Current through all regulations passed and filed through December 16, 2024
(A) The public children services agency
(PCSA) is
to be responsible for the administration of the AA program.
Administrative expenditures can be claimed for reimbursement only if AA is a
direct responsibility of the PCSA. The PCSA is to be
responsible for:
(1) Ensuring the proper
administration of funds, allocated or reimbursed.
(2) Determining initial and continuing
eligibility for AA program services.
(3) Maintaining a separate AA case record for
each program eligible child for whom a PCSA has entered into an AA
agreement.
(4) Service planning and
increasing the opportunities for adoption of children with special needs who
are free for adoption by:
(a) Encouraging and
increasing the opportunities for adoption of children with special needs who
are free for adoption.
(b) Ensuring
that all possibilities for an adoptive home without the assistance of AA are
explored.
(c) AA case
management.
(d) Pre-finalization
and the provision or referral for post-finalization adoption
services.
(B)
Prior to finalization of the adoption, the PCSA is to provide
and assist the adoptive parent(s) of a child placed by that PCSA
and eligible for AA with a JFS 01451 "Title IV-E
Adoption Assistance Application" and the JFS 04059 "Explanation of State Hearing
Procedures."
(1)
Although the adoptive parent(s) may have declined an
adoption subsidy during the completion of a JFS 01667 "Adoption Information
Disclosure," the Title IV-E agency is to assist the adoptive parent(s) with the
completion of the JFS 01451.
(2)
A completed and
signed application is to be on file in the child's AA case record in accordance
with rule
5101:2-49-17 of the
Administrative Code.
(C) The adoptive parent(s) may apply for AA
only after both of the following have occurred.
(1) The homestudy has been approved in
accordance with rules 5101:2-48-11, 5101:2-48-11.1, 5101:2-48-12, and
5101:2-48-12.1 of the
Administrative Code.
(2) A child
has been matched with an adoptive parent(s) in accordance with rule
5101:2-48-16 of the
Administrative Code by an agency with such authority. If the child is placed
for adoption in Ohio from another state, the Ohio agency
is to
use the other state's documentation to meet the matching
requirements.
(D) A
stepparent may apply for AA only if a biological parent(s) is not present in
the home due to death or divorce or has failed to visit or maintain contact
with the child for more than ninety days pursuant to section
2151.011 of the Revised
Code.
(E) Prior to the finalization
of adoption, the adoptive parent(s) is to submit the
AA application to one of the following, as appropriate:
(1) The PCSA holding permanent custody of the
child.
(2) The PCSA located in the
county in which the adoptive parent(s) resides when one of the following
applies:
(a) The child meets the eligibility
requirements for Title XVI supplemental security income (SSI) benefits and the
child is not in the custody of a PCSA.
(b) The child is placed by a private child
placing agency (PCPA) having permanent custody of the child.
(c) The child is placed for adoption in Ohio
from another state and that state's PCSA does not have responsibility for
placement and care/custody of the child.
(3) For a child who is placed for adoption
from Ohio into another state and the child is not in the permanent custody of
an Ohio PCSA, the adoptive parent(s) is to apply at
the Title IV-E agency in the state the adoptive parent(s) resides. The Title
IV-E agency in the adoptive parent's state of residence
is to be
responsible for determining the child's eligibility for AA,
and if the child is eligible, entering into the
AA agreement, and issuing the AA payment.
(F) If an Ohio PCPA holds permanent custody
of a child as a result of a JFS 01666 "Permanent Surrender of Child,"
the following requirements
are to be met:
(1) Prior to finalization of the adoption,
the PCPA is
to ensure that the adoptive parent(s) receives information about AA and
an AA application, including when the adoptive
parent(s) declines AA.
(2) At
the time of application by the adoptive parent(s), the PCPA
is to
provide the PCSA with the following:
(a) A
copy of the JFS 01616 "Social and Medical History" completed on the child for whom the
subsidy is being requested.
(b) A
copy of one of the following homestudies:
(i)
JFS 01673 "Assessment for Child Placement (homestudy)."
(ii) A copy of
the JFS 01692 "Application for Adoption of a Foster Child or Sibling Group."
(iii) The out of
state approved homestudy forms for an adoptive parent(s) residing out of
state.
(c)
A copy of the JFS 01666 "Permanent Surrender of
Child."
(G) The PCSA is to complete
the AA eligibility determination in Ohio comprehensive child welfare information system (Ohio
CCWIS) and approve or deny the application within thirty days after a
completed application and all needed documentation is provided to the
PCSA.
(H) The PCSA may obtain
written verification and information to assist in determining AA eligibility
from a variety of sources including:
(1) The
social security administration.
(2)
The agency that has held permanent custody of the child and placed the child
for adoption.
(3) The court
records.
(4) The adoptive
parent(s).
(I) The PCSA
is to
request verification from the adoptive parent(s) and have the adoptive
parent(s) complete the ODM 06612 "Health Insurance Information Sheet"
at any time the adoptive
parent(s) acquires health care insurance coverage for the child.
(J) In accordance with federal requirements,
the PCSA is not to add any
language to the AA agreement that makes the agreement subject to the
availability of funds.
