Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-33 - Administrative Requirements › Section 5101:2-33-29 - Verification of United States citizenship and immigration status for all children in foster care

Current through all regulations passed and filed through July 1, 2024
(A) All Title IV-E agencies shall verify
			 United States (U.S.) citizenship and immigration status for all children in
			 foster care regardless of whether Title IV-E foster care maintenance (FCM)
			 payments are made on their behalf.
(B) Documents that verify citizenship are:
(1) A U.S. birth certificate.
(2) A U.S. passport, unless it is authorized
			 with a limitation; limited passports are issued through the department of
			 homeland security (DHS).
(3) A
			 certification of birth issued by the department of state (form
			 DS-1350).
(4) A report of birth
			 abroad of a U.S. citizen (form FS-240).
(5) A certificate of birth abroad
			 (FS-545).
(6) A U.S. citizen
			 identification card (I-197).
(7) A
			 certificate of naturalization (N-550 or N-570).
(8) A certificate of U.S. citizenship (N-560
			 or N-561) for children who derived their citizenship through a
			 parent.
(9) An extract from a
			 hospital record on hospital letterhead established at the time of the
			 individual's birth that was created at least five years before the initial date
			 of custody, and indicates a U.S. place of birth. For a child under sixteen, the
			 document must have been created near the time of birth.
(10) A life insurance, health insurance, or
			 other insurance record showing a U.S. place of birth and created at least five
			 years before the initial date of custody. For children under sixteen, the
			 document must have been created near the time of birth.
(11) A statement provided from a U.S.
			 consular officer certifying that the individual is a U.S. citizen.
(12) An American Indian card (I-872) issued
			 by the department of homeland security (DHS) with the classification code "KIC"
			 and a statement on the back identifying U.S. citizenship of members of the
			 Texas band of Kickapoos living near the United States/Mexican border.
(13) A state match with the state data
			 exchange (SDX) for supplemental security income (SSI).
(14) Birth information obtained by the Title
			 IV-E agency through Ohio department of job and family services
			 (ODJFS)-authorized data exchanges or data sharing agreements.
(15) A federal or state census record showing
			 U.S. citizenship or a U.S. place of birth, including an individual's
			 age.
(16) Native American tribal
			 documents, including but not limited to:
(a) A
			 Seneca Indian tribal census record.
(b) The bureau of Indian affairs tribal
			 census records of the Navajo Indians.
(c) A certificate of Indian blood.
(d) U.S. American tribal documents.
(e) Other native American tribal
			 documents.
(17)
			 Affidavits may be used only in rare circumstances when the agency is unable to
			 secure evidence of citizenship from another listing. Affidavits are signed
			 under penalty 
									of perjury, but need not be notarized. If the
			 documentation requirement needs to be met through affidavits, the following
			 rules apply:
(a) There shall be at least two
			 affidavits by people who have personal knowledge of the event(s) establishing
			 the individual's claim of citizenship. The two affidavits could be combined in
			 a joint affidavit. At least one of the persons making the affidavit cannot be
			 related to the individual and neither person can be the individual.
(b) Persons making the affidavit must be able
			 to provide proof of their own citizenship. The persons making the affidavit
			 shall have information which explains why documentary evidence establishing the
			 individual's claim of citizenship does not exist or cannot be readily
			 obtained.