Current through all regulations passed and filed through September 16, 2024
(A)
For the purposes
of Chapter 5101:2-46 of the Administrative Code, "kinship caregiver" has the
same meaning as in rule
5101:2-1-01 of the
Administrative Code and including 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 home has a kin relationship with the
child.
(B)
In order to be eligible for the KGAP program, prior to
the court issuing an order granting legal custody/guardianship to the kinship
caregiver(s) the public children services agency (PCSA) has determined the
following eligibility criteria:
(1)
The child, as defined in rule
5101:2-1-01 of the
Administrative Code, was:
(a)
Removed from their home pursuant to a voluntary
placement agreement or as a result of a judicial determination that
continuation in the home would be contrary to the welfare of the
child.
(b)
Eligible for Title IV-E foster care maintenance (FCM)
payments during at least a six-consecutive month time period during which the
child resided in the home of the kinship caregiver(s) who was certified as a
foster home while in foster care.
(c)
A citizen or
legal resident of the United States, and legal custody/guardianship will be
granted in the United States.
(2)
The PCSA has also
found:
(a)
Reunification or adoption are not appropriate permanency
planning options for the child.
(b)
The child
demonstrates a strong attachment to the kinship caregiver(s) and the kinship
caregiver(s) has a strong commitment to caring permanently for the
child.
(c)
A child who is fourteen years or older has been
consulted regarding the kinship guardianship arrangement.
(d)
The kinship
caregiver(s) is currently certified as a foster home including having up to
date background checks in accordance with rules
5101:2-5-20; 5101:2-5-24,
5101:2-5-30 and 5101:2-5- 09.1 of the Administrative Code as applicable. If the
kinship caregiver(s) resides in another state, the PCSA is to ensure the family
and any other adult(s) of the kinship caregiver(s) living in the home, complies
with all requirements of that state for licensure and background checks to
become certified or licensed in that state.
(C)
Any
sibling of a child in receipt of KGAP payments who is placed with the same
relative is eligible to receive KGAP payments under a kinship guardianship
arrangement if the PCSA determines this as an appropriate placement and the
relative(s) agrees.
(1)
The PCSA does not have to place siblings with the
kinship caregiver(s) of the child simultaneously with the Title IV-E eligible
child for the siblings to qualify for payment.
(2)
The sibling does
not have to meet the eligibility criteria in order to receive KGAP
payments.
(D)
For a child who has a case plan goal or concurrent plan
goal of custody with a fit and willing kinship caregiver(s), the case plan is
to be documented in accordance with rule 5101:2-38-05.2 of the Administrative
Code.
(E)
The PCSA is to use the Ohio statewide automated child
welfare information system (SACWIS) to document KGAP eligibility
status.
(F)
When the kinship caregiver(s) submits documentation for
ongoing verification, Ohio department of job and family services (ODJFS) is to
determine if the kinship caregiver(s) is still caring for the
child.
