Current through all regulations passed and filed through September 16, 2024
(A)
Ohio department
of job and family services (ODJFS) is to terminate the JFS 00133 "Title IV-E
Kinship Guardianship Assistance Program (KGAP) Agreement" in any of the
following circumstances:
(1)
At the end of the month of the child's eighteenth
birthday.
(2)
The kinship caregiver(s) has not contacted ODJFS and
provided documentation that meets the ongoing verification requirement within
ninety days of the notice to suspend a KGAP payment pursuant to rule
5101:2-46-08 of the
Administrative Code.
(3)
If the child is no longer receiving any support from
the kinship caregiver(s) as defined in paragraph (B) of this
rule.
(4)
If the kinship caregiver(s) is no longer legally
responsible for supporting the child as defined in paragraph (C) of this
rule.
(5)
If a court of competent jurisdiction has terminated
legal custody/guardianship of the kinship caregiver(s) or the kinship
caregiver(s) has voluntarily surrendered legal
custody/guardianship.
(6)
If the kinship caregiver(s) requests termination of the
KGAP benefits.
(7)
If the kinship caregiver(s) is
deceased.
(8)
If a new agreement was established with the successor
guardian upon the kinship caregiver(s) death or incapacitation.
(9)
If the child is
deceased.
(B)
A kinship caregiver(s) is not supporting the child if
the kinship caregiver(s) is not providing the child with shelter, food,
clothing, or any financial support regardless of the physical location of the
child.
(C)
A kinship caregiver(s) is not legally required to
support the child if the child becomes emancipated. A child becomes emancipated
if the child:
(1)
Enlists in the military services, defined as the date
of report for active duty.
(2)
Marries.
(3)
Has been determined to be an emancipated minor by a
court of competent jurisdiction or the state of residence.
(4)
Is
self-supporting by paying for shelter, food, and clothing even though they may
still reside with the kinship caregiver(s).
(D)
When ODJFS
proposes to terminate the KGAP agreement, ODJFS is to provide the kinship
caregiver(s) with a notice of the proposal to terminate and the right to a
state hearing.
(E)
When ODJFS proposes to terminate the KGAP agreement,
and the kinship caregiver(s) has requested a state hearing, the following will
apply:
(1)
If a
state hearing is requested within fifteen days of the date on the notice in
accordance with provisions set forth in Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code, KGAP is to continue until a state hearing decision is
issued.
(2)
If a state hearing is requested within fifteen days of
the date on the notice and the hearing decision is favorable to the kinship
caregiver(s), KGAP is to continue in accordance with the terms of the KGAP
agreement or an amended agreement may be entered into by mutual
agreement.
(3)
If a state hearing is requested within fifteen days of
the mailing date on the notice and the hearing decision is to terminate the
KGAP, the kinship caregiver(s) is not required to return the payments received
prior to the issuance of the state hearing decision.
(4)
If no timely
hearing is requested, KGAP is to be terminated.
(F)
When ODJFS
determines that KGAP should be terminated, ODJFS is to provide notification to
the kinship caregiver(s) of Ohio's intent to terminate the KGAP subsidy.
Notification is to include, at a minimum, all of the following:
(1)
The effective
termination date.
(2)
Provide the JFS 04059 "Explanation of State Hearing
Procedures."
(3)
Complete the JFS 04065 "Prior Notice of Right to A
State Hearing."
(4)
Include the JFS 04069 "State Hearing
Request."
(5)
A completed JFS 00127 "Notice of Adverse Action for the
Federal Kinship Guardianship Assistance Program (KGAP)."
(6)
Complete the ODM
01958 "Referral for Medicaid continuing eligibility review" pursuant to rule
5160:1-2-01 of the
Administrative Code and send the ODM 07236 "Your Rights & Responsibilities
as a Consumer of Medicaid Health Coverage" to the kinship
caregiver(s).
