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