Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:2-49 | IV-E Adoption Assistance

 
 
 
Rule
Rule 5101:2-49-01 | Administration of the adoption assistance program.
 

(A) The public children services agency (PCSA) shall 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 shall 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 shall provide and assist the adoptive parent(s) of a child placed by that PCSA with a JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 12/2015) and the JFS 04059 "Explanation of State Hearing Procedures" (rev. 1/2015).

(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 shall 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 calendar days pursuant to section 2151.011 of the Revised Code.

(E) Prior to the finalization of adoption, the adoptive parent(s) shall 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) shall 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 shall be responsible for determining the child's eligibility for AA, 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" (rev. 10/2013), the following requirements shall be met:

(1) Prior to finalization of the adoption, the PCPA shall ensure that the adoptive parent(s) receives information about AA and an AA application.

(2) At the time of application by the adoptive parent(s), the PCPA shall provide the PCSA with the following:

(a) A copy of the JFS 01616 "Social and Medical History" (rev. 6/2009) 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)" (rev. 12/2014).

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

(iii) The out of state approved homestudy forms for an adoptive parent(s) residing out of state.

(G) The PCSA shall complete the AA eligibility determination in the statewide automated child welfare information system (SACWIS) and approve or deny the application within thirty days after a completed application and all required documentation are 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 shall request verification from the adoptive parent(s) and have the adoptive parent(s) complete the ODM 06612 "Health Insurance Information Sheet" (rev. 9/2016) at any time the adoptive parent(s) acquires health care insurance coverage for the child.

(J) In accordance with federal requirements, the PCSA may not add any language to the AA agreement that makes the agreement subject to the availability of funds.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 8/1/2024
Prior Effective Dates: 1/1/1985 (Emer.), 5/22/1985 (Emer.), 7/2/1987, 9/1/1992, 5/1/1998
Rule 5101:2-49-02 | Title IV-E adoption assistance (AA) eligibility criteria for children age two and older.
 

(A) A) The public children services agency (PCSA) shall determine that a child is eligible for AA if, prior to the finalization of the adoption, the PCSA finds all of the following:

(1) Pursuant to Pub. L. No. 115-123, (2/9/2018) the child will be two years of age or older in the current federal fiscal year (FFY) of October first to September thirtieth at the time the AA agreement becomes effective.

(2) 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 shall be valid in the adoptive state of residence.

(3) 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 shall use the other state's documentation to meet the matching requirements except as specified in paragraph (C) of this rule.

(4) The child meets the requirements of a child with special needs as described in rule 5101:2-49-03 of the Administrative Code.

(5) The child meets the age requirement as described in rule 5101:2-49-04 of the Administrative Code.

(6) The child shall be a citizen or legal resident of the United States, and will be adopted in the United States.

(7) 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, age two or older shall 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 at any time prior to the finalization of adoption; or

(b) A JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) or JFS 01666 "Permanent Surrender of Child "(rev. 10/2013). 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 required 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 shall 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 shall use the 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.

Supplemental Information

Authorized By: 5101.141, 5101.11
Amplifies: 5101.11, 5101.141
Five Year Review Date: 4/17/2024
Prior Effective Dates: 9/1/1988, 5/1/1998, 6/17/1999, 12/15/2011
Rule 5101:2-49-02.1 | Title IV-E adoption assistance (AA) eligibility criteria for children under age two.
 

(A) A child is eligible for Title IV-E adoption assistance (AA) if, prior to the finalization of the adoption the public children services agency (PCSA) finds all of the following:

(1) Beginning January 1, 2018 pursuant to Pub. L. No. 115-123 (2/9/2018), the child who is under the age of two during the current federal fiscal year (FFY), October first to September thirtieth, shall meet the non-applicable child requirements in paragraph (B) of this rule. The non-applicable child requirements in this rule will end for children under age two after June 30, 2024.

(2) The adoptive parent(s) has an approved homestudy in accordance with Chapter 5101:2-48 of the Administrative Code. If the adoptive parent(s) resides in another state, then the adoptive homestudy shall be valid in the state of residence.

(3) 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 shall use the other state's documentation to meet the matching requirements except as specified in paragraph (C) of this rule.

(4) The child meets the requirements of a child with special needs as defined in rule 5101:2-49-03 of the Administrative Code.

(5) The child shall be 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 rule 5101:2-49-03 of the Administrative Code.

(B) A child in the care of a PCSA, or tribe at the time of the adoption proceedings shall meet one of the five non-applicable child AA requirements:

(1) The child is eligible for Title XVI supplemental security income (SSI) benefits prior to the finalization of the adoption. SSI eligibility shall be determined only by a designated social security administration claims representative.

(2) The child met the aid to families with dependent children (AFDC) relatedness requirements authorized under Title IV-A of the Social Security Act as of July 16, 1996 pursuant to rule 5101:2-47-14 of the Administrative Code which includes the requirements for age, deprivation, living with and removed from a specified relative, income and resources standards and, if at the time of removal from the specified relative one of the following requirements is met:

(a) If the removal was the result of a judicial determination placing the child in the custody of the PCSA, the first judicial determination removing the child from the specified relative shall include a judicial determination finding that it is contrary to the child's welfare for the child to remain with the specified relative the child was removed from. This determination must be explicit and made on a case by case basis. If the contrary to the welfare judicial determination is not included as required, a transcript of the court proceedings is the only other documentation that will be acceptable to verify that contrary to the welfare requirement has been made.

(b) If the removal was the result of a JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) and the child was in receipt of an FCM payment.

(c) If the removal was the result of a JFS 01666 "Permanent Surrender of Child" (rev. 10/2013) to a PCSA, and all the following conditions are met:

(i) There is a petition to the court to remove the child from the specified relative within six months from the date the child lived with the specified relative.

(ii) There is a subsequent judicial determination that it is contrary to the welfare of the child to remain with the specified relative.

(3) The child's minor parent was in foster care and received a FCM payment covering both the minor parent and the child of the minor parent while in agency care.

(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.

(5) The child is a sibling placed in the same adoptive home as his or her sibling who meets the applicable child eligibility criteria in rule 5101:2-49-02 of the Administrative Code.

(C) A child in the care of a private child placing agency (PCPA) at the time of the adoption proceedings shall meet one of the following non-applicable child requirements:

(1) The child is eligible for Title XVI supplemental security income (SSI) benefits prior to the finalization of the adoption. SSI eligibility shall be determined only by a designated social security administration claims representative; or

(2) The child entered care through the execution of a JFS 01666 to a PCPA:

(a) There is a petition to the court to remove the child from the specified relative within six months from the date the child lived with the specified relative from whom she/he is being removed; and

(b) There is a subsequent judicial determination to the effect that remaining in the home would be contrary to the welfare; or

(3) 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.

(D) AA eligibility for a child that meets the requirements of a child with special needs as defined in rule 5101:2-49-03 of the Administrative Code who is the subject of an independent adoption is eligible only when the child is eligible for SSI or a child in a subsequent adoption if the child received AA in a previous adoption. An independent adoption is one in which the child is not under the responsibility of a public or private adoption agency. The matching requirements as described in paragraph (A)(3) of this rule are not required in these circumstances. The Title IV-E agency shall accept the independent adoption homestudy as meeting the requirements described in paragraph (A)(2) of this rule.

(E) 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 shall 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.

(F) The PCSA shall use the statewide automated child welfare information system (SACWIS) to determine AA eligibility.

(G) 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.

Supplemental Information

Authorized By: 5101.11, 5101.141
Amplifies: 5101.11, 5101.141
Five Year Review Date: 4/17/2024
Prior Effective Dates: 11/17/2018
Rule 5101:2-49-03 | Special needs criteria for adoption assistance.
 

(A) Prior to the finalization of adoption, the public children services agency (PCSA) shall determine that all of the following special needs criteria have been met and documented in the statewide automated child welfare information system (SACWIS) 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 his or her 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 making it difficult to place the child for adoption. However, if the child is between the age of newborn and twelve months the child shall be also diagnosed to have one of the conditions outlined in paragraph (A)(2)(g) or (A)(2)(h) of this rule.

(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 shall be assessed and documented by a qualified mental health professional.

(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 "qualified professional," in the professional's area of expertise 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 shall provide a clear written statement of the services provided with regards to the child's diagnosis within the last twelve months. This statement shall 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 shall 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 shall be met by one of the following:

(a) Except as described in paragraph (A)(3)(b) of this rule, the PCSA shall document that in each case a reasonable, but unsuccessful, effort was made to place the child with appropriate adoptive parent(s) without AA. This requirement can be met by posing the question of whether the adoptive parent(s) are willing to adopt without AA. If the adoptive parent(s) state they cannot adopt the child without AA, the requirement is met when documented in the AA case record.

(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" (rev. 7/2019) with no payment shall be entered into in accordance with rule 5101:2-49-07 of the Administrative Code. The PCSA shall 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 shall 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.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 7/1/2014
Rule 5101:2-49-04 | Requirement for Title IV-E adoption assistance (AA) past age eighteen.
 

(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 or 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 if the child meets one of the requirements identified in paragraphs (B)(1) to (B)(5) of this rule and the adoptive parent(s) is supporting the child as identified in paragraph (D) of rule 5101:2-49-10 of the Administrative Code. The physical or mental disability or medical condition is to be verified annually for continued eligibility. The child is considered to have a physical or 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 "qualified professional" in the professional's area of expertise who is not responsible for providing casework services to the child to have a physical or 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, dysfunctionor 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 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).

(C) A clear written statement documenting the child's physical or 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 requirements 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) Notify the adoptive parent(s) of the intent 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 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 if eligibility is denied based on any of the requirements identified in paragraph (B) of this rule.

(4) If the adoptive parent(s) requested a state hearing within fifteen calendar days of the date the termination notice was issued then the PCSA continues the AA until the hearing decision has been rendered.

(5) If the adoptive parent(s) has not requested a state hearing within fifteen calendar days of the date the termination notice was issued, the PCSA:

(a) Terminates the AA agreement.

(b) 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.

(c) 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.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 1/14/1983, 4/1/1986 (Emer.), 9/1/1988, 5/1/1998, 4/1/2010, 1/10/2018
Rule 5101:2-49-05 | Initial determination of the Title IV-E adoption assistance (AA) monthly payment amount.
 

(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.

Supplemental Information

Authorized By: 5101.141, 5103.03, 5153.16
Amplifies: 5101.11, 5101.141, 5103.03, 5153.16
Five Year Review Date: 9/1/2024
Prior Effective Dates: 11/30/1989, 5/1/1998, 7/1/2014
Rule 5101:2-49-06 | Adoption assistance agreement and duration: provision for financial support and services.
 

(A) The adoptive parent(s) and the public children services agency (PCSA) shall review and sign the JFS 01453 "Title IV-E Adoption Assistance Agreement" (rev. 7/2019) 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 shall 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 shall be effective on the date specified on the JFS 01453. The agreement shall 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 shall 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 shall 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 shall not have a general policy limiting AA prior to the child's eighteenth birthday.

(G) The PCSA shall 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 shall 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 shall prohibit 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 shall 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 shall 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" (rev. 1/2015).

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 4/1/1986 (Emer.), 7/1/1986, 5/1/1998, 4/1/2010, 7/1/2014, 1/10/2018
Rule 5101:2-49-07 | Adoption assistance agreement only with no payment.
 

(A) The public children services agency (PCSA) shall enter into a JFS 01453 "Title IV-E Adoption Assistance Agreement" (rev. 7/2019) 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 require 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 shall 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 shall 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.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 1/1/2007, 12/15/2011
Rule 5101:2-49-08 | Adoption assistance monthly payments.
 

(A) AA monthly payments shall 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" (rev. 7/2019) 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 shall 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 shall enter the AA payment information into the statewide automated child welfare information system (SACWIS). The payment shall 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 shall 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 shall:

(1) Adjust the overpayment in SACWIS within three business days of notification that an overpayment has occurred. Adjustment of the payment shall 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 shall 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 shall 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 shall continue AA if the hearing decision is favorable to the adoptive parent(s).

(3) The adoptive parent is not required 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 shall be retained in the AA case record.

(I) The PCSA shall refer all cases to the county prosecutor if there is probable cause to believe the crime of fraud has been committed.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 1/14/1983, 1/1/1985 (Emer.), 4/1/1986 (Emer.), 9/30/1987 (Emer.), 9/1/1988, 7/1/2000, 2/15/2002, 1/1/2007
Rule 5101:2-49-09 | Title IV-E adoption assistance post-finalization application.
 

(A) The adoptive parent(s) of a child with special needs may apply for AA after the adoption is finalized if the JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 12/2015) was not completed prior to the finalization of adoption, and the JFS 01453 "Title IV-E Adoption Assistance Agreement (rev. 7/2019) was not executed prior to the finalization of adoption because of one of the following:

(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.

(a) The PCSA or PCPA may meet the requirement to inform the adoptive parent(s) of AA pursuant to rules 5101:2-48-05, 5101:2-48-11.1 and 5101:2-48-15 of the Administrative Code.

(b) Advising an adoptive parent(s) is not required if the adoptive parent(s) is not known to the PCSA or PCPA for a child with special needs who is not in the custody of the PCSA or PCPA.

(B) The child shall meet all of the remaining eligibility requirements for AA that are in effect on the date the PCSA receives the JFS 01451 except for the timeliness standard which requires that a JFS 01451 be completed and a JFS 01453 be signed prior to a finalization of adoption.

(C) The following procedures shall be followed for AA eligibility to be considered after an adoption has been finalized:

(1) The adoptive parent(s) shall submit a JFS 01451 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" (rev. 10/2013) prior to the adoption.

(ii) The social security administration determined the child eligible for the supplemental security income 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 his or her 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) shall provide the PCSA with a copy of the following:

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

(b) The JFS 01673A "Child Characteristics Checklist for Foster Care and or Adoption" (rev. 12/2006).

(c) The JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 12/2014), or the JFS 01692 "Application for Adoption of a Foster Child" (rev. 12/2014) completed prior to the adoption of the child.

(D) If the PCSA determines that the child is eligible for adoption assistance post-finalization, without a state hearing, the agency shall process the application for adoption assistance, otherwise the PCSA shall 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" (rev. 1/2015).

(2) The JFS 07334 "Notice of Denial of your Application for Assistance" (rev. 9/2011).

(E) Upon receipt of the PCSA's denial of the JFS 01451, the adoptive parent(s) may request a state hearing.

(F) 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 shall determine eligibility for AA after finalization and negotiate a JFS 01453 with the adoptive parent(s).

(G) If all of the conditions set forth in paragraphs (C) and (D) of this rule are met, the effective date for current and future AA payments shall be the date on which the JFS 01453 is signed by the PCSA and the adoptive parent(s).

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 9/1/1992, 5/1/1998, 7/1/2000, 5/1/2003, 4/1/2010, 12/15/2011
Rule 5101:2-49-09.1 | Retroactive adoption assistance payment process.
 

(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 shall 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 shall 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 shall 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 shall 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" (rev. 12/2015) 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 paragraph (H) of rule 5101:2-49-05 of the Administrative Code.

(D) The PCSA shall not approve a retroactive AA payment for a month in which a state adoption maintenance subsidy payment was made.

(E) The PCSA shall 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" (rev. 12/2015).

(F) The JFS 01454 shall set forth the terms of the retroactive AA payment.

(G) The PCSA shall enter the applicable events in the statewide automated child welfare information system (SACWIS) to reflect dates and monthly payment amounts covered by the period of the retroactive payment approval.

(H) The PCSA shall provide the adoptive parent(s) with a copy of the completed JFS 01454.

(I) The PCSA shall 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 shall also retain a copy of the JFS 01451 and the JFS 01453 "Title IV-E Adoption Assistance Agreement" (rev. 7/2019) setting forth the provision for future AA payments.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 12/11/1993, 5/1/1998, 4/1/2010, 7/1/2014
Rule 5101:2-49-10 | Ongoing verificationfor adoption assistance.
 

(A) The public children services agency (PCSA) responsible for the AA agreement shall 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" (rev. 12/2015) annually or whenever there is a significant change in the family situation.

(B) For a child who has attained the minimum age for compulsory school attendance the PCSA shall 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.

(C) Title IV-E agencies 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 because pursuant to paragraph (B)(4) of rule 5101:2-49-04 of the Administrative Code.

(D) The adoptive parent(s) shall notify the PCSA 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 or 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.

(3) The child's primary health care insurance coverage changes from medicaid to private health care insurance. The adoptive parent(s) shall complete an ODM 06612 "Health Insurance Information Sheet" (rev. 9/2016) 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 established his or her own residence.

(7) The child dies.

(E) The adoptive parent(s) shall 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 parent(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 or mentally disabled or has a medical condition.

(F) A parent is not legally required to support the child if the child is emancipated. A child becomes emancipated if:

(1) The child enlists in the military services.

(2) The child marries.

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

(G) If the child no longer meets the requirements for AA, the PCSA shall terminate the AA agreement pursuant to rule 5101:2-49-13 of the Administrative Code.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 1/1/1983, 4/1/2010
Rule 5101:2-49-11 | Suspension of Title IV-E adoption assistance (AA) payment.
 

(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 cannot 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.

(3) The AA agreement or amended AA agreement shall include the provisions of suspension.

(B) When the PCSA proposes to suspend AA payment, the PCSA shall 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 shall 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 to make contact and provide documentation of support.

(C) If a state hearing is requested timely, within fifteen days, the AA payment shall continue until a state hearing decision is issued.

(D) If no state hearing is requested timely, within fifteen days, the AA payments shall be suspended.

(E) If a state hearing is requested and the state hearing decision is favorable to the adoptive parent(s), AA payments shall 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 shall 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.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Rule 5101:2-49-12 | Amendment of an adoption assistance agreement.
 

(A) Prior to the expiration date of the JFS 01453 "Title IV-E Adoption Assistance Agreement" (rev. 7/2019), the adoptive parent(s) and the public children services agency (PCSA) may by mutual agreement amend the JFS 01453. The amended agreement shall meet all other requirements of rule 5101:2-49-06 of the Administrative Code.

(B) Any request for an amendment to the AA agreement shall 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) 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:

(1) The JFS 01453 shall 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) shall sign the amended agreement.

(3) The agreement shall meet all requirements of rule 5101:2-49-10 of the Administrative Code.

(4) The PCSA shall give a copy of the amended agreement to the adoptive parent(s) and retain a copy in the child's case record.

(D) 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.

(E) 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 shall provide the adoptive parent(s) with written notice of the denial and the right to a state hearing.

(F) The PCSA shall not automatically amend the AA payment if the adopted child is placed under the responsibility and care of a PCSA.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 7/1/1986, 12/15/2011
Rule 5101:2-49-13 | Termination of adoption assistance.
 

(A) The public children services agency (PCSA) that entered into the agreement shall 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 (B) of this rule.

(3) If the adoptive parent(s) is no longer legally responsible for supporting the child as defined in paragraph (C) 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 his or her 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) 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.

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

(1) The child enlists in the military services.

(2) The child marries.

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

(4) The child is self-supporting by paying for shelter, food, and clothing even though he or she may still reside with the adoptive parent(s).

(D) When the PCSA proposes to terminate the AA agreement, the PCSA shall provide the adoptive parent(s) with a written notice of the proposal and the right to a state hearing.

(E) When the PCSA proposes to terminate the AA agreement, and the adoptive parent(s) has requested a state hearing, the following shall 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 shall 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 shall 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) is not required to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested, AA shall be terminated. Following the termination, the child shall lose all eligibility for future AA as long as he or she is legally a member of the same adoptive family.

(F) When the PCSA determines the AA should be terminated, the PCSA shall complete the ODM 01958 "Referral for medicaid continuing eligibility review" (rev. 7/2014) 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" (rev. 7/2014) to the adoptive parent(s).

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 1/1/1983, 4/1/2010
Rule 5101:2-49-17 | Case record requirements for adoption assistance.
 

(A) The public children services agency (PCSA) shall maintain a separate case record for each AA case.

(B) The case record shall contain documentation which supports the PCSA's actions in determining eligibility for AA. The case record shall include the following information, when applicable:

(1) A copy of the signed JFS 01451 "Title IV-E Adoption Assistance Application" (rev. 12/2015).

(2) A copy of the AA eligibility determination in the statewide automated child welfare information system (SACWIS).

(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" (rev. 7/2019).

(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" (rev. 4/2006) 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" (rev. 10/2013). In cases where the child initially entered permanent custody as the result of the execution of a JFS 01666, there must also 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" (rev. 2/2017).

(9) Initial child study inventory.

(10) A copy of the JFS 01616 "Social and Medical History" (rev. 6/2009).

(11) A copy of the JFS 01673 "Assessment for Child Placement (Homestudy)" (rev. 12/2014) 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" (rev. 12/2006).

(13) A copy of the JFS 01689 "Documentation of the Placement Decision-Making Process" (rev. 4/2017).

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

(15) 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.

(16) If the basis for determination of AA eligibility is ADC-relatedness, copies of all documentation used for the determination.

(17) The eligibility determination for the child of a minor parent who is eligible for a Title IV-E foster care maintenance (FCM) payment.

(18) 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.

(19) A copy of the ODM 06612 "Health Insurance Information Sheet" (rev. 9/2016) as completed by the adoptive parent(s).

(20) A copy of the adoption petition filed with the court.

(21) A copy of the adoption finalization.

(22) A copy of the signed JFS 01453 "Title IV-E Adoption Assistance Agreement" (rev. 7/2019) between the adoptive parents and the PCSA and any amendments.

(23) Documentation of current eligibility for AA, and in a prior finalized adoption.

(24) Copies of each signed JFS 01451-B.

(25) A copy of the documentation evidencing repayment of any identified AA overpayment.

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

(27) A copy of the JFS 01470 "Title IV-E Adoption Assistance State Mediation Conference Request" (rev. 7/2019).

(28) 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 shall include a copy of forms which contain, at a minimum, the information required 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)(3) to (B)(6) 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 shall be provided upon request. Provision of these dates by the PCSA shall be recognized as evidence that copies of the legal records exist. The following information shall be provided on the child services agency (CSA) or PCSA's letterhead.

(1) Each document shall 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 shall 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 shall be recognized as evidence that copies of the legal records exist. For auditing purposes these documents shall be provided upon request. The following information shall be provided on the PCPA's letterhead.

(1) Each record shall 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 shall 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 shall not 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 shall be permanently retained.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 8/1/2024
Prior Effective Dates: 1/1/1983, 7/2/1987, 9/1/1988, 12/15/2011, 1/10/2018
Rule 5101:2-49-19 | Title XIX medicaid coverage for Title IV-E adoption assistance 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" (rev. 07/2019).

(B) The public children services agency (PCSA) shall inform the adoptive parent(s) that he or she shall notify the PCSA within fifteen calendar days after moving to another county or state.

(C) The parent(s) shall 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 shall 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 shall 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 shall, 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" (rev 05/2001).

(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 statewide automated child welfare information system (SACWIS).

(2) Upon notification of any change that would affect the medicaid status, the PCSA shall, within seven business days, complete and forward the ICAMA form 7.5 "Information Exchange" (rev. 1/2015) 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 shall 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 shall:

(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 shall 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 shall apply:

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

(2) The PCSA shall, 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 SACWIS the Ohio medicaid effective date and an "active" status on the ICAMA record.

(c) Complete the ODM 06612 "Health Insurance Information Sheet" (rev. 9/2016) if there is information that the child is covered by a private health insurance plan.

(3) The PCSA shall maintain a separate case record for each AA eligible child who resides in Ohio. The case record shall 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.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 7/1/2024
Prior Effective Dates: 12/27/1987
Rule 5101:2-49-21 | Reimbursement of title IV-E nonrecurring adoption expenses for a child with special needs.
 

(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 one 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 required documentation.

(3) If a PCPA has custody of the child, that agency is responsible for providing all required 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 required information and documentation to the PCSA responsible for determining eligibility. The PCSA is to inform the adoptive parent(s) of the required 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 required 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 required 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 required 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 prohibition.

(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 prohibiting payments where the child is placed and is legally available for adoption by a permanent custody order or permenant 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.

Supplemental Information

Authorized By: 5101.141
Amplifies: 5101.11
Five Year Review Date: 8/1/2024
Prior Effective Dates: 4/3/1989 (Emer.), 2/15/2002, 1/1/2007, 8/10/2009 (Emer.), 7/1/2014
Rule 5101:2-49-23 | Adoption assistance intercounty and interstate case management responsibility.
 

(A) AA intercounty and interstate case management changes shall be handled as follows:

(1) The JFS 01453 "Title IV-E Adoption Assistance Agreement" (rev. 7/2019) 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 shall 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 shall 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 shall 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 shall be responsible for providing or securing those services.

(4) Nothing shall prohibit 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 shall 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" (rev. 7/2019) 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 shall 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.

Supplemental Information

Authorized By: 5101.11, 5101.141
Amplifies: 5101.11, 5101.141, 5153.16
Five Year Review Date: 7/1/2024
Prior Effective Dates: 1/1/1983, 7/1/1986
Rule 5101:2-49-25 | Qualified and disqualified alien eligibility for Title IV-E adoption assistance.
 

(A) A child who is a qualified alien, entering the United States on or after August 22, 1996, and who is placed for adoption shall 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 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" (rev. 7/2019) 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 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 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 shall 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 shall 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.

Supplemental Information

Authorized By: 5101.11, 5101.141
Amplifies: 5101.11, 5101.141, 5153.16
Five Year Review Date: 7/1/2024
Prior Effective Dates: 12/15/2011, 7/1/2014