reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-03 - Public children services agency (PCSA) administration of the state adoption maintenance subsidy program

Current through all regulations passed and filed through July 1, 2024
(A) A public children services agency (PCSA)
			 is responsible for the administration and determination of eligibility for the
			 state adoption maintenance subsidy. The PCSA shall:
(1) Provide the JFS 01613 "Application for
			 State Adoption Maintenance Subsidy" (rev.
			 
									4/2019) to any prospective adoptive parent(s) of a
			 child in the custody of a PCSA or private child placing agency (PCPA) or upon
			 request.
(2) Determine whether the
			 adoptive child meets the special needs criteria for a state adoption
			 maintenance subsidy as described in rule 5101:2-44-06 of the Administrative Code and document
			 the special needs of the child on the JFS 01615 "Approval for State Adoption Maintenance Subsidy
			 " (rev. 
									4/2019). If
			 the agency determines the child does not meet the special needs criteria for a
			 state adoption maintenance subsidy, the PCSA shall document the reason for this
			 determination on the JFS 07334 "Notice of Denial of Your Application for
			 Assistance" (rev. 9/2011).
(3)
			 Determine whether the child has or does not have a special need for medical,
			 mental health, or rehabilitative care in accordance with rule 5101:2-44-05.1 of
			 the Administrative Code and document on the JFS 01449 "Determination of Special
			 Needs For Medical, Mental Health or Rehabilitative Care" (rev.
			 7/2016).
(4) Determine the adoptive child's
			 eligibility status within forty-five days of receipt of a complete state
			 adoption maintenance subsidy application packet. A complete packet will contain
			 a JFS 01613, JFS 01654 "Adoptive Placement Agreement" (rev.
			 02/2017), if applicable, and the child study
			 inventory. Any other information that may help in determining the special needs
			 and resource needs of the child may be included in the packet.
(5) Notify the adoptive parent of the
			 approval or denial of the state adoption maintenance subsidy within fifty days
			 of receipt of a complete state adoption maintenance subsidy application packet
			 with the JFS 01615 or the JFS 07334 "Notice of Denial
			 of your application for Assistance" (rev. 9/2011). The state adoption
			 maintenance subsidy application shall be approved or denied prior to the
			 adoption finalization.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-05.1 - Medicaid eligibility for children with special needs

Current through all regulations passed and filed through July 1, 2024
(A) An adoptive
			 child in receipt of a JFS 01615 "Approval for
			 State Adoption Maintenance Subsidy " (rev. 
								4/2019) may be
			 eligible for  medicaid as outlined in rule
								5160:1-4-06 of the Administrative Code based only upon
			 the child's income, resources, and special needs for medical, mental health, or
			 rehabilitative care.
(B) In order
			 for an adoptive child to be considered a child with special needs for medical,
			 mental health, or rehabilitative care, the public children services agency
			 (PCSA) responsible for determining state adoption maintenance subsidy program
			 eligibility shall determine that, at the time of adoptive placement, the child
			 has a medical necessity as defined in rule
			 5160-1-01
			 of the Administrative Code. The medical necessity includes at least one of the
			 following needs or circumstances that may be a barrier to the adoptive
			 placement without medical assistance because the child:
(1) Has a medical condition, physical
			 impairment, or developmental disability.
(2) Has been diagnosed with a mental disorder
			 as characterized by a behavioral, psychological, or biological
			 dysfunction.
(3) Has been diagnosed
			 with a substance-related disorder.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-05.2 - Medicaid eligibility for state adoption subsidy recipient moving from or to Ohio

Current through all regulations passed and filed through July 1, 2024
(A) Residence in Ohio is a requirement for
			 medicaid as outlined in rule
			 5160:1-4-06
			 of the Administrative Code. An adoptive child with special needs who is in
			 receipt of an Ohio-executed state adoption subsidy and who does not live in
			 Ohio is not eligible for Ohio medicaid even if the subsidy payment
			 continues.
(B) An adoptive child
			 described in paragraph (A) of this rule may be eligible for medicaid in the new
			 residence state if one of the following applies:
(1) The new residence state has elected, in
			 its state medicaid plan, the state option for its state adoption subsidy
			 children.
(2) The new residence
			 state and the Ohio department of job and family services (ODJFS) are parties to
			 an interstate agreement for reciprocal medicaid coverage of state adoption
			 subsidy children.
(3) The new
			 residence state elects in its state medicaid plan to reciprocate with all
			 states for medicaid coverage of state adoption subsidy children, whether or not
			 the states are parties to an interstate agreement.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-06 - Eligibility for the state adoption maintenance subsidy program

Current through all regulations passed and filed through July 1, 2024
(A) The following
			 criteria shall be met for a child to be determined eligible
			 to enter into an agreement for
			  state adoption maintenance subsidy
			 (SAMS) :
(1) The child is in the permanent custody of
			 a public children services agency (PCSA) or a private child placing agency
			 (PCPA) and is legally available for adoption.
(2) The adoptive parent(s) has applied for
			 the Title IV-E adoption assistance program, and the adoptive child has been
			 determined ineligible in accordance with rules
			 5101:2-49-02 and
			 5101:2-49-02.1 of the
			 Administrative Code. Eligibility for reimbursement of nonrecurring adoption
			 expenses pursuant to rule
			 5101:2-49-21 of the
			 Administrative Code does not constitute eligibility for Title IV-E adoption
			 assistance.
(3) The child is
			 either:
(a) Under the age of
			 eighteen.
(b) Between eighteen and
			 twenty-one years of age and is mentally or physically disabled as diagnosed by
			 a qualified professional.
(4) A PCSA or PCPA has
			 approved the adoptive parent for adoptive placement pursuant to rule
			 5101:2-48-16 of the
			 Administrative Code. If a PCPA approved the adoptive placement, the PCPA shall
			 provide the PCSA with the following:
(a) The
			 JFS 01673 "Assessment for Child Placement (Homestudy)"
			  or the JFS 01692
			 "Application for Adoption of a Foster Child or Sibling Group."
(b) JFS 01654
			 "Adoptive Placement Agreement."
(c) JFS 01616 "Social and Medical History."
(d) Child study
			 inventory.
(5) In addition to the
			 criteria listed in this paragraph, the agency has determined the following:
(a) The adoptive family has the capability of
			 providing the permanent family relationships needed by the child.
(b) The needs of the child are beyond the
			 economic resources of the adoptive family.
(c) The acceptance of the child as a member
			 of the adoptive parent's family would not be in the child's best interest
			 without state adoption maintenance subsidy payments.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-07 - Public children services agency (PCSA) eligibility determinations for state adoption subsidy. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded and replaced by rule
				5101:2-44-03,
				eff 7-1-04
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-07.1 - Post adoption special services subsidy. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded and replaced by rules
				5101:2-44-13
				and 5101:2-44-13.1, eff 7-1-04
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-08 - Redetermination and amendment of a state adoption maintenance subsidy

Current through all regulations passed and filed through July 1, 2024
(A) This rule does
			 not apply when the Ohio department of job and family services (ODJFS)
			 determines that state funds are not available to maintain the state adoption
			 maintenance subsidy (SAMS) program at the current maximum monthly funding
			 level. At the beginning of each state fiscal year, the ODJFS shall issue a
			 procedure letter that identifies the maximum monthly funding level for the
			 SAMS.
(B) The public children
			 services agency (PCSA) shall complete a redetermination of each SAMS one year
			 from the initial effective date of the JFS 01615 "State Adoption Maintenance
			 Subsidy Agreement."
(C) Redeterminations shall include the
			 following:
(1) The PCSA shall provide written
			 notice of the redetermination to the adoptive parent(s) at least ninety days
			 prior to the annual redetermination date of the JFS 01615.
(2) The redetermination notice shall request
			 the adoptive parent(s) return the following applicable documents within
			 forty-five days of the annual redetermination date:
(a) The most recent U.S. department of
			 internal revenue service (IRS) income tax form.
(b) Proof of receipt of benefits from the
			 social security administration.
(c)
			 Proof of receipt of workers compensation.
(d) Any other income verification from other
			 providers including pension benefits.
(e)
										Grant funds
			 received in accordance with rule
			 5101:2-44-15 of the
			 Administrative Code are not to be considered when reviewing the verification of
			 the family's annual gross income.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-09 - Requirements for the state adoption special services subsidy program approved before July 1, 2004

Current through all regulations passed and filed through July 1, 2024
(A) For state adoption special services
			 subsidy approvals in effect before July 1, 2004, the public children services
			 agency (PCSA) may continue to provide the state adoption special services
			 subsidy based upon the adoptive child's continued need for developmental,
			 medical, or mental health services.
(B) If the PCSA elects to continue the state
			 adoption special services subsidy program, as outlined in rule
			 5101:2-44-03
			 of the Administrative Code, for approvals in effect before July 1, 2004, the
			 PCSA shall redetermine the state adoption special services subsidy under the
			 following circumstances:
(1) Annually, or
			 more often than annually upon written request of the adoptive parent.
(2) When the PCSA is aware of substantial
			 changes in the adoptive family's economic resources or the adoptive child's
			 special need(s).
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-10 - Suspension of a state adoption maintenance subsidy

Current through all regulations passed and filed through July 1, 2024
(A) The PCSA shall
			 suspend the state adoption maintenance subsidy (SAMS) if any of the following
			 circumstances occur:
(1) Twelve months have
			 elapsed from the initial issuance of the SAMS payments and no adoption
			 finalization has occurred, unless the final adoption decree is delayed by
			 proceedings or action under the jurisdiction of the court.
(2) The adoptive parent's annual gross income
			 exceeds one hundred and twenty per cent of the median income of a family of the
			 same size.
									Included in the family size count
			 is the adoptive child, pursuant to rule
			 5101:2-44-06
			 of the Administrative Code.
(3) The
			 adoptive parent(s) fails to comply with a redetermination of eligibility
			 pursuant to rule
			 5101:2-44-08
			 of the Administrative Code.
(4) The
			 adoptive child enters military service.
(5) The adoptive parent(s) requests
			 suspension.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-11 - Termination of a state adoption maintenance subsidy

Current through all regulations passed and filed through July 1, 2024
(A) The public
			 children services agency (PCSA) shall terminate the state adoption maintenance
			 subsidy (SAMS) if any of the following circumstances occur:
(1) The adoptive child's death.
(2) The adoptive parent is no longer
			  financially
			 
									supporting the child. An adoptive parent(s) is
			 financially supporting the child if the adoptive parent(s) provides the child
			 with shelter, food and clothing or child support.
(3) The adoptive child does one of the
			 following:
(a) Reaches the age of
			 eighteen.
(b) Reaches age
			 twenty-one and has been eligible because the child is mentally or physically
			 disabled.
(4) The terms
			 of the state adoption maintenance subsidy have been fulfilled.
(5) Six months have elapsed from the
			 redetermination date and the adoptive parent fails to comply with a
			 redetermination of eligibility pursuant to rule
			 5101:2-44-08
			 of the Administrative Code.
(6) The
			 adoptive parent(s) requests termination.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-12 - State adoption maintenance subsidy records

Current through all regulations passed and filed through July 1, 2024
(A) The public children services agency
			 (PCSA) shall establish a state adoption maintenance subsidy record for each child's
			 application for a state adoption maintenance subsidy (SAMS).
(B) The state adoption maintenance subsidy
			 record shall contain all information applicable to the adoption maintenance
			 subsidy including, but not limited to the following:
(1) JFS 01654 "Adoptive Placement Agreement"
			 (rev. 2/2017).
(2) JFS 01613 "Application for State Adoption
			 Maintenance Subsidy" (rev.
			 
									4/2019).
(3) Copy of the Title IV-E adoption
			 assistance denial to include the JFS 01451 "Title IV-E Adoption Assistance
			 Application" (rev. 
									12/2015), 
									JFS 01451-B "Title IV-E Adoption
			 Assistance Annual Assurance of Legal Responsibility, School Attendance and
			 Eligibility for Continued Medicaid Coverage" (rev. 12/2015) and the JFS
			 07334 "Notice of Denial of Your Application for
			 Assistance" (rev. 9/2011).
(4) Documentation of the adoptive child's
			 special needs.
(5) Verification of
			 family's annual gross income at initial application and
			 redeterminations.
(6) JFS 01615
			 "Approval for State Adoption Maintenance Subsidy
			 Agreement" (rev. 4/2019).
(7) JFS 01614 "Redetermination or Amendment
			 of a State Adoption Maintenance Subsidy" (
									4/2019).
(8) Any JFS 04065
			 "Prior Notice of the Right to a State Hearing" (rev. 5/2001) or JFS 07334
			 , if applicable.
(9) JFS 01449
			 "Determination of Special Needs for Medical, Mental Health or Rehabilitative
			 Care" (rev. 7/2016) to determine whether the child has or does not
			 have special needs for medical, mental health, or rehabilitative
			 care.
(10) Copy of the final decree of adoption.
(11)
			 Case notes and dictations concerning the activities of the state adoption
			 maintenance subsidy case.
(12)
			 Requests for and findings of any state hearings or administrative appeals
			 conducted pursuant to section
			 5101.35 of the Revised Code and
			 division 5101:6 of the Administrative Code.
(13) Child study
			 inventory.
(14)
			 JFS 01616 "Social and Medical History" (rev. 6/2009).
(15)
			 JFS 01673 "Assessment for Child Placement (Homestudy) "(rev.
			 12/2014) or JFS 01692 "Application for Adoption of a
			 Foster Child
									or
			 Sibling Group" (rev. 12/2014).
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-13 - Administration of the post adoption special services subsidy (PASSS) program

Current through all regulations passed and filed through July 1, 2024
(A)
								The Ohio department of job and family services (ODJFS)
			 is responsible for the administration and determination of eligibility for the
			 post adoption special services subsidy (PASSS) program. The department may
			 contract with another person to carry out any of the duties described in this
			 rule.
(B)
								An adoptive family seeking a post adoption special
			 service subsidy is to:
(1)
									Submit a JFS 01050 "Application for Post Adoption
			 Special Services Subsidy" online at
https://ohiokan.jfs.ohio.gov/
or
(2)
									Make contact with
			 the Ohio kinship and adoption navigator (OhioKAN) program by phone, email or in
			 person.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-44 - State Adoption Subsidy Program › Section 5101:2-44-15 - Administration and eligibility for the Ohio adoption grant program

Current through all regulations passed and filed through July 1, 2024
(A)
								The Ohio adoption grant program is a one-time payment
			 per child provided to eligible adoptive parents for qualifying adoptions
			 finalized on or after January 1, 2023, as long as state funds are available. In
			 the event state funding is no longer available, the Ohio adoption grant program
			 will close to new applications until additional funds are secured or July first
			 of the following state fiscal year (SFY), whichever occurs first. Once state
			 funds have been exhausted, the Ohio department of job and family services
			 (ODJFS) is not to be held responsible for payment of grant payments for
			 applications that have not been approved.
(B)
								As used in this
			 rule the following have the same meaning as in section
			 5101.19 of the Revised
			 Code:
(1)
									Adopted child;
(2)
									Adoption;
(3)
									Adoptive
			 parent;
(4)
									Casework services;
(5)
									Foster
			 caregiver;
(6)
									Qualified professional;
(7)
									Special
			 needs.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-45 - Title IV-E Candidate for Family First Prevention Services (FFPS) Program › Section 5101:2-45-01 - Administration of the Title IV-E candidate for family first prevention services (FFPS) program

Current through all regulations passed and filed through July 1, 2024
(A)
								The primary
			 objectives of the Title IV-E candidate for FFPS program are:
(1)
									To help keep
			 children at imminent risk of removal safely with their families and avoid the
			 traumatic experience of entering foster care.
(2)
									To emphasize the
			 importance of children growing up in families.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-45 - Title IV-E Candidate for Family First Prevention Services (FFPS) Program › Section 5101:2-45-02 - Title IV-E candidate for family first prevention services (FFPS) program eligibility

Current through all regulations passed and filed through July 1, 2024
(A)
								The Title IV-E
			 agency may provide FFPS to eligible candidates and the child's parent(s) or
			 kinship caregiver(s). FFPS for a child who is able to remain safely in the home
			 of a parent(s) or kinship caregiver(s), with at least one identified approved,
			 evidencebased practice service in place, is to be reimbursed to the Title IV-E
			 agency as outlined in rule 5101:2-45-03 of the Administrative Code. Kinship
			 caregiver(s) has the same meaning as in section
			 5101.85
			 of the Revised Code.
(B)
								A candidate for FFPS is a child, who has a screened-in
			 report, is not in the legal responsibility for the care and placement/custody
			 of a Title IV-E agency, is at imminent risk of removal, and at least one of the
			 following apply:
(1)
									A child who has an open in-home child welfare case and
			 is receiving services. This includes the following types of open in-home
			 cases:
(a)
										Court ordered protective supervision.
(b)
										Voluntary
			 cases.
(c)
										Children with an in or out of home (including with
			 kinship caregiver(s)) safety plan.
(d)
										Children
			 receiving services from at least one other system in the community which may
			 include but is not limited to juvenile justice, behavioral health, or
			 developmental disabilities.
(e)
										Infants
			 identified as being substance exposed or as being substance affected by abuse
			 of legal or illegal substances, withdrawal symptoms, or a fetal alcohol
			 spectrum disorder who have assessed safety factors and risk
			 contributors.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-45 - Title IV-E Candidate for Family First Prevention Services (FFPS) Program › Section 5101:2-45-03 - Reimbursement for Title IV-E candidate for family first prevention services (FFPS) program

Current through all regulations passed and filed through July 1, 2024
(A)
								FFPS are to be at
			 least one of the following reimbursable types of services, provided by a
			 culturally competent qualified provider(s) who provides diverse and equitable
			 services, that have been rated and approved by the Title IV-E prevention
			 services clearinghouse
https://preventionservices.abtsites.com/
, are identified in the state's five-year Title IV-E FFPS
			 program plan and are provided by an approved provider through the center of
			 excellence (COE):
(1)
									Mental health services.
(2)
									Substance abuse
			 prevention and treatment services.
(3)
									In-home parent
			 skilled-based programs, which include parenting skills training, parent
			 education and individual and family counseling, which do not have to be
			 delivered in the home.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-45 - Title IV-E Candidate for Family First Prevention Services (FFPS) Program › Section 5101:2-45-04 - Title IV-E candidate for foster care

Current through all regulations passed and filed through July 1, 2024
(A) In order for the child to be considered a
			 
								Title
			 IV-E candidate for foster care, the Title IV-E agency's involvement with
			 the child and family is to be for the specific purpose of either removing the
			 child from the home or satisfying the reasonable efforts judicial requirement
			 with regard to preventing removal.
(B) A 
								Title
			 IV-E candidate for foster care is a child who is at imminent risk of
			 removal from the home into foster care as
			 evidenced by the Title IV-E agency either pursuing the child's removal from the
			 home or making reasonable efforts to prevent such removal.
(C) The Title IV-E agency has decided that,
			 absent these preventive services, the placement for the child would be foster
			 care. A child is not a 
								Title IV-E candidate for foster care when the
			 planned out-of-home placement for the child is an arrangement outside of foster
			 care, such as a juvenile detention facility.
(D)
								Title IV-E
			 agencies are to document each child's eligibility for Title IV-E candidacy in
			 the Ohio statewide automated child welfare information system
			 (SACWIS).
(E) The case record is
			 to document eligibility for 
								Title IV-E candidacy by meeting the requirements
			 listed under paragraph 
								(E)(1) or 
								(E)(2) of this
			 rule:
(1) A defined case plan that:
(a) Is developed jointly with the parent(s)
			 or  caregiver(s) of the
			 child.
(b) Lists the description of
			 services offered and provided to prevent the removal of the child from the home
			 into foster care.
(c) States the goal of the child is foster
			 care, if the services described in the plan are not effective.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-01 - Administration of the Title IV-E kinship guardianship assistance program (KGAP)

Current through all regulations passed and filed through July 1, 2024
(A) The primary objectives of the KGAP
			 program are to:
(1) Facilitate another
			 permanency planning option for children who it has been determined that
			 reunification and adoption are not appropriate options for the child;
			 and
(2) Assist kinship caregiver(s)
			 who have a strong commitment to caring permanently for the child.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-02 - Title IV-E kinship guardianship assistance program (KGAP) eligibility criteria

Current through all regulations passed and filed through July 1, 2024
(A)
								For the purposes
			 of Chapter 5101:2-46 of the Administrative Code, "kinship caregiver" has the
			 same meaning as in rule
			 5101:2-1-01
			 of the Administrative Code and including any individual who meets one of the
			 following:
(1)
									An individual who had an existing relationship with the
			 child or the child's family that is similar to a familial relationship prior to
			 the child's placement into substitute care; or
(2)
									An individual who
			 is a member of a child's current foster family that does not wish to pursue
			 adoption of the child, but a court has made a finding pursuant to sections
			 2151.4119 and 2151.4120 of the Revised Code that the child's current foster
			 home has a kin relationship with the child.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-03 - Initial determination of the Title IV-E kinship guardianship assistance program (KGAP) monthly payment amount

Current through all regulations passed and filed through July 1, 2024
(A)
								The monthly
			 amount of the KGAP payment is determined by negotiation and mutual agreement
			 between the kinship caregiver(s) and Ohio department of job and family services
			 (ODJFS).
(B)
								KGAP payments are to be negotiated as follows:
(1)
									The amount of the
			 monthly KGAP payment for a child is not to exceed the current cost of the
			 monthly foster care maintenance (FCM) payment that was paid or would have been
			 paid if the child had been placed in a foster home.
(2)
									The KGAP payment
			 for a child is to be eighty per cent of the child's current foster care per
			 diem unless this would result in a KGAP payment of less than three hundred
			 fifty dollars.
(3)
									For any child for whom the requirement in paragraph
			 (B)(1) of this rule would result in a KGAP payment of less than three hundred
			 fifty dollars, the KGAP payment is to be three hundred fifty dollars or the
			 child's current foster care per diem amount, whichever is
			 lower.
(4)
									ODJFS and the kinship caregiver can mutually agree to
			 negotiate a lower payment of three hundred fifty dollars.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-04 - Title IV-E kinship guardianship assistance program (KGAP) agreement and duration: provision for financial support and services

Current through all regulations passed and filed through July 1, 2024
(A)
								The kinship
			 caregiver(s), the public children services agency (PCSA) director or designee
			 and Ohio department of job and family services (ODJFS) are to negotiate and
			 enter into a written, binding KGAP agreement with the prospective kinship
			 caregiver(s) of a child who meets the requirements. All parties will review,
			 sign and date the JFS 00133 "Title IV-E Kinship Guardianship Assistance Program
			 (KGAP) Agreement" prior to the court issuing an order granting legal
			 custody/guardianship. The PCSA responsible for determining eligibility for KGAP
			 is also responsible for signing the JFS 00133.
(B)
								The agreement is
			 to specify, at a minimum:
(1)
									The amount of, and manner in which, each kinship
			 guardianship assistance payment will be provided under the agreement, and the
			 manner in which the payment may be adjusted periodically, in consultation with
			 the relative guardian, based on the circumstances of the kinship caregiver(s)
			 and the needs of the child.
(2)
									The additional
			 services and assistance that the child and kinship caregiver(s) will be
			 eligible for under the agreement.
(3)
									The procedure by
			 which the kinship caregiver(s) may apply for additional services as
			 needed.
(4)
									That the state/tribal agency will pay the total cost of
			 nonrecurring expenses associated with obtaining legal guardianship of the
			 child, to the extent the total cost does not exceed two thousand
			 dollars.
(5)
									That the agreement is to remain in effect without
			 regard to the state/tribal service area residency of the kinship
			 caregiver(s).
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-05 - Title IV-E kinship guardianship assistance program (KGAP) monthly payments

Current through all regulations passed and filed through July 1, 2024
(A)
								KGAP monthly
			 payments are to begin when there is a mutually agreed upon KGAP agreement and
			 all eligibility criteria outlined in rule 5101:2-46-02 of the Administrative
			 Code have been met.
(B)
								Ohio department of job and family services (ODJFS) is
			 to enter the KGAP payment information into the Ohio statewide automated child
			 welfare information system (SACWIS). The payment is to be in the form of a
			 warrant or electronic funds transfer (EFT) made to the kinship
			 caregiver(s).
(C)
								If an overpayment or an underpayment of a KGAP payment
			 occurs, the ODJFS is to take immediate action to correct either situation as
			 soon as information is received.
(1)
									An underpayment occurs when one of the following
			 circumstances exists:
(a)
										The kinship caregiver(s) of a KGAP child does not
			 receive a payment they are entitled to according to the current
			 agreement.
(b)
										The kinship caregiver(s) of a KGAP child receives a
			 payment less than the amount they are entitled to according to the current
			 agreement.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-06 - Title IV-E kinship guardianship assistance program (KGAP) ongoing verification

Current through all regulations passed and filed through July 1, 2024
(A)
								Ohio department
			 of job and family services (ODJFS) is to provide the kinship caregiver(s) with
			 the JFS 00136 "Title IV-E Kinship Guardianship Assistance Program (KGAP) annual
			 assurance of legal responsibility, school attendance and eligibility for
			 continued Medicaid coverage" annually or whenever impacting eligibility
			 criterion.
(B)
								For a child who has attained the minimum age for
			 compulsory school attendance, ODJFS is to assure that the child's KGAP case
			 record contains documentation of one of the following:
(1)
									A child is
			 enrolled full-time, or in the process of enrolling full-time, in an institution
			 providing elementary or secondary education.
(2)
									A child is
			 instructed in elementary or secondary education at home full-time in accordance
			 with the home school law of the state where the kinship caregiver(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 KGAP case record of the
			 child.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-07 - Amendment of the Title IV-E kinship guardianship assistance program (KGAP) agreement

Current through all regulations passed and filed through July 1, 2024
(A)
								Prior to the
			 expiration date of the JFS 00133 "Title IV-E Kinship Guardianship Assistance
			 Program (KGAP) Agreement," the kinship caregiver(s), the public children
			 services agency (PCSA) director or designee and Ohio department of job and
			 family services (ODJFS) by mutual agreement amend the JFS 00133. The amended
			 agreement is to meet all other requirements of rule 5101:2-46-04 of the
			 Administrative Code.
(B)
								Any request for an amendment to the KGAP agreement is
			 to contain newly documented needs of the child or circumstances of the kinship
			 caregiver(s) that were not previously subject to the current
			 agreement.
(C)
								By mutual agreement between the kinship caregiver(s)
			 and ODJFS pursuant to rule 5101:2-46-04 of the Administrative Code, the kinship
			 caregiver(s) may amend the agreement to change the successor guardian at any
			 time.
(D)
								At any time while the JFS 00133 is in effect, the
			 kinship caregiver(s) and ODJFS may agree to amend the payment amount or
			 provision for services. If an amendment is requested:
(1)
									The JFS 00133 is
			 to be entered into by mutual agreement between the kinship caregiver(s) and
			 ODJFS pursuant to rule 5101:2-46-04 of the Administrative Code.
(2)
									ODJFS and kinship
			 caregiver(s) are to sign the amended agreement.
(3)
									The agreement is
			 to meet all requirements of rules 5101:2-46-03 and 5101:2-46-04 of the
			 Administrative Code.
(4)
									ODJFS is to give a copy of the amended agreement to the
			 kinship caregiver(s) and retain a copy in the child's case
			 record.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-08 - Suspension of Title IV-E kinship guardianship assistance program (KGAP) payment

Current through all regulations passed and filed through July 1, 2024
(A)
								Ohio department
			 of job and family services (ODJFS) may suspend the KGAP payment when the
			 following occur:
(1)
									If ODJFS cannot establish contact with the kinship
			 caregiver(s) to determine if the kinship caregiver(s) is still legally
			 responsible for the support of the child; and
(2)
									If ODJFS can
			 document efforts to contact the kinship caregiver(s) to determine what support
			 is provided to the child. Efforts include various methods to make contact with
			 the kinship caregiver(s) such as telephone calls, mailings, texts, and emails;
			 or
(3)
									A Title IV-E agency has assumed legal responsibility
			 for the care and placement/custody of the child.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-09 - Termination of a Title IV-E kinship guardianship assistance program (KGAP) agreement

Current through all regulations passed and filed through July 1, 2024
(A)
								Ohio department
			 of job and family services (ODJFS) is to terminate the JFS 00133 "Title IV-E
			 Kinship Guardianship Assistance Program (KGAP) Agreement" in any of the
			 following circumstances:
(1)
									At the end of the month of the child's eighteenth
			 birthday.
(2)
									The kinship caregiver(s) has not contacted ODJFS and
			 provided documentation that meets the ongoing verification requirement within
			 ninety days of the notice to suspend a KGAP payment pursuant to rule
			 5101:2-46-08 of the Administrative Code.
(3)
									If the child is
			 no longer receiving any support from the kinship caregiver(s) as defined in
			 paragraph (B) of this rule.
(4)
									If the kinship
			 caregiver(s) is no longer legally responsible for supporting the child as
			 defined in paragraph (C) of this rule.
(5)
									If a court of
			 competent jurisdiction has terminated legal custody/guardianship of the kinship
			 caregiver(s) or the kinship caregiver(s) has voluntarily surrendered legal
			 custody/guardianship.
(6)
									If the kinship caregiver(s) requests termination of the
			 KGAP benefits.
(7)
									If the kinship caregiver(s) is
			 deceased.
(8)
									If a new agreement was established with the successor
			 guardian upon the kinship caregiver(s) death or incapacitation.
(9)
									If the child is
			 deceased.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-10 - Case record requirements for Title IV-E kinship guardianship assistance program (KGAP)

Current through all regulations passed and filed through July 1, 2024
(A)
								Ohio department
			 of job and family services (ODJFS) is to maintain a KGAP case record that is
			 available upon request.
(B)
								The case record is to contain documentation which
			 supports the public children services agency (PCSA) actions in determining
			 eligibility for KGAP. The case record is to include the following information,
			 when applicable:
(1)
									A copy of the signed JFS 00131 "Title IV-E Kinship
			 Guardianship Assistance Program (KGAP) Application for Initial Eligibility,"
			 even if the kinship caregiver(s) declines.
(2)
									A copy of the
			 signed JFS 00133 "Title IV-E Kinship Guardianship Assistance Program (KGAP)
			 Agreement."
(3)
									A copy of the KGAP eligibility determination in the
			 Ohio statewide automated child welfare information system
			 (SACWIS).
(4)
									A copy of each signed JFS 00136 "Title IV-E Kinship
			 Guardianship Assistance Program (KGAP) Annual Assurance of Legal
			 Responsibility, School Attendance and Eligibility for Continued Medicaid
			 Coverage."
(5)
									A copy of the ODM 06612 "Health Insurance Information
			 Sheet," as completed by the kinship caregiver(s).
(6)
									A copy of the ODM
			 06613 "Accident/Injury Insurance Information," as completed by the kinship
			 caregiver(s).
(7)
									A copy of the ODM 03528 "Healthchek and Pregnancy
			 Related Services information Sheet," as applicable.
(8)
									A copy of the
			 journalized court order granting the kinship caregiver(s) legal
			 custody/guardianship.
(9)
									A copy of the documentation evidencing repayment of any
			 identified KGAP overpayment.
(10)
									A copy of all
			 state hearing, administrative appeal, and judicial review
			 documentation.
(11)
									A copy of the interstate compact and KGAP medical
			 assistance forms.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-11 - Title XIX medicaid coverage for Title IV-E kinship guardianship assistance program (KGAP) eligible children

Current through all regulations passed and filed through July 1, 2024
(A)
								A child eligible
			 for KGAP, is eligible for Title XIX medicaid coverage beginning with the
			 effective date of the JFS 00133 "Title IV-E Kinship Guardianship Assistance
			 Program (KGAP) Agreement."
(B)
								Ohio department
			 of job and family services (ODJFS) is to inform the kinship caregiver(s) that
			 they are to notify ODJFS within fifteen calendar days after moving to another
			 county or state.
(C)
								The kinship caregiver(s) is to cooperate with ODJFS to
			 assure that a move out-of-state complies with any applicable interstate
			 requirements pursuant to rule 5101:2-44-05.2 of the Administrative Code.
			 Failure to notify ODJFS may result in the interruption of Title XIX medical
			 coverage.
(D)
								For a child with a KGAP agreement in effect who moves
			 or resides out-of-state, the following is to apply:
(1)
									After seven
			 business days after ODJFS is notified by the kinship caregiver(s) that the KGAP
			 eligible child is moving to or residing in another state, ODJFS is to transfer
			 Title XIX medical coverage to the state of residence by:
(a)
										Completing and
			 forwarding the current signed and dated JFS 00133 to the Ohio department of job
			 and family services (ODJFS) interstate compact and medical assistance (ICAMA)
			 state administrator pursuant to rule 5101:2-44-05.2 of the Administrative
			 Code.
(b)
										Providing notification to the kinship caregiver(s) of
			 Ohio's intent to terminate the Title XIX medical coverage. Notification is to,
			 at a minimum, include all of the following:
(i)
											The effective
			 termination date of Ohio's Title XIX medical coverage.
(ii)
											A completed JFS
			 04065 "Prior Notice of Right To A State Hearing."
(iii)
											A statement
			 that the child will continue to receive KGAP payments from Ohio or, if no
			 payments are being made, a statement that the JFS 00133 "Title IV-E Kinship
			 Guardianship Assistance Program (KGAP) Agreement" remains in effect and Title
			 XIX medical coverage will be provided by the state in which the child
			 resides.
(c)
										Terminating the medical coverage in the Ohio statewide
			 automated child welfare information system (SACWIS).
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-12 - Reimbursement of Title IV-E nonrecurring kinship guardianship assistance program (KGAP) expenses

Current through all regulations passed and filed through July 1, 2024
(A) The following definitions are applicable
			 to this rule and supersede any definition contained in rule
			 5101:2-1-01 of the
			 Administrative Code.
(1) "Nonrecurring KGAP
			 expenses" are reasonable and necessary legal custody/guardianship fees, court
			 costs, attorney fees, and in accordance with paragraph (A)(2) of this rule,
			 other expenses directly related to the court issuing an order granting legal
			 custody/guardianship of a child. 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 custody/guardianship of a child" as
			 specified in paragraph (A)(1) of this rule refers to the costs of the court
			 issuing an order granting legal custody/guardianship incurred by or on behalf
			 of the kinship caregiver(s) and for which the kinship caregiver(s) carries the
			 ultimate liability for payment. These are the total cost of nonrecurring
			 expenses associated with obtaining legal custody
			 guardianship of the child.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-13 - Title IV-E kinship guardianship assistance program (KGAP) intercounty and interstate case management responsibility

Current through all regulations passed and filed through July 1, 2024
(A)
								KGAP intercounty
			 and interstate case management changes will be handled by Ohio department of
			 job and family services (ODJFS).
(B)
								The JFS 00133
			 "Title IV-E Kinship Guardianship Assistance Program (KGAP) Agreement" remains
			 in effect even though the kinship caregiver(s) and the child move to another
			 county or state. The responsibility for management of the KGAP case remains
			 with ODJFS.
(C)
								If the kinship caregiver(s) and the child for whom an
			 Ohio executed JFS 00133 is in effect reside in or move to another state, the
			 child is to be provided Title XIX (medicaid) and Title XX (social service block
			 grant) services by the state in which the child resides. If any of the Title XX
			 services specified in the KGAP agreement are not available in the state where
			 the child resides or has moved, ODJFS will be responsible for securing those
			 services.
(D)
								If the kinship caregiver(s) and the child for whom a
			 JFS 00133 is in effect reside in or move to another Ohio county, the child is
			 to be provided with Title XX services, as specified in the JFS 00133 by the
			 county where the child resides. If any of the Title XX services specified in
			 the KGAP agreement are not available in the Title XX plan in the county where
			 the child resides or has moved. ODJFS will be responsible for securing those
			 services from the public children services agency (PCSA) that held custody of
			 the child.
(E)
								Nothing will keep the kinship caregiver(s) of a child
			 for whom a KGAP 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 KGAP agreement. The kinship
			 caregiver(s) may:
(1)
									Apply for the Title XX services in the county where the
			 kinship caregiver(s) resides.
(2)
									Seek to amend the
			 child's JFS 00133.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-46 - Federal Kinship Guardianship Assistance Program › Section 5101:2-46-14 - Requirements for Title IV-E kinship guardianship assistance program (KGAP) past age eighteen

Current through all regulations passed and filed through July 1, 2024
(A)
								KGAP is available
			 for an eligible child whose kinship caregiver(s) entered into an initial KGAP
			 agreement prior to the child's eighteenth birthday through the end of the month
			 of the child's eighteenth birthday.
(B)
								KGAP is available
			 for a child with a physical/mental disability or medical condition who is
			 between the age of eighteen and twenty-one with an existing KGAP agreement if
			 the child meets one of the requirements identified in paragraphs (B)(1) to
			 (B)(5) of this rule and the kinship caregiver(s) is supporting the child as
			 identified in paragraph (D) of rule 5101:2-46-06 of the Administrative Code.
			 The ongoing medical treatment of the physical/mental disability or medical
			 condition is to be verified annually for continued eligibility by a culturally
			 competent qualified professional in the professional's scope of practice. The
			 child is considered to have a physical/mental disability or medical condition
			 if any of the following apply:
(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 parent(s).
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-47 - Title IV-E Foster Care Maintenance › Section 5101:2-47-01 - Administration of the Title IV-E foster care maintenance (FCM) program

Current through all regulations passed and filed through July 1, 2024
(A) The primary objectives of the FCM program
			 are:
(1) To reduce the number of children
			 removed and placed in substitute care.
(2) To improve the quality of care provided
			 to children placed in substitute care.
(3) To return children from substitute care
			 to their own homes as soon as possible.
(4) To facilitate the adoption of or other
			 permanent placement for those children who cannot return to their own
			 homes.