Current through all regulations passed and filed through September 16, 2024
(A) The adoptive parent(s) of a child with
special needs may apply for
AA after the adoption is
finalized if the JFS 01451 "Title IV-E Adoption Assistance Application" (rev.
12/2015) was not completed prior to the finalization
of adoption, and the JFS 01453 "Title IV-E
Adoption Assistance Agreement (rev. 7/2019) was not
executed prior to the finalization of adoption because of one of the following:
(1) The public children services agency
(PCSA) or private child placing agency (PCPA) knew relevant facts regarding the
child and did not present the facts to the adoptive parent(s) prior to the
finalization of adoption.
(2) The
PCSA or PCPA failed to advise the adoptive parent(s) of the availability of AA.
(a) The PCSA or PCPA may meet the requirement
to inform the adoptive parent(s) of AA
pursuant to rules 5101:2-48-05,
5101:2-48-11.1 and
5101:2-48-15 of the
Administrative Code.
(b)
Advising an adoptive parent(s) is not required if the adoptive parent(s) is not
known to the PCSA or PCPA for a child with special needs who is not in the
custody of the PCSA or PCPA.
(B) The child shall meet all of the remaining
eligibility requirements for AA that are in effect on the date the PCSA
receives the JFS 01451 except for the timeliness standard which requires that a
JFS 01451 be completed and a JFS 01453 be signed prior to a finalization of
adoption.
(C) The following
procedures shall be followed for AA eligibility to be considered after an
adoption has been finalized:
(1) The adoptive
parent(s) shall submit a JFS 01451 to one of the following:
(a) The PCSA that held permanent custody of
the child prior to the adoption.
(b) The PCSA in the county where the adoptive
parent(s) resides, if one of the following applies:
(i) A PCPA had
permanent custody of the child by court order or through the execution of a JFS
01666 "Permanent Surrender of Child" (rev. 10/2013) prior to the
adoption.
(ii) The social security
administration determined the child eligible for the supplemental security
income benefits prior to the finalization of the adoption and no PCSA held
permanent custody of the child.
(iii)
The child is a
child of a minor parent. The child was residing with the minor parent and a
judicial determination that it was contrary to the welfare/best interest for
the minor parent to remain with the specified relative.
(iv)
The child was in
receipt of AA in a prior finalized adoption, currently meets the definition of
special needs as set forth in rule
5101:2-49-03 of the
Administrative Code and finalizes the new AA agreement by the end of the month
of the child's eighteenth birthday pursuant to rule
5101:2-49-04 of the
Administrative Code.
(v)
The child is a sibling placed in the same adoptive home
as his or her sibling who meet the applicable child eligibility criteria in
rule 5101:2-49-02 of the
Administrative Code.
(2) At the time the JFS 01451 is submitted,
the adoptive parent(s) shall provide the PCSA with a copy of the following:
(a) The JFS 01616 "Social and Medical
History" (rev. 6/2009)
(b) The JFS
01673A "Child Characteristics Checklist for Foster Care and or Adoption" (rev.
12/2006).
(c) The JFS 01673
"Assessment for Child Placement (Homestudy)" (rev. 12/2014), or
the JFS 01692 "Application for Adoption of a Foster Child" (rev.
12/2014) completed prior to the adoption of the child.
(D) If the
PCSA determines that the child is eligible for adoption assistance
post-finalization, without a state hearing, the agency shall process the
application for adoption assistance, otherwise the PCSA shall deny the JFS
01451 based on the application not being submitted prior to finalization and
provide the adoptive parent(s) with the following:
(1) The JFS
04059 "Explanation of State Hearing Procedures" (rev.
1/2015).
(2) The JFS 07334 "Notice of Denial of your
Application for Assistance" (rev. 9/2011).
(E) Upon receipt of the PCSA's denial of the
JFS 01451, the adoptive parent(s) may request a state hearing.
(F) If a state hearing decision determines
that one or more of the circumstances set forth in paragraph (A) of this rule
were present, the PCSA shall determine eligibility for AA after finalization
and negotiate a JFS 01453 with the adoptive parent(s).
(G) If all of the conditions set forth in
paragraphs (C) and (D) of this rule are met, the effective date for current and
future AA payments shall be the date on which the JFS 01453 is signed by the
PCSA and the adoptive parent(s).
