Section 5101.802 | Kinship permanency incentive program.
(A) As used in this section:
(1) "Custodian," "guardian," and "minor child" have the same meanings as in section 5107.02 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code.
(3) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code.
(B) Subject to division (E) of section 5101.801 of the Revised Code, there is hereby created the kinship permanency incentive program to promote permanency for a minor child in the legal and physical custody of a kinship caregiver. The program shall provide an initial one-time incentive payment to the kinship caregiver to defray the costs of initial placement of the minor child in the kinship caregiver's home. The program may provide additional permanency incentive payments for the minor child at six-month intervals, based on the availability of funds. An eligible caregiver may receive a maximum of eight incentive payments per minor child.
(C) A kinship caregiver may participate in the program if all of the following requirements are met:
(1) The kinship caregiver applies to a public children services agency in accordance with the application process established in rules authorized by division (E) of this section;
(2) Not earlier than July 1, 2005, a juvenile court issues an order granting legal custody to the kinship caregiver, or a probate court grants guardianship to the kinship caregiver, except that a temporary court order is not sufficient to meet this requirement;
(3) The kinship caregiver is either the minor child's custodian or guardian;
(4) The minor child resides with the kinship caregiver pursuant to a placement approval process established in rules authorized by division (E) of this section;
(5) Excluding any income excluded under rules adopted under division (E) of this section, the gross income of the kinship caregiver's family, including the minor child, does not exceed three hundred per cent of the federal poverty guidelines.
(6) The kinship caregiver is not receiving kinship guardianship assistance under Title IV-E of the "Social Security Act," 42 U.S.C. 673(d), as amended, or the program described in section 5101.1411 of the Revised Code or the program described in section 5153.163 of the Revised Code.
(D) Public children services agencies shall make initial and ongoing eligibility determinations for the kinship permanency incentive program in accordance with rules authorized by division (E) of this section. The director of job and family services shall supervise public children services agencies' duties under this section.
(E) The director of job and family services shall adopt rules under division (C) of section 5101.801 of the Revised Code as necessary to implement the kinship permanency incentive program. The rules shall establish all of the following:
(1) The application process for the program;
(2) The placement approval process through which a minor child is placed with a kinship caregiver for the kinship caregiver to be eligible for the program;
(3) The initial and ongoing eligibility determination process for the program, including the computation of income eligibility;
(4) The amount of the incentive payments provided under the program;
(5) The method by which the incentive payments are provided to a kinship caregiver.
(F) The amendments made to this section by Am. Sub. H.B. 119 of the 127th general assembly shall not affect the eligibility of any kinship caregiver whose eligibility was established before June 30, 2007.
Last updated September 27, 2023 at 10:47 AM
Available Versions of this Section
- September 17, 2014 – House Bill 213 - 130th General Assembly [ View September 17, 2014 Version ]
- September 29, 2017 – Amended by House Bill 49 - 132nd General Assembly [ View September 29, 2017 Version ]
- September 30, 2021 – Amended by House Bill 110 - 134th General Assembly [ View September 30, 2021 Version ]
- January 1, 2025 – Amended by House Bill 33 - 135th General Assembly [ View January 1, 2025 Version ]