Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-49 - IV-E Adoption Assistance › Section 5101:2-49-03 - Special needs criteria for Title IV-E adoption assistance (AA)

Current through all regulations passed and filed through July 1, 2024
(A) Prior to the
			 finalization of adoption, the public children services agency (PCSA) shall
			 determine that all of the following special needs criteria have been met and
			 documented in the statewide automated child welfare
			 information system (SACWIS) under the child's characteristics and in the
			 child's adoption assistance (AA) case record in order for the child to be
			 considered a child with special needs.
(1)
			 The child cannot or should not be returned to his or her parent(s)
			 and is legally available for adoption by being in the
			 permanent custody of a PCSA, private child placing agency (PCPA) or a child
			 that meets the special needs criteria who is the subject of an independent
			 adoption pursuant to rule
			 5101:2-49-02
			 of the Administrative Code.
(2) The PCSA has determined that the child
			 has one or more of the following special need factors or conditions making it
			 difficult to place the child with an adoptive parent(s) without the provision
			 of AA or medical assistance:
(a) The child is part of a sibling group
			 being adopted together or is placed in the same adoptive placement of a sibling
			 previously adopted.
(b) The child
			 is a member of a minority, racial or ethnic group making it difficult to place
			 the child for adoption. However, if the child is between the age of newborn and
			 twelve months the child shall be also diagnosed to have one of the
			 conditions outlined in paragraph (A)(2)(g) or (A)(2)(h) of this rule.
(c) The child is six years old or
			 older.
(d) The child has remained
			 in the permanent custody of a PCSA or PCPA for more than
			 one year before an adoptive placement.
(e) The child has been in the home of the
			 prospective adoptive parent(s) for at least six consecutive months directly
			 preceding the adoptive placement and the child would experience severe
			 separation and loss if placed in another setting due to significant ties with
			 the 
										prospective adoptive parent(s). The emotional ties
			 shall be assessed and documented by a qualified mental health
			 professional.
(f) The child has
			 experienced a previous adoption disruption or three or more substitute care
			 placements while in the custody of a PCSA or PCPA.
(g)
										The child has
			 been diagnosed by a "qualified professional," in the professional's area of
			 expertise who is not responsible for providing casework services to the
			 child.
(i)
											For
			 the purpose of this rule, a "qualified professional" is an individual that is
			 but not limited to the following: an audiologist, orthopedist, physician,
			 certified nurse practitioner, physician assistant, psychiatrist, psychologist,
			 school psychologist, licensed marriage and family therapist, speech and
			 language pathologist, a licensed independent social worker, licensed
			 professional clinical counselor, a licensed social worker who is under the
			 direct supervision of a licensed independent social worker or a licensed
			 professional counselor who is under the direct supervision of a licensed
			 professional clinical counselor.
(ii)
											The qualified
			 professional shall provide a clear written statement of the services provided
			 with regards to the child's diagnosis within the last twelve months. This
			 statement shall include an opinion as to the origin of the problem, past
			 history, prognosis, and recommendations related to potential treatment needs
			 and diagnosed with one of the following:
(a)
												A developmental
			 disability, as defined in 28 C.F,R. 35.108 August 11, 2016 and section
			 5123.01 of the Revised
			 Code.
(b)
												An individual who has a physical or mental impairment
			 that substantially limits one or more of the major life
			 activities.
(c)
												Any physiological disorder or condition, cosmetic
			 disfigurement, or anatomical loss affecting one or more body systems, such as:
			 neurological, musculoskeletal, special sense organs, respiratory (including
			 speech organs), cardiovascular, reproductive, digestive, genitourinary, immune,
			 circulatory, hemic, lymphatic, skin, and endocrine.
(d)
												Any mental or
			 psychological disorder such as intellectual disability, organic brain syndrome,
			 emotional or mental illness, and specific learning disability.
(e)
												Physical or
			 mental impairment includes, but is not limited to, contagious and noncontagious
			 diseases and conditions such as the following: orthopedic, visual, speech and
			 hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple
			 sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional
			 illness, dyslexia and other specific learning disabilities, attention deficit
			 hyperactivity disorder, human immunodeficiency virus.
(i)
													For example,
			 applying these principles it should easily be concluded that the types of
			 impairments set forth in paragraphs (A)(2)(g)(ii)
(e)(i)(A)
to
			 (A)(2)(g)(ii
)(e)(i)(K)
of this rule will, at a minimum,
			 substantially limit the major life activities indicated. The types of
			 impairments described in this paragraph may substantially limit additional
			 major life activities (including major bodily functions) not explicitly listed
			 in paragraphs (A)(2)(g)(ii)
(e)(i)(A)
to (A)(2)(g)
			 (ii)
(e)(i)(K)
.
(A)
														Deafness substantially limits hearing;
(B)
														Blindness
			 substantially limits seeing;
(C)
														Intellectual
			 disability substantially limits brain function;
(D)
														Partially or
			 completely missing limbs or mobility impairments requiring the use of a
			 wheelchair substantially limits musculoskeletal function;
(E)
														Autism
			 substantially limits brain function;
(F)
														Cancer
			 substantially limits normal cell growth;
(G)
														Cerebral palsy
			 substantially limits brain function;
(H)
														Diabetes
			 substantially limits endocrine function;
(I)
														Epilepsy,
			 muscular dystrophy, and multiple sclerosis each substantially limits
			 neurological function;
(J)
														Human immunodeficiency virus (HIV) infection
			 substantially limits immune function; and
(K)
														Major depressive
			 disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain
			 injury, obsessive compulsive disorder, and schizophrenia each substantially
			 limits brain function.
(f)
												A medical
			 condition causing distress, pain, dysfunction, social problems as diagnosed by
			 a qualified professional that results in ongoing medical
			 treatment.
(h) The child or
			 the child's biological family has a social or medical history establishing a
			 substantial risk for developing one of the conditions as described in paragraph
			 (A)(2)(g) of this rule. The substantial risk makes it difficult to place the
			 child for adoption without the provision of AA. A qualified professional shall
			 determine the substantial risk, as defined in paragraph (B) of this rule. A
			 child is not at substantial risk if the child's biological parent(s) social and
			 medical history cannot be determined.
(3) Reasonable, but unsuccessful,
			 efforts to place the child without AA shall be met by one of the following:
(a) Except as described in paragraph
			 (A)(3)(b) of this rule, the PCSA shall document that in each case a reasonable,
			 but unsuccessful, effort was made to place the child with appropriate adoptive
			 parent(s) without AA. This requirement can be met by posing the question of
			 whether the adoptive parent(s) are willing to adopt without AA. If the adoptive
			 parent(s) state they cannot adopt the child without AA, the requirement is met
			 when documented in the AA case record.
(b) The placement with a particular adoptive
			 parent(s) was in the best interest of the child because of such factors as:
(i) The existence of emotional ties with the
			 prospective adoptive parent(s) while the child was in the care of the foster
			 parent(s) as a foster child.
(ii)
			 The prospective adoptive parent(s) is a relative.
(iii) The child is being adopted by an
			 adoptive parent(s) of the child's sibling(s).
(iv) There are other circumstances that
			 relate to the child's best interest.