reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-50 - Bridges › Section 5101:2-50-04 - Bridges Title IV-E eligibility and reimbursability determination

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to
			 
								42
			 U.S.C. 675
								(8)
								, a Title IV-E agency can
			 extend foster care assistance for 
								an emancipated young adult age eighteen but less
			 than age twenty-one. This funding is provided in accordance with the federal
			 "Fostering Connections to Success and Increasing Adoptions Act of 2008" to
			 cover foster care maintenance (FCM) payments, administration and training
			 payments.
(B)
								 Title IV-E FCM program eligibility
			 and reimbursability shall be determined in the
			 statewide automated child welfare information system (SACWIS) by the Title IV-E
			 agency representative within 
								thirty calendar days of
			 
								any of the following:
(1)
									Voluntary
			 participation agreement (VPA) effective date;
(2)
									Best interest
			 ruling date;
(3)
									Annual reasonable efforts ruling date;
(4)
									The date a
			 bridges participant is no longer residing in an approved supervised independent
			 living setting; or
(5)
									Case transfer between regional bridges
			 agencies.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-50 - Bridges › Section 5101:2-50-05 - Bridges appeal process

Current through all regulations passed and filed through July 1, 2024
This rule describes the appeals process for
				an
				individual who has been denied or terminated from bridges.
(A) Any individual
								 who was denied enrollment to
			 bridges or who was terminated from bridges may request a state hearing,
			 as described in paragraph (B) of this rule by
			 submitting a JFS 01622 "Bridges State Hearing Request Form."
(B)
			 In the event an individual receives a denial notice pursuant to
			 rule
			 5101:2-50-02
			 of the Administrative Code or a termination notice pursuant to rule
			 5101:2-50-03
			 of the Administrative Code, the individual has the right to appeal
			 the decision by requesting a state hearing.
(1) The individual has ninety calendar days
			 from the mailing date of the denial or termination notice to request a state
			 hearing. If the ninetieth day falls on a weekend or holiday, then the next
			 business day shall be recorded as the ninetieth day.
(2) If the individual submits a hearing
			 request to the state or local agency within fifteen calendar days of the
			 mailing date of the termination notice, then bridges benefits shall continue
			 pursuant to division 5101:6 of the Administrative Code until a state hearing
			 decision is issued.
(3)
									The
			 individual may withdraw the state hearing request at any time prior to a
			 state hearing decision being issued.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-50 - Bridges › Section 5101:2-50-06 - Bridges approved supervised independent living settings and visitation requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to rule
			 5101:2-50-04
			 of the Administrative Code, a Title IV-E FCM program eligible bridges
			 participant is reimbursable when the bridges participant is residing in an
			 approved supervised independent living setting.
(B)
								ODJFS approved
			 supervised independent living settings include:
(1)
									 Leased
			 housing;
(2)
									Room and board arrangements including in-home,
			 supportive in-home and host homes;
(3)
									College or
			 university dormitories;
(4)
									Emergency housing;
(5)
									Community and
			 supervised community housing; and
(6)
									Shared roommate
			 settings.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-50 - Bridges › Section 5101:2-50-07 - Bridges assessment, plan and review

Current through all regulations passed and filed through July 1, 2024
This rule describes the requirements
				regarding the bridges assessment and plan that is to be completed while a
				participant is enrolled in bridges.
(A)
								A bridges
			 representative is to complete a bridges assessment within fifteen calendar days
			 of the effective date of the JFS 01617 "Bridges Voluntary Participation
			 Agreement" and :
(1)
									Assist the bridges participant in completing all
			 applicable sections of the assessment; and
(2)
									Help the bridges
			 participant begin to identify short and long-term goals that will be utilized
			 for the bridges plan.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-50 - Bridges › Section 5101:2-50-08 - Case records for bridges

Current through all regulations passed and filed through July 1, 2024
(A)
								Bridges
			 representatives are to record case information in the statewide automated child
			 welfare information system (SACWIS). Case information that cannot be recorded
			 in SACWIS is to be maintained as hard copy files, electronic files or as a
			 combination of both.
(B)
								All bridges case records prepared, maintained, and
			 permanently kept by the bridges representative are confidential. Information
			 contained in SACWIS is confidential pursuant to section
			 5101.131 of the Revised Code.
			 Access to bridges case records and the release of bridges case record
			 information is to be conducted pursuant to and in accordance with the
			 requirements outlined in rule
			 5101:2-33-21
			 of the Administrative Code.
(C)
								The bridges
			 representative is to prepare, maintain, and permanently keep records for all of
			 the following:
(1)
									Bridges assessment reports;
(2)
									Bridges plan
			 reports;
(3)
									Bridges review reports;
(4)
									Bridges
			 eligibility documentation, including, but not limited to and as
			 applicable;
(a)
										
			 Application eligibility documents;
(b)
										Ongoing
			 eligibility documents;
(c)
										Provisional agreement document;
(d)
										Bridges
			 eligibility acknowledgement form;
(e)
										JFS 01621
			 "Voluntary Withdrawal Request";
(f)
										JFS 01619 "Notice
			 of Ineligibility"; and
(g)
										JFS 01620 "Notice of Termination."
(5)
									Bridges authorization to exchange information;
			 and
(6)
									Tier screening tool.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-51 - Adoption Assistance Connections › Section 5101:2-51-01 - Administration of adoption assistance connections to age twenty-one (AAC)

Current through all regulations passed and filed through July 1, 2024
(A)
								
								For the purposes of this program, in accordance
			 with section 5101.1414 of the Revised Code,
			 an adopted young adult is
			 defined as a person that:
(1)
									Was adopted at age sixteen or
			 seventeen;
(2)
									Was in the permanent custody of an Ohio public children
			 services agency (PCSA);
(3)
									Attained the age of sixteen before the Title IV-E
			 adoption assistance agreement became effective; and
(4)
									Meets one of the
			 eligibility requirements pursuant to paragraph (A)(4) of rule
			 5101:2-51-02 of the
			 Administrative Code.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-51 - Adoption Assistance Connections › Section 5101:2-51-02 - Eligibility for adoption assistance connections to age twenty-one (AAC)

Current through all regulations passed and filed through July 1, 2024
(A) To be eligible for
			  adoption assistance connections
			  to age twenty-one
			 (AAC), an adopted young adult is to meet the
			 following requirements:
(1) Was adopted at age
			 sixteen or seventeen;
(2) Was in
			 the permanent custody of an Ohio public children services agency
			 (PCSA);
(3) Attained the age of
			 sixteen before the JFS 01453 "Adoption Assistance (AA) Agreement" became
			 effective;
(4) Meets one of the
			 following requirements:
(a) Is completing
			 secondary education or a program leading to an equivalent credential;
(b) Is enrolled in an institution that
			 provides post-secondary or vocational education;
(c) Is participating in a program or activity
			 designed to promote or remove barriers to employment;
(d) Is employed for at least eighty hours per
			 month; or
(e) Is incapable of doing
			 any of the activities described in paragraphs (A)(4)(a) to (A)(4)(d) of this
			 rule due to a diagnosed physical or mental health condition, which incapacity
			 is supported by updated information semiannually.
(5) Has reached the age of eighteen but is
			 not yet twenty-one years of age;
(6) Is continuing to receive parental support
			 including but not limited to providing the young adult
			 with shelter, food, or clothing. Residing in the same physical location is not
			 required;
(7) Is not enlisted
			 in the military. Enlisted in the military is defined as
			 the date of report for active duty;
(8) Is not married; and
(9) Is not in receipt of adoption assistance
			 past age eighteen pursuant to rule
			 5101:2-49-04 of the
			 Administrative Code.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-51 - Adoption Assistance Connections › Section 5101:2-51-03 - Payments for adoption assistance connections to age twenty-one (AAC)

Current through all regulations passed and filed through July 1, 2024
(A) The maximum amount of the monthly
			 adoption assistance connections  to
			 age twenty-one (AAC) payment shall not exceed the
			 cost of the monthly foster care maintenance (FCM) payment that was paid or
			 would have been paid if the adopted young adult had remained in a foster
			 home.
(B) The monthly payment
			 identified in paragraph (A) of this rule shall not exceed the monthly statewide
			 maximum adoption assistance (AA) payment amount established by the Ohio
			 department of job and family services (ODJFS) through the "Family, Children and
			 Adult Services Manual Procedure Letter."
(C) If the adopted young adult receives
			 supplemental social security income (SSI) benefits, the adopted young adult may
			 receive AAC and SSI concurrently. If there is concurrent receipt of payments
			 from both programs, the social security administration will decrease the
			 monthly SSI benefit by the monthly AAC payment amount. It is the responsibility
			 of the 
								adoptive parent(s) to advise the social security
			 administration that the adopted young adult is in receipt of AAC.
(D) If ODJFS and the adoptive parent(s)
			 cannot mutually agree on the monthly AAC payment amount after negotiating for
			 at least thirty days, the adoptive parent(s) may request a state mediation
			 conference using the JFS 01470 "Adoption Assistance State Mediation Conference
			 Request." The JFS 01470 shall be sent to the ODJFS state hearings department in
			 the manner described on the form.
(1) The
			 state mediation conference shall be held within thirty business days from the
			 receipt of the request.
(2) The
			 state mediator, ODJFS representative and adoptive parent(s) shall participate
			 in the state mediation conference.
(3) If the state mediation conference is
			 successful and results in a mutually acceptable monthly AAC payment amount, it
			 is considered a final decision between both parties.
(4) If the state mediation conference is not
			 successful ODJFS shall provide the
			 adoptive parent(s) with the following:
(a) A
			 written notice which shall contain a clear and understandable statement that
			 all parties were not in agreement and the right to a state hearing.
(b) The JFS 04059 "Explanation of State
			 Hearing Procedures."
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-52 - Interstate Placement of Children › Section 5101:2-52-04 - PCSA responsibilities for the interstate compact on the placement of children

Current through all regulations passed and filed through July 1, 2024
(A) The public children services agency
			 (PCSA) director 
								or their designee shall
			 serve as the assistant deputy compact administrator (ADCA)  for the agency in carrying out
			 responsibilities involving interstate compact on the placement of children
			 (ICPC). The ADCA shall meet the qualifications of a
			 child welfare caseworker.
								
								The responsibilities of
			 the ADCA include:
(1) Receiving
									and reviewing
			  all
			 
									documents and communications between the PCSA and
			 compact administrators for sending states and territories who are requesting
			 services from the PCSA for children in the custody of an out-of-state children
			 services agency. This excludes incoming residential
			 requests and requests for foster or adoptive placement with a family already
			 licensed or approved through a private agency with which the PCSA has not
			 contracted.
(2) Reviewing and
			 authorizing all 
									documents and communications in which the PCSA is
			 requesting placement approval and/or services for
			 children in the agency's custody who are being considered for
									
									placement
			 out-of-state and/or require supervision by a children services agency of a
			 receiving state or territory.
(3)
									Ensuring all required documentation sent and received
			 is in compliance with all regulations as listed at
https://aphsa.org/AAICPC/AAICPC/Resources.aspx
.
(4)
									Reviewing the home study and information on the child
			 to determine if placement appears to be safe and appropriate for the specific
			 child and signing the ICPC 100A indicating approval or denial of the placement
			 based on the information reviewed.
(5) Entering data into the statewide automated child
			 welfare information system (SACWIS) for all incoming and outgoing ICPC cases to
			 enable the Ohio department of job and family services (ODJFS) to pull data for
			 federal reporting purposes.
(6) Coordinating with
			 ODJFS for technical assistance and assurance of compliance with ICPC
			 requirements.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-52 - Interstate Placement of Children › Section 5101:2-52-06 - Requirements applicable to interstate placement of children when the PCPA, PNA, or court is the receiving agency

Current through all regulations passed and filed through July 1, 2024
(A) The Ohio interstate compact on the
			 placement of children (ICPC) office within the Ohio department of job and
			 family services (ODJFS) shall serve as the central approving authority for all
			 requests for services related to the placement of children into or outside of
			 Ohio by private child placing agencies (PCPA), private noncustodial agencies
			 (PNA) and courts.
(B) If the potential
			 resource is not already certified or approved, and the PCPA, PNA, or court
			 receives a request from the Ohio ICPC office for the evaluation of an Ohio
			 placement resource, the PCPA, PNA, or court shall:
(1) Prepare the home assessment in accordance
			 with the administrative rule governing the placement resource being considered.
(a) A foster home shall be evaluated pursuant
			 to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.
(b) An adoptive home shall be evaluated
			 pursuant to Chapter 5101:2-48 of the Administrative Code.
(c) A relative or non-relative kin home shall
			 be evaluated pursuant to rule
			 5101:2-42-18
			 of the Administrative Code unless the sending state requires the relative or
			 non-relative kin to be certified as a foster home or approved as an adoptive
			 home.
(d) If a parent home is to be
			 evaluated, rule
			 5101:2-42-18
			 of the Administrative Code may be used as a guideline, however the restrictions
			 listed in paragraphs (F) and (G) of rule
			 5101:2-42-18
			 of the Administrative Code do not apply to parent home assessments, unless the
			 sending state requires the parent to be certified as a foster parent or
			 approved as an adoptive home.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-52 - Interstate Placement of Children › Section 5101:2-52-08 - Interstate placement requirements for Ohio parents, legal guardians, or private entities when placing a child into another state or territory for adoption

Current through all regulations passed and filed through July 1, 2024
(A) Prior to placing a child into another
			 state or territory for an adoptive placement, an Ohio parent, legal guardian,
			 PCPA, or attorney, hereafter referred to as the sending agent, shall receive
			 written approval, as documented on the JFS 01661 "Interstate Compact Placement
			 Request (ICPC 100A)" (rev. 
								7/2016) from the Ohio "Interstate Compact on the
			 Placement of Children" (ICPC) office and the receiving state ICPC office. If
			 the sending agent is a parent or legal guardian, the parent or legal guardian
			 shall be represented by an adoption agency or private attorney.
(B) Visits, as defined by the association of
			 administrators of the interstate compact on the placement of children (AAICPC)
			 "Regulation 9" located at
https://aphsa.org/AAICPC/AAICPC/Resources.aspx
are exempt from ICPC. Situations in which the intent is to place the child
			 either on a temporary or permanent basis and for which a homestudy or
			 supervision is or will be requested do not meet the requirements of a visit and
			 are therefore not exempt from ICPC. The following are additional criteria for a
			 visit:
(1) The purpose of the visit shall be
			 to provide the child with a social or cultural experience of short duration,
			 such as a stay in a camp or with a friend or relative who has not assumed legal
			 responsibility for the daily care of the child.
(2) A visit shall have a defined ending date
			 and shall not be extended or renewed in a manner which causes the visit to
			 exceed thirty days or the school vacation period.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-52 - Interstate Placement of Children › Section 5101:2-52-10 - Interstate placement requirements for Ohio courts, parents, or legal guardians when placing a child in a residential placement in another state or territory

Current through all regulations passed and filed through July 1, 2024
(A) If an Ohio court is planning to place a
			 child in a residential facility in another state or territory, the court shall
			 send the following to the Ohio interstate compact on the placement of children
			 (ICPC) office for each placement resource being requested:
(1)
									
									One electronic copy of the
			 JFS 01661 "Interstate Compact Placement Request (ICPC 100A)."
(2)
									
									One electronic copy
			 containing the following information:
(a) A
			 cover letter clearly identifying the child being placed and the facility where
			 the child is to be placed, office location and telephone number of the
			 originating supervisor making the request.
(b) A child summary that includes:
(i) Custodial, court and social
			 history.
(ii) Special needs of the
			 child.
(iii) Reason for
			 placement.
(c) The
			 child's social security number, birth certificate, and immunization record, if
			 available.
(d) A copy of the court
			 order showing custody status and any subsequent court entries within the last
			 year.
(e) The child's current case
			 plan, if applicable.
(f) A copy of
			 the JFS 02424 "ICPC Placement Financial Information."
(g) If the child is adjudicated delinquent, a
			 court entry indicating a placement for the child is not available within the
			 court's jurisdiction, the placement is in the best interests of the child and
			 will not produce undue hardship for the child shall be provided.
(h) Letter of acceptance from the residential
			 facility.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-02 - General provisions of the Indian child welfare act (ICWA)

Current through all regulations passed and filed through July 1, 2024
(A)
								The public children services agency (PCSA) or the
			 private child placing agency (PCPA) shall follow all of the Indian child
			 welfare rules and guidelines as outlined by the Indian Child Welfare Act
			 (ICWA)(1978) as reauthorized by the Child and Family Services Improvement Act
			 of 2006. Failure to identify Indian children can nullify court proceedings that
			 have not been conducted in accordance with ICWA.
(B)
								The requirements
			 of ICWA apply when a child is:
(1)
									Determined to be an Indian child in accordance with
			 rule
			 5101:2-53-03
			 of the Administrative Code; and
(2)
									The subject
			 of:
(a)
										A child
			 custody proceeding, including:
(i)
											An involuntary proceeding;
(ii)
											A voluntary
			 proceeding that could prohibit the parent or Indian custodian from regaining
			 custody of the child upon demand;
(iii)
											A proceeding
			 involving status offenses if any part of the proceeding results in the need for
			 out-of-home placement of the child, including a foster care, preadoptive, or
			 adoptive placement, or termination of parental rights.
(b)
										An
			 emergency proceeding.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-03 - Determination of Indian status, tribal eligibility and membership

Current through all regulations passed and filed through July 1, 2024
(A) For each referral the agency screens in, the
			 
								public
			 children services agency (PCSA) or private child placing agency (PCPA)
			 shall 
								ask case participants whether
			 the participant
			 knows or has reason to know pursuant to rule
			 5101:2-53-02
			 of the Administrative Code that the child 
								is an Indian child as defined in rule
			 5101:2-53-01
			 of the Administrative Code. The agency shall make this inquiry upon the
			 initial face to face contact with the child or
			 the child's parent, guardian or custodian.
(B) If the child's
			 parents, guardian or custodian are unavailable or unable to provide information
			 regarding whether the child may be an Indian child, the agency
			 shall consider the following and document in the case record:
(1) A consultation with relatives or
			 collaterals providing information which suggests the parent
			 may or may not be a member of an Indian tribe or
			 the child may or may not be a member of or eligible for
			 membership in an Indian tribe.
(2) An examination of any other information
			 bearing on the determination of the child's status of membership or eligibility
			 for membership in an Indian tribe, such as a review of all documentation
			 in the file, including contact with previous caseworkers and communication from
			 other sources, (e.g., Indian tribes and Indian organizations).
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-04 - Indian Child Welfare Act (ICWA) notice requirements

Current through all regulations passed and filed through July 1, 2024
(A) When a public children services agency
			 (PCSA) or private child placing agency (PCPA) knows or has reason to know that
			 an Indian child is the subject of an involuntary foster care placement or
			 termination of parental rights proceeding, the agency shall send notice of each
			 proceeding to:
(1) Each tribe where the child
			 is or may be a member, or eligible for membership if a biological parent is a
			 member;
(2) The child's parents;
			 and
(3) The child's Indian
			 custodian, if applicable.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-05 - Voluntary agreement for temporary custody of Indian child

Current through all regulations passed and filed through July 1, 2024
(A) A public children services agency (PCSA)
			 or private child placing agency (PCPA) may accept a voluntary agreement for
			 temporary custody of an Indian child from a parent, guardian or Indian
			 custodian for the purpose of placing the child in substitute care. The
			 agreement shall:
(1) Be executed upon a
			 completed JFS 01645 "Agreement for Temporary Custody of Child"
			 ;
(2) Be recorded before a juvenile court, or a
			 tribal court, if jurisdiction has been transferred there; and
(3) Include the tribal enrollment number for
			 the parent and for the Indian child, when known, or some other indication of
			 the child's membership in the tribe; the name and address of the person or
			 entity who arranged the placement; the name and address of the prospective
			 foster parents, if known at the time; and any conditions to the
			 agreement.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-07 - Permanent surrender or parental consent to adoptive placement of Indian children

Current through all regulations passed and filed through July 1, 2024
(A) A public children services agency (PCSA)
			 or private child placing agency (PCPA) may accept a permanent surrender of an
			 Indian child by a parent or Indian custodian. The surrender shall be executed
			 on a JFS 01666 "Permanent Surrender of Child"  and recorded before a juvenile court, or a tribal court if
			 jurisdiction has been transferred there.
(B) The agency shall act in accordance with
			 the permanent surrender requirements set forth in rule
			 5101:2-42-09 of the
			 Administrative Code with the exception that a permanent surrender for an Indian
			 child cannot be executed until at least ten days after his or her
			 birth.
(C) The agency shall provide
			 notification of all juvenile court proceedings affecting their tribal member to
			 the tribe's designated agent or tribal court even if the tribe has declined to
			 be involved. The tribe retains the right to participate as an interested party
			 or to intervene at any point in the proceedings.
(D) The agency shall recognize and adhere to
			 the following rights of parents of Indian children relative to the withdrawal
			 of permanent surrender or parental consent to adoptive placements:
(1) A parent or Indian custodian may withdraw
			 a permanent surrender or consent to adoption for any reason, at any time prior
			 to the entry of the final decree of adoption. To withdraw the permanent
			 surrender or consent, the parent or Indian custodian must file a written
			 document with the court or otherwise testify before the court. Upon such
			 withdrawal, the Indian child shall be returned to his or her parent or Indian
			 custodian as soon as practicable.
(2) Within two years after the entry of a
			 final decree of adoption, the parent or Indian custodian may withdraw consent
			 to adoption if the parent or Indian custodian can prove parental consent was
			 obtained through fraud or duress. Upon court order to vacate the final decree
			 of adoption, the Indian child shall be returned to the parent or Indian
			 custodian.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-08 - Placement preference of Indian children

Current through all regulations passed and filed through July 1, 2024
(A) When the public children services agency
			 (PCSA) or private child placing agency (PCPA) has  custody of an Indian child, it shall
			 select 
								the least
			 restrictive substitute care setting that :
(1)
									Most approximates a family, taking into consideration
			 sibling attachment;
(2)
									Allows the Indian child's special needs
			 to be met; and
(3) Is in
			 
									reasonable proximity to the Indian
			 child's home, extended family, or siblings.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-09 - Procedures for the transfer of Indian children to a tribal court, a tribal Title IV-E agency or an Indian tribe with a Title IV-E agreement

Current through all regulations passed and filed through July 1, 2024
(A) Either parent, the Indian custodian, or
			 the Indian child's tribe may request, at any time, orally on the record or in
			 writing, that the court transfer a foster care or termination of parental
			 rights proceeding to the jurisdiction of the child's tribe. The right to
			 request a transfer is available at any stage in each foster care or termination
			 of parental rights proceeding.
(B)
			 Upon receipt of a transfer petition, the court must promptly notify the tribal
			 court in writing of the transfer petition and may request a timely response
			 regarding whether the tribal court wishes to decline the transfer. The court
			 must transfer the child custody proceeding unless it determines that transfer
			 is not appropriate because one or more of the following criteria are met:
(1) Either parent objects to the
			 transfer;
(2) The tribal court
			 declines the transfer; or
(3) Good
			 cause exists for denying the transfer.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-55 - Kinship Guardianship Assistance Program Connections to Twenty-One › Section 5101:2-55-01 - Administration of kinship guardianship assistance program connections to twenty-one (KGAP C21)

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of
			 this program, in accordance with section
			 5101.1411
			 of the Revised Code, a kinship guardianship young adult is defined as a person
			 that:
(1)
									Was in
			 the temporary, permanent, or planned permanent living arrangement custody of an
			 Ohio public children services agency (PCSA) prior to being committed to the
			 legal custody or guardianship of a kinship caregiver as defined in rule
			 5101:2-1-01
			 of the Administrative Code, at the age of sixteen or seventeen;
(2)
									Attained the age
			 of sixteen or seventeen before the Title IV-E kinship guardianship assistance
			 agreement became effective; and
(3)
									Meets one of the
			 eligibility requirements pursuant to paragraph (A)(3) of rule 5101:2-55-02 of
			 the Administrative Code.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-55 - Kinship Guardianship Assistance Program Connections to Twenty-One › Section 5101:2-55-02 - Eligibility for kinship guardianship assistance program connections to twenty-one (KGAP C21)

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 sections
			 5101.141
			 and
			 5101.1411
			 of the Revised Code, to be eligible for kinship guardianship assistance program
			 connections to twenty-one (KGAP C21), a kinship guardianship young adult is to
			 meet all of the following requirements:
(1)
									Was in the
			 temporary, permanent, or planned permanent living arrangement custody of an
			 Ohio public children services agency (PCSA) prior to the commitment described
			 in paragraph (A)(2) of this rule.
(2)
									Was committed to
			 the legal custody or legal guardianship of a kinship caregiver at the age of
			 sixteen or seventeen and attained the age of sixteen before a Title IV-E
			 kinship guardianship assistance agreement became effective.
(3)
									Meets one of the
			 following requirements:
(a)
										Is completing secondary education or a program leading
			 to an equivalent credential;
(b)
										Is enrolled in an
			 institution that provides post-secondary or vocational
			 education;
(c)
										Is participating in a program or activity designed to
			 promote or remove barriers to employment;
(d)
										Is employed for
			 at least eighty hours per month; or
(e)
										Is incapable of
			 doing any of the activities described in paragraphs (A)(3)(a) to (A)(3)(d) of
			 this rule due to a diagnosed physical or mental health condition, which
			 incapacity is supported by updated information semiannually.
(4)
									Has
			 reached the age of eighteen and is not yet twenty-one years of
			 age.
(5)
									Is continuing to receive kinship caregiver support
			 including but not limited to providing the young adult with shelter, food, or
			 clothing. Residing in the same physical location is not
			 required.
(6)
									Is not enlisted in the military. Enlisted in the
			 military is defined as the date of report for active duty.
(7)
									Is not
			 married.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-55 - Kinship Guardianship Assistance Program Connections to Twenty-One › Section 5101:2-55-03 - Payments for kinship guardianship assistance program connections to twenty-one (KGAP C21)

Current through all regulations passed and filed through July 1, 2024
(A)
								The maximum
			 amount of the monthly kinship guardianship assistance program connections to
			 twenty-one (KGAP C21) payment is to be equal to or less than the kinship
			 guardianship assistance program (KGAP) payment that was provided to the kinship
			 caregiver at the time of the young adult being committed to their legal custody
			 or guardianship, unless the Ohio department of job and family services (ODJFS)
			 and the family agree to negotiate a lower monthly rate.
(B)
								If the
			 kinship/guardianship young adult receives supplemental social security income
			 (SSI) benefits, the kinship/guardianship young adult may receive KGAP C21 and
			 SSI concurrently. If there is concurrent receipt of payments from both
			 programs, the social security administration will decrease the monthly SSI
			 benefit by the monthly KGAP C21 payment amount. It is the responsibility of the
			 kinship/guardianship custodian(s) to advise the social security administration
			 that the kinship/guardianship young adult is in receipt of KGAP C21
			 funds.
(C)
								If ODJFS and the kinship caregiver(s) cannot mutually
			 agree on the monthly KGAP C21 payment amount after negotiating for at least
			 thirty days, ODJFS is to provide the kinship caregiver(s) with the
			 following:
(1)
									A written notice which is to contain a clear and
			 understandable statement that all parties were not in agreement and the right
			 to a state hearing.
(2)
									The JFS 04059 "Explanation of State Hearing
			 Procedures."
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-56 - State Kinship Guardianship Assistance Program › Section 5101:2-56-01 - Administration of the state kinship guardianship assistance program (KGAP)

Current through all regulations passed and filed through July 1, 2024
(A)
								The state kinship
			 guardianship assistance program (KGAP) provides financial payments to eligible
			 kinship caregivers who have been granted legal custody or guardianship of a
			 child that was previously in the custody of a public children services agency
			 (PCSA). The Ohio department of job and family services (ODJFS) and the PCSA are
			 to coordinate to administer the program pursuant to section
			 5153.163
			 of the Revised Code. ODJFS is to provide payments to the extent funds are
			 appropriated and allocated for this purpose.
(B)
								The PCSA is to
			 provide the JFS 00128 "Application for State Kinship Guardianship Assistance
			 Program (KGAP) Payments" to any kinship caregiver(s) upon request and determine
			 eligibility as outlined in rule 5101:2-56-03 of the Administrative
			 Code.
(C)
								Kinship caregiver(s) as defined in rule
			 5101:2-1-01
			 of the Administrative Code includes 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
			 family has a kin relationship with the child.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-56 - State Kinship Guardianship Assistance Program › Section 5101:2-56-02 - Eligibility for state kinship guardianship assistance program (KGAP)

Current through all regulations passed and filed through July 1, 2024
(A)
								The public
			 children services agency (PCSA) is to use the following criteria to determine
			 eligibility for the state kinship guardianship assistance program (KGAP):
(1)
									The kinship
			 caregiver(s) has completed the JFS 00128 "Application for State Kinship
			 Guardianship Assistance Program Payments."
(2)
									The kinship
			 caregiver(s) has obtained foster home certification in accordance with Chapters
			 5101:2-5 and 5101:2-7 of the Administrative Code. The kinship caregiver(s) has
			 maintained their certification until the court granted custody or legal
			 guardianship of the child.
(3)
									A determination
			 has been made that the child is not eligible for the federal kinship
			 guardianship assistance program.
(4)
									The child has
			 been placed in the kinship caregiver's home through voluntary placement
			 agreement or as a result of a judicial determination that continuation in the
			 removal home would be contrary to the welfare of the child.
(5)
									The child has
			 resided in the kinship caregiver's home for six consecutive months as a foster
			 care placement during the most recent custody episode.
(6)
									The child has a
			 special need. The child is a child with a special need if the removal parent
			 was unable to reunify with the child.
(7)
									The case plan for
			 the child is to be in accordance with rule 5101:2-38-05.2 of the Administrative
			 Code.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-56 - State Kinship Guardianship Assistance Program › Section 5101:2-56-03 - Public children services agency (PCSA) eligibility determination of the state kinship guardianship assistance program (KGAP)

Current through all regulations passed and filed through July 1, 2024
(A)
								The PCSA is to
			 determine eligibility and coordinate with the Ohio department of job and family
			 services (ODJFS) to complete all procedures related to the administration of
			 the state kinship guardianship assistance program. The PCSA is to:
(1)
									Determine the
			 child's eligibility status within thirty days of a request by the kinship
			 caregiver to apply for state kinship guardianship assistance payments. The PCSA
			 will determine eligibility using the criteria outlined in rule 5101:2-56-02 of
			 the Administrative Code.
(2)
									Provide the JFS 00128 "Application for State Kinship
			 Guardianship Assistance Program Payments" to any kinship caregiver(s) upon
			 request.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-56 - State Kinship Guardianship Assistance Program › Section 5101:2-56-04 - Requirements for state kinship guardianship assistance program (KGAP) past age eighteen

Current through all regulations passed and filed through July 1, 2024
(A)
								State KGAP is
			 available for an eligible child whose kinship caregiver(s) enter into an
			 initial state KGAP agreement prior to the age of eighteen or older beyond the
			 end of the school year during which the child attains the age of
			 eighteen.
(B)
								State 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 state 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. The ongoing medical
			 treatment of the physical/mental disability or medical condition is to be
			 verified 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 5101:2-56 - State Kinship Guardianship Assistance Program › Section 5101:2-56-05 - Reimbursement of nonrecurring state 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 State
			 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 guardianship of the child.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-56 - State Kinship Guardianship Assistance Program › Section 5101:2-56-06 - Termination of the state kinship guardianship assistance program (KGAP) payments

Current through all regulations passed and filed through July 1, 2024
(A)
								The Ohio
			 department of job and family services (ODJFS) is to terminate the state kinship
			 guardianship assistance program (KGAP) if any of the following circumstances
			 occur:
(1)
									The
			 kinship caregiver(s) fail to apply for Ohio works first (OWF) cash assistance
			 within sixty days of the journal entry granting the kinship caregiver legal
			 custody or guardianship.
(2)
									The death of the child or the kinship
			 caregiver.
(3)
									The kinship caregiver(s) are no longer financially
			 supporting the child.
(4)
									The child reaches the age of eighteen. If the child is
			 enrolled in school, payment will terminate at the end of the school year in
			 which the child turns eighteen years of age.
(5)
									The terms of the
			 state kinship guardianship assistance agreement have been
			 fulfilled.
(6)
									The kinship caregiver requests
			 termination.
(7)
									The successor guardian named in the kinship caregiver's
			 JFS 00129 "State Kinship Guardianship Assistance Program Agreement" request to
			 enter into a new agreement due to the death or incapacitation of the kinship
			 caregiver pursuant to rule 5101:2-56-01 of the Administrative
			 Code.
(8)
									The child enlists in the military. For the purpose of
			 this rule, enlistment in the military is defined as the date of report for
			 active duty.
(9)
									The child marries.
Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-56 - State Kinship Guardianship Assistance Program › Section 5101:2-56-07 - State kinship guardianship assistance program record (KGAP) requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								The Ohio
			 department of job and family services (ODJFS) is to maintain a state kinship
			 guardianship assistance program (KGAP) case record that is available upon
			 request.
(B)
								The case record is to contain documentation which
			 supports the public children services agencies' (PCSA) actions in determining
			 eligibility for state KGAP. The case record is to include the following
			 information, when applicable:
(1)
									A copy of the signed JFS 00128 "Application For State
			 Kinship Guardianship Assistance Program (KGAP) Payments," even if the kinship
			 caregiver(s) declines.
(2)
									A copy of the signed JFS 00129 "State Kinship
			 Guardianship Assistance Program (KGAP) Agreement" and
			 amendments.
(3)
									A copy of the state KGAP eligibility determination in
			 the Ohio statewide automated child welfare information system
			 (SACWIS).
(4)
									A copy of the journalized court order granting the
			 kinship caregiver(s) legal custody or guardianship.
(5)
									A copy of the JFS
			 00134 "Application for Reimbursement of Nonrecurring Kinship Guardianship
			 Assistance Program (KGAP) Expenses" and the JFS 00135 "Agreement for Payment or
			 Reimbursement for Nonrecurring Expenses Incurred in a Kinship Guardianship
			 Placement."
(6)
									A copy of the JFS 00126 "State Kinship Guardianship
			 Assistance Program (KGAP) Notice Of Adverse Action."
(7)
									A copy of all
			 state hearing, administrative appeal and judicial review
			 documentation.
(8)
									A copy of the interstate compact and KGAP medical
			 assistance forms.
Ohio Administrative Code › Title 5101:4 - Division of Food Stamps › Chapter 5101:4-1 - General Provisions › Section 5101:4-1-04 - Food assistance: benefit issuance and use

Current through all regulations passed and filed through July 1, 2024
(A) How are supplemental nutrition assistance
			 program (SNAP) benefits issued?
SNAP benefits are issued to assistance groups on an electronic
				benefit transfer (EBT) card using a direct access system known as an EBT
				on-line system.
(B) What
			 can assistance groups use SNAP benefits for?
SNAP benefits can be used by assistance group members to
				purchase eligible foods, including seeds and plants, for home consumption and
				use. Items allowed to be purchased with the EBT card are established by the
				United States department of agriculture (USDA) food and nutrition service (FNS)
				and are described in rule
				5101:4-1-03
				of the Administrative Code.
(C) Must an applicant have a place to prepare
			 food to be eligible for SNAP benefits?
Assistance groups are not required to have cooking facilities
				or access to cooking facilities to be eligible for SNAP benefits.
(D) Where can an EBT card be used?
Local FNS field offices are responsible for the licensing and
				monitoring of retail food stores participating in the SNAP program. FNS will
				authorize participation of:
(1) Retail
			 food outlets;
(2) Communal dining
			 facilities;
(3) Meals on wheels
			 programs;
(4) Drug and alcohol
			 treatment centers;
(5) Residents of
			 group living arrangements;
(6)
			 Cooperatives;
(7) Homeless meal
			 providers, including soup kitchens;
(8) Shelters for battered persons and
			 children.