Current through all regulations passed and filed through September 16, 2024
(A) The KPI program is designed to promote a
permanent commitment by a kinship caregiver(s) through becoming guardians and
custodians over minor children who would otherwise be unsafe or at risk of harm
if they remained in their own homes. KPI provides up to eight incentive
payments to families caring for their kin.
(B) The following definitions are applicable
to this rule and supersede any conflicting definitions contained in rule
5101:2-1-01 of the
Administrative Code.
(1) "Custodian" has the
same meaning as in section
5107.02 of the Revised Code,
which is an individual who has legal custody of a minor child or comparable
status over a minor child created by a court of competent jurisdiction in
another state.
(2) "Family" means a
kinship caregiver, spouse of the kinship caregiver, and all of the minor
children for whom the kinship caregiver and spouse of the kinship caregiver are
responsible, and who reside in the same household.
(3) "Fraudulent incentive" means incentive
funds provided to the kinship caregiver(s) as a result of fraud by the kinship
caregiver(s), including an intentional violation of the program requirements.
Fraudulent incentive does not include incentive payments provided due to an
error of the agency in processing the application.
(4) "Gross income" means income of the family
as defined in paragraph (B)(2) of this rule before taxes and
deductions.
(5) "Guardian" has the
same meaning as in section
5107.02 of the Revised Code,
which is an individual that is granted authority by a probate court or a court
of competent jurisdiction in another state, to exercise parental rights over a
minor child to the extent provided in the court's order and subject to residual
parental rights of the minor child's parents.
(6) "Kinship caregiver" has the same meaning
as in section 5101.85 of the Revised Code,
which is any of the following who is eighteen years of age or older and is
caring for a child in place of the child's parents.
(a) Individuals related by blood or adoption
to the child including:
(i) Grandparents,
including grandparents with the prefix "great," "great-great," or
"great-great-great."
(ii)
Siblings.
(iii) Aunts, uncles,
nephews, and nieces, including such relatives with the prefix "great,"
"great-great," "grand," or "great-grand."
(iv) First cousins and first cousins once
removed.
(b) Stepparents
and stepsiblings of the child.
(c)
Spouses and former spouses of individuals named in paragraphs (B)(6)(a)(i) to
(B)(6)(a)(iv) and (B)(6)(b) of this rule.
(d) A legal guardian of the child.
(e) A legal custodian of the child.
(f)
Any nonrelative
adult that has a familiar and long-standing relationship or bond with the child
or the family, which relationship or bond will ensure the child's social
ties.
(7) "Minor
child" has the same meaning as in
45 C.F.R.
260.30 (2003), which is either of the
following:
(a) An individual who has not
attained age eighteen.
(b) An
individual who has not attained age nineteen and is a full-time student in a
secondary school or in the equivalent level of vocational or technical
training.
(C)
Eligible kinship caregiver(s) shall receive an initial incentive payment and
may receive subsequent payments at six-month intervals to support the stability
of the child's placement in the home.
(1) The
maximum incentive amount may not exceed eight payments per child per kinship
caregiver(s).
(2) Individuals who
were approved for their sixth incentive payment prior to March 17, 2014 are not
eligible for additional incentive payments.
(3) Individuals who submitted their sixth
application to the public children services agency (PCSA) on or after March 17,
2014 may be eligible for additional incentive payments.
(4) Individuals who have not received their
sixth incentive payment may be eligible for additional incentive
payments.
(D) For each
state fiscal year (SFY), the Ohio department of job and family services (ODJFS)
shall determine the initial and subsequent payment amounts. At the beginning of
each SFY, ODJFS shall provide notice to the PCSAs identifying the initial and
subsequent payment amounts for that SFY.
(E) The PCSA shall determine the kinship
caregiver(s) eligible for KPI when all of the following criteria are met:
(1) On July 1, 2005 or thereafter, a court
issued an order granting legal custody or guardianship to the kinship
caregiver(s). A temporary court order is not sufficient to meet this
requirement.
(2) The minor child
resides with the kinship caregiver(s). If the child is on temporary leave from
the kinship caregiver's home (e.g., hospitalization, mental health treatment or
respite) and the kinship caregiver retains legal custody or guardianship this
shall not preclude eligibility for KPI.
(3) The kinship caregiver(s) is a resident of
the state of Ohio.
(4) The gross
income of the kinship caregiver's family does not exceed three hundred per cent
of the federal poverty guidelines.
(5) The placement has been assessed and
approved by the PCSA or private child placing agency (PCPA).
(a) For children placed by the PCSA or PCPA,
the placement was assessed and approved pursuant to paragraphs (B) to (I) of
rule 5101:2-42-18 of the
Administrative Code.
(b) For
children placed directly with a kinship caregiver by a court or relative, the
PCSA shall assess the home in accordance with the requirements identified in
paragraphs (B) and (D) to (I) of rule
5101:2-42-18 of the
Administrative Code prior to the approval of KPI.
(F)
A
kinship caregiver who is receiving kinship guardianship assistance program
(KGAP) payments for a child is not eligible to receive KPI for the same
child.
(G) The kinship
caregiver(s) shall apply for the KPI program by submitting the following to the
PCSA in the county in which the caregiver resides:
(1) The JFS 01501 "Application for Kinship
Permanency Incentive."
(2)
Verification that the caregiver has obtained legal custody or guardianship on
or after July 1, 2005.
(3)
Verification of included income. Exclusions of
reported income are as follows and shall not be included in the income
calculation for eligibility:
(a) Child support
paid out to another custodian for a child in the other custodian's care. The
total amount of child support paid out shall be deducted from the gross
income.
(b) Up to one hundred
dollars per month per child of any child support received on behalf of the
child(ren) for whom the kinship caregiver is applying for the KPI
program.
(c) Any Ohio works first
(OWF) payments.
(d) Any income of
minor children, including employment income and social security benefits paid
to a child.
(e) Supplemental
security income (SSI) payments and social security disability income (SSDI)
payments.
(f) Adoption subsidy
payments and foster care reimbursements.
(g)
Ohio adoption
grant program payments received for an adopted child.
(h)
KGAP payments
received for another child.
(H)
When the kinship caregiver(s) submits an application for re-determination, the
PCSA shall review the eligibility requirements in paragraphs (E)(1) to (E)(4)
of this rule with the kinship caregiver(s) to ensure the requirements continue
to be met by the kinship caregiver's family.
(I) At the time of the
kinship caregiver's initial application or re-determination, the PCSA in the
county in which the kinship caregiver(s) resides shall:
(1) Provide the kinship caregiver(s) with the
JFS 01501 upon request.
(2)
Determine eligibility for the initial incentive payment.
(3) Notify the kinship caregiver(s) of the
approval, denial or incomplete application in accordance with paragraphs
(J) and
(K) of
this rule.
(4) Inform the kinship
caregiver(s) that subsequent payments require redetermination of eligibility
every six months and that the kinship caregiver(s) must submit another
application.
(5) Notify the kinship
caregiver(s) at least thirty, but not more than sixty, calendar days prior to
the eligibility for a subsequent incentive payment that the kinship
caregiver(s) must submit a JFS 01501 and verifying documentation to enable the
PCSA to determine eligibility.
(6)
Determine continuing eligibility for subsequent incentive payments as long as
the kinship caregiver(s) resides in that county.
(7) Notify the kinship caregiver(s) of the
approval, denial or incomplete application for subsequent incentive payments in
accordance with paragraphs
(J) and
(K) of this rule.
(J)
The PCSA shall approve or deny the application for KPI based on criteria
identified in paragraphs (E)(1) to (E)(5) of this rule and provide notification
on the "Notice of Approval for Kinship Permanency Incentive Funds" or the
"Notice of Denial for Kinship Permanency Incentive Funds" reports generated
from the Ohio statewide automated child welfare
information system (SACWIS) to the kinship caregiver(s) of its decision within
fifteen business days of receipt of the completed JFS 01501, supporting
documentation, and the results of the background checks.
(K)
When sufficient information is not available to enable the PCSA to approve or
deny the application for incentive payments, the PCSA shall provide the kinship
caregiver(s) with notification on the "Notice of Incomplete Kinship Permanency
Incentive Application" generated from Ohio SACWIS
that identifies the information needed and informs the kinship caregiver(s)
that if information requested is not submitted within ten calendar days the
application will be denied. This shall not prohibit the kinship caregiver(s)
from reapplying.
(L) If a kinship
caregiver(s) relocates to another Ohio county, the PCSA in the new county of
residence is responsible for determining eligibility for subsequent incentive
payments. When known, the PCSA in the county in which the kinship caregiver(s)
currently resides shall coordinate with the PCSA in the county of former
residence in order to secure information regarding prior incentive payments.
The PCSA in the county in which the kinship caregiver(s) formerly resided shall
share information regarding prior incentive payments and upon request, transfer
the case to the PCSA of the kinship caregiver's new county of
residence.
(M) When a PCSA
conducts and approves a home assessment in accordance with rule
5101:2-42-18 of the
Administrative Code for a child's placement with a relative or nonrelative
substitute caregiver residing in another county, the PCSA in the county of
residence may use the approved home assessment to support KPI program
eligibility.
(N) The PCSA may
develop an interagency agreement with the
county department of
job and family services (CDJFS) to assist in gathering eligibility
information necessary for the PCSA to approve or deny the
application.
(O) If a director of a
PCSA determines that a kinship caregiver(s) has received a fraudulent
incentive, the kinship caregiver(s) shall be ineligible to participate in the
KPI program for any child. The PCSA that determines that a kinship caregiver(s)
has received a
fraudulent incentive shall indicate this in
Ohio SACWIS.
(P) The PCSA shall
enter applications and incentive payments into Ohio SACWIS.
(Q) In order to confine
KPI expenditures to appropriated state funds, the director of the department of
job and family services, or designee, may issue an order at any time suspending
the intake of any applications for KPI. During a program suspension, all
applicants will be advised that a suspension is in effect. All applications
will be denied during the same time that a suspension is in effect. No waiting
lists will be established during the periods of suspension.
(R)
The PCSA shall inform the kinship caregiver(s) of the right to request a state
hearing and provide the kinship caregiver(s) with a copy of the JFS 04059
"Explanation of State Hearing Procedures" upon approval or denial of their
application. The kinship caregiver(s) has the right to request a state hearing
if the PCSA denies eligibility for KPI, or the application has been acted upon
erroneously, or not acted upon with reasonable promptness.
