Chapter 5101:2-55 | Kinship Guardianship Assistance Program Connections to Twenty-One

Rule 5101:2-55-01 | Administration of kinship guardianship assistance program connections to twenty-one (KGAP C21).

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

(A) For purposes of this program, in accordance with section 5101.1411 of the Revised Code, a kinship guardianship young adult is defined as a person that:

(1) Was in the temporary, permanent, or planned permanent living arrangement custody of an Ohio public children services agency (PCSA) prior to being committed to the legal custody or guardianship of a kinship caregiver as defined in rule 5101:2-1-01 of the Administrative Code, at the age of sixteen or seventeen;

(2) Attained the age of sixteen or seventeen before the Title IV-E kinship guardianship assistance agreement became effective; and

(3) Meets one of the eligibility requirements pursuant to paragraph (A)(3) of rule 5101:2-55-02 of the Administrative Code.

(B) ODJFS is responsible for ensuring the proper administration of funds both allocated and reimbursed.

(1) In accordance with 473(a)(1)(B)(ii) and 473(a)(3) of the Social Security Act, ODJFS is not to add any language to the JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Agreement" that makes the agreement subject to the availability of state funds.

(2) ODJFS is responsible for the full non-federal share of KGAP C21 funds.

(C) ODJFS is to be responsible for:

(1) Determining initial and semi-annual eligibility, approval, denial, and termination for KGAP C21 pursuant to rule 5101:2-55-02 of the Administrative Code.

(2) Maintaining a separate KGAP C21 case record for each program eligible kinship guardianship young adult for whom ODJFS has entered into a JFS 00139.

(3) Service planning to include:

(a) KGAP C21 case management including initial and ongoing eligibility determination of all applications and redeterminations, approval and termination of subsidy payments, and referral for medicaid coverage provided by the Ohio department of medicaid, as applicable.

(b) Referral for kinship guardianship supportive services.

(D) ODJFS is to provide the kinship caregiver(s) of a kinship guardianship young adult with a JFS 00137 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Application" and the JFS 04059 "Explanation of State Hearing Procedures."

(E) The kinship caregiver(s) is to submit the JFS 00137 and verification of eligibility to ODJFS.

(F) ODJFS is to enter into a JFS 00139 with the kinship caregiver(s) of an eligible kinship guardianship young adult.

(G) For a kinship guardianship young adult with a JFS 00139 in effect who moves out-of-state or resides out-of-state, ODJFS is to follow the interstate compact on adoption and medical assistance (ICAMA) rule 5101:2-44-05.2 of the Administrative Code. ODJFS may ask the children services agency (CSA) in the other state to document the present situation of the kinship caregiver(s) and to assist the kinship caregiver(s) in completing all mandatory forms.

(H) The JFS 00139 remains in effect even though the kinship caregiver(s) and the kinship guardianship young adult move to another county, state, or country. The responsibility for management of the KGAP C21 case remains with ODJFS as the agency that entered into the JFS 00139 prior to the move.

(I) In accordance with section 473(d)(3)(C) of the Social Security Act a successor guardian may be named. The successor guardian cannot be the parent of the kinship guardianship young adult. A new JFS 00139 with a successor guardian will be entered into if all of the following are met:

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

(2) There is a successor guardian(s) named in the JFS00133 "Title IV-E Kinship Guardianship Asistance Program (KGAP) Agreement."

(3) The successor guardian(s) obtains legal guardianship through probate court.

(4) The successor guardian(s) completes a JFS 00137.

(5) The successor guardian(s) and all adults residing in the home complete and pass criminal background checks in accordance with rules 5101:2-46-05 and 5101:2-5-09.1 of the Administrative Code. The kinship guardianship young adult is excluded from this requirement.

(6) The kinship guardianship young adult continues to meet one of the eligibility requirements pursuant to paragraph (A)(3) of rule 5101:2-55-02 of the Administrative Code.

(7) The successor guardian provides documented proof of continued kinship caregiver support as required by paragraph (B)(2) of rule 5101:2-55-02 of the Administrative Code.

(J) If the kinship caregiver(s) and the kinship guardianship young adult for whom an Ohio-executed JFS 00139 is in effect reside in or move to another state, the kinship guardianship young adult will be provided Title XIX (medicaid) and Title XX (social service block grant) services by the state in which the kinship guardianship young adult resides. If any of the Title XX services specified in the JFS 00139 are not available in the state where the kinship guardianship young adult resides, ODJFS is to be responsible for securing those services.

(1) The kinship guardianship young adult will be provided with Title XX services, as specified in the JFS 00139 by the county where the kinship guardianship young adult resides.

(2) Nothing is to prevent the kinship caregiver(s) of a kinship guardianship young adult for whom a JFS 0139 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 JFS 00139. The kinship caregiver(s) may:

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

(b) Seek to amend the kinship guardianship young adults JFS 00139.

(K) The case record is to include the following information, when applicable:

(1) ODJFS's actions in determining eligibility for KGAP C21.

(2) A copy of signed JFS 00137 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Application" form(s).

(3) A copy of signed JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Agreement" form(s).

(4) A copy of kinship caregiver responsibility eligibility documentation.

(5) A copy of the ODM 6612 "Health Insurance Information Sheet."

(6) A copy of state hearing, administrative appeal, and judicial review filings.

(7) A copy of the interstate compact and adoption medical assistance forms.

(8) Documentation verifying completion of all mandatory kinship caregiver criminal record checks obtained by the PCSA prior to initiation of kinship guardianship custodian payments pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(9) A copy of kinship guardianship young adult eligibility documentation of education, employment, programs to remove barriers to employment, or verification of disability.

(10) A copy of the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" in effect with the PCSA at the time of kinship guardianship placement of the kinship guardianship young adult.

(11) A copy of JFS 00142 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Kinship Caregiver Semi-Annual Assurance of Kinship Caregiver Responsibility and Eligibility for Continued Medicaid Coverage" form(s).

(12) A copy of JFS 00141 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Young Adult Semi-Annual Assurance of Kinship Caregiver Responsibility and Eligibility for Continued Medicaid Coverage" form(s).

(13) A copy of JFS 07334 "Notice of Denial of Your Application for Assistance" form(s).

(14) A copy of JFS 00138 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Eligibility Approval" form(s).

(15) A copy of JFS 00140 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Redetermination" form(s).

(16) A copy of JFS 00144 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Continued Approval" form(s).

(17) A copy of JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination" form(s).

(L) The KGAP C21 case record is to be retained in the Ohio statewide automated child welfare information system (SACWIS).

Last updated January 3, 2023 at 9:10 AM

Supplemental Information

Authorized By: 5101.1417
Amplifies: 5101.141, 5101.1411, 5101.1416, 5101.1417
Five Year Review Date: 1/1/2028

Rule 5101:2-55-02 | Eligibility for kinship guardianship assistance program connections to twenty-one (KGAP C21).

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

(A) Pursuant to sections 5101.141 and 5101.1411 of the Revised Code, to be eligible for kinship guardianship assistance program connections to twenty-one (KGAP C21), a kinship guardianship young adult is to meet all of the following requirements:

(1) Was in the temporary, permanent, or planned permanent living arrangement custody of an Ohio public children services agency (PCSA) prior to the commitment described in paragraph (A)(2) of this rule.

(2) Was committed to the legal custody or legal guardianship of a kinship caregiver at the age of sixteen or seventeen and attained the age of sixteen before a Title IV-E kinship guardianship assistance agreement became effective.

(3) Meets one of the following requirements:

(a) Is completing secondary education or a program leading to an equivalent credential;

(b) Is enrolled in an institution that provides post-secondary or vocational education;

(c) Is participating in a program or activity designed to promote or remove barriers to employment;

(d) Is employed for at least eighty hours per month; or

(e) Is incapable of doing any of the activities described in paragraphs (A)(3)(a) to (A)(3)(d) of this rule due to a diagnosed physical or mental health condition, which incapacity is supported by updated information semi-annually.

(4) Has reached the age of eighteen and is not yet twenty-one years of age.

(5) Is continuing to receive kinship caregiver support including but not limited to providing the young adult with shelter, food, or clothing. Residing in the same physical location is not required.

(6) Is not enlisted in the military. Enlisted in the military is defined as the date of report for active duty.

(7) Is not married.

(B) The kinship caregiver(s) may apply for KGAP C21 by submitting all of the following to ODJFS:

(1) A completed JFS 00137 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Application."

(2) Documentation that the kinship guardianship young adult meets one of the eligibility requirements outlined in paragraph (A)(3) of this rule.

(3) Documentation of kinship caregiver responsibility.

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

(C) ODJFS, within thirty calendar days after a completed JFS 00137 and all necessary documentation is received, is to determine eligibility in the Ohio statewide automated child welfare information system (SACWIS) and approve or deny the KGAP C21 application.

(D) As the Title IV-E agency, ODJFS is to obtain documentation verifying completion of all kinship caregiver(s) criminal record checks secured by the PCSA prior to initiation of kinship guardianship assistance payments pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(E) If ODJFS determines a kinship guardianship young adult is eligible for KGAP C21, ODJFS is to provide the kinship caregiver(s) with the following:

(1) The JFS 00138 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Eligibility Approval" form.

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

(F) Upon determination of eligibility, ODJFS will send the JFS 00139 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Agreement" to the kinship caregiver(s) for signature. The KGAP C21 agreement is effective on the date it is signed by both the kinship caregiver(s) and ODJFS, unless a later date is indicated for the subsidy to begin as designated on the KGAP C21 agreement form "Article IX Effective Date," which will then become the effective date of the KGAP C21 agreement.

(G) The KGAP C21 agreement is binding on all parties. The terms of the KGAP C21 agreement may be amended at any time if both parties agree to the change.

(H) The KGAP C21 agreement is to remain in effect regardless of the state where the kinship caregiver(s) or the kinship guardianship young adult resides unless the KGAP C21 agreement is terminated.

(I) ODJFS is to give a copy of the signed KGAP C21 agreement and all amendments to the kinship caregiver(s) and keep the originals in the KGAP C21 case record.

(J) ODJFS, as the agency that entered into the KGAP C21 agreement, is to secure Title XIX medicaid and Title XX social services block grant services if the services are not available in the state or county where the kinship guardianship young adult resides in accordance with rule 5101:2-55-01 of the Administrative Code.

(K) Nothing will prohibit the kinship caregiver(s) and kinship guardianship young adult from seeking Title XX services available in the county of residence even if they are not specified in the KGAP C21 agreement. The kinship caregiver(s) may:

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

(2) Request to amend the KGAP C21 agreement.

(L) If ODJFS determines a kinship guardianship young adult does not meet eligibility requirements outlined in paragraph (A) of this rule, ODJFS is to provide the kinship caregiver(s) with the following:

(1) The JFS 07334 "Notice of Denial of your Application for Assistance."

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

(M) Semiannual redetermination is to be completed every one hundred eighty calendar days to maintain program eligibility for KGAP C21. The semiannual redetermination date is determined by the initial KGAP C21 effective date.

(N) No later than thirty calendar days prior to the semiannual redetermination due date, ODJFS is to provide the kinship caregiver(s) with the following forms:

(1) The JFS 00140 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Redetermination."

(2) The JFS 00142 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Kinship Caregiver Semi-Annual Assurance of Kinship Caregiver Responsibility and Eligibility for Continued Medicaid Coverage."

(3) The JFS 00141 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Young Adult Semi-Annual Assurance of Kinship Caregiver Responsibility and Eligibility for Continued Medicaid Coverage."

(O) Completed JFS 00142 and JFS 00141 forms, documentation that the kinship guardianship young adult meets one of the eligibility requirements outlined in paragraph (A)(3) of this rule, and documentation of kinship caregiver responsibility are to be received prior to the semiannual redetermination due date. Upon receipt of the required forms and documentation listed in this paragraph, ODJFS will check for continued eligibility as follows:

(1) If redetermined as eligible, ODJFS is to provide the kinship caregiver(s) with the following:

(a) The JFS 00144 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Continued Approval" form.

(b) The JFS 04059 "Explanation of State Hearing Procedures."

(2) If redetermined as ineligible, or if documentation is not received by the redetermination due date, ODJFS is to provide the kinship caregiver(s) with written notice of the proposal to terminate KGAP C21 and the right to a state hearing. ODJFS is to provide the kinship caregiver(s) with the following thirty calendar days prior to the termination date:

(a) The JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination" form.

(b) The JFS 04059 "Explanation of State Hearing Procedures."

(3) If sufficient documentation to support eligibility is received by ODJFS from the kinship caregiver(s) and/or kinship guardianship young adult prior to the termination date, ODJFS may proceed with semiannual redetermination of continued eligibility for KGAP C21.

(P) The kinship caregiver(s) and the kinship guardianship young adult are to submit the JFS 00142 and JFS 00141 semiannually and whenever there is a significant change in the kinship guardianship situation for continued eligibility.

(Q) At any time a JFS 00139 is in effect, the JFS 00139 may be amended.

(1) The kinship caregiver(s) and ODJFS may by mutual agreement amend the JFS 00139 to reflect changes for payment amount or provision of services. Upon agreement, the following is to occur:

(a) ODJFS and the kinship caregiver(s) are to sign the amended KGAP C21 agreement.

(b) ODJFS is to provide a copy of the amended KGAP C21 agreement to the kinship caregiver(s) and retain the original in the case record.

(c) ODJFS is to provide the kinship caregiver(s) with the JFS 04059.

(2) If the kinship caregiver(s) and ODJFS cannot agree on the amendment requested by the kinship caregiver(s) or ODJFS, the following is to occur:

ODJFS is to provide the kinship caregiver(s) with a JFS 07334, and a JFS 04059 explaining the right to request a state hearing.

(R) The kinship caregiver(s) is to notify ODJFS within fifteen calendar days of the date of any of the following:

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

(2) The kinship caregiver(s) or kinship guardianship young adult relocates.

(3) The kinship guardianship young adult enlists in the military.

(4) The kinship guardianship young adult has married.

(5) The kinship caregiver(s) no longer has caregiver responsibility for the kinship guardianship young adult.

(6) The kinship guardianship young adult is no longer eligible pursuant to paragraph (A) of this rule.

(S) The KGAP C21 agreement will terminate when any of the following circumstances apply:

(1) At the end of the month of the kinship guardianship young adult's twenty-first birthday.

(2) If the kinship caregiver(s) no longer has caregiver responsibility for the kinship guardianship young adult as defined in paragraph (A)(5) of this rule.

(3) If the kinship caregiver(s) requests to terminate the KGAP C21 agreement.

(4) If the kinship caregiver(s) dies and there is no successor guardian(s) named on the KGAP C21 agreement.

(5) If the kinship guardianship young adult dies.

(6) If the kinship guardianship young adult marries.

(7) If the kinship guardianship young adult enlists in the military.

(T) ODJFS will propose to terminate the KGAP C21 agreement under any of the following circumstances:

(1) ODJFS denies eligibility for KGAP C21 at semiannual redetermination.

(2) ODJFS denies the amount of monthly payment requested by the kinship caregiver(s).

(3) ODJFS proposes to terminate the payment specified on the current KGAP C21 agreement.

(4) ODJFS denies a request by the kinship caregiver(s) to amend the payment amount or provision of service terms of the current KGAP C21 agreement.

(U) If ODJFS proposes to terminate the KGAP C21 agreement due to any of the circumstances listed in paragraph (S) or (T) of this rule, ODJFS is to provide the following to the kinship caregiver(s) thirty calendar days prior to the termination date:

(1) The JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination" form.

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

(V) If ODJFS proposes to terminate the KGAP C21 agreement, and the kinship caregiver(s) has requested a state hearing, the following is to apply:

(1) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice in accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, the KGAP C21 agreement is to continue to be in effect until a state hearing decision is issued.

(2) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice and the hearing decision is favorable to the kinship caregiver(s), the KGAP C21 agreement is to remain in effect or an amended KGAP C21 agreement may be entered into by mutual agreement.

(3) If a state hearing is requested within fifteen calendar days of the mail or electronic mailing date on the notice and the hearing decision is to terminate the KGAP C21 agreement as specified in paragraph (S) or (T) of this rule, the kinship caregiver(s) is not required to return the payments received prior to the issuance of the state hearing decision.

(4) If no timely hearing is requested, the KGAP C21 agreement is to be terminated. Following the termination, the kinship caregiver(s) may reapply for KGAP C21 at any time prior to the kinship/guardianship young adult attaining the age of twenty-one.

(W) If the KGAP C21 agreement is terminated, ODJFS is to:

(1) Send the JFS 00143 "Title IV-E Kinship Guardianship Assistance Program Connections to Twenty-One (KGAP C21) Notice of Termination" form to the kinship caregiver(s).

(2) Send the ODM 07236 "Your Rights & Responsibilities as a Consumer of Medicaid Health Coverage" to the kinship caregiver(s).

Last updated January 3, 2023 at 9:10 AM

Supplemental Information

Authorized By: 5101.1417
Amplifies: 5101.141, 5101.1411, 5101.1416, 5101.1417
Five Year Review Date: 1/1/2028

Rule 5101:2-55-03 | Payments for kinship guardianship assistance program connections to twenty-one (KGAP C21).

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

(A) The maximum amount of the monthly kinship guardianship assistance program connections to twenty-one (KGAP C21) payment is to be equal to or less than the kinship guardianship assistance program (KGAP) payment that was provided to the kinship caregiver at the time of the young adult being committed to their legal custody or guardianship, unless the Ohio department of job and family services (ODJFS) and the family agree to negotiate a lower monthly rate.

(B) If the kinship/guardianship young adult receives supplemental social security income (SSI) benefits, the kinship/guardianship young adult may receive KGAP C21 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 KGAP C21 payment amount. It is the responsibility of the kinship/guardianship custodian(s) to advise the social security administration that the kinship/guardianship young adult is in receipt of KGAP C21 funds.

(C) If ODJFS and the kinship caregiver(s) cannot mutually agree on the monthly KGAP C21 payment amount after negotiating for at least thirty days, ODJFS is to provide the kinship caregiver(s) with the following:

(1) A written notice which is to contain a clear and understandable statement that all parties were not in agreement and the right to a state hearing.

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

Last updated January 3, 2023 at 9:10 AM

Supplemental Information

Authorized By: 5101.1417
Amplifies: 5101.141, 5101.1411, 5101.1416, 5101.1417
Five Year Review Date: 1/1/2028