement. (4) Service planning and
increasing the opportunities for adoption of children with special needs who
are free for adoption by: (a) Encouraging and increasing the opportunities for adoption of
children with special needs who are free for adoption. (b) Ensuring that all possibilities for an adoptive home without
the assistance of AA are explored. (c) AA case management. (d) Pre-finalization and the provision or referral for
post-finalization adoption services. (B) Prior to finalization of the adoption, the PCSA is to provide
and assist the adoptive parent(s) of a child placed by that PCSA and eligible
for AA with a JFS 01451 "Title IV-E Adoption Assistance Application"
and the JFS 04059 "Explanation of State Hearing Procedures."
(1) Although the adoptive
parent(s) may have declined an adoption subsidy during the completion of a JFS
01667 "Adoption Information Disclosure," the Title IV-E agency is to
assist the adoptive parent(s) with the completion of the JFS
01451. (2) A completed and
signed application is to be on file in the child's AA case record in
accordance with rule 5101:2-49-17 of the Administrative Code. (C) The adoptive parent(s) may apply for AA only after both of
the following have occurred. (1) The homestudy has
been approved in accordance with rules 5101:2-48-11, 5101:2-48-11.1,
5101:2-48-12, and 5101:2-48-12.1 of the Administrative Code. (2) A child has been
matched with an adoptive parent(s) in accordance with rule 5101:2-48-16 of the
Administrative Code by an agency with such authority. If the child is placed
for adoption in Ohio from another state, the Ohio agency is to use the other
state's documentation to meet the matching requirements. (D) A stepparent may apply for AA only if a biological parent(s)
is not present in the home due to death or divorce or has failed to visit or
maintain contact with the child for more than ninety days pursuant to section
2151.011 of the Revised Code. (E) Prior to the finalization of adoption, the adoptive parent(s)
is to submit the AA application to one of the following, as
appropriate: (1) The PCSA holding
permanent custody of the child. (2) The PCSA located in
the county in which the adoptive parent(s) resides when one of the following
applies: (a) The child meets the eligibility requirements for Title XVI
supplemental security income (SSI) benefits and the child is not in the custody
of a PCSA. (b) The child is placed by a private child placing agency (PCPA)
having permanent custody of the child. (c) The child is placed for adoption in Ohio from another state
and that state's PCSA does not have responsibility for placement and
care/custody of the child. (3) For a child who is
placed for adoption from Ohio into another state and the child is not in the
permanent custody of an Ohio PCSA, the adoptive parent(s) is to apply at the
Title IV-E agency in the state the adoptive parent(s) resides. The Title IV-E
agency in the adoptive parent's state of residence is to be responsible
for determining the child's eligibility for AA, and if the child is
eligible, entering into the AA agreement, and issuing the AA
payment. (F) If an Ohio PCPA holds permanent custody of a child as a
result of a JFS 01666 "Permanent Surrender of Child," the following
requirements are to be met: (1) Prior to finalization
of the adoption, the PCPA is to ensure that the adoptive parent(s) receives
information about AA and an AA application, including when the adoptive
parent(s) declines AA. (2) At the time of
application by the adoptive parent(s), the PCPA is to provide the PCSA with the
following: (a) A copy of the JFS 01616 "Social and Medical
History" completed on the child for whom the subsidy is being
requested. (b) A copy of one of the following homestudies: (i) JFS 01673
"Assessment for Child Placement (homestudy)." (ii) A copy of the JFS
01692 "Application for Adoption of a Foster Child or Sibling Group."
(iii) The out of state
approved homestudy forms for an adoptive parent(s) residing out of
state. (c) A copy of the JFS 01666 "Permanent Surrender of
Child." (G) The PCSA is to complete the AA eligibility determination in
Ohio comprehensive child welfare information system (Ohio CCWIS) and approve or
deny the application within thirty days after a completed application and all
needed documentation is provided to the PCSA. (H) The PCSA may obtain written verification and information to
assist in determining AA eligibility from a variety of sources
including: (1) The social security
administration. (2) The agency that has held permanent
custody of the child and placed the child for adoption. (3) The court records. (4) The adoptive parent(s). (I) The PCSA is to request verification from the adoptive
parent(s) and have the adoptive parent(s) complete the ODM 06612 "Health
Insurance Information Sheet" at any time the adoptive parent(s) acquires
health care insurance coverage for the child. (J) In accordance with federal requirements, the PCSA is not to
add any language to the AA agreement that makes the agreement subject to the
availability of funds.
Last updated October 15, 2024 at 11:17 AM
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Rule 5101:2-49-02 | Title IV-E adoption assistance (AA) eligibility criteria.
(A) The public children services agency
(PCSA) is to determine a child is eligible for AA if, prior to the finalization
of the adoption, the PCSA finds all of the following: (1) The adoptive parent(s) has an
approved homestudy in accordance with rules in Chapter 5101:2-48 of the
Administrative Code. If the adoptive parent(s) resides in another state, then
the adoptive homestudy is to be valid in the adoptive state of
residence. (2) The child has been matched with an
adoptive parent(s) in accordance with rule 5101:2-48-16 of the Administrative
Code. If the child is placed for adoption in Ohio from another state, the Ohio
agency is to use the other state's documentation to meet the matching
requirements except as specified in paragraph (C) of this rule. (3) The child meets the requirements of a
child with special needs as described in rule 5101:2-49-03 of the
Administrative Code. (4) The child meets the age requirement
as described in rule 5101:2-49-04 of the Administrative Code. (5) The child is a citizen or legal
resident of the United States and will be adopted in the United
States. (6) The agency placing the child made a
reasonable but unsuccessful effort to place the child with an appropriate
adoptive parent(s) without adoption assistance, as supported by facts specified
in the child's case record as described in paragraph (A)(3) of rule
5101:2-49-03 of the Administrative Code. (B) The child is to also meet one of the
four adoption assistance eligibility requirements: (1) The child, at the
time of the initiation of adoption proceedings, was in the care of a PCSA, PCPA
or tribe pursuant to: (a) A judicial determination to the effect that it was contrary
to the child's welfare to remain in the home; or (b) A JFS 01645 "Agreement for Temporary Custody of
Child" or JFS 01666 "Permanent Surrender of Child." For any
child that enters care through a JFS 01645 or JFS 01666 there does not have to
be a foster care maintenance (FCM) payment made under the voluntary
agreement. (2) The child meets all
medical and disability requirements for supplemental security income (SSI). For
the purposes of determining whether an applicable child is eligible for AA
through the SSI criteria, the Title IV-E agency may make the determination that
the child meets the medical or disability requirements for SSI
benefits. (3) The child is a child
of a minor parent. The child was residing with the minor parent and the minor
parent was removed from a specified relative with one of the
following: (a) A judicial determination that it was contrary to the welfare
for the minor parent to remain with the specified relative; or (b) A JFS 01645 or JFS 01666. No FCM payment is needed to cover
both the minor parent and the child of the minor parent. (4) The child was in
receipt of AA in a prior finalized adoption, currently meets the definition of
special needs as set forth in rule 5101:2-49-03 of the Administrative Code, and
finalizes the new AA agreement by the end of the month of the child's
eighteenth birthday pursuant to rule 5101:2-49-04 of the Administrative
Code. (C) A child in an independent adoption is
eligible for AA, only if the child meets the requirements of a child with
special needs as described in rule 5101:2-49-03 of the Administrative Code, and
the child is eligible for SSI, or is a child in a subsequent adoption if the
child received AA in a prior finalized adoption. (D) For all children that are deemed
eligible for AA, the Title IV-E agency is responsible for ensuring that
background checks be conducted prior to adoption finalization and/or the
issuance of a monthly AA payment. The background checks are to reveal that the
prospective adoptive parent(s) has not been convicted of any of the prohibited
offenses in accordance with rules 5101:2-48-10 and 5101:2-48-11 of the
Administrative Code. (E) The PCSA is to use the Ohio statewide
automated child welfare information system (SACWIS) to determine adoption
assistance eligibility. (F) A child from an international
adoption, that is not currently in the custody of a PCSA or PCPA or tribe, is
not eligible for AA.
Last updated July 2, 2024 at 10:40 AM
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Rule 5101:2-49-03 | Special needs criteria for Title IV-E adoption assistance (AA).
Effective:
October 1, 2024
(A) Prior to the finalization of
adoption, the public children services agency (PCSA) is to determine that all
of the following special needs criteria have been met and documented in the
Ohio comprehensive child welfare information system (Ohio CCWIS) under the
child's characteristics and in the child's adoption assistance (AA)
case record in order for the child to be considered a child with special
needs. (1) The child cannot or
should not be returned to their parent(s) and is legally available for adoption
by being in the permanent custody of a PCSA, private child placing agency
(PCPA) or a child that meets the special needs criteria who is the subject of
an independent adoption pursuant to rule 5101:2-49-02 of the Administrative
Code. (2) The PCSA has
determined that the child has one or more of the following special need factors
or conditions making it difficult to place the child with an adoptive parent(s)
without the provision of AA or medical assistance: (a) The child is part of a sibling group being adopted together
or is placed in the same adoptive placement of a sibling previously
adopted. (b) The child is a member of a minority, racial or ethnic group,
religion or cultural heritage making it difficult to place the child for
adoption. However, if the child is between the age of newborn and twelve months
the child is to be also diagnosed to have one of the conditions outlined in
paragraph (A)(2)(g) or (A)(2)(h) of this rule. The child's demographic
information is to be documented in the Ohio CCWIS under the child's person
profile section. (c) The child is six years old or older. (d) The child has remained in the permanent custody of a PCSA or
PCPA for more than one year before an adoptive placement. (e) The child has been in the home of the prospective adoptive
parent(s) for at least six consecutive months directly preceding the adoptive
placement and the child would experience severe separation and loss if placed
in another setting due to significant ties with the prospective adoptive
parent(s). The emotional ties are to be assessed and documented by a culturally
competent qualified professional as defined in rule 5101:2-1-01 of the
Administrative Code. (f) The child has experienced a previous adoption disruption or
three or more substitute care placements while in the custody of a PCSA or
PCPA. (g) 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. (i) For the purpose of
this rule, a "qualified professional" is an individual that is, but
not limited to 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. (ii) The qualified
professional is to provide a clear written statement of the services provided
with regards to the child's diagnosis within the last twelve months. This
statement is to include an opinion as to the origin of the problem, past
history, prognosis, and recommendations related to potential treatment needs
and diagnosed with 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) An individual who has
a physical or mental impairment that substantially limits one or more of the
major life activities. (c) Any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss affecting one
or more body systems, such as: neurological, musculoskeletal, special sense
organs, respiratory (including speech organs), cardiovascular, reproductive,
digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and
endocrine. (d) Any mental or
psychological disorder such as intellectual disability, organic brain syndrome,
emotional or mental illness, and specific learning disability. (e) Physical or mental
impairment includes, but is not limited to, contagious and noncontagious
diseases and conditions such as the following: orthopedic, visual, speech and
hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional
illness, dyslexia and other specific learning disabilities, attention deficit
hyperactivity disorder, human immunodeficiency virus. (i) For example, applying
these principles it should easily be concluded that the types of impairments
set forth in paragraphs (A)(2)(g)(ii)(e)(i)(A) to (A)(2)(g)(ii)(e)(i)(K) of
this rule will, at a minimum, substantially limit the major life activities
indicated. The types of impairments described in this paragraph may
substantially limit additional major life activities (including major bodily
functions) not explicitly listed in paragraphs (A)(2)(g)(ii)(e)(i)(A) to
(A)(2)(g)(ii)(e)(i)(K). (A) Deafness
substantially limits hearing; (B) Blindness
substantially limits seeing; (C) Intellectual
disability substantially limits brain function; (D) Partially or
completely missing limbs or mobility impairments requiring the use of a
wheelchair substantially limits musculoskeletal function; (E) Autism substantially
limits brain function; (F) Cancer substantially
limits normal cell growth; (G) Cerebral palsy
substantially limits brain function; (H) Diabetes
substantially limits endocrine function; (I) Epilepsy, muscular
dystrophy, and multiple sclerosis each substantially limits neurological
function; (J) Human
immunodeficiency virus (HIV) infection substantially limits immune function;
and (K) Major depressive
disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain
injury, obsessive compulsive disorder, and schizophrenia each substantially
limits brain function. (f) A medical condition
causing distress, pain, dysfunction, social problems as diagnosed by a
qualified professional that results in ongoing medical treatment. (h) The child or the child's biological family has a social
or medical history establishing a substantial risk for developing one of the
conditions as described in paragraph (A)(2)(g) of this rule. The substantial
risk makes it difficult to place the child for adoption without the provision
of AA. A qualified professional is to determine the substantial risk, as
defined in paragraph (B) of this rule. A child is not at substantial risk if
the child's biological parent(s) social and medical history cannot be
determined. (3) Reasonable, but
unsuccessful, efforts to place the child without AA are to be met by one of the
following: (a) Except as described in paragraph (A)(3)(b) of this rule, the
PCSA is to document that in each case a reasonable, but unsuccessful, effort
was made to place the child with appropriate adoptive parent(s) without AA.
(b) The placement with a particular adoptive parent(s) was in the
best interest of the child because of such factors as: (i) The existence of
emotional ties with the prospective adoptive parent(s) while the child was in
the care of the foster parent(s) as a foster child. (ii) The prospective
adoptive parent(s) is a relative. (iii) The child is being
adopted by an adoptive parent(s) of the child's sibling(s). (iv) There are other
circumstances that relate to the child's best interest. (B) If all other eligibility criteria are
met, and the only special needs factor is the child has been determined to be
at substantial risk, with no manifestation of a special needs factor or
condition, a JFS 01453 "Title IV-E Adoption Assistance Agreement"
with no payment is to be entered into in accordance with rule 5101:2-49-07 of
the Administrative Code. The PCSA is to document the following in the
child's AA case record: (1) The substantial risk
as diagnosed by a qualified professional at the time of the special needs
determination. A "substantial risk" means a strong probability that a
certain result may occur or that certain circumstances may exist. (2) A qualified
professional in the field of their expertise has provided the PCSA with a
current written statement of the child's substantial risks of
developmental disability, developmental delay, mental illness, or medical
condition causing distress, pain, dysfunction, or social problems, supported by
an assessment or evaluation. This statement is to include an opinion as to the
origin of the problem, past history, prognosis, and recommendations related to
potential treatment needs as described in paragraph (A)(2)(g) of this
rule.
Last updated October 1, 2024 at 9:02 AM
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Rule 5101:2-49-04 | Requirement for Title IV-E adoption assistance (AA) past age eighteen.
Effective:
October 1, 2024
(A) AA is available for an eligible child
whose adoptive parent(s) enter into an initial AA agreement prior to the
child's eighteenth birthday through the end of the month of the
child's eighteenth birthday. (B) AA is available for a child with a
physical/mental disability or medical condition pursuant to rule 5101:2-49-03
of the Administrative Code who is between the age of eighteen and twenty-one
with an existing AA agreement, entered into prior to the age of eighteen, if
the child meets one of the criteria identified in paragraphs (B)(1) to (B)(5)
of this rule and the adoptive parent(s) is supporting the child as identified
in paragraph (F) of rule 5101:2-49-10 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, as defined in rule 5101:2-1-01 of the Administrative
Code, 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
applies: (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 or adoptive parent(s). (2) The child has been
diagnosed by a culturally competent, "qualified professional" in the
professional's area of expertise 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 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 qualified
professional is to provide a clear written statement 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 adoption or can be attributable to
factors or conditions in the child's or birth family's history that
existed prior to adoption. (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 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
adoptive parent(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 written 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 adoptive parent(s) requests to
continue the AA payment beyond age eighteen due to any of the criteria
identified in paragraph (B) of this rule, the PCSA is to do one of the
following: (1) Amend the AA
agreement to begin the AA monthly payment based on the date of eligibility for
any of the programs identified in paragraph (B) of this rule. (2) Through mutual
agreement between the PCSA and adoptive parent(s) to amend the JFS 01453
"Title IV-E Adoption Assistance Agreement" to an AA agreement with no
payment pending the approval of any program outlined in paragraph (B) of this
rule, notify the adoptive parent(s) and provide the adoptive parent(s) with
notification of state hearing rights. (3) Notify the adoptive
parent(s) of the intent to terminate the AA agreement, at age eighteen, if
eligibility is denied based on any of the criteria identified in paragraph (B)
of this rule. (a) If the adoptive parent(s) requested a state hearing
within fifteen days of the date the termination notice was issued then the PCSA
continues the AA until the hearing decision has been rendered. (b) If the adoptive parent(s) has not requested a state
hearing within fifteen days of the date the termination notice was issued, the
PCSA: (i) Terminates the AA
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 adoptive parent(s) resides, in compliance with the
medical pre-termination review. (iii) Terminates the
Title XIX medical coverage. (E) It is the responsibility of the
adoptive parent(s) to provide the PCSA with documentation that application has
been made for any services the child needs in paragraph (B) of this
rule. (F) The PCSA advises the adoptive
parent(s) of all necessary documentation that is to be submitted to continue an
AA 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 October 1, 2024 at 9:20 AM
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Rule 5101:2-49-05 | Initial determination of the Title IV-E adoption assistance (AA) monthly payment amount.
Effective:
September 1, 2019
(A) The monthly amount of the AA payment
is determined by negotiation and mutual agreement between the adoptive
parent(s) and the public children services agency (PCSA). (B) The PCSA shall not consider the race,
color, or national origin of an adoptive parent(s) or of the child for whom a
family has indicated an interest in adopting, when negotiating the AA
agreement. (C) The PCSA shall consider viability of
other relevant resources from local, state and federal program services that
are available and pertinent to the child's special needs and prospective
adoptive parent(s) needs when determining the payment amount. (D) No income eligibility test shall be
used when determining the monthly AA payment. The monthly AA payment amount
should combine with the adoptive parent(s) resources and circumstances as
provisionally required by the adoptive homestudy and shall provide for the
special and foreseeable future needs of the child. When changes occur to the
special needs and circumstances of the child and family, those needs shall be
addressed or reviewed pursuant to rule 5101:2-49-12 of the Administrative Code.
The child's supplemental security income (SSI) benefits shall be
considered along with the adoptive parent(s) resources in the negotiation and
determination of the AA payment amount. The special needs of the child shall be
based upon rule 5101:2-49-03 of the Administrative Code. (E) The maximum amount of the monthly AA
payment shall not exceed the current cost of the monthly foster care
maintenance (FCM) payment that was paid or would have been paid by the PCSA if
the child had been placed in a foster home. (F) If the child's AA amount is more than the monthly
adoption assistance statewide maximum (MAASM), the PCSA may request from the
Ohio department of job and family services (ODJFS) a waiver to exceed the MAASM
AA payment amount when the PCSA determines it is in the best interest of the
child. The AA payment shall not exceed the FCM amount that was paid or would
have been paid if the child was placed in a foster home. The PCSA shall
complete a waiver request in the statewide automated child welfare information
system (SACWIS). (G) Notification of the approval or
denial of the MAASM waiver request shall be made within ten business days upon
receipt of the waiver request. The approval or denial of a waiver is a final
determination and does not grant the PCSA state hearing rights under section
5101.35 of the Revised Code or Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code. (H) Any amount paid for an AA subsidy
that exceeds the FCM amount the child would receive if he/she were currently in
a foster home shall be paid by the county. (I) Any monthly AA payment amount in excess of the
statewide maximum, prior to July 1, 2014, shall remain in effect and shall
continue to receive federal financial participation (FFP) up to the current FCM
payment for a child in the same level of care. (J) If the child receives SSI benefits, the child may
receive AA and SSI concurrently. If there is concurrent receipt of payments
from both programs, the social security administration will decrease the
monthly SSI benefit by the monthly AA payment amount. (K) If the PCSA and the adoptive parent(s) cannot mutually
agree on the monthly AA payment amount after thirty calendar days from the
initial negotiation meeting, the adoptive parent(s) or the PCSA may request
with the agreement of the other party a state mediation conference using the
JFS 01470 "Title IV-E Adoption Assistance State Mediation Conference
Request" (rev. 7/2019) to develop a mutually acceptable level of monthly
AA payment amount. The JFS 01470 shall be sent to the ODJFS state hearings
department. (1) The state mediation
conference shall be held within thirty business days from the receipt of the
request. (2) If the state
mediation conference is successful and results in a mutually acceptable monthly
AA payment amount, it is considered a final decision between both
parties. (3) If the PCSA and the adoptive
parent(s) cannot mutually agree on a monthly AA payment amount at the state
mediation conference, the adoptive parent(s) may request a state hearing in
accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code. (L) If the PCSA and the adoptive
parent(s) do not agree to a mediation conference after sixty-days from the
initial negotiation meeting, the PCSA shall notify the adoptive parent(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. (M) The PCSA shall document the following in the statewide
automated child welfare information system (SACWIS): (1) Initial agreed upon
monthly AA payment amount. (2) If applicable, the
outcome of the state mediation conference, state hearing and administrative
appeal.
Last updated November 12, 2024 at 9:06 AM
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Rule 5101:2-49-06 | Title IV-E adoption assistance (AA) agreement and duration: provision for financial support and services.
(A) The adoptive parent(s) and the public children services agency (PCSA) is to review and sign the JFS 01453 "Title IV-E Adoption Assistance Agreement" prior to the adoption finalization. The PCSA responsible for determining eligibility for AA is also responsible for entering into the JFS 01453. (B) The agreement is to list the payments to be provided and the terms under which such benefits will continue to be available. The AA agreement is binding, but the payments may be amended at any time in response to a request made either by the adoptive parent(s) or the PCSA if the adoptive parent(s) and the PCSA agree to the change. (C) Beginning July 1, 2019, the AA agreement is to be effective on the date specified on the JFS 01453. The agreement is to be signed, dated and in effect prior to the final order of adoption when it is signed by both the adoptive parent(s) and the PCSA. The AA payments and services is to not begin prior to the effective date. AA agreements in effect, prior to July 1, 2019, are considered effective on the date signed by the adoptive parent(s) and the PCSA. (D) The AA agreement is to remain in effect regardless of the state where the adoptive parent(s) resides unless the agreement is terminated pursuant to rule 5101:2-49-13 of the Administrative Code. (E) The terms of the AA agreement may be amended at any time if both parties agree to the change in accordance with rule 5101:2-49-12 of the Administrative Code. (F) The PCSA is not to have a general policy limiting AA prior to the child's eighteenth birthday. (G) The PCSA is to give a copy of the signed agreement and all amendments to the adoptive parent(s) and keep in the AA case record. (H) The PCSA that entered into the AA agreement 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 5101:2-49-23 of the Administrative Code. (I) Nothing is to prevent the adoptive family from seeking Title XX services available in the county of residence even if they are not already specified in the AA agreement. The adoptive parent(s) may: (1) Apply for the Title XX services in the county where they reside. (2) Seek to amend the child's AA agreement. (J) The adoptive parent(s) has the right to a state hearing under any of the following circumstances: (1) The PCSA denies eligibility for AA. (2) The PCSA denies the amount of payment requested by the adoptive parent(s) in the child's initial JFS 01453. (3) The PCSA and the adoptive parent(s) are unable to come to a mutual agreement following a state mediation conference. (4) The PCSA proposes to reduce, suspend, or terminate the amount of AA payment specified on the current AA agreement. (5) The PCSA denies a request by the adoptive parent(s) to amend the terms of the current AA agreement. (K) The PCSA is to provide written notification to the adoptive parent(s) when any of the following occur: (1) A determination to deny AA eligibility. (2) A denial for a request to increase the amount of the monthly AA payment. (3) The PCSA and the adoptive parent(s) are unable to come to a mutual agreement following a state mediation conference. (4) A reduction, suspension, or termination of the monthly AA payment. (L) The PCSA is to inform the adoptive parent(s) of all decisions to deny or approve AA with a copy of the JFS 04059 "Explanation of State Hearing Procedures" .
Last updated July 1, 2024 at 12:09 AM
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Rule 5101:2-49-07 | Initial Title IV-E adoption assistance (AA) agreement only with no payment.
(A) The public children services agency
(PCSA) is to enter into a JFS 01453 "Title IV-E Adoption Assistance
Agreement" without an AA payment if any of the following
apply: (1) The adoptive
parent(s) and the PCSA, after considering the needs of the child and the
circumstances of the adoptive family, agree that the adoptive family does not
currently need an AA payment to incorporate the child into
household. (2) The child or the
child's biological family has a social or medical history that establishes
a substantial risk of acquiring conditions, as identified in rule 5101:2-49-03
of the Administrative Code. (B) An AA agreement with no payment is to
include the following provisions: (1) The child is eligible
for AA, but there is no monthly payment in effect because of the determination
set forth in paragraph (A) of this rule. (2) The adoptive
parent(s) may request amendment of the AA agreement to include AA payments if
the child develops a condition, and the condition is diagnosed by a qualified
professional, as identified in rule 5101:2-49-03 of the Administrative
Code. (3) Title XX (social services block
grant) and post adoption services are to be provided or secured in addition to
Title XIX (medicaid) coverage for a child that has an AA agreement with no
payment. (4) All of the remaining conditions of
the JFS 01453 as set forth in rule 5101:2-49-10 of the Administrative Code
apply including reimbursement of nonrecurring adoption expenses, categorical
eligibility for Title XIX medical assistance and Title XX social services and
the right of appeal through a state hearing.
Last updated July 2, 2024 at 10:40 AM
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Rule 5101:2-49-08 | Title IV-E adoption assistance (AA) monthly payments.
(A) AA monthly payments is to begin when
there is a mutually agreed upon AA agreement and all of the following have been
completed: (1) The responsible
public children services agency (PCSA) determines that the child meets all of
the eligibility requirements for AA as defined in rule 5101:2-49-02 of the
Administrative Code. (2) The child is placed
for adoption. (3) The JFS 01453
"Title IV-E Adoption Assistance Agreement" is completed and signed by
both the adoptive parent(s) and the PCSA. (B) If the PCSA and the adoptive parent(s) cannot agree on a
mutually acceptable monthly AA payment amount and the state mediation
conference or state hearing is being pursued, an interim AA payment amount may
be established in accordance with paragraphs (A)(1) to (A)(3) of this
rule. (C) Before the date on which the child is placed for adoption,
the PCSA is to inform the certified foster caregiver(s) who is receiving foster
care payments for the care of the child, of the option to continue the foster
care payments until the adoption is finalized. (D) The PCSA is to enter the AA 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
adoptive parent(s). (E) If an overpayment or an underpayment of an AA payment occurs,
the PCSA 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 adoptive parent(s) of an AA child does not receive a
payment they are entitled to. (b) The adoptive parent(s) of an AA child receives a payment less
than the amount they are entitled to. (2) An overpayment occurs
when an adoptive parent(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 an AA payment was made was not eligible
for such payment the month the payment was made. (F) The PCSA is responsible for reviewing payment records for AA
cases to determine if an overpayment has occurred. If an overpayment has
occurred, the PCSA is to: (1) Adjust the
overpayment in Ohio SACWIS within three business days of notification that an
overpayment has occurred. 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 written
notification to the adoptive parent(s) when an overpayment is found and
identify what action the PCSA proposes to take with regard to the
payment. (3) Send written
notification to the adoptive parent in accordance with the provisions set forth
in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code. (G) The PCSA is to take any adverse action regarding the
financial status of an AA case in accordance with the provisions set forth in
Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, and (1) AA is to continue
until a state hearing decision is issued if the state hearing is requested
within fifteen calendar days of the mailing date on the notice. (2) The PCSA is to
continue AA if the hearing decision is favorable to the adoptive
parent(s). (3) The adoptive parent
does not have to return AA 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 and the hearing decision is to terminate
or amend the monthly AA payment. (H) Documentation of the repayment for the overpayment and the
adjustment for the underpayment is to be retained in the AA case
record. (I) The PCSA is to refer all cases to the county prosecutor if
there is probable cause to believe the crime of fraud has been
committed.
Last updated July 2, 2024 at 10:41 AM
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Rule 5101:2-49-09 | Title IV-E adoption assistance (AA) post-finalization application.
Effective:
October 1, 2024
(A) The adoptive parent(s) of a child
with special needs may only apply one time, for AA after the adoption is
finalized if one of the following occurred: (1) The public children
services agency (PCSA) or private child placing agency (PCPA) knew relevant
facts regarding the child and did not present the facts to the adoptive
parent(s) prior to the finalization of adoption. (2) The PCSA or PCPA
failed to advise the adoptive parent(s) of the availability of AA.
(B) The adoptive parent(s) are to apply
for AA when the PCSA or PCPA has informed and shared with the adoptive family
AA subsidy information pursuant to rules 5101:2-48-05, 5101:2-48-11.1 and
5101:2-48-15 of the Administrative Code, including the JFS 01667 "Adoption
Information Disclosure" prior to a finalization of adoption. The PCSA or
PCPA is not obliged to inform an adoptive parent(s) if the adoptive parent(s)
are not known to the agency or the child with special needs is not in the
permanent custody of the PCSA or PCPA. (C) The eligibility will be determined
based on the child having a special need prior to finalization pursuant to rule
5101:2-49-03 of the Administrative Code that was in effect at the time of the
final adoption decree. (D) The following procedures are to be followed for AA
eligibility to be considered after an adoption has been finalized: (1) The adoptive
parent(s) is to submit a completed and signed JFS 01451 "Title IV-E
Adoption Assistance Application" to one of the following: (a) The PCSA that held permanent custody of the child prior to
the adoption. (b) The PCSA in the county where the adoptive parent(s) resides,
if one of the following applies: (i) A PCPA had permanent
custody of the child by court order or through the execution of a JFS 01666
"Permanent Surrender of Child" prior to the adoption. (ii) The social security
administration (SSA) determined the child eligible for the supplemental
security income (SSI) benefits prior to the finalization of the adoption and no
PCSA held permanent custody of the child. (iii) The child is a
child of a minor parent. The child was residing with the minor parent and a
judicial determination that it was contrary to the welfare/best interest for
the minor parent to remain with the specified relative. (iv) The child was in
receipt of AA in a prior finalized adoption, currently meets the definition of
special needs as set forth in rule 5101:2-49-03 of the Administrative Code and
finalizes the new AA agreement by the end of the month of the child's
eighteenth birthday pursuant to rule 5101:2-49-04 of the Administrative
Code. (v) The child is a
sibling placed in the same adoptive home as their sibling who meet the
applicable child eligibility criteria in rule 5101:2-49-02 of the
Administrative Code. (2) At the time the JFS
01451 is submitted, the adoptive parent(s) is to provide the PCSA with a copy
of the following: (a) The JFS 01616 "Social and Medical History."
(b) The JFS 01673A "Child Characteristics Checklist for
Foster Care and or Adoption." (c) The JFS 01673 "Assessment for Child Placement
(Homestudy)," or the JFS 01692 "Application for Adoption of a Foster
Child" completed prior to the adoption of the child. (E) If the PCSA determines that the child is eligible for
adoption assistance post-finalization, without a state hearing, the agency is
to process the application for adoption assistance, otherwise the PCSA is to
deny the JFS 01451 based on the application not being submitted prior to
finalization and provide the adoptive parent(s) with the
following: (1) The JFS 04059
"Explanation of State Hearing Procedures." (2) The JFS 07334
"Notice of Denial of your Application for Assistance." (F) Upon receipt of the PCSA's denial of the JFS
01451, the adoptive parent(s) may request a state hearing. (G) If a state hearing decision determines that one or more
of the circumstances set forth in paragraph (A) of this rule were present, the
PCSA is to determine eligibility for AA after finalization and negotiate a JFS
01453 with the adoptive parent(s). (H) If all of the conditions set forth in paragraphs (D)
and (E) of this rule are met, the effective date for current and future AA
payments is to be the date on which the current JFS 01453 is signed by the PCSA
and the adoptive parent(s). (I) A child in an independent adoption is
eligible for AA only if the child meets the requirements of a child with
special needs as described in rule 5101:2-49-03 of the Administrative Code and
the child is eligible for SSI or is a child in a subsequent adoption if the
child received AA in a prior finalized adoption.
Last updated October 1, 2024 at 9:21 AM
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Rule 5101:2-49-09.1 | Title IV-E adoption assistance (AA) retroactive payment process.
Effective:
October 1, 2024
(A) A child is eligible for retroactive adoption assistance (AA)
payment if any one of the following occur: (1) The public children
services agency (PCSA) and the adoptive parent(s) mutually agree that the child
is eligible for a retroactive adoption assistance payment after the adoption
finalization, or (2) A state hearing
decision or administrative appeal decision determines the child is eligible for
retroactive AA payment. (B) The agency and the adoptive parent(s) will engage in a
negotiation process based on the special needs of the child and the resources
and circumstances of the adoptive parent(s) to determine the amount of the
retroactive AA payment based on the following circumstances: (1) The retroactive AA
payment is to not exceed the foster care maintenance (FCM) payment for the
level of care that would have been paid by the PCSA if the child had been
placed in a family foster home. (2) The monthly amount of
AA is to be determined in the same manner as AA benefits negotiated prior to
the adoption finalization, until one calendar day prior to the effective date
of the current AA agreement. (3) The PCSA is to manage
the retroactive AA payment separately from any current or future AA payment
negotiated between the adoptive parent(s) and the agency. (4) The retroactive AA
payment is to be based on the total eligible months the child would have
received an AA payment had the child been determined eligible on the date
that: (a) The adoptive parent(s) submitted the JFS 01451 "Title
IV-E Adoption Assistance Application" to the PCSA; (b) The child was placed for adoption; or (c) The child's adoption was finalized. (C) If the agency and the adoptive parent(s) are unable to agree
on the retroactive AA payment the agency will follow the procedures outlined in
rule 5101:2-49-05 of the Administrative Code. (D) The PCSA is not to approve a retroactive AA payment for a
month in which a state adoption maintenance subsidy payment was
made. (E) The PCSA is to notify the adoptive parent(s) that retroactive
AA payments have been approved for the child using the JFS 01454 "Approval
and Agreement for Title IV-E Retroactive Adoption Assistance Payments."
(F) The JFS 01454 is to set forth the terms of the retroactive AA
payment. (G) The PCSA is to enter the applicable events in Ohio
comprehensive child welfare information system (Ohio CCWIS) to reflect dates
and monthly payment amounts covered by the period of the retroactive payment
approval. (H) The PCSA is to provide the adoptive parent(s) with a copy of
the completed JFS 01454. (I) The PCSA is to retain a copy of the state hearing decision,
administrative appeal decision or judicial determination rendered that
determined the child either met the eligibility for AA or ordered the PCSA to
reconsider eligibility for AA in the child's AA case record. The PCSA is
to also retain a copy of the JFS 01451 and the JFS 01453 "Title IV-E
Adoption Assistance Agreement" setting forth the provision for future AA
payments.
Last updated October 1, 2024 at 9:21 AM
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Rule 5101:2-49-10 | Title IV-E adoption assistance (AA) ongoing verification.
Effective:
October 1, 2024
(A) The public children services agency
(PCSA) responsible for the AA agreement is to provide the adoptive parent(s)
with the JFS 01451-B "Title IV-E Adoption Assistance annual assurance of
legal responsibility, school attendance and eligibility for continued medicaid
coverage" annually from the effective date of the agreement or whenever
there is a significant change in the family situation. (B) The PCSA is not to reduce, suspend,
amend, or terminate the adoption assistance solely because the adoptive
parent(s) fails to reply to the PCSA request for information or return the JFS
01451-B while the adoption assistance agreement is in effect. If an amendment
is requested, the PCSA is to complete the JFS 01452 "Notice of Adverse
Action for Title IV-E Adoption Assistance (AA)." (C) For a child who has attained the minimum age for
compulsory school attendance the PCSA is to assure that the child's AA
case record contains documentation of one of the following: (1) A child is enrolled
full-time in an institution providing elementary or secondary
education. (2) A child is home
schooled full-time in accordance with the law of the state where the parent(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 AA case record of the child. (D) PCSA's are not required to verify school
attendance for a child age eighteen to twenty-one unless the reason the child
is continuing to receive AA past age eighteen is pursuant to paragraph (B)(4)
of rule 5101:2-49-04 of the Administrative Code. (E) The adoptive parent(s) is to notify the PCSA within
fifteen 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 5101:2-49-04 of the Administrative
Code. (2) The child has married
or enlisted in the military service. Enlistment in the military is defined as
the date of report for active duty. (3) The child's
primary health care insurance coverage changes from medicaid to private health
care insurance. The adoptive parent(s) is to complete an ODM 06612 "Health
Insurance Information Sheet" as a result of this change. (4) The adoptive
parent(s) is no longer supporting the child. (5) The adoptive
parent's parental rights have been terminated by a court of competent
jurisdiction or permanently surrendered to a PCSA or private child placing
agency (PCPA). (6) The family moves, or
the child establishes their own residence. (7) The child is
deceased. (F) The adoptive parent(s) is to be supporting the child.
An adoptive parent(s) is supporting the child if the adoptive parent(s)
provides the child with shelter, food, clothing, child support, or any support
regardless of the physical location of the child. A parent 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. (G) A parent 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.
Enlistment in the military is 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. (H) If the child no longer meets the requirements for AA,
the PCSA is to terminate the AA agreement pursuant to rule 5101:2-49-13 of the
Administrative Code.
Last updated October 1, 2024 at 9:02 AM
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Rule 5101:2-49-11 | Suspension of Title IV-E adoption assistance (AA) payment.
Effective:
October 1, 2024
(A) The public children services agency
(PCSA) that entered into the AA agreement after February 14, 2018, may suspend
the AA payment when all of the following are met: (1) The PCSA is unable to
establish contact with the adoptive parent(s) to determine if the adoptive
parent(s) are legally responsible for the support of the child. (2) The PCSA can document
concerted efforts that were made to contact the adoptive parent(s) to determine
what support is provided to the child. Concerted efforts include various
methods to make contact with the adoptive parent(s) such as telephone calls,
mailings, text, emails, and face-to-face contact. (3) The AA agreement or
amended AA agreement is to include the provisions of suspension. (B) When the PCSA proposes to suspend AA
payment, the PCSA is to complete the JFS 01452 "Notice of Adverse Action
for Title IV-E Adoption Assistance (AA)" and provide the adoptive
parent(s) with the following: (1) A written notice that
the PCSA intends to suspend AA payments. (2) The reason(s) for the
intended suspension. (3) The adoptive
parent(s) right to a state hearing. (4) The state hearing is
to be requested within fifteen days from the mailing date of the notice in
accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code. (5) When the AA payment
is suspended, the adoptive parent(s) has ninety days from the mailing date of
the notice to make contact and provide documentation of support. (C) If a state hearing is requested
timely, within fifteen days of the mailing date on the notice, the AA payment
is to continue until a state hearing decision is issued. (D) If no state hearing is requested timely, within fifteen days,
the AA payments are to be suspended. (E) If a state hearing is requested and
the state hearing decision is favorable to the adoptive parent(s), AA payments
are to continue in accordance with the terms of the AA agreement, or an amended
agreement may be entered into by mutual agreement. (F) If the PCSA has suspended an AA
payment, the PCSA is to follow the procedures as outlined in rule 5101:2-49-13
of the Administrative Code. (G) If the adoptive parent(s) contacts
the PCSA while the AA payment is suspended and can provide documentation that
meets the ongoing verification requirement to show continued support of the
child, AA payments may be reinstated retroactive back to the date of
suspension, unless the PCSA has terminated the AA payment pursuant to rule
5101:2-49-13 of the Administrative Code. (H) Although the PCSA may suspend a
child's adoption assistance payment under the circumstances described in
this rule, the child's eligibility for, and receipt of, medicaid is not
to be suspended while the adoption assistance agreement is in
effect. (I) The PCSA is not to reduce or suspend
adoption assistance solely because the adoptive parent(s) fails to reply to the
PCSA's request for information or return of the JFS 01451-B "Title
IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School
Attendance and Eligibility for Continued Medicaid Coverage" while the
adoption assistance agreement is in effect.
Last updated October 1, 2024 at 9:03 AM
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Rule 5101:2-49-12 | Amendment of the Title IV-E adoption assistance (AA) agreement.
Effective:
October 1, 2024
(A) Prior to the expiration date of the
JFS 01453 "Title IV-E Adoption Assistance Agreement," the adoptive
parent(s) and the public children services agency (PCSA) may by mutual
agreement amend the JFS 01453. The amended agreement is to meet all other
requirements of rule 5101:2-49-06 of the Administrative Code. (B) Any request for an amendment to the
AA agreement is to contain newly documented special needs of the child or
circumstances of the adoptive parent(s) that were not previously subject to the
current agreement. (C) A clear written statement documenting
the assessment, evaluation, or update from a culturally competent, as defined
in rule 5101:2-1-01 of the Administrative Code, qualified professional as
defined in rule 5101:2-49-03 of the Administrative Code, is to occur within the
last twelve months when a child's eligibility is based on physical/mental
disability or medical condition. The statement is to include an opinion to the
prognosis and recommendations for future treatment updates. (D) At any time while the JFS 01453 is in effect, the
adoptive parent(s) and the PCSA may agree to amend the payment amount or
provision for services. If an amendment is requested the PCSA is to complete
the JFS 01452 "Notice of Adverse Action for Title IV-E Adoption Assistance
(AA)" and the following is to apply: (1) The JFS 01453 is to
be entered into by mutual agreement between the adoptive parent(s) and the PCSA
pursuant to rule 5101:2-49-05 of the Administrative Code. (2) The PCSA and adoptive
parent(s) are to sign the amended agreement. (3) The agreement is to
meet all requirements of rule 5101:2-49-10 of the Administrative
Code. (4) The PCSA is to give a
copy of the amended agreement to the adoptive parent(s) and retain a copy in
the child's case record. (E) If the PCSA and the adoptive parent(s) cannot agree on
a mutually acceptable monthly AA payment amount, the PCSA and the adoptive
parent(s) may complete a JFS 01453 for a mutually acceptable level of AA
payment while negotiations continue through the state mediation conference, or
the adoptive parent(s) requests a state hearing. (F) If the adoptive parent(s) requests an amendment of the
AA payment specified in an existing agreement and the PCSA denies the request,
the PCSA is to provide the adoptive parent(s) with written notice of the denial
and the right to a state hearing. (G) The PCSA is not to automatically amend, suspend,
terminate, or redirect the AA payment to a third party if the adopted child is
placed under the custody/care and placement of a Title IV-E agency or placed in
the legal or temporary custody of a third party.
Last updated October 1, 2024 at 9:21 AM
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Rule 5101:2-49-13 | Termination of Title IV-E adoption assistance (AA).
Effective:
October 1, 2024
(A) The public children services agency
(PCSA) that entered into the agreement is to terminate the AA in any of the
following circumstances: (1) At the end of the
month of the child's eighteenth birthday; or at the end of the month of
the child's twenty-first birthday, if the child meets the criteria as set
forth in paragraph (B) of rule 5101:2-49-04 of the Administrative
Code. (2) If the child is no
longer receiving any support from the adoptive parent(s) as defined in
paragraph (C) of this rule. (3) If the adoptive
parent(s) is no longer legally responsible for supporting the child as defined
in paragraph (D) of this rule. (4) If a court of
competent jurisdiction has terminated the parental rights of the adoptive
parent(s) or the adoptive parent(s) has voluntarily surrendered their parental
rights. (5) If the adoptive
parent(s) requests termination of the AA benefits. (6) If the adoptive
placement disrupts prior to finalization. (7) If the adoptive
parent(s) dies. (8) If the child
dies. (B) The PCSA is not to terminate the
adoption assistance solely because the adoptive parent(s) fails to reply to the
PCSA request for information or return the JFS 01451-B "The Title IV-E
Adoption Assistance Annual Assurance of Legal Responsibility, School Attendance
and Eligibility for Continued Medicaid Coverage" while the adoption
assistance agreement is in effect. (C) An adoptive parent(s) is not supporting the child if
the adoptive parent(s) is not providing the child with shelter, food, clothing,
child support, or any financial support regardless of the physical location of
the child. A parent(s) is generally responsible for the support of a child who
is under the age of eighteen or a physical and or mentally disabled child with
special needs who is under twenty-one years of age. (D) A parent(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. Enlistment in the military is defined as the date of report
for active duty. (2) Marries. (3) Determined to be an
emancipated minor by a court of competent jurisdiction or the state of
residence. (4) Self-supporting by
paying for shelter, food, and clothing even though he or she may still reside
with the adoptive parent(s). (E) When the PCSA proposes to terminate the AA agreement,
the PCSA is to complete the JFS 01452 "Notice of Adverse Action for Title
IV-E Adoption Assistance (AA)" and provide the adoptive parent(s) with a
written notice of the proposal to terminate and the right to a state
hearing. (F) When the PCSA proposes to terminate the AA agreement,
and the adoptive parent(s) has requested a state hearing, the following is to
apply: (1) If a state hearing is
requested within fifteen days of the mailing date on the notice in accordance
with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code, AA is to continue until a state hearing decision is
issued. (2) If a state hearing is
requested within fifteen days of the mailing date on the notice and the hearing
decision is favorable to the adoptive parent(s), AA is to continue in
accordance with the terms of the AA 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 AA, the adoptive parent(s) does not have to return
the payments received prior to the issuance of the state hearing
decision. (4) If no timely hearing
is requested within fifteen days, AA is to be terminated. Following the
termination, the child is to lose all eligibility for future AA as long as he
or she is legally a member of the same adoptive family. (G) When the PCSA determines the AA should be terminated,
the PCSA is to 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 adoptive
parent(s).
Last updated October 1, 2024 at 9:03 AM
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Rule 5101:2-49-17 | Case record requirements for Title IV-E adoption assistance (AA).
Effective:
October 15, 2024
(A) The public children services agency
(PCSA) is to maintain a separate case record for each AA case. (B) The case record is to contain
documentation which supports the PCSA's actions in determining eligibility
for AA. The case record is to include the following information, when
applicable: (1) A copy of the
completed and signed JFS 01451 "Title IV-E Adoption Assistance
Application." (2) A copy of the AA
eligibility determination in Ohio comprehensive child welfare information
system (Ohio CCWIS). (3) A copy of each signed
JFS 01451-B "Title IV-E Adoption Assistance Annual Assurance of Legal
Responsibility, School Attendance and Eligibility for Continued Medicaid
Coverage." (4) A copy of the PCSA's petition to
the court which led to the child's removal from the specified
relative. (5) A copy of the court order which
resulted in the child's removal from a specified relative, and which
contains a judicial determination to the effect that continuation in the home
would be contrary to the welfare of the child and that placement is in the best
interest of the child. (6) A copy of the signed JFS 01645
"Agreement for Temporary Custody of Child" along with a copy of a
court determination that continuation in the home would be contrary to the
welfare of the child and that the placement is in the best interest of the
child. (7) A copy of the court order committing
the child to the permanent custody of an Ohio PCSA or Ohio private child
placing agency (PCPA), or a copy of the JFS 01666 "Permanent Surrender of
Child." In cases where the child initially entered permanent custody as
the result of the execution of a JFS 01666, there is to be a copy of a court
determination that continuation in the home would be contrary to the welfare of
the child and that the placement is in the best interest of the
child. (8) A copy of the signed JFS 01654
"Adoptive Placement Agreement." (9) Initial child study
inventory. (10) A copy of the JFS 01616 "Social
and Medical History." (11) A copy of the JFS 01673
"Assessment for Child Placement (Homestudy)" or another state's
approved child with special needs homestudy. (12) A copy of the JFS 01673A "Ohio
Department of Job and Family Services Child Characteristics Checklist for
Foster Care and/or Adoption." (13) A copy of the JFS 01689
"Documentation of the Placement Decision-Making Process."
(14) A copy of the JFS 01692
"Application for Adoption of a Foster Child or Sibling Group."
(15) A copy of the JFS
01667 "Adoption Information Disclosure." (16) A copy of the JFS
01699 "Prefinalization Adoption Assessment Report." (17) If the basis for determination of AA
eligibility is meeting supplemental security income (SSI) eligibility
requirements, a copy of the SSI voucher or a copy of any other official
documentation verifying SSI eligibility. (18) If the basis for determination of AA
eligibility is ADC-relatedness, copies of all documentation used for the
determination. (19) The eligibility determination for the
child of a minor parent who is eligible for a Title IV-E foster care
maintenance (FCM) payment. (20) If the basis for determination for AA
eligibility is that the child was placed in the custody of the PCSA as a result
of a JFS 01645 or JFS 01666, then copies of all documentation used for
determination. (21) A copy of the ODM 06612 "Health
Insurance Information Sheet" as completed by the adoptive
parent(s). (22) A copy of the adoption petition filed
with the court. (23) A copy of the adoption
finalization. (24) A copy of the signed JFS 01453
"Title IV-E Adoption Assistance Agreement" between the adoptive
parents and the PCSA and any amendments. (25) Documentation of current eligibility
for AA, and in a prior finalized adoption. (26) A copy of the documentation
evidencing repayment of any identified AA overpayment. (27) A copy of all state hearing,
administrative appeal, and judicial review documentation. (28) A copy of the JFS 01470 "Title
IV-E Adoption Assistance State Mediation Conference Request."
(29) A copy of the interstate compact and
adoption medical assistance forms. (C) For applications received from an
adoptive parent(s) who resides out of state, the case record is to include a
copy of forms which contain, at a minimum, the information needed by the JFS
01673, JFS 01692 and child study inventory. (D) In order to protect confidentiality
of adoption records, the dates of the documents listed in paragraphs (B)(4) to
(B)(7) of this rule may be included in the AA case record in place of copies of
the court order, JFS 01645, JFS 01666, or petition for adoption. For auditing
purposes these documents are to be provided upon request. Provision of these
dates by the PCSA is to be recognized as evidence that copies of the legal
records exist. The following information is to be provided on the children
services agency (CSA), PCPA's or PCSA's letterhead. (1) Each document is to
be clearly identified. (2) The effective date of
each record. (3) The PCSA
representative's signature, confirming that the record is on file at the
PCSA. (E) When applicable, the PCSA is to
contact the PCPA which placed the child for adoption in order to obtain
verification of the date of the documents listed in paragraph (B) of this rule.
Documentation of these dates by the PCPA are to be recognized as evidence that
copies of the legal records exist. For auditing purposes these documents is to
be provided upon request. The following information is to be provided on the
PCPA's letterhead. (1) Each record is to be
clearly identified. (2) The effective date of
each record. (3) The PCPA
representative's signature confirming that the record is on file at the
PCPA. (4) Pre-adoptive
identifying information which is needed to establish eligibility for
AA. (F) The PCSA and PCPA are to use the
pre-adoptive identifying information when contacting the public assistance
benefits eligibility or referral specialists to request pertinent information
on file, or when contacting the social security administration to request
pertinent information about the child's eligibility for SSI. The PCSA and
PCPA are not to provide any information about the child's new identity or
present situation. (G) Pursuant to rule 5101:2-33-23 of the Administrative Code the
adoption assistance case record is to be permanently retained.
Last updated October 15, 2024 at 11:17 AM
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Rule 5101:2-49-19 | Title XIX medicaid coverage for Title IV-E adoption assistance (AA) eligible children (COBRA).
(A) A child eligible for AA, is eligible
for Title XIX medicaid coverage beginning with the effective date of the JFS
01453 "Title IV-E Adoption Assistance Agreement." (B) The public children services agency
(PCSA) is to inform the adoptive parent(s) that he or she is to notify the PCSA
within fifteen calendar days after moving to another county or
state. (C) The parent(s) is to cooperate with
the PCSA to assure that a move out-of-state complies with any applicable
interstate requirements. Failure to notify the PCSA may result in the
interruption of Title XIX medical coverage. (D) For a child with an AA agreement in effect who moves or
resides out-of-state, the following is to apply: (1) Within seven business
days after the PCSA is notified by the adoptive parent(s) that the AA eligible
child is moving to or residing in another state, the PCSA is to transfer Title
XIX medical coverage to the state of residence by: (a) Completing and forwarding the current signed and dated JFS
01453 to the Ohio department of job and family services (ODJFS) interstate
compact on adoption and medical assistance (ICAMA) state administrator pursuant
to rule 5101:2-44-05.2 of the Administrative Code. (b) Providing written notification to the adoptive parent(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 AA payments from Ohio or, if no payments are
being made, a statement that the JFS 01453 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, the PCSA is to, within seven
business days, 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
the ODJFS ICAMA state administrator. (3) No less than annually, the PCSA is to
provide the responsible Title XIX medical authority in the state where the
child resides with written verification that the child meets the continuing
eligibility requirements for medicaid. If the PCSA determines the child does
not meet the continuing eligibility requirements, within twenty business days
the PCSA 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 written 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 AA eligible child resides. (E) For a child with an out-of-state AA 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) The PCSA is to,
within twenty business days after being notified by the ODJFS ICAMA
administrator 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 adoptive
parent(s). (iii) The address where
the medical card should be sent. (iv) A copy of the sending state's AA agreement. (v) The name, address and telephone number of a contact person in
the state with Title IV-E case management responsibility. (vi) The termination date of Title XIX medical coverage in the
state with Title IV-E 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) The PCSA is to maintain a separate
case record for each AA 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 AA agreements in effect who move to or reside in
Ohio.
Last updated July 2, 2024 at 10:41 AM
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Rule 5101:2-49-21 | Reimbursement of Title IV-E nonrecurring adoption expenses for a child with special needs.
Effective:
October 15, 2024
(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
adoption expenses" are reasonable and necessary adoption fees, court
costs, attorney fees, and in accordance with paragraph (A)(2) of this rule,
other expenses directly related to the legal adoption of a child with special
needs, as defined in rule 5101:2-49-03 of the Administrative Code. 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 adoption of a child with special
needs" as specified in paragraph (A)(1) of this rule 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 include costs related to: (a) The adoption homestudy. (b) Health and psychological examinations. (c) Supervision of the placement prior to the adoption
finalization. (d) Reasonable cost of transportation, lodging, and food for the
child and/or adoptive parent(s) when necessary to complete the placement or
adoption process. (B) A public children services agency (PCSA), private child
placing agency (PCPA), or private non-custodial agency (PNA) is to notify
anyone inquiring about adoption services through the agency of the availability
of funds for the reimbursement of nonrecurring adoption expenses and the
application process. (C) The PCSA is to enter into an
agreement with the adoptive parent(s) of a child with special needs for the
payment of nonrecurring adoption expenses for which the parent(s) has not
otherwise been reimbursed, not to exceed two thousand dollars for each
child. (D) The PCSA, PCPA, or PNA is to inform
an adoptive parent(s) who inquires about adoption services through the agency
that the JFS 01421 "Application for Reimbursement of Title IV-E
Nonrecurring Adoption Expenses" is to be submitted to the appropriate PCSA
and approved prior to the adoption finalization or disruption prior to the
adoption finalization, if applicable. The JFS 01421 cannot be considered for
approval retroactively. (E) The adoptive parent(s) and the PCSA
as specified in paragraphs (L) to (O) of this rule are to sign the JFS 01438
"Agreement for Payment or Reimbursement for Title IV-E Nonrecurring
Expenses Incurred in the Adoption of a Child with Special Needs" prior to
adoption finalization or disruption prior to adoption finalization, if
applicable. A final decree of adoption by a foreign country constitutes
adoption finalization. The JFS 01438 cannot be entered into after adoption
finalization. (F) The PCSA is to not consider the race,
color, or national origin of an adoptive family or of the child for whom a
family has indicated an interest in adopting, when entering into a JFS
01438. (G) If siblings are placed for adoption,
either separately or together, each child is to be treated as an individual. A
separate JFS 01421 and JFS 01438 is to be executed for each child. (H) The PCSA is to not apply an income
eligibility requirement (means test) to the adoptive parent(s) in determining
whether payment or reimbursement for nonrecurring adoption expenses are to be
made. (I) The adoptive parent(s) is to submit to the PCSA a request for
payment or reimbursement and proof of the expenditures for nonrecurring
expenses incurred in the adoption of a child with special needs within two
years of the adoption finalization or disruption prior to adoption
finalization, if applicable. (J) In order for a PCSA to enter into an agreement for the
reimbursement of nonrecurring adoption expenses, the child is to be determined
a child with special needs prior to the adoption finalization or disruption
prior to adoption finalization as defined in rule 5101:2-49-03 of the
Administrative Code. The child need not meet other categorical eligibility
requirements of Title IV-E adoption assistance. (K) If the only special needs factor is
the child has been determined to be at substantial risk, with no manifestation
of a special needs factor, the child is eligible for nonrecurring adoption
assistance with the exclusion of international adoptions. (L) If the PCSA and the adoptive parent(s) have completed a JFS
01453 "Title IV-E Adoption Assistance Agreement" the application for
reimbursement of nonrecurring adoption expenses is to be made to the PCSA with
which the adoptive parent(s) entered into the AA agreement. The JFS 01438 is to
be incorporated as an addendum to the AA agreement. (M) If a JFS 01453 has not been completed by a PCSA, all of the
following apply: (1) Prior to adoption
finalization or disruption prior to adoption finalization, if applicable, the
adoptive parent(s) is to submit a JFS 01421 for reimbursement of nonrecurring
adoption expenses to the PCSA who holds permanent custody or, in the case of an
independent adoption, in the county in which the adoptive parent(s)
resides. (2) At the time of
application and prior to adoption finalization or disruption prior to adoption
finalization, if applicable, the adoptive parent(s) is to provide the PCSA
with: (a) A copy of the JFS 01616 "Social and Medical
History" completed on the child for whom the request is being made or a
copy of the social and medical history completed in the child's country of
origin. (b) A copy of the JFS 01673A "Child Characteristics
Checklist for Foster Care and/or Adoption" and one of the following
homestudies: (i) JFS 01673
"Assessment for Child Placement (Homestudy)" or its equivalent for a
child adopted from another state. (ii) JFS 01692
"Application for Adoption of a Foster Child or Sibling
Group". (3) If the adoptive
parent(s) does not provide a completed JFS 01616, JFS 01673A and JFS 01673 or
JFS 01692, the PCSA is to deny the JFS 01421. (N) If the child is placed for adoption from Ohio into another
state, the following apply: (1) If a PCSA has entered
into a JFS 01453 or has custody of the child, that PCSA is responsible for the
determination of eligibility for reimbursement of nonrecurring adoption
expenses and payment of allowable nonrecurring adoption expenses if the child
is eligible. (2) If a JFS 01453 is not
in effect or a PCSA does not have custody of the child, the children services
agency (CSA) in the state where the adoptive parent(s) lives is responsible for
determining eligibility. The CSA is responsible for informing the adoptive
parent(s) of the needed documentation. (3) If a PCPA has custody
of the child, that agency is responsible for providing all needed information
and documentation to the PCSA responsible for determining
eligibility. (4) If a PCSA or PCPA
does not have custody of the child, the adoptive parent(s) is responsible for
providing all needed information and documentation to the PCSA responsible for
determining eligibility. The PCSA is to inform the adoptive parent(s) of the
needed documentation. (O) If the child is placed for adoption from another state into
Ohio, the following apply: (1) If the CSA has
entered into a Title IV-E AA agreement or has custody of the child, that agency
is responsible for determining eligibility for reimbursement of nonrecurring
adoption expenses and paying allowable nonrecurring adoption expenses if the
child is eligible. (2) If the CSA has not
entered into a Title IV-E AA agreement or does not have custody of the child,
the Ohio PCSA in the county in which the adoptive parent(s) resides is
responsible for determining eligibility for reimbursement of nonrecurring
adoption expenses and paying allowable nonrecurring adoption expenses if the
child is eligible. (3) If a private child
placing agency has custody of the child, that agency is responsible for
providing all needed information and documentation to the Ohio PCSA in the
county where the adoptive parent(s) resides to determine
eligibility. (4) If a private child
placing agency does not have custody of the child, the adoptive parent(s) is
responsible for providing all needed information and documentation to the Ohio
PCSA in the county of residence to determine eligibility. The PCSA is to inform
the adoptive parent(s) of the needed documentation. (P) A stepparent adopting a child with special needs is not
eligible to receive payment or reimbursement for nonrecurring adoption expenses
if a biological parent is also present in the home. If a biological parent is
not present due to death, divorce, or abandonment of the child, the stepparent
is to receive payment or reimbursement for the nonrecurring adoption expenses
if all other provisions of this rule are met. (Q) For each JFS 01438 executed, the PCSA is to maintain
documentation in the child's case record to verify compliance with this
rule. (R) 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. (S) International adoption payment disallowance. (1) Notwithstanding any
other paragraph of this rule, no payment may be made to an adoptive parent(s)
with respect to a child who meets the requirements specified in paragraph (J)
of this rule but who is not a citizen or resident of the United States and was
adopted outside of the United States or was brought into the United States for
the purpose of being adopted. (2) Paragraph (S)(1) of
this rule is not to be construed as disallowing payments where the child is
placed and is legally available for adoption by a permanent custody order or
permanent surrender by a PCSA or PCPA, or petition for adoption when the child
is the subject of an independent adoption pursuant to rule 5101:2-49-02 of the
Administrative Code subsequent to the failure, as determined by the PCSA, of
the initial adoption of the child by the parent(s) described in paragraph
(S)(1) of this rule. (3) If an adopted child
from a foreign country has a subsequent adoption finalization in the U.S., the
child is not eligible for nonrecurring adoption expenses.
Last updated October 15, 2024 at 11:18 AM
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Rule 5101:2-49-23 | Title IV-E adoption assistance (AA) intercounty and interstate case management responsibility.
(A) AA intercounty and interstate case
management changes is to be handled as follows: (1) The JFS 01453
"Title IV-E Adoption Assistance Agreement" remains in effect even
though the adoptive parent(s) and the adopted child move to another county or
state. The responsibility for management of the AA case remains with the Ohio
public children services agency (PCSA) that entered into the agreement prior to
the move. (2) If the adoptive
parent(s) and the adopted child for whom an Ohio-executed JFS 01453 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 AA
agreement are not available in the state where the child resides or has moved,
the PCSA that entered into the agreement is to be responsible for providing or
securing those services. (3) If the adoptive
parent(s) and the adopted child for whom an JFS 01453 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 01453 by the county where the child resides.
If any of the Title XX services specified in the AA agreement are not available
in the Title XX plan in the county where the child resides or has moved, the
PCSA which entered into the agreement is to be responsible for providing or
securing those services. (4) Nothing is to prevent
the adoptive parent(s) of a child for whom an AA 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 AA
agreement. The adoptive parent(s) may: (a) Apply for the Title XX services in the county where the
adoptive parent(s) resides; (b) Seek to amend the child's JFS 01453. (5) At the request of the
PCSA that is the Title IV-E AA case management agency, the PCSA in the county
of residence is to assist both the Title IV-E case management agency and the
adoptive parent(s) in completing the JFS 01451-B "Title IV-E Adoption
Assistance Annual Assurance of Legal Responsibility, School Attendance and
Eligibility for Continued Medicaid Coverage" and/or the JFS
01453. (6) In the event that the
adoptive parent(s) and the adopted child move out of state, the PCSA with the
case management responsibility is to comply with any interstate compact on
adoption and medical assistance (ICAMA) requirements. The PCSA may ask the
children services agency (CSA) in the new state to document the present
situation of the adoptive parent(s) and to assist the adoptive parent(s) in
completing all required forms.
Last updated July 2, 2024 at 10:41 AM
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Rule 5101:2-49-25 | Qualified and disqualified alien eligibility for Title IV-E adoption assistance (AA).
Effective:
October 1, 2024
(A) A child who is a qualified alien, entering the United States
on or after August 22, 1996, and who is placed for adoption is to be required
to live in the United States for five years before there is eligibility for AA.
Pursuant to section 403(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), a child, who is in one of the following
accepted categories, is exempted from the residency requirement. (1) A child placed with
an adoptive parent(s) who is a United States citizen or a qualified
alien. (2) A child who is a
qualified alien receiving AA pursuant to a JFS 01453 "Title IV-E Adoption
Assistance Agreement" signed prior to August 22, 1996, who continues to be
eligible for the AA. (3) An alien admitted to
the United States as a refugee under the Immigration and Nationality Act (INA)
of 8 U.S.C., 1157, (5/2005). (4) An alien whose
deportation is being withheld under the INA. (5) Cuban/Haitian
entrants, as provided in Section 501 (e) of the Refugee Education Assistance
Act of 1980, Pub. L. No. 96-422. (6) Amerasian immigrants
admitted to the United States pursuant to section 584 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act of 1988,
Pub. L. No. 100-202. (7) An alien or the child
or parent(s) of an alien who has been battered or subjected to extreme cruelty
in the United States. (B) An individual who meets the definition of a qualified alien
in rule 5101:2-1-01 of the Administrative Code, is eligible to become an
adoptive parent(s) and receive AA payments and services for an eligible
child. (C) An individual who does not meet the definition of qualified
alien in rule 5101:2-1-01 of the Administrative Code is an unqualified alien.
An unqualified alien is eligible to become an adoptive parent(s) and receive AA
payments and services for an eligible child who entered the United States on or
after August 22, 1996, if the child is a United States citizen or is in one of
the accepted groups as defined in paragraph (A) of this rule or has lived in
the United States as a qualified alien for five years. (D) A child who is a qualified alien and is eligible for AA is
also be eligible for Title XIX medicaid coverage pursuant to the requirements
contained in rules 5160:1-2-12 and 5160:1-4-06 of the Administrative
Code. (E) Citizenship or immigration status is to be verified by the
PCSA: (1) For children in
receipt of AA payments. (2) For the adoptive
parent(s) with whom the qualified alien child is placed.
Last updated October 1, 2024 at 9:04 AM
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