Current through all regulations passed and filed through September 16, 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.
(B)
The
child is a child with special needs who, prior to the finalization of adoption,
has at least one of the following needs or circumstances that may be a barrier
to the adoption without financial assistance:
(1)
Is part of a
sibling group being adopted together or part of a previously adopted biological
sibling group with whom the child should be placed.
(2)
Is a member of a
minority or ethnic group.
(3)
Is six years of age or older.
(4)
Has remained in
the permanent custody of a PCSA or PCPA for more than one year.
(5)
Has a medical
condition, physical impairment, or developmental disability.
(6)
Has a mental
illness as defined in Chapter 5122. of the Revised Code.
(7)
His or her family
has a social or medical history that establishes a substantial risk of the
child acquiring a medical condition, physical impairment, or mental or
developmental disability that makes it difficult to place the child for
adoption without the provision of SAMS. The condition is to be diagnosed by a
qualified professional. For the purpose of this rule, a "qualified
professional" is an audiologist, licensed independent social worker, licensed
professional clinical counselor, physician, physician assistants, or
orthopedist, marriage and family therapist, psychiatrist, psychologist or
speech/language pathologist or other licensed/certified professionals that are
under the direct supervision of any of the professionals listed in this
paragraph. The qualified professional is to:
(a)
Diagnose a
medical, or physical impairment, or mental or developmental disability within
the professional's area of expertise.
(b)
Not be
responsible for providing casework services to the child.
(c)
Provide a clear
written statement of the child's diagnosis supported by an assessment or
evaluation which includes an opinion as to the origin of the problem, past
history, prognosis and recommendations related to future treatment
needs.
(8)
Has been in the home of his or her prospective adoptive
parents as a foster child for at least six months and would experience severe
separation and loss if placed in another setting due to his or her significant
emotional ties with these foster parents as determined and documented by a
qualified mental health professional.
(9)
Has experienced
previous adoption disruption or multiple placements.
(C)
At the time of
the initial application, an adoptive family is eligible for payments under SAMS
if all the requirements in paragraphs (A)(1) to (A)(5) of this rule and at
least one of the criteria listed in paragraphs (B)(1) to (B)(9) of this rule
are met and the adoptive parent's annual gross income does not exceed one
hundred twenty per cent of the median income of a family of the same size, as
most recently determined for this state pursuant to division (B) of section
5153.163 of the Revised
Code.
(D)
The adoptive parent(s) is to complete the JFS 01613
"Application for State Adoption Maintenance Subsidy" and provide verification
of the family's annual gross income by submitting the following as
applicable:
(1)
The most recent U.S. department of internal revenue service
(IRS) income tax form.
(2)
Proof of receipt of benefits from the social security
administration.
(3)
Proof of receipt of workers
compensation.
(4)
Any other income verification from other providers of
pension benefits.
(5)
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.
(E)
Approval or
denial of the JFS 01613 is to occur prior to the adoption finalization.
(F)
The SAMS payment amount shall be agreed upon between the PCSA and the adoptive
parent(s) and shall be based upon the needs of the adoptive child and in
accordance with the PCSA's adoption policy.
(G)
If paragraphs
(A)(1) to (A)(5) of this rule are met and paragraph (B)(7) of this rule is the
sole special needs determination that the child is a child with special needs,
the PCSA is to enter into an agreement with the adoptive parent(s) with no
payment. The adoptive parent(s) may request an amendment of the agreement to
include subsidy payments if the child develops a condition, impairment, or
disability as described in paragraph (B)(7) of this rule.
(H)
For the beginning of each state fiscal year a procedure letter that identifies
the maximum monthly funding level for SAMS will be published on the Ohio
department of job and family services (ODJFS) website. If a PCSA negotiates a
payment in excess of the maximum SAMS payment identified in the procedure
letter, the PCSA shall enter into a separate county agreement with the adoptive
parent for a county adoption maintenance subsidy (CAMS).
